Planning Commission

RECORD OF PROCEEDINGS OF THE PLANNING COMMISSION CITY OF BELLINGHAM, WASHINGTON Thursday 7:00 PM January 25, 2018 City Council Chambers Video Recorded www.cob.org Call to Order / Roll Call Present: Ali Taysi (Chair), Garrett O'Brien (Vice Chair), Phyllis McKee (Commissioner), Mike Estes (Commissioner), Iris Maute-Gibson (Commissioner), Lisa Anderson (Commissioner) Absent: Steve Crooks (Commissioner) Approval of Minutes The minutes for November 16, 2017 and January 4, 2018 were submitted for consideration and approved by general consensus. Public Comment Period Opportunity for citizens to speak informally to the Planning Commissioners on any subject not listed on the agenda. Speakers are allowed a MAXIMUM of three (3) minutes to address the Commission. Speakers will not be required to disclose their address. Russ S. commented on the issues that Whatcom County still has related to serving those with a mental health illness. He noted that this really impacts the homeless population and many of them go unserved with the limited assistance provided. Public Hearing ADU Ordinance Update Scott Jones stated that D-ADUs should not be allowed in single-family neighborhoods, citywide. He pointed out that they will not help to address the affordable housing issue and instead damage the neighborhood and their residents. He shared arguments for and against D-ADUs, as well as arguments for and against urban villages. He questioned why the urban villages have not been developed, and suggested that the focus be put on these areas. He noted that if individual neighborhoods are interested in allowing D-ADUs they should pursue the legislative process, that way everyone in the neighborhood has a chance to weigh in and the specific characteristics of that neighborhood are considered. Kellen Lynch expressed support for the allowance of D-ADUs citywide. He stated that this would allow for a healthier and more bio-diverse community to grow and live in. Debbie Middaugh expressed her support for neighborhood input in this process. She stated that the pilot project should be allowed in the Happy Valley Neighborhood, and then evaluated against pre- determined criteria. She does not support D-ADUs citywide at this time. Jeff Middaugh expressed concern regarding the upzone of all single-family properties through the allowance of D-ADUs citywide and the potential negative impact on the environment. He pointed out that the Determination of Non-Significance was based on flawed information. He noted that the D-ADUs will not add to the housing stock, assist the homeless or produce affordable infill housing. He suggested that the pilot program be allowed in Happy Valley and the focus be turned to the Urban Villages for infill housing. Warren Sheay read from the public comment that Bellingham Coalition of the Neighborhood submitted to the Planning Commission and City Council. He noted the allowance of D-ADUs citywide would be a breach of the social contract that indicated D-ADUS would be allowed in single-family zoned areas only on a case by case basis. He pointed out that it would not directly increase housing inventory, nor does it reflect the community's input. He shared five recommendations: 1) adopt staff's recommendation; 2) follow the conditional use permit process for all D-ADU applications in single-family zoned areas; 3) require owner-occupancy; 4) complete D-ADU inventory and improve enforcement on illegal units; 5) require one off-street parking per D-ADU bedroom; 6) permanently prohibit D-ADUs from being used as short-term rentals. Dick Conoboy noted that the Happy Valley pilot program was allowed to move through the Type VI process; however, if the allowance of D-ADUs is adopted citywide as proposed, the other 25 neighborhoods would not have been afforded the same opportunity. He commented on the SEPA Determination and noted that it should include the other housing zoning issues that are coming before the Commission and Council. He stated it is the accumulative, non-reversible effects of all these proposed actions that will give the bigger picture of the environmental impacts. He expressed concern that each of these determinations will be done individually. John Lesow urged the Commission to not support the ordinance. He spoke to a front porch neighborhood text amendment that was passed by the County Planning Commission. He stated that D- ADUs, if allowed citywide, should be approved based on neighborhood guidelines and thorough conditional use review. Christos Christoforou expressed support for the allowance of D-ADUs citywide. He shared examples of how this form of housing would allow his family members, who are in need of his assistance, the opportunity to live very close by and still keep some of their independence. Jane Bright expressed her support for the Happy Valley Neighborhood pilot program. She commented on the cost of a D-ADUs and provided the numbers indicating this would not be an affordable housing option. She also pointed out that the more D-ADUs are allowed, the more they will be used as short- term rentals. Perry Eskridge commented on the general consensus of the Whatcom County Realtors Association being more neutral on the subject. He noted that although, ADUs could be an affordable housing option, they will not solve the housing crisis currently being experienced by Bellingham. He commented on the expense to build an ADU and pointed out that not everyone will be able to afford it. He stated that the group is