1 ATTACHMENT B 2 3 DRAFT Ordinance adopting amendments to 4 The Happy Valley Neighborhood Plan and 5 Happy Valley Table of Zoning Regulations 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50

11

\-\ 3 ORDINANCE NO.-----

AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO BELLINGHAM'S COMPREHENSIVE PLAN AND ZONING, AMENDING THE HAPPY VALLEY NEIGHBORHOOD PLAN AND TITLE 20 LAND USE AND DEVELOPMENT CODE, HAPPY VALLEY NEIGHBORHOOD TABLE OF ZONING REGULATIONS

WHEREAS, the City of Bellingham has adopted 24 neighborhood plans as a component of the Bellingham Comprehensive Plan, including the Happy Valley Neighborhood Plan; and

WHEREAS, the City has a process to amend the comprehensive plan and the neighborhood plans once per year in accordance with BMC 20.20.060 and BMC 21.10.150; and

WHEREAS, in 2009, the City of Bellingham received a request from property owner Western Washington University to amend the land use and zoning designations for Area 1 C of the Happy Valley Hill Neighborhood Plan and zoning table; and

WHEREAS, in March, 2010 the City Council docketed the neighborhood plan amendment for review in 2010; and

WHEREAS, the proposed amendment to the Happy Valley Neighborhood Plan would change the land use designation of Area 1C from Multifamily Residential, High Density to Institutional and the change to the zoning table would rezone the property from Residential Multi to Institutional; and

WHEREAS, a neighborhood meeting was held by the applicant on March 16, 201 O regarding the proposed neighborhood plan amendment and rezone; and

WHEREAS, the responsible official reviewed the proposed amendments under the procedures of the State Environmental Policy Act, and a Determination of Non-significance was issued on July 28, 2010; and

WHEREAS, the Bellingham Planning Commission held a properly noticed public hearing on August 19, 2010, and determined that the proposed neighborhood plan amendment and rezone are consistent with the review criteria found in BMC 20.20.060, BMC 20.19.030 and complies with, and will implement the goals and policies of the Growth Management Act and the Bellingham Comprehensive Plan; and

WHEREAS, the Bellingham Planning Commission recommended approval of the proposed amendment to the Happy Valley Neighborhood Plan and rezone of Area 1C as detailed in their Findings of Fact, Conclusions and Recommendations (attached); and

City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 Happy Valley Neighborhood Plan Amendment Area 1 C (1) 360-778-8270 WHEREAS, the Bellingham City Council held a public hearing on ______, 2010 to consider the proposed amendments; and

WHEREAS, following the public hearing, the Bellingham City Council directed staff to prepare an ordinance approving the request as part of the annual comprehensive plan amendment process; and

WHEREAS, the Bellingham City Council agrees with and hearby adopts the Findings of Fact, Conclusions and Recommendations of the Bellingham Planning Commission.

NOW THEREFORE, THE CITY OF BELLINGHAM DOES ORDAIN:

Section 1. Chapter VIII of the Happy Valley Neighborhood Plan is amended as follows:

CHAPTER VIII. SUBAREA DESCRIPTIONS AND LAND USE DESIGNATIONS

Areas 1A, 18, 1C, 28 & 3 Narrative This section contains an introduction to the specific design and development criteria for the five listed subareas listed above and in the Happy Valley zoning section of the Land Use and Development Code. Note that the criteria applicable to the WWU Physical Plant (Area 2B) and the block west of the Physical Plant (Area 1 C) are also included in the WWU Institutional Master Plan (IMP). The reader interested in a complete review of the type and manner of institutional development that can occur in these areas should consult the IMP. Introduction The five subareas include approximately 160-acres located south and east of Western Washington University. They include many densely developed apartment complexes, a neighborhood commercial zone, Sehome High School, and WWU's Physical Plant. Areas 1A, 18, 1C & 3 were rezoned to high-density multi-family residential in 1982. Many multi­ family residential buildings have been built since that time. Few single family residences were preserved during this development. There are no commercial services or activities offered in these subareas as of 2001. Update note: WWU purchased the block contained in Area 1C, and the zoning was changed to Institutional in 2010 New development in the last two decades has most often been designed under the minimum standards of Bellingham's Land Use Development Ordinance. No protest agreements for Local Improvement Districts (LIDs) often accompanied these projects, allowing developers to forgo construction of street and pedestrian improvements until such time that adjacent properties developed. This practice has resulted in the

City of Bellingham City Attorney 21 O Lottie Street Bellingham, Washington 98225 Happy Valley Neighborhood Plan Amendment Area 1 C (2) 360-778-8270

\-\Cj development of few pedestrian amenities such as sidewalks, street trees and street lights in one of the most densely developed areas of Bellingham. The new designations of these subareas are intended to create a more functional urban environment. Design criteria in the Land Use and Development Code will set the tone for a livable area that also preserves the underlying density and maintains the character of the neighborhood. Areas 1A and 1 B - Unchanged Area 1C Area 1C consists of the block west of the WWU Physical Plant bounded by 25th, 26th, Taylor and Douglas. It was originally designated for high density residential development as a part of Area 1A. The base Fesidential Fmilti zening ef AFea 1A has been r:etained heFe. This preperty setild be rezened te lnstittltienal tindeF the fellewing oirnllmstanses:

