Planning Commission

RECORD OF PROCEEDINGS OF THE PLANNING COMMISSION CITY OF BELLINGHAM, WASHINGTON Thursday 7:00 PM October 17, 2019 City Council Chambers Video Recorded www.cob.org Call to Order / Roll Call Present: Ali Taysi (Chair), Mike Estes (Vice Chair), Lisa Anderson, Steve Crooks, Phyllis McKee, Garrett O'Brien Absent: Approval of Minutes None to approve 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. Gail P. shared her experience related to living in Bellingham. She stated that she is saddened by the City’s protection of the homeless, child molesters, drug addicts and illegals over the protection of law- abiding, taxpayers of the City. She spoke to Eric Johnson’s (Seattle) documentaries titled Tale of Two Cities. Sue Murray shared some information about what she saw on the website of Homes Now and shared her concerns about what some of the options were listed on the Homes Now webpage for the tiny home village near the water treatment plant. Paul Burrow commented on the marked changes that have occurred in the South neighborhood related to drug related activity and an increase in crime activity. PUBLIC HEARING Grocery Store Restrictive Covenants Peter Ruffatto, City of Bellingham Legal Department provided a brief overview of the item before the Commission and explained the two different types of restrictive covenants: 1) the 20-year restriction of another grocery store going into the vacated Albertson’s in the Birchwood Neighborhood so long as another grocery store (owned by the seller) existed within 5 miles of the site; 2) the restrictive covenant that was placed on the retail center by the anchor tenant, that they would invest in the site as long as there is not another grocery store allowed in the retail center. Peter explained the rationale for the proposed ordinance, which would create a new section in the Bellingham Municipal Code that would “prohibit the placement of a use restriction on property after the closure of a store”. He also shared the two exceptions that would not be subject to this prohibition and explained some examples of how this could be realized in Bellingham. He explained that staff attempted to find a balance between the public health and welfare and the private interest and not create barriers to investment. Staff recommended approval of the findings of fact, conclusions and recommendations. Mike Goldberg addressed the Commission and asked about the definition of a grocery store that the restrictive covenants would be tied to. There was concern raised that this proposal would remove the rights of a targeted group (grocery store owners). Commissioner Crooks would like to hear from this group of effected property owners to hear how they feel about the proposed change. There was a brief discussion about the appropriateness of the proposed prohibitions which could potentially benefit both the surrounding community and the environment by reducing the trips across town; as well as the enforcement provisions. There was some interest in what other mechanisms were considered to address this concern in public health, safety and welfare. MOTION: Lisa Anderson/Mike Estes moved to accept the Findings of Fact, Conclusions and Recommendations contained in the October 17, 2019 staff report as written and forward a recommendation of approval to City Council. Commissioner O’Brien questioned if there was another regulator mechanism that could be done that would reduce the risk of a future lawsuit. Commissioner Anderson stated that although she understands, she is disappointed that it can not be retroactive. She stated that she also wondered if there was another regulatory mechanism, but trusts that this is the best option. Commissioner Crooks stated that the Bellingham Comprehensive Plan does not call for, nor provide for, full service grocery stores in each of the City’s 25 or 26 neighborhoods. He does not believe that the government should be involved in where a store should be located, built or closed. He spoke to the town hall meeting that was held several years ago as well as the closures of a few local grocery stores that occurred in the years since. He pointed out that the Albertsons store that closed had several police calls and the neighbors expressed concern for the surrounding community’s safety. He emphasized that restrictive covenants were the legal right of a property owner and should not be removed from a single segment of the business community. He noted that they provide an aspect of protection of a corporation or private individuals’ legitimate property rights and interests. Commissioner McKee expressed concern over the fact that only grocery store business owners would be affected by the proposed ordinance. Commissioner O’Brien stated that when restrictive covenants extend beyond the subject property it changes the land-use regulations and allowable uses. He pointed out that just because it is a legal right to add a restrictive covenant to your property, does not mean it should just be automatically accepted and approved. Commissioner Taysi stated that, as he understands it, it does not negatively impact anyone – the owner places the covenant on his property and when he sells it is no longer valid unless the future owner decides to adopt it as well. He pointed out that other land-use regulations have been implemented that would impact property owners, and does not see that this is different from those situations. Commissioner Estes stated that he can see where this would help eliminate anti-competitive practices. He noted that barriers are being removed and although it is a single industry – it has the potential for benefiting the public health and welfare. The Commission suggested that staff reach out to the grocery industry property owners and suggested that occur prior to the City Council meeting. VOTE: CARRIED 4-2 Old/New Business Kurt Nabbefeld announced that the next meeting will be on November 7, 2019. Adjournment Minutes prepared by: ____________________________________________ Heather Aven, Recording Secretary Minutes edited by Planning Commission members and various Planning Staff.