Planning Commission

Planning Commission Minutes City of Bellingham, Washington Thursday 7:00 PM April 20, 2023 City Council Chambers Video Recorded https://meetings.cob.org Call to Order The Planning Commission meeting was called to order by the Chair at 7:00 PM. Roll Call Present: Mike Estes (Chair), Jed Ballew, Scott Jones, Barbara Plaskett, Mike McAuley, Rose Lathrop, Russ Whidbee Approval of Minutes Minutes for March 2, 2023 approved by general consensus. Public Comment Period During this time, citizens may take up to three (3) minutes to address the members about any topic not on the agenda. Citizens wishing to speak during this time will be recognized by the Chair for comment. No public testimony given. Agenda Items Public Hearing 1. Old Town Overlay District p. 2 Chris Behee introduced the topic and reviewed the legislative process. Tara Sundin provided some background information related to Old Town and spoke to the existing development agreement, the reasons for the proposed amendments and mentioned that a new development agreement will be initiated. Chris Koch spoke to the redevelopment projects that have occurred in Bellingham, as well as the upcoming development that will occur. He reviewed the proposed staff recommendations:  Allow additional interim light industrial uses (with Development Agreement)  Adjusting floor area bonuses and transfers between development sites  Aligning parking standards with those of the Downtown District Urban Village  Allow new development to use parking garages or shared parking facilities located within 1,000 feet of its location to count toward on-site parking requirements  Waive parking requirements for commercial uses when part of a residential/commercial mixed-use building Chris also spoke to the Comprehensive Plan Goals and Polices that will be met by these proposed amendments. He stated that staff recommends the Planning Commission adopt the draft findings of fact, conclusions and recommendations and forward a recommendation of approval to the City Council. PUBLIC COMMENT Jay M. expressed his support for the overlay plan and requested that the parking minimums for residential areas be removed completely. He spoke to the reasons he feels this is justified, including climate concerns, old regulations, and the future look of Old Town. He mentioned this is a trend that many cities are implementing. He suggested the minimum parking requirements be removed, but maximum parking requirements be installed. Ali Taysi shared that he was working with the developers. He spoke in support of the proposed amendments and stated it would be a step forward in removing barriers, encourage redevelopment and spur investment for this area. He shared that incentivizing development in urban villages should be considered with every update to help meet the goals and policies found in the City’s Comprehensive Plan. Kurt O’Conner spoke to some of the ideas that he and Pete Dawson have for this area. He spoke to the challenges of the site and requested that the Commission recommend approval so that redevelopment can occur. Edradine Hovde shared her concern about development blocking the view of the Picket House, a National Historic Building and the oldest building in the City of Bellingham. She encouraged the Commission to consider the protection of this building. COMMISSION DISCUSSION There was a discussion about what would happen if the changes proposed are adopted, but the development still doesn’t occur. Staff explained that although there is no guarantee that development will occur, the incentives being proposed could encourage other development even if this current Development Agreement expires. There was a brief conversation about why boat storage versus another use was being recommended. Staff shared that given the proximity to the waterfront, and the fact that it will take some time to redevelop the area, this was one activity that can occur on the vacant land to off-set some of the cost. Tara mentioned that there is community interest in more boat storage, and she shared that staff believes the property owners are interested in repurposing the buildings that currently exist on that site. There was a discussion on the terms of the development agreement. Tara mentioned that it is proposed to be 10 years and will include several milestones. She stated that as long as the milestones are being met, the development agreement would continue, but not longer than 10 years. There was a discussion about the Floor Area Ration (FAR) bonuses. Staff explained what the development may look like related to height and mass if the bonuses were used to the maximum of 5.0. A brief conversation related to FAR transfers, and how they work was held. A conversation about how the challenges will be addressed by the proposed amendments. Staff explained that it provides flexibility and