Planning Commission

RECORD OF PROCEEDINGS OF THE PLANNING COMMISSION CITY OF BELLINGHAM, WASHINGTON THURSDAY PUBLIC MEETING 7:00 P.M. March 5, 2015 CITY COUNCIL CHAMBER5 Video-taped www.cob.org CALL TO ORDER: The meeting was called to order by Ali Taysi, Chairman of the Planning Commission. ROLL CALL: Tom Grinstad, Jeff Brown, Garrett O'Brien (VC), Ali Taysi (C), Phyllis McKee, Steve Crooks and Cerise Noah Present: Tom Grinstad, Jeff Brown, Garrett O’Brien, Ali Taysi, Phyllis McKee, Steve Crooks and Cerise Noah Absent: Staff Present: Greg Aucutt, Assistant Director; Chris Koch, Planner II; and Heather Aven, Recording Secretary. APPROVAL OF MINUTES - None to approve. 15 MINUTE PUBLIC COMMENT PERIOD No public testimony provided. PUBLIC MEETING Review the current regulations for attached and detached accessory dwelling units (ADUs), identify associated issues and opportunities, and recommend possible regulatory changes that will ensure implementation of the comprehensive plan, efficient use of land, and clear and consistent review processes. STAFF PRESENTATION Greg Aucutt explained that the city is in the process of reviewing the 20-year old accessory dwelling unit (ADU) ordinance and has just entered into the information gathering stage. He stated that a specific proposal will be brought forward at a future date, at which time the public will have another opportunity to comment. Chris Koch explained what an accessory dwelling unit (ADU) is. He reviewed the existing ADU and detached ADU standards and requirements. He noted that currently the ADU and D-ADU are codified in two separate sections of the code, and he explained that during this update process they will be combined and placed in just one section. He listed the reasons that the ordinance is being reviewed and updated at this time. He discussed the Rental Registration Program and explained that the updated ADU ordinance would help to identify what options those property owners would have to come into compliance. He reviewed the items staff is seeking the Planning Commission's recommendations on, as well as the next steps staff will be taking in the process. Final Copy - 1  COMMENTS FROM PUBLIC Geoff Middaugh expressed his support for the update to the ordinance and noted the importance of including the "illegal units" as well as the "legal" units in the decision-making process. He encouraged the City to be fair and allow the illegal units to become legal without paying a lot of fees, as long as there is already adequate parking. He noted that there should be incentives for compliance and penalties for non-compliance with the ordinance once it is updated. He stated that an administrative process to legally establish an ADU should be created. He emphasized that adequate parking is very important prior to an ADU being approved. He stated that he is in favor of retaining the owner-occupied requirement. He mentioned that neighborhoods should get credit for the illegal ADU's, and encouraged the removal of the cap since it is meaningless unless you know the number of units in each neighborhood. Derek Long commented on the benefits of providing good housing options near where the public works, shops, plays and studies. He noted that by doing this the community is healthier and the planet is less polluted given that the public spends less time in the car. He also spoke to the positives of having more neighbors. Lisa Anderson, York Neighborhood Association referenced the written comment that was submitted. She stated that the neighborhood association is in favor of retaining the owner-occupied requirement. She expressed concern regarding the illegal ADUs. She encouraged that a different method other than neighbors filing a complaint on another neighbor be established to identify the units. Lisa Anderson is personally interested in the research that was conducted to determine the rating of 40% - 50% given to Bellingham. She expressed concern regarding adequate parking and noted that if it does not exist, the ADU should not be approved. She stated that, in her opinion, there should not be another opportunity to make illegal ADUs, legal. She expressed interest in having an enforcement policy be developed so that there are known consequences for an illegal ADU or and ADU that is no longer owner-occupied. She also stated that ADUs should count toward density. Anne Mackie commented on the importance of the issues the City is moving forward, and she expressed concern about the lack of time the neighborhoods have to understand and participate since they are coming forward at such a rapid pace. She stated that she supports the effort to collect an accurate count of legal and illegal ADUs by neighborhood, as well as the need to determine which ones do not comply with the owner-occupied requirement. She noted that the grand-fathered ADUs should be checked to determine if the construction of the units were ever permitted by the City. Eric Scott stated that ADUs can eventually ruin a neighborhood. He noted that the city benefits by increasing density; however the environment cannot sustain the constant division of land and development of units due to the population growth that is realized. He pointed out that the jobs created by the construction of the units are not sustainable, since it is a one-time opportunity. He stated that ADUs are essentially circumventing the zoning laws, since it would be multi-family housing in single- family zones. He expressed concern about turning an "owner-occupied neighborhood" into one with only rentals. He spoke to the difference between an ADU and a Detached ADU. Harriett Spanel spoke to the number of "illegal" detached ADUs that she can see in the single-family zone she resides in. She noted that several of these dwellings are not owner-occupied, nor do the records show that improvements have been made to the property. She pointed out that this is resulting in the loss of money for the City related to utilities. She emphasized that parking is a major issue and should be heavily considered during this process. She stated that, in her opinion, prior to moving forward with this process, it will