~ An institbltienal masteF plan is adapted and the plan establishes a need feF additienal land ar:ea beyend the GblFFeRt sampbls beblndary te assemmedate pre.jested grewth, and VVVl/U awns eF oentrels all ef the preperty in the blesl( er ebtains the signatblFe ef all the preperty e'lmers en a rezene petitien. If this bleol( is WWU now owns the property and ii was rezoned to Institutional in 2010, to allow University support services. Permitted uses should be limited to student activities, residential, or non-industrial support uses as defined in the Institutional Master Plan (see WWU IMP, District 22). ApprepFiate develepment standaFds weblld be identified and site plan approval wellld esstir in a GGRGblrrent r:ezene and institlltienal planned sentraot process. This presess shall fellew established neighl:leFheed plan amendment presedtires, inslblding a ReighbeFheed meeting and hearings befeFe the Planning CemmissieR and City Cetinsil. Cede FeEJblirnments weblld allew applisatien feF a rezene ef this blesl< as early as ene yeaF frem the date ef adeptien ef the l=lappy Valley Neighberheed Plan. This SRGllld pFevide sblffisient time fer ttie University te ebtaiR fblRding, aGEJblir:e ttie preperty, and predbloe an asseptable develepment prepesal. See Areas 1A, 1 B, 1C, 28 & 3 Design and Development Criteria in the Happy Valley Neighborhood zoning section of the Land Use and Development Code for specific requirements applicable to Area 1C.

AREA 1C LAND USE DESIGNATION: MIJbTIFAMlbY RESIDENTIAL, HIGH DENSITY INSTITUTIONAL

Areas 2A through 16 [Unchanged]

City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 Happy Valley Neighborhood Plan Amendment Area 1 C (3) 360-778-8270

\-\Vi Section 2. The Happy Valley Neighborhood Plan Land Use Map is deleted and replaced with the map - Exhibit A.

Section 3. BMC 20.00.090 Happy Valley Table of Zoning Regulations is amended as shown in Exhibit B.

Section 4. BMC 20.00.090 Happy Valley Zoning Map is deleted and replaced with the map - Exhibit C.

PASSED by the Council this __ day of ______., 2010

Council President

APPROVED by me this __ day of ______, 2010

Mayor

ATTEST=------,,--,----­ Finance Director

APPROVED AS TO FORM:

Office of the City Attorney

Published:------

City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 Happy Valley Neighborhood Plan Amendment Area 1C (4) 360-778-8270

\-\ l EXHIBIT A

Happy Valley Neighborhood Plan Land Use Map

City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 Happy Valley Neighborhood Plan Amendment Area 1C (5) 360-778-8270 (J ;;!' ARBORE:TUM NEIGHBORHOOD -.<-<--h'' w ·--~-t r .'§ ;;!_ /"'>-. __ § t•• ZONING --~ I ' .-rJ I . .,,, .. !·~~·; " Legend: _ff :j ./' 1 ~- -: : F1riLOiN\3A\FL ' ~ AREA ZONING DESIGNATION* ! '! -ci: -; ~'" ' t ( ·ti 1A Residential Multi .. 18 Neighborhood Commercial -.,:-- -, tr! Ii J~ . ~-;~: ;N:iAM_~~v ..ff:: 1C Institutional •·0 " -'d : 2A Public i"-1 _ .I NOTE: This bouodaiy is between 2B Public/Institutional :~ ·:: 1o1ss&10of81ock3,lots14&15 ;~~T.6ffAV. : ___ -= of81odt4,andlols15&16ol81o 3 Residential Multi -~--- : s, plat of Fairhaven Land co:sr~ , sENNET-T 4 Planned Commercial j _ \- __ wwu ..-~1 ' :Alf 5 Residential Single _BENN!fIT AY BEt!~ETt ~y f\, -,- --, r {- ~E~~EjjcT_ SA Residential Single :_::-­ 6 Public 7 Residential Single -:1~1-ciRAY--,, :,._.i_; -. .,! '"' ' ' 8 Public -~'. ~ fE_ TAYlOR AV __ f1L(MORE;_·4_~- i~ 9 Residential Single 10 Planned Commercial %THCT·, 11,11A Public 12 Residential Single 13 Public 14 Neighborhood Commercial 15 Residential Single -~ '~ ''*"~.: 16 Residential Single l:c. ; ·""' ·c ':~'·]:1:Zj':: ii/)' -:~~J i ., * SEE BELLINGHAM MUNICIPAL CODE TITLE 20 'o(' ! i TABLE OF ZONING REGULATIONS FOR If/). MODIFICATIONS IN THE LIST OF PERMITTED USES AND OTHER SPECIAL PROV1SIONS FOR EACH NUMBERED AREA

~N

0 500 1000 1500 2000 Feet

! : City of Bellingham t:;i- i"1 Planning Department FAIRHAVEN ,:Ji" <•PARK ;':w 2010 i i~ 712912(110KN EXHIBIT B

B. Happy Valley Neighborhood Table of Zoning Regulations

See Attachment 2: Areas 1A, 1 B, 1C, 2B and 3 Design and Development Criteria.

City of Bellingham City Attorney 21 O Lottie Street Bellingham, Washington 98225 Happy Valley Neighborhood Plan Amendment Area 1 C (6) 360-778-8270 ...... ATTACHMENT 1 Neighborhood Commercial and Mixed Use Design Criteria for Areas 1A, 18, -'le, 3, 14

-- - "' ... Areas:: 1. Use Criteria 1A a. Buildings and public spaces should be located immediately adjacent to the public sidewalk. 18 Underlying required yards may be reduced to accomplish this . . -1-G 3 b. Commercial uses shall be limited to the street level or a designated pedestrian corridor. 14 c. The maximum street frontage for any one commercial use is 60 feet. For street corner uses, only one street frontage may exceed 50 feet. d. Residential uses shall be provided in conjunction with commercial uses at a minimum ratio of 0.8 sq. ft. of residential floor space to 1 sq. ft. of commercial floor space. e. Required Type A accessible dwelling units may be located at ground level to satisfy Americans With Disabilities Act requirements. f. Commercial development of the site shall be pedestrian in scale with windows and entries adjacent to the street or pedestrian corridor. g. Drive-through establishments are prohibited. h. A restaurant may include licensed provision of alcohol beverages for consumption on the premises when accessory to such food service. i. Further limitations on uses are addressed within the applicable subarea descriptions.