in favor of the owner-occupied requirement. Mary Kay Robinson stated that ADUs will not solve the affordable housing crisis. She spoke to the community need for multi-generational housing options. She expressed support for owner-occupied, and designed with neighborhood character in mind. She also spoke to the expense of and ADU verses and D-ADU. Michael Chiavario expressed his support for D-ADUs in every neighborhood. He stated that this housing option would allow for older generations to down-size, while still being close to loved ones. He noted that new D-ADUs could expand the long-term affordable housing stock, and therefore should not be allowed to be used for short-term rentals. He pointed out that no neighborhood should be able to outright ban D-ADUs; however, they should be allowed to participate in the design, tree retention and solar access retention. He stated that parking should not be a requirement for new D-ADUs, instead the Planning Department and WTA should plan for the increased density accordingly. He encouraged the Commission to actively look for way to transform the Bellingham Housing market. Dale Hunt expressed support for D-ADUs citywide, however he asked the Commission to reconsider the parking requirements. He shared his personal experiences with a D-ADU built right next to his home, and questioned how far the unit must be built from the home to be considered "detached" and thus causes all the problems. He suggested that pre-approved plans be developed to ensure that the unit that is being funded can actually get built. Eric Rodrick stated that he does not feel there is enough information to make the determination that this will help to produce more affordable housing. He expressed concern that allowing D-ADUs citywide would increase the density in areas where the infrastructure is not able to handle it; therefore, public money would need to be spent to address that issue, possibly increasing land taxes. He pointed out that he would not be able to build an ADU to offset that increase in cost. Kevin Covey expressed his support for the D-ADUs and shared his experience with this housing form. He stated that although this might only make a modest impact on the housing stock, it will help us to live low, carbon-footprint lifestyles and make a positive impact on our environment. He spoke in favor of the owner-occupancy requirement. Vince Biciunas expressed concern about allowing D-ADUs in every neighborhood citywide. She questioned if this proposal would make the whole city an urban village. She spoke in favor of allowing the pilot program moving forward in the Happy Valley neighborhood and evaluating the success / failures before moving to a citywide approach. Rob Hart expressed his support for the allowance of D-ADUs citywide. He pointed out this would allow for integration rather than segregation. He pointed out that varied classes and backgrounds should be living together, which would contribute to healthier community. Virginia Rose expressed support for D-ADUs and shard some personal experiences. She acknowledged that this would not solve the need for affordable housing; however, it would allow for more sovereignty and diversity in the neighborhoods. Stephanie Manzo commented on the affordable housing crisis and stated that ADUs could be one of many solutions used to address this issue. She noted that this housing form could protect the trees and air quality by reducing urban sprawl. She spoke to the size of an ADU and compared it to simply doubling the size of a tiny home. She pointed out that D-ADUs would allow for caretaking, of all different aspects, and stated that this proposal would respectfully and responsibly grow our community. Rose Drummond expressed her support for loosening the restrictions on the construction of D-ADUs because she believes in the preservation and provision of accessible housing, and safe guarding this region against urban sprawl. Mike Klimmich commented on the public process and stated that this is the largest and most dramatic upzone that has happened to Bellingham since he has lived here. He pointed out that this would cause irreversible and permanent damage to the neighborhoods. He stated that no one can provide him with a goal that the D-ADUs will meet that the already allowed ADUs can't meet. Chris Robinson expressed his support for property owners to do what they want to do with their property, as long as it within reason. He shared his personal experience and stated that allowing D-ADUs might make it possible for property owners to afford their homes, because they would have the option for additional income. He pointed out that his neighborhood might even be improved with the property owner in the single-family home with a small rental in the back. David Weasley stated that responding responsibly to the affordable housing crisis is important. He stated that allowing D-ADUs citywide would provide for a variety of housing options and more diverse housing types in multiple neighborhoods. Leigh McDiarmid expressed support for streamlining the permitting process for ADUs and D-ADUs. She pointed out that everyone is already allowed to build a D-ADU through the conditional use process, which allows for the input by adjacent neighbors; however, the proposed amendments removes this voice. She commented on the SEPA Determination and noted that it does not address all of the issues. She stated that the pilot program be allowed to move forward in Happy Valley; however, the proposed