Planning Commission

RECORD OF PROCEEDINGS OF THE PLANNING COMMISSION CITY OF BELLINGHAM, WASHINGTON Thursday 7:00 PM June 17, 2021 City Council Chambers Video Recorded www.cob.org Call to Order / Roll Call Present: Mike Estes (Chair), Ali Taysi, Barbara Plaskett, Jed Ballew, Rose Lathrop and Victor Crosetti Absent: Scott Jones Approval of Minutes Minutes from May 20 and June 3, 2021 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 Bee Keeping Regulations - To consider a draft ordinance amending Title 7, Animals, amending setback requirements associated with bee keeping regulations. Rick Sepler reviewed the proposal and highlighted the key issues. He spoke to the comments that were received and noted that many citizens feel the existing regulations are too restrictive. He briefly reviewed the reasons that bees are a benefit to the community. He shared the staff recommendation and explained the substantive proposed changes to the existing ordinance. Public Hearing Opened Miguel Boriss stated the existing regulations are among the most prohibitive in all of Washington State and prevent many areas of the city the opportunity to participate due to the 50’ setback. He spoke to the flight path of the bees and noted that they can travel up to 3 miles to gather pollen, nectar and water; therefore the 50’ setback is somewhat arbitrary. He spoke to the benefits of the proposed changes to the regulations. Les Scott commented on the cost of bee keeping and pointed out that the proposed requirements many still be too restrictive. He suggested that the specific setback requirement is not necessary as the existing language included in Section 1.B of the ordinance is something bee keepers do already and will end up achieving the same thing without all the extra restrictive details. Public Hearing Closed COMMISSION DISCUSSION AND COMMENT There was a brief discussion about the cost and time consumption of bee keeping, as well as what methods of enforcement would be. The Commissioners expressed support for the proposed changes. MOTION: Barbara Plaskett/Ali Taysi moved to adopt the Findings of Fact, Conclusions and Recommendations contained in the June 17, 2021 staff report and forward a recommendation of approval for the amendments to the Bee Keeping Ordinance to City Council. VOTE: 6-0 (Motion Passes) Temporary Tiny House Encampment Renewals - To consider a draft ordinance amending Chapter 20.15 of the Bellingham Municipal Code to allow up to three renewals of one year each for temporary tiny house encampments provided that conditions are met. Rick Sepler explained the proposed changes to the ordinance and pointed out the criteria that would be used to determine if the temporary tiny house encampments meet the requirements for an extension to be approved. He stated there are two (soon to be three) tiny house encampments with the city limits. He explained why the temporary tiny house encampments are not able to be in place indefinitely There was a brief discussion about the differences between all of the different “temporary” encampments that are allowed within the City. There was a discussion related to how the unit design size of the encampments. Staff explained that each of the units are inspected to ensure they are safe and there are specific restrictions on what can and cannot be included in the unit. There was also a brief conversation regarding how staff determined that 5 years was an appropriate length of time for an encampment to remain in one place. Staff explained the importance of weighing the temporary adverse effects on the surrounding neighborhood with the overall community benefit of having provided shelter for a number of our homeless citizens. Public Hearing Opened Marlo Jaekel spoke to her personal experiences at the tiny house encampment she resides in verses her time at BaseCamp. She commented on the model of the tiny house encampments and stated that it bridges the gap between homelessness and a private residence. Jaime Jones spoke to her personal experiences at SwiftHaven. She attributed her situation to the fact that she does not qualify for any assistance because of the income she makes working full-time; however, as a single individual she is not able to afford the high rental prices. She pointed out without the tiny house encampment model; she would not have shelter she could afford. Virginia MacDonald expressed her support for the tiny house encampments and spoke to her personal experiences with theft in the areas near the Lighthouse Mission. She commented on the reasons that this model is successful and emphasized the importance of community. Tina Hayes commented on the difference the tiny house encampments are making in the lives of the residents. She expressed support for the model and encouraged approval of the proposed changes. Public Hearing Closed COMMISSION DISCUSSION AND COMMENT There was support expressed for the proposed extensions and measures in place to ensure they are successful. It was pointed out that this model is necessary to provide the essential resources to those that are currently homeless. There was a brief conversation about why the metrics are not part of the ordinance. MOTION: Ali Taysi/Barbara Plaskett moved to adopt the Findings of Fact, Conclusions and Recommendations contained in the June 17, 2021 staff report and forward a recommendation of approval for the amendments to the Tiny House Encampment Ordinance to City Council. VOTE: 6-0 (Motion Passes) Family Definition - To consider a draft ordinance amending sections of Title 20, Land Use Development, to remove limitations on the number of unrelated people who may live together in a dwelling unit per state law. Rick Sepler stated that City Council members, as well as members of the public, have stated that the existing family definition (BMC 20.08.020) is inconsistent with the goals and policies of the comprehensive plan. He pointed out that Washington State has taken action to preempt local jurisdictions from having the types of restrictions we currently have in our code and the inconsistencies need to be addressed. He reviewed the proposed amendments and provided some background information on this subject. Rick Sepler spoke to the challenges of enforcement and mentioned the proposed changes to the code will not make this any easier. He spoke to the concerns that these amendments will just create more boarding houses, as well as some mitigation that might prevent this from occurring. There was a discussion about the differences between boarding houses, student housing and the proposed housing unit models. Public Hearing Opened Perry Eskridge, Whatcom County Association of Realtors acknowledged there is no perfect solution and expressed support for the proposed amendments being considered by the Commission. Virginia MacDonald expressed support for the proposed amendments. She noted that many of the rentals in Bellingham already run as a housing unit and she pointed out that in her in opinion, no one wants to live in a boarding house because you can’t choose your housemates. She spoke to the housing crisis and how it contributes to multiple adults living in a home. Public Hearing Closed There was support for changing the Code to define a “housing unit” rather than the family itself. Staff acknowledged that although enforcement may not look any different; the proposed changes would allow for action against property owners who are advertising and renting out room by room in single-family zones, rather than the entire unit to a group of individuals who are acquainted with one another. The group had a brief discussion about the housing crisis and what the intent of the changes the State legislature made concerning the issue before the Commissioner were. It was also pointed out that it is unlikely that more boarding houses would be created even if there was nothing related to “housing unit” in the Code. There was concern expressed about the “housing unit” still being too restrictive. MOTION: Ali Taysi/Victor Crosetti moved to adopt the Findings of Fact, Conclusions and Recommendations contained in the June 17, 2021 staff report and forward a recommendation of approval for the amendments to Title 20 to City Council. There was an acknowledgment that there will still be work to be done to achieve affordable housing in this community. VOTE: 6-0 (Motion Passes) Old/New Business Rick Sepler addressed the Commission as his final appearance before the Planning Commission as the Planning Director of the City of Bellingham Planning and Community Development Department. Adjournment Minutes prepared by: ____________________________________________ Heather Aven, Recording Secretary Minutes edited by Planning Commission members and various Planning Staff.