· 2. Parking and access I a. In order to encourage transit related and affordable housing in mixed-use (commercial­ residential) developments, shared parking may be approved if required parking for the greater of either all residential or all commercial uses is met. b. Improved on street parking adjacent to the property may be counted toward on-site parkin!,. requirements provided all required parking for residential uses is improved on site. · c. Parking should not be required for public open space such as a plaza or outdoor seating fo1 a cafe. d. Open parking spaces that use an alley for maneuvering shall be exempt from any required yard along the alley property line. I • 3. Signage and Lighting I a. Signage facing residential areas is limited to 16 sq. ft. per use frontage, which may be indirectly lighted during business hours. b. Signage should be oriented toward pedestrians, not automobiles. c. Free-standing pole signs are prohibited. d. Moving, blinking, changeable type, and internally illuminated signs are prohibited. e. Lighting should be minimized. It should be placed for safety reasons. Private lighting shoul not shine directly onto adjacent property.

City of Bellingham City Attorney 21 O Lottie Street Bellingham, Washington 98225 Happy Valley Neighborhood Plan Amendment Area 1C (7) 360-778-8270

\-&\ ATTACHMENT 2 Design and Development Criteria for Areas 1A, 18, 1C, 28, 3 . -- -.. """" .... ·-- - --·· --- ' -- -- . . - '" "' .1A 18 Design and Development Criteria 1C 28 The following specific criteria are intended to encourage development that reflects and 3 enhances the desired character of the Happy Valley Neighborhood as stated herein. These · criteria are in addition to the general criteria found in Section VII of this plan and the citywide multi-family design guidelines currently being developed. Once adopted, the citywide guidelines shall be used in addition to the design criteria . contained in this plan. The review of a planned contract application and the design review ' process should occur simultaneously whenever possible. : A. Streets and Transportation Street improvements should be required as development occurs. New developments should : improve their side of all abutting streets with curbs, gutters, utility conduit, lights, and sidewalks with street trees. If appropriate as determined by the Public Works Department, street improvements should be extended to the nearest street that is improved to similar , standards. The City will work in collaboration with the neighborhood, WWU, and property owners to . improve streets in front of developed properties through LIDs, grants or other financing ·methods. ' •Vehicular access to new development may be limited to alleys if street construction would , infringe upon a stream or designated open space corridor. ' 1 8. Open Space Corridors !See Section Ill) 1. The length of 23rd Street north of Douglas Avenue to Bill McDonald Parkway should · remain unimproved and retained for open space, stream restoration, and trail purposes. Parking lots should not abut this open space. 2. The open space tracts along the east side of Sehome High School's play fields and WWU's Physical Plant should be retained to the greatest extent possible as a wildlife . habitat corridor between the and Connelly Creek Nature Area. : C. Residential Density Transfers The previous zoning required a minimum lot size of 10,000 sq. ft. for multi-family :' development. In some cases, this helped create "remnant lots" which are vacant or single-family lots under 10,000 sq. ft. and between developed multi-family properties. It is difficult for these lots to acquire the additional land needed to redevelop. Houses on remnant lots surrounded by high-density uses can be less desirable and too expensive to maintain as a quality rental unit. Density transfers should be allowed as an option to get some value from remnant lots. ' Density transfers could preserve open space and help ensure that residential density is maintained.

'

... - ' City of Bellingham City Attorney 21 O Lottie Street Bellingham, Washington 98225 Happy Valley Neighborhood Plan Amendment Area 1 C (8) 360-778-8270 II II, Upon the Planning Director's approval of a Planned Contract on a receiving property, '

• densities may be transferred within Area 1A and from Area 1A to Area 3. Densities may ' only be transferred from remnant lots. Density transfers shall comply with the following ' guidelines: • Density transfers shall be recorded by covenants on sending and receiving properties. ' • A maximum of 1 dwelling unit may be transferred for each 1,000 sq. ft. of land. Fractions shall be rounded to the next lower whole number.

••

' • Density transfers are intended to make land available for non-residential uses such ' as parks and to provide open space. • In this process, all density shall be transferred, including the removal of any existing ' residences. The vacant property shall be acquired by the city, owner of the receiving property, adjacent property owner, neighborhood association, or other able party that , • ' will maintain the property as a park or open space. The vacant property may also be ' used for stormwater quality needs.

' • Property receiving a density transfer shall be no less than 20,000 sq. ft. in area. ' • Dwelling unit density may not be transferred from the WWU regional stormwater facility or from the block directly west of the WWU Physical Plant. ' ' D. Western Washington Universitv Uses:

' · [Note: See the WWU Institutional Master Plan for a complete listing of use restrictions, , design criteria, and performance standards that apply to institutional development in : • designated areas of the Happy Valley Neighborhood.] ·As of 2001, WWU's developed properties south of Bill McDonald Parkway include the ' Physical Plant at 26th and Douglas, the Northwest Regional Archives Building at 25th and ' Bill McDonald Parkway, and a regional stormwater facility on the south side of Bill McDonald Parkway generally between 22nd and 23rd Streets. The Physical Plant area (2B) currently includes support offices, maintenance shops, and storage areas. WWU's plans for , the next ten years are to expand the Physical Plant functions to include relocation of related . offices such as WWU's Purchasing Office, Mail Services, and Central Stores. The block •west of the Physical Plant (Area 1C) is also now owned by WWU, exGefll !er !we small ' JJaFGels that remain in fJFivale ewnershifl. The following design criteria shall apply to ; development in Areas 1C and 2B:

' 1. All uses in Areas 1C and 2B shall comply with the use limitations, development standards, and performance standards in the WWU Institutional Master Plan as amended. 2. Expansion of warehousing and maintenance facilities shall occur on the Taylor Street , (north) side of the Physical Plant property whenever possible. Expansion of these ' uses adjacent to or across the street from residential areas should be designed with ' office space facing streets to ease potential impacts.