amendments need to have more community input. Mark Sherman commented on the public process. He spoke to the promises made and noted that the proposed amendments to the ordinance would be anti-neighborhood and "top-down". He requested that the neighborhoods be included in the conversation as promised. Dianne Foster requested that the decision on the ordinance be delayed and expressed concern that it would be abused, and stated that each neighborhood should be able to decide to what works for them. She shared some examples of development that have not worked. Sharon Shewmake stated that reducing density can make the city less affordable. She noted that ADUs have been a common part of America's history. She stated that the way Bellingham is today is not how it always has to be. She commented that people should have the opportunity live without a car if they want to. She noted that because she loves her neighborhood, she supports the rules and zoning laws changing to evolve with the times and people that want to live in this city. Anne Mackie stated that she does not understand the goal of the ordinance. She noted that accessory dwelling units have been allowed in all zoning areas since 1995, and pointed out that D-ADUs are also allowed through a conditional use permit. She shared her view on why this ordinance is being done and suggested that the Commission go back and figure out what this discussion is supposed to be focused on. Louise Bjornson spoke to the history of the accessory dwelling unit ordinance. She stated the Growth Management Act calls for preserve and establish single-family neighborhoods, and shared the ways that attached ADUs accomplish this. She noted that the Comprehensive Plan states that there is no need for any rezones to accommodate the growth for 20 years and that density should grow into the urban villages where there are more services. She pointed out that the proposed amendments would be, in essence, and huge rezone of all neighborhoods. She commented that zoning should provide predictability and questioned if there will be any single-family areas left in Bellingham. Bobbi Vollendorff expressed her concern about the proposed pilot program happening in her neighborhood. She stated that only 10 people from the neighborhood of 7,000 attended the board meeting where the pilot program was discussed and approved. She shared some of the reasons that she believes has led to the detached ADUs being pushed into her neighborhood, and emphasized that housing the less fortunate and providing affordable housing was not among them. She recommended that Happy Valley be allowed to move forward with the proposed pilot program, but impacting all single- family neighborhoods, citywide, should not occur. Steve Abell, Samish Board of Directors spoke to two main issues: 1) owner-occupancy and 2) enforcement. He emphasized the importance of the owner-occupancy requirement for any properties with an ADU. He also spoke to the fact that there needs to be tough enforcement with "teeth". He commented on the non-enforcement of the existing "no more than three unrelated people". He expressed concern that without these regulations, enterprising landlords would be purchasing single- family housing stock and the single-family neighborhoods would deteriorate. Terri Marshall expressed concern about the enforcement of the ordinance and stated she agreed with many of the previous speakers. Wendy Sherrer stated that the allowance of D-ADUs in single-family neighborhoods is neither and upzoning or rezoning of the area, rather it is a tool to increase diversity in housing choices. She acknowledged that D-ADUs will change a neighborhood, but she does not believe it will destroy it. She noted it will allow for aging in place and allow for people to build small and live large. Jesse Worland, Bellingham Socialist Alternative acknowledged that although the ordinance will not solve the housing crisis, it will help to increase the rental vacancy rate. He noted that there is a chance this ordinance will create a path for inclusive and unrestrictive zoning and adequate public housing. Felixia Santana expressed her support for the allowance of ADUs in an effort to ensure everyone in the community has a safe and decent home. She spoke to the affordable housing crisis and pointed out that there are not enough homes for everyone in community. She stated that this ordinance could help the city be less exclusionary. Tommy Lingbloom pointed out there has only been a limited number of ADUs built to date, even though they are outright permitted. He shared his personal experience with this housing form emphasized the importance of diversity in both housing choice and neighborhood residents. He commented on the empty D-ADUs he has on his property, and expressed his desire for provisions that would allow him to legally bring it into the housing inventory. Teggart Edwards expressed support for the Happy Valley Neighborhood pilot program. He stated that although the proposed amendments to the ADU ordinance will not solve the housing crisis, it will help. He recommended that the ordinance provide for incentives. He also suggested that a system be created that would prevent the ADU from being used as a short-term rental. Holleyn Burkhart spoke to the low availability of housing units. She shared her personal experience and stated that the allowance of the D-ADU housing forms could provide an interim step for those who are between homes. She pointed out the importance