Record of Proceedings of The
RECORD OF PROCEEDINGS OF THEPLANNING COMMISSION
CITY OF BELLINGHAM, WASHINGTON
THURSDAY WORK SESSION 7:00 P.M.
May 3, 2012 CITY COUNCIL CHAMBERS
Audio-recorded
CALL TO ORDER:
The meeting was called to order by Tom Barrett, Chairman of the Planning Commission.
ROLL CALL:
Tom Barrett, Edie Norton, Kurt Baumgarten, Danne Neill, Tom Grinstad, Jeff Brown and Garrett O’Brien
Present: Tom Barrett, Edie Norton, Danne Neill, Tom Grinstad,Kurt Baumgarten,Jeff Brown and Garrett O’Brien
Absent:
Staff Present: Jeff Thomas, PCDD Director; Greg Aucutt, Senior Planner; Kurt Nabbefeld, Senior Planner; Jackie Lynch, Planner II; Katie Franks, CD DEPARTMENT; Chris Behee, GIS Specialist;and Heather Aven, Recording Secretary.
APPROVAL OF MINUTES:
March 29, 2012 and April 12, 2012 were submitted for approval.
MOTION: Danne Neill moved to approve the minutes from March 29, 2012 as amended. SECONDED. VOTE: ALL AYES (Motion Passes 7-0)
MOTION: Jeff Brown moved to approve the minutes from April 12, 2012 as amended. SECONDED. VOTE: ALL AYES (Motion Passes 7-0)
15 MINUTE PUBLIC COMMENT PERIOD:
No testimony given.
WORK SESSION:
ZON2010-00010: To continue the consideration of a new Fairhaven Neighborhood and Urban Village Plan, design standards and development regulations. The area included in the proposal is the Fairhaven Neighborhood, generally surrounded by Bellingham Bay, Knox St., 13th/14th Sts., and Cowgill Ave.
Commissioner Discussion
Each of the Commissioners prepared a map (see Attachment 1) that indicated any changes in height they felt would be appropriatewithin the Urban Village boundary and explained why they felt it should be different from what staff recommended.
Kurt Baumgarten asked staff to explain why they are proposing to increase the height limit in an area that, per Bellingham Municipal Code (BMC) 20.00.070 prohibits new development to block more than 20% of the existing view of the water or any new structure or addition to be taller than 35' if located north of Mill Avenue - between 10th and 12th Streets, or north of Harris Avenue - east of 12th Street. He pointed out that when residents decided to move into that area, they had this expectation and assurance.
Jackie Lynch stated that over the last 10 years, four applications have been received by the City for a height restriction variance. She explained that City Council granted all four of them and the structures developed to a height of 40'-44'. She provided the history behind why that language was inserted into the BMC and pointed out that even with the increase in height, the view of the South Hill Neighborhood (which is who the language was written to protect) will not be blocked.
Kurt Baumgarten stated that he was in support of the heights proposed by Commissioner Brown. He expressed his support for preserving as much view as possible and noted that taller buildings and additional density is more appropriate Downtown. He expressed his concern over the height of the buildings being such that a wall is created and the character of the neighborhood is jeopardized.
The Commission identified two locations where they felt it would be appropriate for additional height: the Fairhaven Harbor Site and the site that currently houses the Tennis Club.
Greg Aucutt clarified that the members were discussing the property immediately east of the creek and explained that some of that property (north of McKenzie) will be restricted by Shoreline regulations and all structures within that jurisdiction will be limited to 35'.
MOTION: KURT BAUMGARTEN MOVED TO APPROVE STAFF'S FINDINGS OF FACT AND CONCLUSIONS AND RECOMMEDNATIONS CONTAINED IN THE STAFF REPORT DATED APRIL 19, 2012 REFLECTING ALL CHANGES INDICATED IN THEERRATTA DOCUMENT AND SUBSEQUENT REVISIONS MADE BY THE CITY AND THE PLANNING COMMISSION. SECONDED.
**NOTE: This motion was voted on at the conclusion of the May 10, 2012 work session.
MOTION: EDIE NORTON MOVED TO LIMIT THE HEIGHT FOR THE PROPERTY LOCATED AT 10th / MILL (COMMONLY KNOWN AS THE PIT PROPERTY) TO 35'. SECONDED.
