Planning Commission

RECORD OF PROCEEDINGS OF THE PLANNING COMMISSION CITY OF BELLINGHAM, WASHINGTON THURSDAY PUBLIC MEETING 7:00 P.M. April 16, 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 and Phyllis McKee, Absent: Steve Crooks and Cerise Noah Staff Present: Kurt Nabbefeld, Senior Planner; Kathy Bell, Planner II; and Heather Aven, Recording Secretary. APPROVAL OF MINUTES - March 19th and March 26th were submitted for approval. MOTION: Phyllis McKee / Garrett O'Brien moved to approve the minutes as written. VOTE: ALL AYES (Motion Passes 7-0) 15 MINUTE PUBLIC COMMENT PERIOD Jeff Kochman commented on the upcoming work the Commission will be doing on the Comprehensive Plan. He noted that Barkley Company will be sending a letter for the Commission's review related to some changes that they would appreciate the Commission consider during the process. Brian Jones noted the Whatcom County EIS on the draft Comprehensive Plan amendments has been out. He pointed out some of the conflicts between this document and the alternatives being discussed related to Urban Growth Area boundary expansion. Linda Twitchell wanted to suggest that there not be City Planning Commission and County Planning Commission meetings on the same night. PUBLIC MEETING Continued discussion of the update to the Subdivision Ordinance, Title 18 of the Bellingham Municipal Code. STAFF PRESENTATION Kathy Bell summarized the meetings that have occurred to date with a modified technical group and the Planning Commission's Subdivision Committee. She reviewed the documents presented to both of these groups and emphasized that the list is not all inclusive as there may be additional ideas that come forward through further discussion. Final Copy - 1 Process Flow Chart Discussion: There was a discussion about the timeline and what has / has not been done so far. Staff explained what kinds of things might come before the subcommittee at those future meetings. There was general consensus that the draft process flow chart was a good way to proceed. PUBLIC COMMENTS Eric Scott, Birchwood Neighborhood stated that upon reading through the key issues there are many things that, in his opinion, are detrimental to the people of Bellingham. He commented on the fact that environmental groups should be a group that is heard from as well. He noted that open space in the neighborhoods are important and do help to establish character. He stated that development on vacant land is a detriment to the existing neighborhood. He expressed concern about how the Director might determine when to deviate from the standards, and how it might affect the neighborhood when it is done. Key Issues Discussion: Kathy Bell explained that the Subdivision Ordinance establishes how development occurs, it does not dictate zoning nor does it dictate density; although through this process, an increase in the built density could be realized. She reviewed the Key Issues Table and explained that the following issues have been identified as issues that would benefit from further analysis for possible inclusion in the ordinance. GROUP A  Lot standards - Kathy Bell explained they are currently defined by the zoning of the property. She pointed out how this regulation prevents some lots from having the ability to develop additional homes, even though there is adequate space to do so. She provided examples of how other jurisdictions use this standard. o Staff was asked to provide examples of where lot standards has worked and not worked in the City. o There was a discussion about how to balance new development with an established neighborhood character and any critical areas that might be present.  Public v. Private Infrastructure: Kathy Bell commented on the amount of infrastructure the City is responsible for, and noted that if more infrastructure was private it might allow for more creativity and flexibility. o Ali Taysi shared a discussion that occurred at the subcommittee meeting regarding how this could impact the width of a street and the amount of land that could be saved if it were allowed to be private.  Pipe-Stem Lots: Kathy Bell explained that this occurs when one lot sits behind another with a very long projection that provides access to the public right-of-way. She shared some of the existing issues with this requirement.  Preliminary Plat Amendments: Kathy Bell explained the process that property owners currently follow. She stated that the analysis would help staff establish criteria that may allow for changes to occur and still be acceptable.  Site Analysis: Kathy Bell explained that staff is trying to avoid a finished design coming before staff at a pre-application meeting and then sending them back to start over. She pointed out that this could be a way to help the property owners know which parts of their land is developable. Final Copy - 2   Administrative Departures: Kathy Bell stated that currently sometimes property owners are faced with choosing between developing something that they do not exactly want, and taking a risk with the variance process. She provided some examples that have occurred where the creativity and flexibility of the proposed development could be accomplished if there was the opportunity for administrative departures. o There was some discussion about making sure that the appeal process still remains a possibility and the need for a public notice / review if this was initiated.  Subdivision Phasing: Kathy Bell explained that the State's subdivision regulations do not provide a lot of direction on how to phase subdivisions. She spoke to some of the existing issues that come along with how phasing is currently handled and pointed out the value of additional analysis. Jeff Brown commented that there is a fair amount of land that is appropriate for development that has not yet been developed to date. He wanted to know if there are other barriers that have caused the land to be in our land supply, but not developed. Kurt Nabbefeld responded that "all of the easy land has been developed". He pointed out that the remaining land contains critical areas, slopes, etc… Kathy Bell added that as staff moves through the process on a daily basis they are finding that two types of development are occurring in Bellingham - infill and green-field. GROUP B Kathy Bell stated that staff has identified the following issues as definitely needing to have additional analysis done to determine if any changes are necessary.  Short Plat Time Limitations  Final Mylars  Legal Lot  Decision Criteria  Lot Averaging  Cluster Subdivisions  Performance-based Standards  Plat Alterations and Vacations  Final Plat  Code Redundancies  Nonconforming Uses  Single-family Condominium Subdivisions  Lot Line Adjustments There was general consensus that all of the identified key issues in both Group A and Group B should be included in the future conversations. COMMISSION QUESTIONS / DISCUSSION Garrett O'Brien expressed his appreciation for the work being done by the staff to improve the subdivision process. Final Copy - 3 Tom Grinstad also expressed his support for removing some of the code redundancies. ADDITIONAL PUBLIC COMMENTS Eric Scott stated that mature neighborhoods should not have to accept more development. He commented on neighborhood character and that it is the defining element of a neighborhood and should not be overlooked. He expressed concern about the City having ownership of an easement and spoke his opposition to variance flexibility. He stated land should not be looked at as a supply and instead it should be maintained. He noted that Bellingham is "not other municipalities". Brian Jones expressed concern about mandatory widths related to utility easements and commented on how cumbersome they can be. MOTION: Garrett O'Brien moved to approve exhibits C and D and to direct staff to continue to work with subcommittee. VOTE: ALL AYES OLD / NEW BUSINESS NEXT MEETING: April 23, 2015 - Joint meeting with City Council Planning Committee to discuss key issues relevant to the development of a UGA recommendation. ADJOURNED: 9:20 p.m. Minutes prepared by: _____________________________ Heather Aven, Recording Secretary Minutes edited by Planning Commission members and various Planning Staff. Final Copy - 4