of having multigenerational living. Shannon Maris addressed some of the questions the Commission had at the November 16, 2018 meeting including 1) why the neighborhood chose "90% of the main unit" (not to exceed 800 sq. ft.) as the size the D-ADU could be; 2) side setbacks; 3) lot coverage; 4) how the height limits were determined; and 5) how the cap of 20 was decided upon. Charles Dyer, Sehome Neighborhood Association Board expressed support for the Bellingham Neighborhood Coalition concerns that were sent to the Commission in early January. He stated that 1) an inventory needs to be done of the ADUs throughout the City; 2) the owner-occupancy requirement is imperative; and 3) there is concern about making duplexes out of single-family homes. He spoke to the housing forms that are already throughout the Sehome Neighborhood. Tim Hostettler stated that he does not agree with the proposed ordinance, and in his opinion several things should be done before it is moved forward, specifically: 1) an inventory of existing ADUs and 2) the lack of enforcement. He pointed out one of the most difficult things to prove is owner-occupancy. Galen Herz, Bellingham Tenants Union expressed his support for backyard cottages and ADUs. He provided some statistics and pointed out that due to the fact that many have been priced out of Bellingham, the environment is being negatively affected by commuters. He stated that the roots of the housing injustices in our city can be contributed to not only the housing shortage, but the speculative real estate market that treats housing as an investment rather than a home. He commented on the low vacancy rate and noted that if alternative housing forms are not allowed, there will be additional pressure on housing prices. He shared his vision for neighborhoods. Dan Welch expressed his support for D-ADUs citywide. He pointed out that with the inflated prices attached to available land, which is extremely limited, the cost of homes are being driven up. He spoke to the reasons that smaller growth opportunities are important rather than just concentrating growth to the Urban Villages. He expressed support for developing a process that would allow for illegal D-ADUs to become legal. He shared his personal experience related to D-ADUs. Andrew Molitor spoke to land value and noted that every action has an effect on the community. He expressed support for the Happy Valley pilot project and stated that rather than having a citywide ordinance, several pilot projects should be allowed to occur, one after another, with information being gathered from each one to make the next one better. Grace Coffey read a statement written by a homeowner, which highlighted three points: 1) The D-ADU provides necessary income and provides a living space for a person in need of housing; 2) All possible measures must be taken to make housing more accessible and affordable; 3) Renters should be treated with dignity and hospitable places should be created for them. She concluded the homeowner's letter by stating this arrangement allows all to thrive and creates community. Grace expressed her personal support for the ordinance as well. Chris Hemingson expressed his support for D-ADUs and reiterated the prohibition of short term rentals being allowed in them. Joy Keenan spoke to the density already realized in the Sehome Neighborhood, and read and excerpt from the neighborhood plan's housing chapter. She expressed concern related to the lack of enforcement. She stated that density equity should be considered when making a decision on this ordinance. Don Keenan addressed the Commission on the SEPA Determination. He stated that a single, complete environmental review should be done that includes these proposed amendments along with those related to short-term rentals so that the cumulative impacts can be analyzed. He noted that the determination of non-significance does not taken into account the potential increase in short-term rentals. He stated that, in his opinion, the potential impacts of allowing D-ADUs citywide (and short-term rentals) would be equivalent to that of an upzone for many 1000s of lots. He pointed out that checklist does not include any studies to back up the conclusion that there will be no significant impact to neighborhoods. He recommended that the process be stopped and the neighborhoods should be asked to provide their considered input on this issue. Kristina Heintz expressed support for the proposed ordinance, with a couple of modifications. She stated that she is in favor of increasing the number of bedrooms and occupants to help address the housing needs. She shared some data along with some approaches to mitigate the issues. She requested that data, evidence and compassion to drive and inform policy making and not to succumb to fear and antidote. Kelen Laine shared her personal story and noted that she is in favor of changing the definition of "family" in the code. She pointed out the world is changing and we need to change with in. She supports the option of choosing her own "family" and suggested that student housing be coupled with housing for the elderly in an effort to explore unconventional and imaginative ways to work together. Emmaline Bigongiari expressed support for allowing ADU and backyard cottages in all neighborhoods. She shared a personal story and commented on the diversity she has experienced. She stated that the allowance of ADUs would help to address the housing crisis we are experiencing and