Jeff Brown expressed his concern that the Commission is referencing specific properties rather than geographically locations.
Jeff Thomas responded that if the Commission feels compelled to limit the height at just one property than the motion is valid.
AMENDMENT: Tom Grinstad suggested that the 35' height limit be expanded to include AREA RT1 and everything east of 12th Street, as well as AREA RT4 and everything south of Donovan AS INDICATED ON COMMISSIONER BROWN'S MAP.Unanimous Consent.
Jeff Brown explained that he was trying to make it so the entire transition zone (moving from the residential to the commercial core) was limited to 3 stories or 35' in height. He explained that would include the entry coming into Fairhaven Parkway.
Tom Barrett pointed out that the surrounding neighborhoods were at 35', so although it would continue that height through the transition zone it would then jump to 56' with no gradual increase in between.
Jeff Brown stated that in his opinion, a two-story jump from 35' to 56' was not as much of an issue as going from 35' to 66'.
Kurt Baumgarten pointed out that given the limited development opportunities in this area, there would not be many structures at 56' and therefore there would be a variety of buildings and he felt that height limit was reasonable.
Edie Norton stated that the historic districtshould remain at a 56’ height limit. She expressed her support for the surrounding area to be 35'.
Jeff Thomas explained that if the Commission was in agreement with the proposed floor-to-floor height concept outlined in the staff report, they may want to consider proposing a number of stories versus an absolute height limit (i.e. 35'). He further explained that to develop a 3-story building in the area the Commissioners are discussing a height limit of 37' would be required.
Tom Barrett stated that, in his opinion, the area between Mill and Donovan should be allowed to have higher buildings in an effort to create additional economic vitality. He pointed out that by allowing this area to have an increased height limit of 42’, it may make a difference to someone trying to develop there.
Tom Grinstad pointed out that 42’ would not provide the opportunity for another floor.
Jeff Brown clarified that his intention was to allow for 3-story buildings. He suggested that during the floor height discussion, the Commission consider making the floor heights different in the core of the Historic Core versus the peripheral areas. He pointed out that every foot of height will have a view impact.
AMENDMENT: Danne Neill moved to change the reference in height from 35' to 3-stories.Unanimous Consent.
MOTION RESTATED: THE COMMISSION MOVED TO LIMIT THE HEIGHT FOR THE PROPERTIES IN AREA RT1and east of 12th Street AND AREA RT4 and south of Donovan, INCLUDING THE PROPERTY LOCATED AT 10th / MILL (COMMONLY KNOWN AS THE PIT PROPERTY), AS INDICATED ON COMMISIONER BROWN'S MAP TO 3-storieS.
VOTE: ALL AYES (Motion Passed7-0)
Jeff Brown explained how he determined the boundaries when he prepared his map. He stated that he carefully chose 12th Street (eastern boundary) to be the dividing line because of the businesses that exist there today. He chose Donovan (southern boundary) because on the very far south wedge of the Fairhaven District is Padden and, in his opinion, it would not be appropriate to allow for 66' height on top of the gorge above Padden. He stated that then he continued down the hill along 9th (western boundary), near the Tennis Club, and then at the toe of the hill he went up to Mill Avenue (northern boundary).
Edie Norton wanted to know why Commissioner Grinstad proposed a 66’ height limitaround the proposed historic district.
Tom Grinstad stated that he carried that over from the staff report; however, after further consideration he would like to see the height be limited to 5-stories.
MOTION:GARRETT O'BRIEN MOVED TO MODIFY THE BOUNDARY PROPOSED BY STAFF TO THE FOLLOWING: 12th STREET - EASTERN BOUNDARY, DONOVAN - SOUTHERN BOUNDARY, 9th STREET - WESTERN BOUNDARY, AND MILL AVENUE - NORTHERN BOUNDARY AS SHOWN ON COMMISSIONER BROWN'S MAP. SECONDED.
VOTE: ALL AYES (Motion Passed7-0)
Commissioner Barrett directed the members to address height within the new boundary they just created.
Danne Neill expressed her concern that by reducing the height several housing unit opportunities would be lost.
