Planning Commission

RECORD OF PROCEEDINGS OF THE PLANNING COMMISSION CITY OF BELLINGHAM, WASHINGTON THURSDAY PUBLIC HEARING 7:00 P.M. May 19, 2016 CITY COUNCIL CHAMBERS 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, Steve Crooks, Phyllis McKee, and Lisa Anderson Absent: Staff Present: Kurt Nabbefeld, Development Services Manager; Chris Koch, Planner; and Heather Aven, Recording Secretary. APPROVAL OF MINUTES There was general consensus to approve the minutes from April 7th, 14th and 21st. 15 MINUTE PUBLIC COMMENT PERIOD No testimony given. PUBLIC HEARING (1) Consideration of a comprehensive plan amendment & rezone request from Lydia Place, a transitional housing facility for homeless women & children. Proposal is for a new 8-11 studio apartment building at 1701 Gladstone, Area 6 Puget Neighborhood. APPLICANT PRESENTATION: Emily O'Connor, Lydia Place Executive Director presented information on the programs this agency provides to the community. She shared some stories of different ways Lydia Place has assisted homeless women and children in Bellingham. She also explained the reasons that the rezone is being requested and pointed out that this expansion would provide the critical support needed by the population they would be serving. She spoke to all of the things that they have done to prepare for future development on their property. STAFF PRESENTATION: Kurt Nabbefeld explained the changes to the neighborhood plan and the zoning table special regulations that would occur if the site-specific rezone were to be approved. He stated that the existing zoning allows for this use, up to 32 occupants, and the rezone would allow for an additional 8-11 units to be developed in a new building. He pointed out any new development would be subject to multi-family design review and all current development regulations, including the Critical Areas Ordinance. He noted that the site is adequately served by public infrastructure and is close to essential services. He stated that this rezone would allow for an established use to continue and grow and achieves one of the main comprehensive plan goals of "efficient use of the remaining land". Final Copy - 1 Kurt Nabbefeld stated that comments, both pro and con, were received. He pointed out that Lydia Place has expressed a willingness to work with the community to address their concerns. He noted that this agency offers needed and essential services to a very vulnerable population. He stated that staff believes the proposal meets the rezone criteria and supports the rezone request. PUBLIC COMMENT: Jeff Jacobi stated that the neighbors are not fighting against putting something new in their backyard, but instead what environmental effects additional development could produce. He spoke to the development that is occurring up the hill and expressed concern about where stormwater will go, if additional impervious surfaces are added at the bottom of the hill. He also expressed concern about the neighborhood character and how that would change if the greenbelt was removed. He pointed out that if the "cap" of 32 people were removed, there would be nothing preventing more and more houses from being developed on the site. Janice Marlega noted that the agency sits at the entrance of a single-family neighborhood. She expressed her appreciation for the services provided by Lydia Place, and shared her concern about the size of the expansion. She stated that the half of the land that is not developed, is forested wetlands and should be retained as such. She commented on the inconsistencies in the proposal and pointed out that if the community does not know what is being proposed, comments cannot really be made. She expressed concern for the deletion of the zoning table special regulation, regarding a "cap" on the number of total occupants per square foot of land, and how that might affect the community's ability to comment on future development. She questioned how parking will be addressed and wanted to know when the opportunity for comment will be provided to the neighbors. She expressed concern about how the site is currently monitored, and wanted to know if there would be 24-hour supervision once expanded. Tami Thiele stated that recently there have been an increased number of cars parked out front and she expressed concern over the more frequent visit by males connected to the residents. She stated that people are sleeping in the greenbelt and questioned whether more units would elevate these concerns. Steve Thiele shared the concerns of the previous speaker and pointed out that men are sleeping in the cars parked across from their home for extended periods of time. He also pointed out that although there was recently an expansion to the Lydia Place parking lot, there still seems to be congestion and parking on the streets. He expressed concern about stormwater and the oil seeping right into the streams. Steve James commented on the services that Lydia Place provides to the community is just the right thing to do, in this time and in this place. End of Public Comment Kurt Nabbefeld responded to public comment. He spoke to the increased number of homeless citizens and pointed out that the proposal would help provide more permanent options. He spoke to the reason that the "cap" was removed, and explained that this would provide flexibility when assisting women with multiple children. He addressed comments related to the developed / undeveloped portions of the site and reiterated that there will be additional opportunity for comment during the design review process. Emily O'Connor stated that the families come to Lydia Place with significant barriers