Planning Commission

RECORD OF PROCEEDINGS OF THE PLANNING COMMISSION CITY OF BELLINGHAM, WASHINGTON THURSDAY WORK SESSION 7:00 P.M. April 21, 2016 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 Lisa Anderson Present: Ali Taysi, Garrett O'Brien, Tom Grinstad, Jeff Brown, Phyllis McKee, and Lisa Anderson Absent: Steve Crooks Staff Present: Greg Aucutt, Assistant Planning Director; Lisa Pool, Senior Planner; Chris Koch, Planner; and Heather Aven, Recording Secretary. APPROVAL OF MINUTES None to approve. 15 MINUTE PUBLIC COMMENT PERIOD No testimony given. WORK SESSION Review the updated draft Bellingham Comprehensive Plan. PLANNING COMMISSION QUESTIONS / COMMENTS: The Commission continued their discussion on the comment tracker which summarized their comments:  #36 and #64: There was a discussion about the removal of "within ¼ mile of". It was pointed out that, if left in, the result could be the loss of single-family homes in some of the more affordable neighborhoods. The appropriateness of higher density along the WTA GO lines was also discussed, especially if infill in the single-family zones continues to be a challenge. There was general consensus to accept the change suggested in comment #36 and apply it to Policy T-3.  #73: There was a discussion about the importance of knowing what, if anything, is being accomplished by what the city is encouraging / requiring to be done. An example related to LEED was shared. There was support for exploring the effectiveness of city directives. MOTION: Taysi/O'Brien moved to include the proposed language "Explore the effectiveness of these tools in achieving sustainable development practices" to the existing policy related to LEED (Policy LU-68). VOTE: Motion Passes 6-0  #74 and #75: It was stated that the single-family/multi-family split should be monitored to assess impacts on housing affordability. Final Copy - 1  o There was support expressed for leaving the language broad, to ensure the scope of monitoring is not limited to just the single-family/multi-family split. o There was a discussion on the City's housing issues. It was pointed out that housing affordability and choices are separate issues. o Support was expressed for policy language to be included in the plan related to this topic. It was pointed out that sprawl, across Whatcom County, could be realized if the housing choices being provided are not what the community wants. o It was suggested that this language be added to Policy H-22: "…including housing demand by housing type across all income levels…".  Staff clarified that housing affordability is monitored through the Consolidated Plan and the annual Action Plan. o Comment #75 was withdrawn, as the concerns were expressed on record, but there wasn't broad support from the Commission for focusing the housing affordability issue/monitoring of affordability on the single-family/multi-family split and land supply. o It was pointed out that most of the public comment is received from a certain demographic / homeowners, and not from the renters and citizens priced out of the housing market. It was suggested that all voices in the community should be considered, both heard and unheard.  #30 and #35: There was a discussion about including a description of the Mount Baker Theatre as a stand-alone section in the Capital Facilities and Utilities Chapter. There was a brief discussion on the language submitted by Commissioner McKee. Staff stated that, although the theatre is not operated by the City, a short statement could be included in the Comprehensive Plan. There was general consensus from the Commission to support that. The Commission also discussed some of the public comments that were provided to the Commission and placed on the Public Comment Tracker. Staff said that the public's concerns were largely reflected in the Commission's suggestions and Commission comment tracker. One comment that had not been addressed on the Commission's tracker is as follows:  Public Comment #88: Staff pointed out that a suggestion was made by Jeff Kochman of Barkley Village to add a new policy, "Consider allowing flexibility in urban village zoning where housing goals can be met within an area most suited for such use due to topography, lesser traffic, reduced noise, view opportunities and other characteristics conducive to housing". There was concern expressed that it would undo some of the work in other urban villages and it was unclear why this would be needed. It was pointed out that Barkley Village is owned by a single entity, and support was expressed for language to be included that was specific to them, but not for urban villages in general. There was general consensus to not include the proposed language. The Commission discussed Exhibit A, draft Findings of Fact:  #19 and #20 (T-11 & T-12): It was pointed out that since there is already a rule in place regarding when sidewalks and bike lanes are required, using "encourage" instead of "require" is not practical. A discussion was held about the section of the policy that calls out "all new development", and what is really meant by that statement. It was suggested that "applicable development" replace any reference to "all new development", given the fact that there are already rules in place to govern which developments are subject to the regulations. Final Copy - 2  MOTION: O'Brien / Brown moved to modify policies T11 and T12 to add to the beginning of each "Where applicable...". VOTE: MOTION PASSES 5-1 (GRINSTAD OPPOSED) There was a discussion about inclusionary zoning. Staff stated that a full public process and feasibility study would need to be conducted prior to implementing any policies regarding inclusionary zoning. By including it in the list of tools that could be used to achieve housing affordability, the opportunity for further consideration exists. Staff recommends leaving inclusionary zoning in the Comprehensive Plan as a potential housing affordability tool to explore in the future. There was concern expressed about the staff note in the Planning Commission's Findings. There was concern expressed about how Planning Commission discussion gets presented to City Council. Staff stated that a brief summary on the few issues where there is disagreement would be forwarded to the Council providing key points from the discussion. MOTION: O'Brien /Taysi moved that the comment be changed to "Staff recommends leaving as originally written". Staff explained that the purpose of the notes was to explain those few topics on which the Commission and staff disagree. The notes will be modified and simplified prior to forwarding to City Council. MOTION WITHDRAWN. There was a discussion about the "inventorying" of ADUs and how that data can and cannot be collected. Additional discussion occurred around what "inventory" meant. It was suggested that staff contact neighborhood representatives for an estimate of units and consider assigning ADU status to double meters. Caution was advised in putting the responsibility on neighborhoods, as some neighborhoods have more resources than others. There was general consensus that baseline basic information should be developed to inform the development of the updated ADU ordinance. Staff stated that some illegal units have been and will continue to be identified through the rental registration program. It would be very difficult for the City to identify illegal units without going through proper channels, such as the rental registration and inspection program. Additionally, an inventory of legal ADUs currently does exist. MOTION: O'Brien / McKee moved to remove "all" from the first bullet and remove "attached and" from second bullet point under policy H-7.  FRIENDLY AMENDMENT: McKee / O'Brien moved to substitute the word "inventory" with the word "estimating" in the first bullet. There was discussion about the importance of knowing where the units exist, so that dispersion and compliance processes can be identified during the ordinance update. There was also a discussion about the different ways that Commissioners think this inventorying should occur. MOTION WITHDRAWN. VOTE: MOTION PASSES 6-0 Final Copy - 3 There was general consensus for a separate policy to be included in the plan containing the first portion of the original policy statement related to attached ADUs, as these are currently permitted in both single- family and multi-family zones, and that isn't anticipated to change. MOTION: O'Brien / McKee moved to accept the Findings of Fact, Conclusions and Recommendations as amended by the Planning Commission discussion on Exhibit A and forward a recommendation of approval to the City Council. The criteria that the Planning Commission needs to make its recommendation was included in the Findings of Fact and other staff documents, and it was acknowledged that this criteria was discussed throughout the work sessions and public hearings leading up to tonight's decision. VOTE: ALL AYES 6-0 GENERAL BUSINESS NEXT MEETING - May 19th: Two public hearings: 1) Consider a rezone request from Lydia Place. 2) Consider the WWU IMP in a quasi-judicial session. ADJOURNED: 9:30 p.m. Minutes prepared by: _____________________________ Heather Aven, Recording Secretary Minutes edited by Planning Commission members and various Planning Staff. Final Copy - 4