MOTION: GARRETT O'BRIEN MOVED TO RETAIN STAFF'S PROPOSAL OFA 66' HEIGHT LIMIT IN THE HISTORIC INFLUENCE AREA AND 56' HEIGHT LIMIT IN THE HISTORIC DISTRICT THAT FALL WITHIN THE BOUNDARY JUST PASSED. SECONDED.
Garrett stated that, due to the site restrictions, not all buildings would be developed to the maximum height. He emphasized the importance of allowing for flexibility in the Commercial Core that would satisfy the need for taller buildings.
Kurt Baumgarten wanted to know if it would be more appropriate to suggest stories rather than absolute height.
Jeff Thomas explained that in the Historic Core Area, 56' would allow for four (4) stories if the floor-to-floor heights were utilized, and in the Historic Influence Area, 66' would allow for one of three scenarios as outlined in the staff report:
- Maintain the 4 stories at 56' from the Historic Core Area
- Allow for five (5) stories at 56' with a step-back on the 5th floor
- Allow for six (6) stories at 66' with a double step-back at the 4th and 6th floors.
AMENDMENT: KURT BAUMGARTEN MOVED TO ALLOW 4 stories in the Historic Core and 4 to 6 stories in Historic Influence Areas. Unanimous Consent.
Jeff Brown suggested the commissioners consider what the extra 10' would really gain the public through the fringe area to the south and what would that do for the transition entry at Fairhaven Parkway and Chuckanut, when the height jumps from 3 stories to 6 stories across Donovan. He pointed out that staff proposed a more transitional height coming in on the south end.
Tom Grinstad stated that even though he would be willing to support the 66' height limit with the double step-back, he is certain that it would only happen on a larger development project due to the current economic situation.
Tom Barrett stated that he would not support the motion as he does not feel there is enough net gain for the extra height.
Danne Neill would rather see 5-stories be the limit, and not provide for a range.
MOTION RESTATED: THE COMMISSION MOVED TO LIMIT THE HEIGHT TO 66' OR FOUR (4) - SIX (6) STORIES IN THE HISTORIC INFLUENCE AREA AND 56' OR FOUR (4) STORIES IN THE HISTORIC DISTRICT THAT FALL WITHIN THE BOUNDARY JUST PASSED.
VOTE: 1-6 (Motion Failed - GRINSTAD, BARRETT, NORTON, NEILL, BAUMGARTEN, and BROWN OPPOSED)
MOTION: TOM GRINSTAD MOVED TO LIMIT THE HEIGHT TO 56' (FOUR STORY STRUCTURE ALLOWED WITH NO STEP-BACK REQUIREMENT) OR FIVE STORIES WITH ONE REQURIED STEP-BACK IN THE HISTORIC INFLUENCE AREA AND 56' OR FOUR (4) STORIES IN THE HISTORIC DISTRICT THAT FALL WITHIN THE BOUNDARY JUST PASSED. SECONDED.
VOTE: 6-1 (Motion Passed - O’BRIEN OPPOSED)
MOTION: JEFF BROWN MOVED TO ACCEPT STAFF'S PROPOSED HEIGHT LIMIT OF 3 STORIES (35') IN AREA RT3. SECONDED. VOTE: ALL AYES(Motion Passed7-0).
MOTION: TOM GRINSTAD MOVED TO ACCEPT STAFF'S PROPOSED HEIGHT LIMIT OF 3 STORIES (35') IN AREA RT2. SECONDED. VOTE: ALL AYES(Motion Passed7-0).
MOTION: JEFF BROWNMOVED TO ACCEPT THE STAFF RECOMMEDATION OF 66' HEIGHT LIMIT FOR COMMERCIAL AND UNLIMITED FOR INDUSTRIAL IN AREA I-3. SECONDED.
Jackie Lynch clarified that staff has also recommended a 42' height limit along the vacated corridor of McKenzie Avenue.
Garrett O’Brien stated that this area is good for commercial development to have the option of 66’, as the topography is lower than those areas that have been restricted to 56'. He pointed out that given the amount of undeveloped property, the flexibility that the 66' height would provide is critical. He also expressed his support for the unlimited height for industrial development.
Jeff Brown suggested that the height be limited to 66' for both commercial and industrial.