prevent urban sprawl. She pointed out that although it will not end the housing crisis, it is an essential step in the right direction. She recommended that the ordinance be supported. Kristen Tarr spoke to the wealth and equality gap; as well as, the rental costs. She noted that allowing ADUs would provide more housing affordability and choice. She spoke to the positive impacts it would have on the community, including the reduction of sprawl and the environment. . Ray Dellecker commented on the amenities of his neighborhood. He stated that there is no good reason that contributing members of the community should not have a decent affordable place to live. He noted that fewer and fewer can find a place to live. He expressed support for the Happy Valley pilot program and for D-ADUs being allowed city-wide. Mona Leischner expressed her support for D-ADUs being allowed citywide. She commented on the importance of being able to bring aging family members closer, while at the same time giving them some independence. She stated that although it does not solve the housing crisis, it does allow for diversity and housing choice. Alex McLean expressed his support for D-ADUs city-wide. He spoke to the existing regulations of what is allowed to be built on an individual's property. He also pointed out the only different between what is currently allowed and a detached "dwelling" unit is the person that lives there. He urged the Commission to at least move forward the Happy Valley pilot project as submitted. Andronetta Douglass expressed support for the D-ADU ordinance. She shared her personal story and emphasized that affordable housing must be addressed. She recommended that a parking stall not be required if the unit is within ½ mile of a bus stop. She pointed out that this type of infill could lead to better density and continue to help us grow as a green city. Jaime Douglass expressed his support for the D-ADU ordinance. He commented on the importance of housing choice. He spoke to the needs that an ADU could meet, including aging in place and providing affordable housing options for lower income individuals. He acknowledged that neighborhoods would become different; however this would help to combat the segregation that some zoning laws create. He noted that diversity makes better communities. David Courtis stated that he is not in favor of D-ADUs being allowed city-wide. He noted that the pilot program is appropriate given the neighborhood requested it and suggested that it be allowed to run for a few years in order to determine the pros and cons. He stated that after that time has lapsed, consideration of a citywide ordinance could occur at that time. He also pointed out that the Commissioners and Council members should build the units in their backyard and lead the charge if this is direction they are taking the city. Tammi Laninga commented on the benefits of ADUs and expressed her support for allowing D-ADUs citywide. She encouraged that the ordinance be adopted so that Bellingham can be known as an inclusive not an exclusive city. Sean Wheeler spoke to the SEPA Determination and stated that a thorough environmental impact study should be done. He commented on the lack of trust the community has with local government and pointed out that each neighborhood should have a say in what works for their neighborhood, just like Happy Valley did. He acknowledged it will not increase housing affordability, but instead will drive up the rents. He spoke to the lack of enforcement, and mentioned that additional units are on the horizon and housing should stabilize in the coming years. Maggie Bates stated that the ordnance would allow for neighborhood diversity. She spoke to the benefits of ADUs with regard to families. She stated that owner-occupancy is imperative and commented on the importance of parking requirements and pervious surfaces. Rose Lathrup commented on the impacts of no action and provided illustrations of what could be developed if the D-ADU is not an option. She commented on the social impacts of this option and acknowledged that although it will not solve the housing crisis, it is an important step. Tom Scott spoke to the data and pointed out that it is not complete and noted that decisions are being made on flawed data. He stated he would like to see: 1) the ADU inventory completed; 2) restrict short- term rentals to prevent housing stock from being depleted from long-term rental options; 3) adopt staff's recommendation; 4) address parking requirements; 5) require owner-occupancy. He stated that all neighborhoods are different and one size does not fil all. Kelly Morgan expressed support for the D-ADU ordinance. She shared experiences where families need to move from the neighborhood because they have been priced out. She noted the importance of removing some of the segregation in our city and making it more diverse. Stephanie Twiford requested that the Commission slow down and consider the impacts of a citywide ordinance. She recommended that the pilot project be allowed to moved forward so that the pros and cons can be analyzed. Rosanne Long expressed support for the owner-occupancy requirement. She also stated that she is in favor of D-ADUs, as this could possibly allow for some subsidized housing vouchers to be used. Old/New Business Adjournment Minutes prepared by: ____________________________________________ Heather Aven, Recording Secretary Minutes edited by Planning Commission members and various Planning Staff.