in front of them. She pointed out that they share the home with 7 other families and acknowledged that challenges will sometime arise. She explained the consequences that occur when a family breaks rules and expressed her appreciation for the neighbors input since they are not staffed 24 hours / day. She validated the Final Copy - 2 concerns and reminded the community that the same things they are concerned about happen throughout the city, it is not specific to just this vulnerable population. PLANNING COMMISSION QUESTIONS / COMMENTS: There was a discussion about funding and it was explained that Lydia Place is not allowed to request funding for the proposed development until the rezone is approved. Staff provided additional information on the current funding that Lydia Place receives from the City and what that money can and cannot be used for. There was a discussion about the reasons a rezone was applied for versus a conditional use permit. Staff explained that a conditional use permit may not provide all the necessary flexibility, and the rezone process would allow for a higher level of review and more opportunities for public input. It was suggested that the rights of the single-family neighborhood have been ignored. Commissioner Crooks questioned how this rezone would not impact the general health, welfare and safety of the community. Staff acknowledged that any development has an impact on the community. Staff also noted the location is somewhat secluded given that two sides of the site do not have any development. It was pointed out that this use has been occurring on the site for years and one of the strategies for population growth in the community is efficient use of land, which this proposal achieves. There was a discussion about what would be considered during the multi-family review process versus a conditional use process. Staff indicated that things such as building design, site design, lighting, parking, landscaping, buffers and off-site impacts are all considered during the multi-family process. Commissioner Brown noted that during a conditional use process, some conditions could be placed on the operations of the site and facility. Staff explained that currently, the use is permitted and Lydia Place is allowed to have up to 32 people on site. Staff pointed out that a conditional use permit would not prevent people from parking on the street, and reminded the Commission that development of single- family homes on the site is permitted outright. The Commission shared the concern of the neighbors regarding the management of the facility once expanded. Commissioner Anderson suggested that placing a "cap" on the adult residents, not the total number of residents, be considered in an effort to address the community's concern of future development. She also suggested that Lydia Place provide additional management supervision during the overnight and weekend hours, at which point additional residents are added to the site. She requested that additional insulation and other mitigation methods be considered to help reduce the impacts from noise for the neighbors. A brief discussion was held about how the community can contact Lydia Place and how concerns are addressed when they come in from neighbors adjacent from the site. There was a discussion about the expansion of the parking lot and it was asked if further expansion of it would need to be done if additional units were developed. Staff stated that the parking lot was expanded to handle the additional capacity. Commissioner Grinstad pointed out that the rezone could potentially double the negative impacts to the neighbors and encouraged the agency consider 24-hour management of the site, when additional units are developed. Emily O'Conner explained the entry process for all new residents, the code of conduct that residents are required to sign; as well as, the reasons that residents would be asked to leave. She pointed out that, as a rule, guests are not allowed onsite unless staff is present. Commissioner Taysi asked some questions related to the agency's budget and staff hours. Final Copy - 3 Commissioner McKee wanted to know if the program is successful and the residents become productive citizens. Emily replied that there are many success stories about how the program provided by Lydia Place has changed the lives of the women and children that were served. A conversation occurred about the reasons that additional services are needed today versus in the past. There was a discussion about what Lydia Place would consider doing differently if the rezone is approved and additional units are developed. Emily O'Conner stated that the level of staff coverage would be one of the items that would need to be reviewed, given the additional needs that could be realized with more residents and units. Commission O'Brien stated that although he supports the rezone request, he would like to see the inclusion of an operational master plan be required. He suggested that it be placed on title so that it will be binding in perpetuity. Commissioner Taysi wanted to know if conditions could be set on the operation of an agency through design review. Staff noted that it is unlikely that the city could impose regulations on the agency's operations through that process. Ali shared his experience related to another project that went before the Hearing Examiner via the conditional use process, where conditions were placed upon it that mitigated the community's concerns. The Commission suggested some ways the agency could provide the 24-hour or overnight monitoring:  Rather than provide 11 units, only serve 9 units and use the resources that would have been spent on the other two units to pay for 24-hour on-site management.  