' 3. Office facades should include similar scale and design features of adjacent residential ' structures to reinforce and enhance the residential neighborhood character.

,' , .. ''' '' ' ' . ' ''

City of Bellingham City Attorney 21 O Lottie Street Bellingham, Washington 98225 Happy Valley Neighborhood Plan Amendment Area 1C (9) 360-778-8270 ~;.---~-r-~4~.~N~e~w_w_a~r~e~h~o~u~se~a~n"""'d~m~a-i~nt~e~n-a~n-ce~s~ho~p~fa~c-il-iti_e_s~a~n~d~o~u~td~o-o_r_s-to_r_a~g-e~o-f~c-o~ns~t~ru_c_ti_o_n_' • or other materials shall not be located in Area 1 C 2B. 5. WWU truck traffic should be routed north on 25th Street to Bill McDonald Parkway and

• not south through the neighborhood or east along Douglas Street. 6. 10% open space is required for all non-residential uses. 7. Surface parking lots that serve uses north of Bill McDonald Parkway are prohibited. 8. If Area 1 C is was iAseq:iera\ee iAle \l'•N!U's lnsti\ll\ieAal Master Plan to be aRtl developed with institutional (non-residential) uses, vacating the 26th Street right-al­ . way should be considered in exchange for an equal dedication of land for open space on the east side of 25th Street. If this occurs, WWU should be required to permanently

. own and maintain the open space. Explore ways to use some of the adjacent open space to enhance the streetscape/entrance to Happy Valley. ------·-

Use Special Prerequisite Special Areas Zonina Qualifier Densitv Conditions Considerations Reaulations

4 through 16 [Unchanged] Unchanaedl fUnchanged] [Unchanged] [Unchanged] [Unchanged]

City of Bellingham City Attorney 21 O Lottie Street Bellingham, Washington 98225 Happy Valley Neighborhood Plan Amendment Area 1C (10) 360-778-8270 l0 N ,_(.,) _.,\ ~-

~ ~ HAPPY VALLEY @ SEi/OtV:E HILL ).,V ·#;?.-::/ AR!30PETUM NEIGHBORHOOD '/ ,,,,. •. _ ·.,;_,,,_x ' -,i' ! ! : • ; i! Legend: <~~,:r;,. 'I : · " i--i• 1 ;-jl- -i' , , €-. --#' flELQJJ•.i(.lAY FJS.DJNGAV"·- 1 '>· _,_, r-- -:1 -- r- ;_~-" ~ ;g, "0 COMPREHENSIVE PLAN {''~ii' !iii .. ~··.·· .. ,/ '~ AREA LAND USE DESIGNATION 8 -~ I' J~ __I i ] , -;/ "w 1A Residential Multi, High Density i; ·:~- -~1 ' ~ ~''c :: ~ .i· NOTE: This boundal)' Is between 18 Commercial 1 ![- 'i 5J /• 10tse&1011fBlock2,loto14&15 Institutional f _ bhi~N~~ ~ I ofBtock~.andlots15&16olBlock 1C !;f; .: 5, plat of Fairtiav~n Land Co:& 3rd Add 2A Public , SENNETT 28 Public/Institutional -! '_,,--, ,. ·,· . §__ \. _____ !VWU N~ iAV ' -_B:ENN~ij_Ay BENNE·n-A\I , , -- ,-( ---- -.I aENN.eTic-i" 3 Residential Multi, High Density 4 Commercial 5 Residential Single, Medium Density TA'!'J.ql:\"AV - 'rA'i'L9RAV Public ~ ,,..., 6 r··j;-:: -,, ·• ~ ~AY~QR A.V, 7 Residential Slngle, Low Density --~1~1...,MQ~~-A~- ·" ' W" LOWELL: ~ ;~: ~ 8 Public i "11 . !' -'"": •ES·-,' · -·': ~· 9 Residential Single, Medium Density o'b1.,19t.Pish .NOTE: Th;s ~unda~ Is ~~en_, " '-1s ~ey1~ ~\ . > ; -~ , ' -- :· ; ;lot•10&11and28&29,blocks88-93 • . 1'Ai' 10 Commercial 1 11[J ! --- "J"·: r~:r · ~-; .! ··-~--~ :-~ ;r : __ ·'FalrhavllnLa_ndCo.'s1stAddltion· ·~ Public 11 __ :j. _'.G~i''j ~---_j; __h,. ,'-- _, i l -"~ ;--'~. NOTE: This boundary Is between , :'- -, , 11A Public i -, i'·---:- :--,Jots4&5and12&13.blocks34.35. ,. _; ~ 1 - /Jl,_i<~~OX'A~-. j l __/ ~~~: oB'rHcT 12 Residential Single, Medium Density li•:a:•. ·~-~~-~~·.-~;;'_ &. 61, plat of Falrha.ven Land Co.'s -, ·. .. : . · - 13 Public -~.. -: !--.! ::-5_1~tMd1t1on s9uTH'HiLL!NH:. ' :c ·Vi 14 Commercial 7 z~ "-~ 'E i:112 ----- 15 Residential Single, Medium Density ~~., ~ 11 .· ··.. ·· .. · .... ·~-- " ,f 2 l ;;; 16 Residential Slngle, Medium Density J ,1 ~ 6 ~ MILLAY ' '• ~~ I-.! T· ·-1- i \Mf'-KEll!ZIE Ii ... ;.;. I i !AV 1 ,_-.-, ·s' 1 v' ' I f'llI-,... Ill\ ... ··.. ·.'".· 11--··11 "fJ1 j' ·1 c_-.1 ~ ·--1-- ' ; -=-j- - ~ ~ 9 ·t;j- !~ ,_! ;ti;\' ' :--,-·-: i L.1 I~ ]~- '· l~ --]~ j {. ;,if~ 1"·1· 1: L I N ' !_~~-:1 ,I-·: 0 500 1000 1500 2000 j Feet

