Planning Commission

RECORD OF PROCEEDINGS OF THE PLANNING COMMISSION CITY OF BELLINGHAM, WASHINGTON Thursday 7:00 PM July 7, 2022 City Council Chambers Video Recorded www.cob.org Call to Order / Roll Call Present: Mike Estes (Chair), Barbara Plaskett, Jed Ballew, Mike McAuley, Rose Lathrop, Russ Whidbee and Scott Jones Approval of Minutes 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. WORK SESSION Mobile Home Park Preservation – continue the consideration of the proposed amendments to the Bellingham Municipal Code. Chris Behee was formerly introduced to the Commissioners as the staff liaison from the Planning and Community Development Department. He provided a brief history on the process to date and introduced staff who presented information on the Mobile/Manufactured Home Park preservation strategies project. McKayla Dunfey shared some background information, reviewed staff’s original recommendations, highlighted some of the key topics of discussion from the June 16th public hearing and outlined the amendments staff is proposing to the original recommendations. Commission Questions / Discussion: The Commission discussed each of the proposed recommendations: Expanding “Opportunity to Purchase” to include “Eligible Organizations” There was a discussion related to the “good faith” negotiation requirement. Although this language does not require the owner to allow the residents to purchase the property, it does create a basis for the residents to challenge the owner’s decision to sell to another party if the ”opportunity to purchase was not provided. MOTION: Barbara Plaskett /Mike McAuley moved to change the language of “good faith” to “right of first refusal”. There was a discussion about how the “good faith” negotiation language has worked in other jurisdictions. James, City of Bellingham Legal Department, clarified that WA State law states the owner “may”, if they choose, negotiate with the tenants; and the City’s proposed language states they “shall”, which requires the owners to consider a tenants offer. There was concern expressed that the change would weaken a position for good faith negotiations. A discussion on the timeline for noticing and securing financing was held. It was clarified that if this was not adhered to, having the language staff proposed in the ordinance would allow for tenants to have additional time if they chose to take the owners to court. VOTE: 1-5 (MOTION FAILS – Estes, McAuley, Lathrop, Whidbee, Jones Opposed) MOTION: Rose Lathrop /Mike McAuley moved to include the language staff recommended with regard to “Eligible Organizations”, in the Opportunity to Purchase section of the ordinance. It was suggested that “… but not limited to” be added after the “eligible organizations” language. There was concern expressed that an eligible organization would be able to purchase the park, without allowing for the tenant themselves to have the opportunity to form an offer. There was general consensus that the list, as proposed in the staff memo, was adequate. VOTE: 6-0 (MOTION PASSES) Relocation Assistance if a MHP closes There was concern expressed that this language would support providing assistance to one resident-class, but not another. It was pointed out that the State has determined that this housing type is unique and provides for assistance in their budget, and it seems appropriate that the City provide that as well. MOTION: Mike McAuley /Russ Whidbee moved to accept the staff recommendation of providing relocation assistance if a Mobile/Manufactured Home Park closes. There was support for sending the proposed ordinance language to Council as written, and allow them to determine if this is something the City’s budget would allow for. The concern about promoting a resident of the MHP taking priority over other constituents that also need monetary assistance. It was suggested that this may not be necessary if the zoning overlay was approved. Staff clarified that this recommendation would be in a different section of the Ordinance from the overlay protection and they stated that it is still relevant and worth including. There was a brief discussion on relocation assistance from Washington State and the reasons that staff suggested that the City provide assistance as well, especially in those situations where there is no money in the State’s fund. VOTE: 4-2 (MOTION PASSES - Jones, Plaskett opposed) Expanding Responsibilities of Owners if a MHP closes Staff explained the reason for this recommendation and noted that the proposed language was influenced by other jurisdictions that currently have this requirement. MOTION: Mike McAuley /Scott Jones moved to recommend approval as written. It was clarified that this is not currently a state requirement. VOTE: 6-0 (MOTION PASSES) Should MHPs in the Urban Growth Area (UGA) automatically be included in the MHP Overlay. There was a discussion about how a new park would be included in the MHP Overlay. Staff explained that a new park would not be automatically included in the MHP Overlay, and instead the site would need to go through the rezone process. There was a brief conversation about the benefits of the overlay. Staff described the annexation process and how that process would be done with regard to existing Mobile/Manufactured Home Parks. Ultimately, the City Council will make the decision on the annexation and zoning regulations for the area proposed for annexation. There was general consensus for this amendment to be included. Sunset Clauses There was a discussion about how this would provide predictability for existing tenants, while not taking away future re-development opportunities for property owners. There was a suggestion that there be a review date, prior to the clause expiring, to discuss if the sunset clause should be extended. It was pointed out that even with the sunset clause being included in the ordinance, there is still the option for the owner to utilize the ”use exception” provision to get an exemption from the overlay requirement. MOTION: Mike Estes/Mike McAuley moved to add a sunset clause date to the ordinance that would expire overlay requirements in 30 years, and additionally include a note that states the sunset clause should be revisited prior to the expiration date. VOTE: 6-0 (MOTION PASSES) Methodology for Development Capacity Analysis The expanded methodology description was reviewed and commission questions answered regarding specifics of capacity for parks in multi-family and urban village zones. Parks the Overlay would pertain to There was a point made that the overlay should be consistent across all the Mobile/ Manufactured Home Parks, as this is low-income housing and not affordable housing. It was suggested that the manufactured home park located in the Samish Way Urban Village should not be included in the overlay, as it is already covered under the regulations of the Samish Way Urban Village Plan. There was a brief discussion on what it could look like to have the Samish park covered with a different (separate) overlay. Staff clarified that different timelines could be placed on different parks and briefly discussed how owners could use the development agreement process. It was pointed out that although the Samish park is located in an Urban Village, and this is where the community has determined density should be built, what exists on this property is everything the tenants own, and they would not be able to afford to live in the units that would be developed. Staff spoke to the ramifications of the overlay to owners, as well as the process that would be held before the Hearing Examiner regarding the “use exception” provision. MOTION: Mike McAuley/Scott Jones recommend the zoning overlay be applied to all ten parks in the City of Bellingham. VOTE: 4-2 (MOTION PASSES - Lathrop, Estes opposed) MOTION: Rose Lathrop/Mike McAuley moved to adopt the Findings of Fact, Conclusions and Recommendations contained in the June 16, 2022 staff report as modified during the work session discussion on July 7, 2022 and forwarded a recommendation of approval to the City Council. VOTE: 6-0 (MOTION PASSES) Old/New Business Adjournment Minutes prepared by: ____________________________________________ Heather Aven, Recording Secretary Minutes edited by Planning Commission members and various Planning Staff.