Planning Commission

RECORD OF PROCEEDINGS OF THE PLANNING COMMISSION CITY OF BELLINGHAM, WASHINGTON THURSDAY PUBLIC MEETING / HEARING 7:00 P.M. March 26, 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: Ali Taysi, Garrett O’Brien, Tom Grinstad, Jeff Brown, Phyllis McKee, Steve Crooks and Cerise Noah Absent: Staff Present: Kurt Nabbefeld, Senior Planner; Steve Sundin, Planner II; Chris Comeau, Transportation Planner; and Heather Aven, Recording Secretary. APPROVAL OF MINUTES - February 19 and March 5 were submitted for approval. MOTION: Phyllis McKee / Garrett O'Brien moved to approve the minutes as amended. VOTE: ALL AYES (Motion Passes 7-0) 15 MINUTE PUBLIC COMMENT PERIOD Rob Janicki spoke to his project, which will be located just north of where the new Costco will be located. He explained that the proposed project is eligible for the infill toolkit application; however, to date his application has not been submitted due to the constraints of the code. He spoke to the some of the specifics of the project. Carrie Veldman spoke to the project that is being proposed. She explained that she is requesting support from different boards, and stated that they are searching for innovative ways to get the proposal approved. Ali Taysi asked the Commissioners three questions to determine if any ex-parte communication has occurred, or if any personal / financial interest in the proposed application exists. PUBLIC MEETING Development of four commercial buildings on a 6.2-acre site on 1240 W Bakerview Rd. The project includes: demolition of three existing single-family homes, import of nearly 40,000 cubic yards to establish site grades, direct impacts to 4 category III wetlands, onsite parking, stormwater management and landscaping, extension of public utilities into the site and dedication of property for street improvements to W Bakerview Rd. and future Arctic Ave. Wetland mitigation at the Lummi Nation Mitigation Bank is proposed. Final Copy - 1  STAFF PRESENTATION Steve Sundin explained that the reason this project has come before the Commission is because the prior chair requested it. He discussed some of the concerns that were brought up at the Pre-Application neighborhood meeting, as well as the public comments that were submitted - traffic and buffering for the residential development to the north of the site. He explained that the project has already received a temporary certificate of transportation concurrency - which means there is adequate capacity in the vicinity to handle the additional traffic that will be realized by this development. He noted the traffic impact study that was done (included in Exhibit C - SEPA DNS) identifies several measures that will be part of the proposal. He stated that the project will contribute to future improvements in the area, in addition to the required street improvements. Steve Sundin stated there is a requirement to provide joint access, at the southeast corner, with the abutting property. He explained how the buffering from the existing single-family homes is proposed, as well as the additional measures staff has requested of the applicant. He stated that staff feels the proposal, for the most part, meets all other requirements. APPLICANT PRESENTATION David Segal, Mead & Hunt stated that he has seen the proposed changes that staff has requested and feels that they can be accommodated. He explained how the proposal meets the different criteria listed in the Meridian Neighborhood Plan for Area 4. He spoke to the connections that will occur from the site to surrounding businesses. He noted that they have provided for more landscaping than what is required. He explained how the four structures will be developed around that pedestrian open space. He provided images to illustrate the design. There was a brief conversation about how the northern buffer will be expanded to 20 feet; as well as, the driveway and the reconfiguration that will need to occur to comply with the shared driveway requirement. PUBLIC COMMENTS None given. COMMISSION QUESTIONS / DISCUSSION Garrett O'Brien wanted more information about the Critical Areas and how that works with the Lummi Nation Mitigation Bank. Steve Sundin explained that all the mitigation for wetlands will be done off-site. He pointed out that the applicants are actually providing for more mitigation than they are required to. Steve Crooks wanted to know if the signalization for traffic in the west-bound turn lane (onto Artic) has been determined. He also expressed concern about the length of the lane and that cars would back up onto Bakerview, restricting traffic. Chris Comeau responded that the 240' long lane will be signalized. He noted that significant upgrades to that intersection is being done with additional left-hand turn lanes will be added. He noted the average traffic condition based