Establish a unit that would be free rent / board to the resident, maybe a graduate of the program, which could provide on-site overnight supervision 5 days a week.  Place a large sign near the sidewalk that provides contact information for the agency and indicates to the public if there are any issues with the facility, they should call. MOTION: O'Brien / Crooks moved to approve rezone request as written in the staff report and further modify it requiring an organizational master plan that addresses the impacts of on-site management, parking, visitation, noise and curfew that is concomitant to the rezone and recorded on title. MOTION TO AMEND: Anderson / McKee moved to add a cap for adult residents to the zoning table. Commissioner Anderson explained that the reason for the cap was to provide assurance to the community that in the future there would not be a facility with 30 units on this site. She encouraged Lydia Place to discuss with City staff and in consideration of what would be appropriate for the neighborhood, determine what that cap would be. She pointed out that this would provide an opportunity for the public to be included in the process, if ever the agency needed to request a change to the number. Commissioner Taysi expressed his concern regarding a "cap", given that, in his opinion, there is a natural cap onsite through the land use and parking regulations. Commissioner O'Brien agreed that the design regulations would help to mitigate a natural cap. Staff pointed out that the site has its own constraints, and stormwater and parking requirements provide a natural cap for development. He stated that the organizational plan should be the way to address what is trying to be mitigated for through the cap. Final Copy - 4  Commissioner Grinstad reminded the Commission that they serve single parents, therefore the number of adults would match the number of units they have. VOTE: Motion Fails 1-6 (McKee, Grinstad, O'Brien, Taysi, Crooks, Brown opposed) Commissioner Brown expressed concern about placing something on Title, especially with a transitional use, such as Lydia Place. He pointed out that in the future this site could be split and have six single- family homes built on it, except the covenant will always remain. He suggested that the conditions related to the management plan and the over-night staffing just be added to the zoning table. Staff spoke to the suggestions and noted that a clause can be added that would allow the covenants to be withdrawn if circumstances change. Commissioner Taysi questioned the reason for an organization plan to be recorded to title. He pointed out the document could change over time and then the covenant would need to be amended. Staff stated that if the approval was conditioned to require a management plan, prior to any permits being issued, the city would confirm the plan has been completed and reviewed. Commissioner O'Brien stated that if it attached to the Title, the public would have full access to it if they run a title report on the property. He reiterated that the covenants would be fairly generic, allowing for the specifics to be part of the actual plan. Commissioner Brown suggested that a dependent clause be added to the special regulations section of the zoning table that states "Subject to a city approved management plan". There was general consensus that was a restatement of O'Brien's motion. The Commission agreed that the proposal meets the Comprehensive Plan rezone criteria in a broad context. It was clarified that Commissioner Brown's suggestion of adding the language to the zoning table did not replace the motion to add the management plan to the Title. Ali Taysi restated the motion as: Recommend that City Council adopt the Findings of Fact, Conclusions and Recommendations as drafted, with the continuation of the sentence in the special regulations table to include "subject to a city approved operational management plan" with details of that to be worked out at a future date. VOTE: Motion Passes 7-0 PUBLIC HEARING (2) Consideration of quasi-judicial amendments to the Western Washington University (WWU) Institutional Master Plan (IMP). PUBLIC DISCLOSURE: The Commission were asked the following questions at the start of the hearing: - Is there any member of the Commission that objects to another member's participation? All Commissioners answered no. Final Copy - 5  - Is there any member of the Commission that has an interest in the property? All Commissioners answered no. - At this time, I will ask any member of the Commission to place on record the substance of any communication that has taken place outside of this hearing. There was no such communication to disclose by any Commissioner. Chris Koch introduced the agenda item and explained that the amendments to the Western Washington University's (WWU) Institutional Master Plan (IMP) proposes an expansion to District 18 and an allowance for student housing along S. College Drive. He pointed out that Districts 13, 15, and 17 would be reduced in size and student activities would be added as an IMP land use qualification in District 18. APPLICANT PRESENTATION: Ed Simpson, WWU Asst. Director for Facilities Development pointed out the proposed location for the additional student housing, and spoke to reasons that it was decided to move forward with a boundary line adjustment to the affected districts through this IMP amendment process. He spoke to the neighborhood meeting held in March, and pointed out that there was no one in attendance. He also pointed out that public comment was not