~'" I -0Lb FAIRHAVEN JKJ;i City of Bellingham

FAIRHAVEN SOUTH NH- -1 NOTE: This bo~ndery is betw~en1~ts· 2a & 24 Planning Department ,•)PARK \ and 25 & 26 ol Slock4 as weu _as lots 23 & 24 of l I ----L~c_k 5,. P!at of Conn:lly ~1.t1on_1~:~v~~: 2010 7r.!9/10KN 1 ATTACHMENT C 2 3 SEPA Determination of Non-Significance

12 \ -2_J.P PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT 21 O Lottie Street, Bellingham, WA 98225 Telephone: (360) 778-8300 Fax: (360) 778-8302 TTY: (360) 778-8382

SEP2010-00015

Determination of Non-Significance

Description of Proposal: A proposed amendment to the Happy Valley Neighborhood Plan requested by the property owner. The proposal is a site specific plan amendment to change the Land Use Designation of Area 1C of the Happy Valley Neighborhood from Residential Multi Institutional to Institutional. This is a non-project determination.

Proponent: Rick Benner, AIA, Executive Director, Capital Planning and Development, Western Washington University, Old Main #402, Bellingham, WA, Mailstop go44

Contact Person: Keith Schrieber, AIA, Schreiber, Starling & Lane Architects, 185 University Street, , WA 98101

Location of Proposal: Happy Valley Neighborhood, Area 1 C, City of Bellingham, WA

Lead Agency: City of Bellingham, Planning and Community Development Department.

Environmental Information Considered: SEPA Checklist, dated March 23, 2010

The lead agency for this proposal has determined that the project does not have a probable adverse impact on the environment. An environmental impact statement is not required under RCW 43.21.C.030(2) c. This decision was made after review of a completed environmental checklist on file with the lead agency. This information is available to the public on request.

( X ) This DNS is issued under 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date of issuance.

Comments must be submitted by: August 11, 2010.

Responsible Official: Jeff Thomas Position: Interim - Director, Planning and Community Development Department Address: 210 Lottie Street, Bellingham, WA 98225

"\t\Signature\ ' Date ¥-v--i Contact: Brian Smart, Planning Department, (360) 778-8355 or email: [email protected]

Appeal rights: Pursuant to BMC 16.20.210(D), there is no administrative appeal of this environmental determination. An appeal to the Growth Management Hearings Board shall be of the governmental action together with its accompanying environmental determination as required by RCW 43.21C.075(2)(a) and RCW 36.70A.280 (1)(a).

\-l.--1 EXHIBIT D

Neighborhood Plan Amendment and Rezone Application RECEIVED Ml\R 23 2010 Permit Center City of BeHingham 210 Lottie street .. Planning Bellingham, WA 98225 phone: 360-778-8300 fax: 360-778-8301 Land Use Application www.cob.org

Check all permits you are applying for in the boxes provided. Submit this application form, the applicable materials listed in the corresponding permit application packet(s) and application fee payment.

D Accessory Dwelling Unit D Parking Adjustment Application Office Use Only D Binding Site Plan D Planned Development Date Rcvd: )•1,'i-1<> D Clearing Permit ~Rezone. f (!o""" jl~/r\1'11)"1"" 0 Conditional Use Permit SEPA Case#: $;oiJ:ii?01 ~ I U D Critical Area Permit 0 Shoreline Permit D Critical Area Exemption D Shoreline Exemption Process Type: Design Review Subdivision-Short Plat/Lot Line D D Neighborhood: D Grading Permit Adjustment l-f Vl!Ug1 D Home Occupation D Subdivision-Preliminary Plat Area Number: D Institutional D Subdivision-Final Plat D Interpretation D Variance Zone: D Landmark - Historic Certificate of D Wireless Communication Pre-Ap. Meeting: 0•14 E" Alteration D Zoning Compliance Letter D Legal Lot Determination D Other: Concurrency: N. D Nonconforming Use Certificate

Project Description: te6?ey.£. ~ ~pe~ MUl.J1 TO \H&"tlW'llO~

Applicant/Agent !,)(Primary Contact for Application Name ~ ~elf!!.0 / ~\\l'Bt!ER ~it.ANE. Phone ~ ~ez_, f)'lOO Address \&5 ffi>'Z. e!>"IS" City/State/Zip 'FA10 e vJP.. 9f>lPI Email s.cl\ll'c1.ber'\C!- Si>l, ... ~n::!ii&"te¢.s ·

.- Owner(s) ~Applicant D Primary Contact for Application Name &\Ck'.:. ~·. ~ r·~w~m.i ~l'tj Phone 9 00 '2>".70 35'50 Address (),J? MlN 4CJ 1 v\Mt,L S\PJP "tOM- FAX ~ (QS'o "JO?,( City/State/Zip \:!E..u..tN5~ lJJto. &J!i'Z..'l..'5 Email C1ol.:...be1v\ei"~Wwv. ed1.1

Property Owner(s)

ll'am the owner of the property described above or am authorized by the owner to sign and submit this application. I grant permission for the City staff and agents to enter onto the subject property at any reasonable time to consider the merits of the application and post public notice. I certify under penalty of perjury of the laws of the State of Washington that the information on this application and all information submitted herewith is true, complete and correct.

