Planning Commission

RECORD OF PROCEEDINGS OF THE PLANNING COMMISSION CITY OF BELLINGHAM, WASHINGTON Thursday 7:00 PM November 7, 2019 City Council Chambers Video Recorded www.cob.org Call to Order / Roll Call Present: Ali Taysi (Chair); Garrett O’Brien; Mike Estes; Lisa Anderson; Steve Crooks and Phyllis McKee Absent: Approval of Minutes Minutes from September 19th and October 17th were 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. PUBLIC HEARING Temporary Shelters - Consider a draft ordinance amending BMC 20.15 to allow temporary encampments in buildings to be established in public zones through a Type II review process and to exempt very short- term adverse weather shelters from a temporary shelter permit. Staff introduced the draft ordinance and provided a brief overview of the process to date. The proposed amendments were reviewed and explained. PUBLIC COMMENT Dana Briggs shared the ruling of the 9th circuit court of appeals related to the fact that homeless individuals that did not have enough shelter available cannot be prohibited from sheltering themselves on public property. He questioned why there are not more applications for temporary encampments and suggested that the reasons be considered and the City should do what is necessary to remove barriers. He pointed out that shelter availability should be publicized to the community at large to announce there is somewhere warm to stay during adverse weather events. Barrett Kershner spoke in regards to the 3rd amendment related to a shelter being closed due to not following the regulations, and wanted to know what the City would do to ensure the residents of an encampment would continue to have access to shelter. Staff responded to the public comments and questions. There was a discussion about how homeless citizens can find out about available space in shelters and what other measures the City is considering to help fill the gap when churches or non-profits are unable to. There was a brief conversation about what the process would be leading up to closing an encampment and how many “chances” might be given. Staff clarified that compliance is always the end goal, and everything will be done to accomplish that prior to the decision to close. There was a discussion related to the women’s overnight shelter that will be opened during the winter months at Civic Field. Staff explained how the shelter will operate through the winter months. MOTION: Lisa Anderson / Phyllis McKee moved to accept the Findings of Fact, Conclusions and Recommendations contained in the November 7, 2019 staff report as written and forward a recommendation of approval to City Council. VOTE: CARRIED 6-0. WORK SESSION Interim Housing - Continued consideration of a draft ordinance for interim housing. Staff introduced the draft ordinance and provided a brief overview of the process to date. The proposed amendments were reviewed and explained. Mike R stated that our community is a better place when all (or most) neighborhoods share in the privilege of serving our homeless community. He commented on the good work that the agencies connected to the Homeless Service Center are doing in Bellingham. Dana Briggs requested clarification related to 600’ notice to schools and childcare centers, whether this is required in all cases or only in certain circumstances. He shared some scenarios and wondered if they would require notice. He also commented on the background check requirement and suggested that this may be a barrier to some individuals to seek shelter. Bridget Reeves shared her support for the amendments that were made and urged the Commission to move the ordinance forward to Council. Alex B wanted to know if there were plans to include unaccompanied minors in the ordinance, as it states minors are only allowed with parents. Barrett Kershner requested more information on the sex predator prohibition. Staff addressed a few of the more specific public comments and questions with a more robust discussion around notification and the prohibition on registered sex offenders. There was a brief discussion regarding the removal of the dispersion requirement. There was a conversation around the neighborhood impacts that could be realized when the off-site check-in requirement is not required, and staff clarified that conditions can be placed on permits on a case by case basis as appropriate. There was discussion on the reasons that a “design review” requirement was included in the ordinance, and different scenarios were presented. There was concern expressed that this could be a potential barrier if it becomes too cumbersome. It was pointed out that the requirements apply to urban villages, and that they should also apply to future urban villages (i.e. Barkley). MOTION: Lisa Anderson / Mike Estes moved to direct staff to craft a statement that would apply the rules and regulations to future urban villages. VOTE: CARRIED 6-0. There was support expressed for the amendments that were made and appreciation for the work on the ordinance was extended to staff. MOTION: Garrett O'Brien / Lisa Anderson moved to accept the Findings of Fact, Conclusions and Recommendations contained in the November 7, 2019 staff report as modified through discussion and forward a recommendation of approval to City Council. VOTE: CARRIED 6-0. Old/New Business Adjournment Minutes prepared by: ____________________________________________ Heather Aven, Recording Secretary Minutes edited by Planning Commission members and various Planning Staff.