be crucial to know how many ADUs the city is actually dealing with. She noted that ADUs are multi-family and if they are allowed in single-family zones, the preservation of that Final Copy - 2 neighborhood character is not occurring. She mentioned the importance of green space and spoke to the loss of green space that could be realized. She expressed her opposition to allowing illegal ADUs to become legal through this process. Paul Schissler encouraged the city to proceed slowly in an effort to adequately address the issues that have been raised. He expressed support for finding a way to accommodate additional housing in the city's neighborhoods in such a way that does not add noise or too much additional traffic. He addressed some of the benefits to the city that could be realized by the additional development. He spoke to the affordability and value of the additional dwelling units on a parcel of land. Jeanette Kaizer stated that based on conversations she has had, not many people are against permitted ADUs; however, the lack of compliance and the city's inability of enforcement has created multiple illegal ADUs. She expressed concern about how the issue of enforcement will be resolved. She stated that all of the ADUs (illegal and legal) need to be part of the housing inventory. She pointed out that several of the units do not have addresses which can cause major issues for the city's life / safety departments. David Cunningham spoke to the neighborhood character of Birchwood, especially the victory garden lots. He expressed concern about the fact that detached ADUs would be infringing on the privacy of surrounding neighbors. He stated that the rural quality is appreciated by the neighborhood and detached ADUs will change that. He spoke to the enforcement issues that have been realized related to illegal ADUs. Dick Conoboy suggested that a discussion occur regarding property owners choosing to live in the ADU and renting the larger home and how that could impact density. He pointed out that the "complaint- driven" enforcement style puts the community in a tough position, since not only do they have to complain about their neighbor, the form that must be filled out indicates there is the possibility that the complainant might need to appear in court. Doug Allen pointed out the importance of retaining both the owner-occupied requirement and the parking requirements in the ADU Ordinance. He stated that he does not believe that additional grand- fathering of illegal units should occur. He also stated that all the ADUs in the city should be registered (legal and illegal) so that there is knowledge of where they are located. He expressed concern with the lack of enforcement and pointed out that if the city cannot enforce compliance, the ordinance is useless. Louise Bjornson expressed concern about the quality of life in the neighborhoods. She commented on the victory gardens in the Birchwood Neighborhood and how allowing detached ADUs would change the character in that neighborhood. She commented on why detached ADUs should not be allowed in single-family zones and spoke to the benefits and impacts of attached ADUs. Jack Weiss, Bellingham City Council Member commented on the enforcement issue and the steps that the City is taking to improve this. He invited the Planning Commission to meet with the City Council Planning Committee. Mona Leischner commented on the permitting process to develop an ADU legally is extremely difficult. She described her personal experience and expressed the frustration she has dealt with when trying to do the right thing and being denied; although there is nothing in the code to back up that decision. She suggested that accessorydwellings.org be reviewed. Final Copy - 3 COMMISSION QUESTIONS / DISCUSSION Phyllis McKee cautioned that discrimination should be considered when "being particular" as to who a renter will be. Tom Grinstad stated that enforcement is a real issue in the city and expressed interest in what the final enforcement would be for a unit that is found to be illegal. Garrett O'Brien stated that the public comments have been very informative. Steve Crooks expressed his appreciation for the public comments. He emphasized the importance of determining the number of illegal units that currently exist in the city. He stated that the ADU ordinance should not be updated, until the problem is identified. Cerise Noah noted her appreciation for both the written and spoken comments. She stated that smart planning should be considered, because it will be impactful. She commented on the obstacles that permitting could cause for those that want to develop an ADU legally. Jeff Brown stated that the first discussion that needs to occur, prior to the update to the ordinance, is to determine the number of ADUs that currently exists and what enforcement will occur on those that have been illegally developed. He expressed his concern about the possibility of eviction that could happen for those units that cannot pass the Rental Registration checklist and wanted to know what the plan is for how evictions will be determined and what happens to the landlords that are not in compliance. He encouraged that staff reach out to the renters in the community. Ali Taysi stated that he believes both discussions regarding enforcement and the number of units occur at the same time. He would like to see the ordinance contain enforcement procedures, address how illegal ADUs will be handled and how to apply for an ADU in the future. There was a discussion about when a good time to meet with the City Council Planning Committee would be. The general consensus was sooner, rather than later. Staff will work with calendars to determine a date / time. Phyllis McKee questioned the number of landlords that depend on the income from the rental to pay their mortgage and if that is taken away, would they lose their main home as well. OLD / NEW BUSINESS: ADJOURNED: 8:42 p.m. NEXT MEETING: March 19, 2015 Minutes prepared by: _____________________________ Heather Aven, Recording Secretary Minutes edited by Planning Commission members and various Planning Staff. Final Copy - 4