I also acknowledge that by signing this application I am the responsible party to receive all correspondence from the City regarding this project including, but not limited to, expiration notifications. If I, at any point during the review or inspection process, am no longer the Applicant for this project, it is my responsibility to update this information with the City in writing in a timely manner.

Date ~{Z?/2..olb I I

State

PLN- 019 4/29/2009 1 \-L°l i:iECEIVED

MAR 2 :r Z010 Permit Center 21 O Lottie Street City of BeMingham Bellingham, WA 98225 Planning phone: 360-778-8300 fax: 360-778-8301 www.cob.org

APPLICATION FOR REZONE (Process Type V·A)

(PLEASE PRINT CLEARLY OR TYPE IN BLUE OR BLACK INK)

Project Data:

1. Legal Description of subject property _-::ee-~"""''--"'""'-r'ITAe.l.!..!:'"'"='WE'""""'o'°------

2. Full legal description of all property represented in the application (attach if necessary) 7a?- ~

3. Size of total land area represented in the application: ------LAND USE CLASSIFICATION: 4. Neighborhood Plan Name _ __;!ltiR=clD~:t-1.-WZ!~=',,,i!!!::?t"-'------5. Zoning Area Number ______,\._--"C.=------6. Existing Zoning: General Use Type __.... @?~~\=l:E~~~~~ .... t\WlX\~~~------Use Qualifier______Density______

7. Requested Zoning: General Use Type ___.,llJ'~S'ftrtU?~~~~~~------­ Use Qualifier Density______------_

8. Attach an explanation of how the proposed zoning change meets each of the criteria listed in the attached Bellingham Municipal Code 20.19.030 A-F and at least one of the criteria in G (1)-(3).

· 9. Is the rezone request related to a development proposal for the property? NO If so, please provide available plans and information about the project.

PLN-019 4/29/2009 2 REZONE APPLICATION (Process V-A)

Item 8: Description of Request:

A. It is consistent with the comprehensive plan or corresponds to a concurrent comprehensive plan

The requested rezone is specifically contemplated in both the Happy Valley Neighborhood Plan (HVNP) and the WWU Institutional Master Plan (IMP). The HVNP and IMP specifically contemplate and authorize the proposed uses and rezoning of the subject property subject to certain conditions which will be followed. Please see: the discussion of WWU facilities under HV Goal-3 on p. 31 and the discussion of Area 1 C on pp. 45-46 of the Happy Valley Neighborhood Plan; and the discussion of District 22 on pp. 11-58 and 11-59 of the IMP.

B. It will not adversely affect the public health, safety or general welfare

The proposed rezone is consistent with many of the comprehensive plans goals and policies that have the purpose of supporting the public health, safety and welfare including preservation of existing neighborhood goals (FLU-1); promoting a strong economy through appropriate zoning to encourage growth (FLU-9); and collaboration in the neighborhood planning process (FLU-14). It also supports the State GMA goals to maintain coordinated and planned growth that provides sustainable economic development and quality of life through institutional growth that serves the community.

C. It is in the best interests of the residents of Bellingham

The rezone will result in long-term benefits to the Bellingham community and is in the best interests of the community by permitting WWU to accommodate forecasted employment and student growth in a manner consistent with the Institutional Master Plan, Happy Valley Neighborhood Plan, and Bellingham Comprehensive Plan.

D. The subject property is suitable for development in general conformance with zoning standards under the proposed zoning district

The subject property has been previously developed however it is now largely vacant land. It has suitable serving utilities and moderate topography which is very suitable for assuring compatible development under the standards for the proposed Institutional zoning. As contemplated in the IMP, appropriate development and performance standards will be established through the planned contract process when WWU proposes a specific development proposal for the subject property.

E. Adequate public facilities and services are, or would be, available to serve the development allowed by the proposed zone

The subject property has been previously developed and has suitable serving utilities including water, electricity, natural gas, and sanitary sewer. F. It will not be materially detrimental to uses or property in the immediate vicinity of the subject property

The rezone is concurrent with the IMPA and HVNP Amendment which proposes any subsequent development provide a landscape buffer and retention of the mature trees on the site. Future institutional development is restricted by the IMP to non-industrial administrative support functions. In accordance with the IMP it would incorporate natural features and public opens space (VB-3); ensure that the impact of the University's ongoing development is consistent with the community (VB-11 ); ensure compatibility with the existing neighborhood through infill development (VB-11 ); and encourage pedestrian and bicycle use though improvements and development on existing adjacent streets (VB-11 ).

G. It is appropriate because (1) Conditions in the immediate vicinity have changed sufficiently since the property was classified under the current zoning that a rezone is in the public interest

Since the Comprehensive Plan and zoning were adopted for the subject property, two changes have occurred: WWU's need for additional administrative support space has increased; and WWU has acquired all the property on the subject block. WWU's growing need for support space, and the possibility that such support space could be located on the subject property, was contemplated at the time of adoption of the Happy Valley Neighborhood Plan and this use of the subject property was contemplated in the Comprehensive Plan (Land Use Map). It is also anticipated in the WWU Institutional Master Plan (District 22).

