Planning Commission

RECORD OF PROCEEDINGS OF THE PLANNING COMMISSION CITY OF BELLINGHAM, WASHINGTON THURSDAY PUBLIC HEARING 7:00 P.M. November 19, 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 and Steve Crooks Present: Ali Taysi, Garrett O’Brien, Tom Grinstad, Jeff Brown, Phyllis McKee and Steve Crooks Absent: Staff Present: Greg Aucutt, Assistant Planning Director; Chris Koch; Planner II; and Heather Aven, Recording Secretary. APPROVAL OF MINUTES Minutes from October 8, 2015 and October 15, 2015 were approved by general consensus. 15 MINUTE PUBLIC COMMENT PERIOD Brynn Hershfeld, Cutting Board team member spoke to the Commission about an idea that this group has about a culinary incubator idea they have. She explained it would involve a certified kitchen surrounded by garden where workshops would be offered and where chefs could present their food. She also pointed out that this could be a place where community potlucks were held. WORK SESSION For the purpose of discussing opportunities and issues associated with the update to the accessory dwelling unit ordinance. STAFF PRESENTATION Greg Aucutt stated that, as this time staff does not have any proposed changes to the Accessory Dwelling Unit Ordinance. He explained they are continuing to listen and gather feedback from the community and the City's Boards and Commissions. The group reviewed a matrix which expressed both opportunities and concerns compiled during the focus group meetings. Commission Comments: There was a discussion on the existing enforcement process for illegal ADUs, as well as how the Rental Registration Program will have an impact on this ongoing issue. PUBLIC COMMENT Dave Steffan expressed his support for the allowance of detached ADUs. He explained how this change to the ordinance would be beneficial to his family and parents. Shannon Maris shared some of the requests that she hears from her clients related to detached ADUs. She stated that the existing rules / regulations do not really allow for planning for the future. She expressed the necessity for adequate public participation and listed a few ways to get information to the community. She noted that the existing lot size restriction and the requirement of "owner-occupied" be maintained. She also pointed out any rental can be an issue, not just ADUs and detached ADUs. Draft Copy - 1 Lisa Anderson, York Neighborhood Association referenced the letter they submitted and added that the neighborhood is not against attached ADUs. She stated that they are requesting the process be slowed down so that the results of the rental registration data can be analyzed and the number of existing units can be determined. She pointed out that this would assist in realistic dispersion. She noted the lack of existing enforcement and stated that before moving forward on amendments to the ordinance, some of these issues need to be addressed. Eric Scott commented on the decreasing amount of land available for development, which in his opinion, has caused development to instead occur in the "working class neighborhoods". He stated that ADUs can detract from neighborhood and devalue a neighbor's home. He pointed out that ADUs are used for financial investment and the identified environmental benefits of infill are not true, as it does not really prevent sprawl. He stated that if an illegal ADU is identified, the property owners should be required to pay the tenant's relocation costs. He noted that with new units will come additional people and cars. Mono Lichshnire spoke to the fact that aging with dignity and well-being is imperative and to allow for independent living as long as possible is important any individual. She suggested that the issue of parking should be evaluated on an individual parcel basis, as not every unit will require the additional parking. Lee First stated that infill which provides a walkable, bike able and car free option for some citizens is a logical way to save energy, decrease traffic and safe farmlands and working forests from development. She pointed out that if this approach is not taken, there will continue to be more traffic, more stormwater pollution and more air / water pollution. She stated that she is in favor of detached ADUs, and would like to see the new ordinance provide more flexibility and the removal of the maximum number of allowed units per neighborhood. Ryan Peterson stated that he is interested in the provision of affordable housing and allowance of the opportunity to age in place. He read the written comment submitted to the record. Nancy Davis stated that there have been issues with enforcement related to ADUs in her neighborhood. She noted that the number of units has caused congestion and parking issues. She suggested that the information being gathered should be analyzed prior to any changes made to the ordinance. She cautioned against Detached ADUs given the increased environmental issues that could be realized. Harry A. expressed concern about compounding the existing issues by adding more legislature. He pointed out that not all units are provided with adequate parking and stated that although it might have financial benefits to the owner, adjacent neighbors often "pay" for it. Louise Bjornson stated that Detached ADUs have a large impact on adjacent neighbors through loss of green space, light and parking. She noted that unfairness of changing the rules of a single-family neighborhood for those people that chose their home based on the zoning designation. She pointed out that the newer neighborhoods have covenants to protect against detached ADUs, so additional units would not be happening in those communities. She stated that development of detached ADUs should occur in multi-family zones, not single-family. David Cunningham commented on the fact that detached ADUs change the character of the neighborhood significantly. He stated that enforcement is an issue in this City and pointed out the importance of knowing exactly how many units are in each neighborhood. Draft Copy - 2 Tom Scott noted that according to the map provided by staff, there are 3 accepted ADUs in the York Neighborhood. He commented on the additional number of ADUs that are not listed on the map and shared some of the parking issues experienced in several of the alleys. Dan Welch expressed his support for detached ADUs which would provide designers and architects more flexibility to stay "in neighborhood character". He noted that every illegal ADU will not be found regardless of the process. He requested that more flexibility be provided in the updates to the ordinance. Lynn Barton explained a troubling situation that is occurring right next to her home. She noted that the impacts to adjoining neighbors should be considered. Dick Conoboy stated that until the City know how many ADUs are in the community, there will be no way to tell what the actual density is. He spoke to the noise, parking and litter enforcement issues of the City. He pointed out that there has been no data supplied to indicate that the ADUs would be "affordable". PLANNING COMMISSION QUESTIONS / COMMENTS The Commission would like to see the following considered when updating the ADU Ordinance:  Impacts to surrounding properties.  A design review process to help ensure neighborhood character and impacts on adjacent properties are mitigated. o Staff reviewed the current design standard process required for all ADUs.  Keep the development costs affordable so that the units can, in turn, be more affordable.  Establish standards to provide predictability for all parties involved.  Allow detached ADUs in single-family neighborhoods.  Alley access is important.  Removing the owner-occupied requirement in the multi-family zoned areas.  Requiring accredited architect when designing ADU.  Owner-occupancy requirement for single-family neighborhoods is critical. There was a conversation about whether the rental registration program will really collect data related to ALL of the illegal ADUs in the city and what the enforcement plan might look like. There was a suggestion to impose a fee upon ADUs that would go to an enforcement fund to begin addressing the illegal units. GENERAL BUSINESS NEXT MEETING ADJOURNED: 9:00 p.m. Minutes prepared by: _____________________________ Heather Aven, Recording Secretary Minutes edited by Planning Commission members and various Planning Staff. Draft Copy - 3