received by the City until the morning of today's meeting. He briefly responded to the content of the public comment, which largely expressed concern for the Outback Farm, an academic space on WWU's campus and how the additional building will affect it. STAFF PRESENTATION: Chris Koch spoke to the requirements of the WWU IMP and pointed out how it works in conjunction with the Western Neighborhood Plan. He explained the reasons for expanding District 18, specifically related to the Floor Area Ratio (FAR) and Building Area Ratio (BAR) allowances. Chris spoke to the public comment received and noted the main concern was related to the potential negative impacts that new development in the expanded District 18 could have on the Outback Farm's solar access. He shared some images, captured through LIDAR, which depicted the existing tree canopy and access to light in the area housing the Outback Farm. He explained that new development, in the expanded District 18, should pose minimal additional shading impacts to the Outback Farm compared to that from the existing tree canopy along the revised common boundary between District 17 and 18. Chris Koch stated that the City believes the proposed amendments to the IMP are supported by the Bellingham Comprehensive Plan and are consistent with the criteria and required elements of the Institutional Chapter of the Bellingham Municipal Code. He pointed out that a preliminary Determination of Non-Significance (DNS) was issued for the IMP amendment and explained that a separate SEPA analysis and determination will be required at which time a development application is submitted. He briefly reviewed the additional language, provided by the petitioners, which they would like to see included in the IMP. Chris Koch concluded with staff's recommendation to approve the proposed amendments to Western Washington University's IMP. PUBLIC COMMENT: Kamea Black, Coordinator of Outback Farm spoke to the requests made by the petitions for inclusion of additional language in the WWU IMP. She explained that the "southern exposure" language that is Final Copy - 6 being proposed is taken directly from what currently exists in the description for District 17. She stated that given the fact that District 18 is expanding into District 17 the language should be carried over as well. She explained the importance of the proposed language related to the disturbance of "beds" that have been established for two or more years, and acknowledged some of the allowances that could be made if necessary. John Tuxill, Advisor for the Outback Farm spoke to the LIDAR analysis and commented on the difference between a discontinued tree canopy and a continuous building wall. John Tuxill (as a citizen) questioned whether the DNS takes into account the footprint of impervious surfaces and the potential impact to the stormwater treatment center at the bottom of Bill McDonald Parkway. David Stein stated that although there appears to be a lot of space at the Outback Farm, there is a tributary going down the middle of it and trees covering one entire side; therefore, they can really only garden and farm on the side where the development is being proposed. He expressed concern for the potential impacts that could be realized beyond just to the experiential learning, but also to the local food banks and the Common Threads program. End of Public Comment PLANNING COMMISSION QUESTIONS / COMMENTS: Kurt Nabbefeld addressed the SEPA question and pointed out that additional SEPA processes would be done during the development stages. Chris Koch pointed out where the new boundary would be for District 18 and shared photos that depicted how it backs up against the proposed area for the student housing. Steve Gillespie, Legal Counsel to WWU assured that Western Washington University hears the comments made by the citizens and invites the participation. He stated that the record does not have sufficient evidence to support the additional "western" language (related to sun exposure). He pointed out that this is not the right forum for the proposed language regarding "disturbance of established gardening spaces" and stated that it should instead be considered at the development stage. He encouraged that the concerns continue to be brought to Western's attention so that it can be considered. There was a brief discussion on what the Outback Farm is and how it contributes to the student's education both experientially and through academic credits. There was a question about what land use designation District 17 held. The IMP has a land use designation of Academic, Student Activities, and Open Space; the City's land use designation is Institutional. There was general consensus that this would help relieve some of the pressure of the housing shortage in this community. MOTION: Brown / O'Brien moved to accept the Findings of Fact, Conclusions and Recommendation contained in the May 19, 2016 staff report as written, and forward a recommendation of approval to City Council. Final Copy - 7 Kurt Nabbefeld clarified that the entire record including: 1) Staff Report, 2) Public Comment and 3) Two PowerPoints will also be moved forward for City Council consideration. Ali Taysi stated that through discussion it has been established that the Commission believes the criteria for the amendments has been met. VOTE: Motion Passes 7-0 GENERAL BUSINESS Kurt updated the Commission on the Subdivision Ordinance process. NEXT MEETING - TBD ADJOURNED: 10:05 p.m. Minutes prepared by: _____________________________ Heather Aven, Recording Secretary Minutes edited by Planning Commission members and various Planning Staff. Final Copy - 8