2 RECE\VEO MAR 2 3 201U Permit Center ~ ae~ingnam 210 Lottie Street CitYO . g p\ann1n Bellingham, WA 98225 phone:360-778-8300 fax: 360-778-8301 www.cob.org

TO BE COMPLETED BY STAFF

Date Received _ ___,1_·_l.:_:l_•_1_.,___ _ Case Number __;;'::2.....'1-1->1.·~·-

COMPREHENSIVE PLAN AMENDMENT APPLICATION FORM

Use this form to apply for final review of proposed amendments to the comprehensive plan that have been accepted for inclusion in the annual docket. Applications must be submitted within 30 days of the City Council docket decision in order to continue to final review. Incomplete applications will not be accepted. If a complete application is not submitted by the deadline the proposal will be removed from the docket.

1. Submittal Requirements.

A. Site-specific proposals must complete the following:

iVPre-application conference with City staff. The purpose of the conference is to obtain guidance on the proposal. A waiver from the staff conference may be requested. See Pre-Application Meeting Information and Application and waiver forms. !?" Neighborhood meeting. See Neighborhood Meeting Instructions form. !'!"'" Comprehensive Plan Amendment Application Form. IVSEPA Checklist, including Part D for Non-Project Actions. !"r'" Submit Rezone Application Form. ,..,..- Attach a map (8.5" x 11 ") identifying the property included in the proposed amendment and showing parcels and streets located within and adjacent to the site. v Payment of fees calculated as:

Comp. plan amendment fee balance: $1,849 + $213 per acre over the first acre x 0.9 + Rezone fee: $1,902 + $213 per acre over first acre + SEPA Checklist fee: $266

= TOTAL FEE (Final fees will be calculated at the time the application is submitted. Includes notice fees.)

B. General comprehensive plan amendments (non-site-specific) must submit the following:

' Comprehensive Plan Amendment Application Form. cc A completed SEPA Checklist including Part D for Non-Project Actions. LJ Payment of fees:*

Comp. plan amendment fee balance: $1,664 (Includes notice fees.) + SEPA Checklist fee: $266

= $1,930 TOTAL FEE

•Recognized Neighborhood Associations are exempt from these fees when authorized by the City Council at the time of Docketing.

PLN -158 1011512009 1 2. Applicant: ~ 5?1'?A41NG '!! '&-I= Phone: _ _.,2'..,rl.,.-._-h=fl..,2...~ ..... 8 ... 3 ... 00;:_;;_ __ Address: \t>S \JN\~!1

City/State/Zip: ~ 1 !AJA. 4PW\ Email: 'f,C.\l,rei!oec@. ssLard111f:ec.tS.· co.., Fax: g.gp '8'2.,,~75

Name of contact if applicant is a group: _...l~~:::!!ll~_,soWo'~11r::S.~{!!:!;f:X.4g!.... ______

3. If the proposal includes general Comprehensive Plan or Neighborhood Plan amendments that are not site-specific, please describe your amendment proposal as specifically as possible and attach it to this form. If specific wording changes are proposed, show the changes in stFil1etAF8~§A and underline format. Reference the location in the Plan where the change is proposed.

4. Explain why the amendment is needed.

5. Describe why the amendment will result in long-term benefits to the community as a whole and is in the best interest of the community.

6. Describe how the proposed amendment to the plan is supported by or consistent with the existing goals and policies of the comprehensive plan and the State Growth Management Act. 'Sa:.. h-"""U?ot\cn

7. Have circumstances changed sufficiently since the adoption of the comprehensive plan and/or neighborhood plan to justify the proposed change? If so, the circumstances that have changed should be described in sufficient detail so that a finding of changed circumstances can be made and a decision as to appropriateness of the proposed neighborhood plan amendment can be reached based on information in the record.

8. Have the underlying assumptions found in the comprehensive plan and/or neighborhood plan upon which the land use designation, density or other provisions are based changed, or is new information available which was not considered at the time the plan was adopted? If so, the changed assumptions or new information should be described in sufficient detail to enable the Planning Commission and City Council to find that the land use designation or other sections of the plan should be changed. Examples of the underlying assumptions include expected population growth, utility or roadway capacities, available land supply, or demand for land zoned with the existing or proposed land use designation. ~A-~~

PLN -158 10/15/2009 2

(-31-\ 9. Does the proposed amendment' promote a more desirable land use pattern for the community as stated in the goals and policies in the comprehensive plan? Are there environmental constraints (such as wetlands, steep slopes, significant stands of trees, etc.) present on the site to such a degree that development of the site is economically or physically unfeasible under the existing land use designation? If so, a description of the qualities of the proposed plan amendment.that would make the land use pattern more desirable and/or would result in less environmental impact should be provided in sufficient detail to enable the Planning Commission and City Council to find that the proposed neighborhood plan amendment is in the community's long term best interest.

10. What impacts would the proposed amendment to the plan have on the current use of other properties in the vicinity? What measures could be taken to ensure compatibility with the uses of other property in the area?

SITE-SPECIFIC APPLICATIONS

Please complete #11 - #15. .310~·a;o3~f>i C4""1'!:,~; aS'o'3Q.\'ct}4~!.; o.:i4-"i.'57.; 11. Assessor Parcel Numbers: OB'l2.$4i O,)'Z.'Z.1oi o".>50('.>

12. Neighborhood Name: ____.o:~:cu...1.f':i_,__~"'-'--""""""<'------Area Number: _l_C.___ _

13. Current Land Use Designation: \ees.~ l".l.Ul::r1

14. Proposed Comprehensive Plan Land Use Designation:__,1_,_kmi=~_,n..,,cN!l\L.=-='------

15. Property owner:

I am the owner of the property described above or am authorized by the owner to sign and submit this application. I grant permission for the City staff and agents to enter onto the subject property at any reasonable lime to consider the merits of the application and post public notice. I certify under penalty of perjury of the laws of the State of Washington that the information on this application and all information submitted herewith is true, complete and correct.