on the studies, show that this will work. Signage Discussion: There was concern expressed over the types of signage that is occurring in other parts of the Meridian Neighborhood, and how the A-boards, flags, inflatable characters, battery-operated / human motion of signs should be prohibited on this site. Staff explained what is currently allowed / not allowed by the Final Copy - 2 code and stated that the Commission could make a recommendation on signage for the Director's consideration if they so choose. There was concern about placing additional restrictions on a single site. Staff indicated that there have been instances where additional restrictions have been placed on projects, and suggested the Commission recommend that "additional signage on the site is not allowed beyond what is written in the code". MOTION: Steve Crooks / Cerise Noah moved to include additional signage restrictions to the Meridian Design Standards which would prohibit A-frames, flags / banners, electrical or wind motion signs, inflatable characters and human beings waving signs across the entire site. Phyllis McKee expressed concern about restricting a single development. Jeff Brown not in favor of the restriction applying to entire site, suggested that a limit be set. AMENDMENT: Ali Taysi / Garrett O'Brien moved to amend the motion to include language that states "signage beyond what is allowed by code is prohibited". Ali Taysi explained that this would allow for enforcement to not only occur on the code; it would also be part of the Planned Permit. VOTE: ALL AYES (Motion Passes 7-0) MAIN MOTION SUPERSEDED. There was a brief discussion about the cumulative impacts in this area, in regards to both traffic and the environment. Staff explained some of the changes that have occurred over the years and those changes that are being proposed for the future. Retaining Wall Discussion: There was a discussion about the current height of the retaining wall proposed near the northern property line, as well as how high it will be after being moved 10 feet to the south. The applicant responded that it is currently 5' - 6' high, and he stated that it will be lower than that after it is moved. Staff explained how the buffer requirements work with a Planned Contract. MOTION: Garrett O'Brien / Jeff Brown moved to support the staff recommendation of requiring the retaining wall be moved an additional 10' to the south, allowing for a 20' setback. VOTE: ALL AYES (Motion Passes 7-0) Driveway Joint Access Discussion: There was a discussion about how the joint-access driveway requirement works. Staff referenced the W Bakerview Access Ordinance which spells out the locations of the driveway along Bakerview, as well as how a joint curb-cut and driveway should be accomplished. The applicant clarified that adhering to this requirement would not require off-site easements, as they are willing to develop the entire driveway on their property and provide an easement to the adjacent property owner at which time they wish to begin development on their land. Staff explained how moving the development to the west would accomplish this requirement. There was a suggestion that the applicant grant the easement at time of permitting to prevent new owners from changing their mind. Final Copy - 3 Steve Sundin stated that a purpose and intent statement could be added to the section that pertains to the driveways, curb cuts and W Bakerview Access Ordinance, to indicate that site plan changes were done in an effort to meet the intent of the ordinance. MOTION: Garrett O'Brien / Tom Grinstad moved to support the staff's recommendation to revise the site design to meet the joint-access requirement. VOTE: ALL AYES (Motion Passes 7-0) Ali Taysi referenced the 12 criteria in the staff report that staff responded to, including the specific conditions that staff has proposed and asked for any further discussion on those items. MOTION: Jeff Brown moved to support all of the staff recommendations, incorporating the three preceding motions. VOTE: ALL AYES (Motion Passes 7-0) OLD / NEW BUSINESS Kurt Nabbefeld reported on the Subdivision Sub-Committee meeting that occurred on February 26th. He stated that there was agreement on the over-arching issues and process goals. He also announced that staff met with the technical advisory group last week and reviewed the main issues and topics for discussion as well. There was a conversation about the joint meeting that will occur with the Planning Commission and the City Council Planning Committee. NEXT MEETING: April 9, 2015 - Nothing on the agenda. April 16, 2015 - Tentative work session on subdivision ordinance. ADJOURNED: 8:55 p.m. Minutes prepared by: _____________________________ Heather Aven, Recording Secretary Minutes edited by Planning Commission members and various Planning Staff. Final Copy - 4