Planning Commission

RECORD OF PROCEEDINGS OF THE PLANNING COMMISSION CITY OF BELLINGHAM, WASHINGTON THURSDAY PUBLIC HEARING 7:00 P.M. September 18, 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, Garrett O'Brien, Ali Taysi, Phyllis McKee, Steve Crooks and Cerise Noah Present: Tom Grinstad, Jeff Brown, Garrett O’Brien, Phyllis McKee and Steve Crooks Absent: Ali Taysi and Cerise Noah Staff Present: Greg Aucutt, Interim Planning Director; Lisa Pool, Senior Planner; and Heather Aven, Recording Secretary. APPROVAL OF MINUTES: The minutes from August 7, 2014 were submitted to the Commission for approval. Garrett O'Brien / Phyllis McKee moved to approve the August 7, 2014 minutes as amended. VOTE: ALL AYES 15 MINUTE PUBLIC COMMENT PERIOD: Bob K. spoke to an article that was published related to Bellingham becoming a more bicycle friendly community than it already is. He expressed his concern that the rules for riding bicycles within the City are not clearly posted and would like it to be more clear what bicyclists can / cannot do, and what the consequences are for breaking them. PRESENTATION: Ann Stark, Senior GIS Analyst presented a PowerPoint on the GIS City IQ updates. PUBLIC HEARING: Consideration of a request to docket a proposal which includes amendments to the Samish Neighborhood Plan, Area 4, to rezone approximately 1.75 acres at 801 Samish Way from Residential Single to Commercial Planned with a non-retail restriction. STAFF PRESENTATION Lisa Pool reviewed the Comprehensive Plan amendment process and indicated that this was not a meeting to decide the merits of the project, but instead if they have met the criteria to be considered for the 2014-2015 annual docket. She highlighted the review criteria that must be met in order to recommend approval. She stated that the request was to amend 1.7 acres of Samish Neighborhood Area 4, and rezone it from Residential, Single to Commercial, Planned with a non-retail condition. She reviewed the proposal and also explained City Council's direction to the applicants during their July 21, 2014 public hearing. She stated that staff feels the required criteria has been met and a recommendation of approval should be forwarded. Final Copy - 1  APPLICANT PRESENTATION Rodney Anderson, on behalf of Pacific Harbor Holdings and Pacific Harbor Psychology. He shared his perspective on #2 of the docketing criteria in the staff report and added some additional thoughts. He stated that although this community has excellent medical care facilities and services, there is a tremendous ongoing need for stable, reliable and easily accessible psychology and mental health services. Rodney Anderson also spoke to Chapter 10 of the Comprehensive Plan and pointed out that health care was one of the nine groups that were identified as being desirable for Bellingham, with one of the goals being to "ensure there are suitable locations for these targeted employment sectors". He described what a "suitable location" for mental health services might look like. Rodney Anderson spoke to some of the concerns that they heard at the neighborhood meeting. He also mentioned the reasons that this rezone would be beneficial to all parties. Kate Haskell, a mental health therapist, represented the nine colleagues and provided a brief explanation to their connection with Bellingham, the longevity of their group and the reasons why they are requesting the rezone for this property. She stated that they have no intention of changing the exterior of the building or the landscape and intend to occupy the property in perpetuity. She mentioned some of the challenges that this group has faced over the past 11 years, in an effort to establish credibility. Simi Jain, Zender Thurston P.S. reiterated what the City Council actions were in July and asked that the applicants be allowed to respond to public comment. Jeff Brown wanted to know what past procedures have been with other properties in single-family zoning that have primarily institutional uses. Greg Aucutt stated that the existing facilities have fit well into the neighborhoods and have not raised issues that staff has had to deal with. Steve Crooks wanted to know why a Conditional Use Permit was not considered. Greg Aucutt stated that medical office uses are not allowed in residential zones, therefore the Conditional Use process was not an option. PUBLIC HEARING OPENED Steve Able stated that although he is not opposed to docketing the proposal, he would like to comment on the ways that the application meets the criteria. He agreed that the proposal met all three of the same goals that staff listed in their staff report, and he cautioned that the language related to the non-retail component is critical to helping ensure the intent of the rezone is upheld. He pointed out that, to his knowledge, a definition of "non-retail" does not exist in the zoning code. He implored the Commission and Council to consider the protection of the neighborhood character as they formulate the "non-retail" definition. Ken Chovil lives directly behind the church and requested the Commission to consider what the neighbors will have to live with as the result of this rezone. He stated that he is in total support of the proposal. He mentioned that although maintaining the character of the neighborhood is very important, so is the provision of this need for an important part of our community. Final Copy - 2 Dick Conoboy expressed concern about what could happen if new ownership occurred after the rezone was approved. He spoke to the surrounding uses and stated that the rezones that are occurring in this area will set up a dynamic that will change the entire feel of the neighborhood. PUBLIC HEARING CLOSED APPLICANT RESPONSE TO COMMENTS: Simi Jain, on behalf of the applicants, explained what should and should not be part of the docketing discussion. She suggested that most of the comments would be more appropriate once a rezone comprehensive plan amendment application was considered in the legislative process. She referenced the Samish Neighborhood Land Use Map and pointed out that the subject property is next to a multi- family zone. COMMISSION QUESTIONS / DISCUSSION: Garrett O'Brien wanted to know what the process would be to make medical facilities, in single-family zones, an allowed use through a Conditional Use Permit. Greg Aucutt stated that it would be a text amendment to the zoning code. Phyllis McKee suggested that the Commission not have a discussion related to the details of the rezone proposal. MOTION: Garrett O'Brien/Phyllis McKee moved to approve the docketing request of 801 Samish Way to amend the Samish Neighborhood Plan. Steve Crooks stated that it does appear that one section of the Samish neighborhood is being carved out as a Commercial, Planned zone. He stated that although there is enough to support the docketing, he will want to discuss this issue in the next process. VOTE: ALL AYES GENERAL BUSINESS: Planning Director’s Report - Greg Aucutt Greg stated that the final four candidates for the Planning Director position will be coming to town the first week of October. He pointed out that the Commissioners were welcome to participate in the events that will occur that week. Greg also mentioned the upcoming need for two sub-committees to be formed that will assist staff in two major projects early next year, amendments to both the Subdivision Ordinance and the ADU Ordinance. There was a discussion about the possibility of Jeff Brown remaining on the Commission for one additional year so that he can take part in the Infill Toolkit discussions. ADJOURNED: 8:20pm NEXT MEETING: Minutes prepared by: _____________________________ Final Copy - 3 Heather Aven, Recording Secretary Minutes edited by Planning Commission members and various Planning Staff. Final Copy - 4