the opportunity for the property owners to continue to develop what the market demands over time. The Commission pointed out that if parking is drastically reduced, there needs to be some assurances that ADA accessible parking stalls will still be provided. There was a brief discussion about what it could look like if there were no parking requirements. Staff shared some of the things they considered before making the proposal before the Commission. The Commission shared some thoughts about how parking could look in this area. There was a discussion about affordable housing and the number of years indicated in the development agreement (page 79, paragraph C), that must lapse before the City has the opportunity to purchase a parcel if that housing has not been created. MOTION: MIKE MCAULEY / SCOTT JONES MOVED TO REQUEST STAFF CONSIDER STRIKING OUT “9 YEARS” FROM THE APPLICABLE SECTION OF THE LETTER OF INTENT PROPOSED FOR THE DEVELOPMENT AGREEMENT (PAGE 79 IN PACKET, SECTION C) ALLOWING THE CITY TO PURCHASE THE SITE AT ANYTIME. It was pointed out that this is a Planning Commission recommendation to the City administration to consider outside the legislative purview of the code amendments under consideration. There was concern expressed that this would remove some of the predictability that the development agreement is supposed to provide. The point was made that just because the City purchases the site, does not mean that affordable housing will be provided any faster than if the developer retained ownership. VOTE: 4-3 (Lathrop, Estes, Ballew opposed) There was a conversation about the opportunity for flexible FAR bonuses that would provide discretion on addressing an immediate community need. It was suggested that there be a 1.5 FAR bonus that could be used to address a community need. MOTION: ROSE LATHROP / MIKE MCAULEY MOVED TO STRIKE “FAR BONUS FOR PUBLIC PLAZA AND OPEN SPACE” AND REPLACE WITH COMMUNITY BENEFIT AS DETERMINED BY THE PLANNING AND COMMUNITY DEVELOPMENT DIRECTOR. AMENDMENT: JED BALLEW / MIKE MCAULEY MOVED TO STRIKE THE SAME LANGUAGE, BUT INSTEAD REPLACE WITH “BONUS FLOOR AREA MAY BE AWARDED AT THE DISCRETION OF THE PLANNING DIRECTOR TO FULFILL A SPECIFIC NEED THAT IS SEEN AS CRITICAL TO THE BETTERMENT OF THE CITY AND NEIGHBORHOOD. VOTE: ALL AYES VOTE: 7-0 (ALL AYES) MOTION: ROSE LATHROP / MIKE ESTES MOVED TO REMOVE THE MINIMUM PARKING REQUIREMENTS. There was concern expressed that this would impact the existing parking of surrounding neighborhoods. It was pointed out that if we don’t require it now, we will not be able to require it later if we find that it was a mistake. An example was provided from another area where the parking was market driven and the result was several lots were created to ensure there was enough parking to attract tenants. It was also pointed out that the future creation of a parking district is being considered for that area, so if spillover starts to happen in the surrounding neighborhoods, the City has an established program already being used in other areas of the city to help address the issue. VOTE: 4-3 (WHIDBEE, PLASKETT, JONES Opposed) MOTION: JED BALLEW / ROSE LATHROP MOVED TO ACCEPT THE FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS, INCLUDING THE CHANGES PROPOSED, AND FORWARD A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL. VOTE: 4-3 (WHIDBEE, PLASKETT, JONES Opposed) Presentation 1. Comprehensive Plan Periodic Update p. 89 Chris Behee and Elizabeth Erickson provided an overview of the Comprehensive Plan and provided information on the periodic updates the Commission could expect. They shared some of the recent updates and anticipated themes that the Comprehensive Plan will include, as well as the tentative schedule the update will follow. Other Business 1. Director's Report Blake Lyon provided the Commission with a legislative update. He shared information on the following bills that could impact the City:  HB1337 – ADU provisions.  HB1110 – 4-6 units in the single-family units (given units 5 and 6 are affordable housing)  SB5290 – Permit Review process  SB5412 – Design Review process  HB1181 – Add climate section to Comp Plan  SB5258 – Condo laws He also shared that conversations about inclusionary zoning and rental protections are items that may be coming through the Commission. 2. Nominations/Election of Officers NOMINATION FOR CHAIR: Mike Estes nominated – accepted. VOTE: ALL AYES NOMINATION FOR VICE CHAIR: Jed Ballew nominated – accepted. Barabara Plaskett nominated – accepted. Barbara stated she would be fine with Jed continuing as Vice-Chair. VOTE: ALL AYES SHORELINE MEMBERS APPOINTED: Mike Estes, Scott Jones and Barbara Plaskett. CHAIR: Scott Jones Adjournment Minutes prepared by: ____________________________________________ Heather Aven, Recording Secretary Minutes edited by both staff and Planning Commission members.