Jeff Thomas reiterated staff's proposal of unlimited height for industrial development in an effort to not detour a major family-wage employer from coming to Fairhaven and maintaining a working waterfront. He acknowledged that there is not a lot of industrial land left and there is value in maintaining what exists.
Jeff Brown clarified that this height limit would be for permanent structures.
Danne Neill expressed her support for a height limit in this area. She pointed out that very high structure could block a lot of views and potentially defeat the work the commission has done in the areas above I-3.
Tom Grinstad expressed concern over the allowance of 66’ commercial structures as it could potentially conflict with the retail portion of Fairhaven. He stated that a height limit of50'-56’ for commercial would be more appropriate. He noted that he is more interested in having industrial activity in this area with family-wage jobs that would support the commercial activity in the core and the influence areas.
Tom Barrett stated that 66’ is too high for the commercial as it will compete with the commercial core. He would really like to see the industrial land developed with the unlimited height in affect.
Danne Neill wanted to know what might be developed in the industrial designated zones and the types of buildings that might need to be constructed to accommodate them.
Jackie Lynch referenced page 76-77 in the staff report and pointed out what uses could be developed in I-3. She stated that staff had attempted to try and predict what might be developed and the impacts it would have, but could not do it; however, they did conclude that it was imperative that the land remain industrial.
Katie Franks indicated that the price of the land could detour industrial development; therefore, staff tried to make sure that there was enough incentive to build in this area.
Garrett O’Brien pointed out that commercial development could in fact provide some of the same job structure as industrial development. He stated that hotels would provide a lot of jobs and it would be permitted in I-3. He commented on the sections of the neighborhood that are restricted by the shorelines and noted the importance of flexibility at the lower topography. He cautioned the commission on restricting development in this are too much.
Chris Behee provided photos of what the area would look like with the different height restrictions. He explained that any commercial development would be subject to the same step-back requirements discussed earlier; however, the industrial would not.
Jeff Brown wanted to know if there would be any design review requirements.
Katie Franks stated that there are less design review standards for industrial development; however, the pedestrian experience would need to be considered.
Jackie Lynch referenced page 82 of the staff report and directed the commission to the section regarding setbacks and regulations in Industrial zones to help answer Commissioner Brown’s question.
VOTE: 2-5 (Motion Failed - GRINSTAD, BARRETT, NEILL, BAUMGARTEN and BROWN OPPOSED)
MOTION: TOM GRINSTADMOVED TO ACCEPT THE STAFF RECOMMEDATION OF UNLIMITED HEIGHT LIMIT FOR INDUSTRIAL AND A 42' HEIGHT LIMIT, AS SUGGESTED BY COMMISSIONER BARRETT, FOR COMMERCIAL DEVELOPMENT IN AREA I-3. SECONDED.
Tom Barrett explained that he suggested 42' so that there was no competition with the Historic District. He stated that he is in favor of height stepping down from the hill to the water and a lower height allowance is appropriate in this direction.
Kurt Baumgartenasked staff how tall the building was that the Port of Bellingham just remodeled across from the train station.
Jackie Lynch stated that it was about 42'.
Tom Grinstad stated that the 42’ would prevent competition with the commercial core and since staff has already recommended a view corridor along McKenzie at 42', it seemed appropriate to limit the entire site to the same height.
Danne Neill expressed her concern about unlimited height limitsfor industrial buildings.
Jeff Brown would like Commission to consider a 42’ height limit for all uses in I-3 so that there would not be 42' commercial structures right next to a tall industrial structure.
AMENDMENT: JEFF BROWN PROPOSED TO LIMIT ALL DEVELOPMENT IN AREA I-3 TO 42'. Commission O'Brien opposed.
Garrett O’Brien pointed out that if a height limit was to be put on industrial development, it should be at least be taller than the commercial. He suggested a compromise at 50'or 56’ to be consistent with some of the other buildings. He reminded the commissioners of the additional requirements that it will take to develop on the site, such as stormwater and parking.
Kurt Baumgarten asked staff about the process for any development that would need to be higher than the height limit that the commission votes on.
Greg Aucutt stated that the future applicant could apply for a variance; however, it would be very difficult for them to meet the criteria since they would have to show there is no practical alternative.