I also acknowledge that by signing this application I am the responsible party to receive all correspondence from the City regarding this project including, but not limited to, expiration notifications. If I, at any point during the review or process, am no longer the Applicant for this project, it is my responsibility to update this information with the City in writing in a timely manner.

Signature by owne11canu~__ L8__,.~.,'----1-. +--+-a. ___ - ______Date df;;_[t...;, ,/ 2-oLo ~ City and State where this application is signed: __'P.>et-t.tN-'-=~=--~-='-"---"------­ City State

PLN -158 10/15/2009 3 Comprehensive Plan Amendment Application Form Attachment 1: Response to Questions

Item 4- The amendment is needed to accommodate Western Washington University's need for additional space for non-industrial administrative support functions, as conte.mplated in the Happy Valley Neighborhood Plan (HVNP) and the WWU Institutional Master Plan (IMP). The HVNP and IMP specifically contemplate and authorize the proposed uses and rezoning of the subject property subject to certain conditions which will be followed. Please see: the discussion of WWU facilities under HV Goal-3 on p. 31 and the discussion of Area 1C on pp. 45-46 of the Happy Valley Neighborhood Plan; and the discussion of District 22 on pp. 11-58 and 11-59 of the IMP. These functions require rezoning the property from "Residential Multi" to "Institutional". The existing Physical Plant complex, which portions of the administrative functions on the subject property may support, is located on an adjacent lot to the east.

Item 5 - The amendment will result in long-term benefits to the community and is in the best interests of the community by allowing WWU to accommodate forecasted employment and student growth in a manner consistent with the Institutional Master Plan, Happy Valley Neighborhood Plan, and Bellingham Comprehensive plan. It respects the neighborhood planning process by addressing all of the conditions stated in the HVNP for development on the site. It also strengthens the comprehensive plan's transpor.tation goals As contemplated in the IMP, appropriate development and performance standards will be established through the planned contr~ct process wherr WWU proposes a specific development proposal for the subject property.

Item 6- The amendment is consistent with many of the comprehensive plans goals and policies including preservation of existing neighborhood goals (FLU-1 ); promoting a strong economy through appropriate zoning to encourage ~rowth (FLU-9); and collaboration in the neighborhood planning process (FLU-14). It supports the State GMA goals to maintain coordinated and planned growth that provides sustainable economic development and quality of life through institutional growth that serves the community. This growth would occur without threatening the environment by utilizing land that was previously developed, located outside of sensitive areas, and adjacent to land currently being used for similar purposes and with established transportation links to the campus.

Item 7 - Since the Comprehensive Plan and zoning were adopted for the subject property, two changes have occurred: WWU's need for additional administrative support space has increased; and WWU has acquired all the property on the subject block. WWU's growing need for support space, and the possibility that such support space could be located on the subject property, was contemplated at the time of adoption of the Happy Valley Neighborhood Plan (Attachment 2) and this use of the subject property was contemplated in the Comprehensive Plan (Land l)se Map). It is also anticipated in the WWU Institutional Master Plan (District 22).

Item 8 - The underlying assumptions have not changed. The proposed land-use designation was anticipated in both the IMP and the HVNP. Item 9 - The amendment is consistent with the desirable land use patterns. There are no underlying environmental constraints. Through a proposed landscape buffer and retention of the mature trees on the site subsequent Institutional uses will incorporate natural features and public opens space (VB-3); ensure that the impact of the University's ongoing development is consistent with the community (VB-11 ); ensure compatibility with the existing neighborhood through infill development (VB-11 ); and encourage pedestrian and bicycle use though improvements and development on existing adjacent streets (VB-11 ).

Item 10 - Impacts of the proposed amendments on the current use of other properties in the vicinity would be minimal. Although development would increase traffic between the campus and the subject property, the close proximity of the subject property to the campus will limit the area of impact. This impact would be mitigated by greater utilization of Taylor Avenue, a local dead-end street, for site access and less traffic on Douglas Avenue, a neighborhood arterial. WWU will provide additional on-street parking on Taylor Avenue to offset the loss of on-street parking that will occur when 26th St. on the east side of the block is vacated. As required by the IMP, WWU will set aside a 60-foot open space buffer on the west side of the block adjacent to 25th Street. This landscape buffer would provide a neighborhood amenity and a visual buffer between the university's office buildings and adjacent apartment buildings.

2

\-31 'IT I u-1 -.

General Use Type li!'li!!!ll lndust./Res. Multi D Residential Single M lndust./Waterfront Mixed-Use lillll!I Residential Multi - Institutional IZ2J Res. Single/Res. Multi i!l!l JnstiMional/Res. Multi - Commercial lillll!I Public ~ Commercial/Industrial 1!111 Public/Institutional jg Comm./lndust./Res Multi B Public/Waterfront Mixed-Use ~Industrial Happy Valley Neighborhood Area 1C

Change from Institutional/Residential Multi to Institutional

2010 Neighborhood Plan Amendment/Rezone Process

City of Bellingham Planning & Community Development 2010 Happy Valley Neighborhood. Area 1C (#10-P4): Change from Institutional/Residential Multi to Institutional

January 2010 0 100 200 ~ Feet c:::::I Rezone Request Area N 2008 Air Photo "I

TAYLOR AVENUE ___,,_ __ ., ---- II'

111' ~· b'

., DOUGLAS AVENUE______

Schreiber Starling & Lane

;,P,';roetp,,e,,_rty"--'R_,,e,,z"'o'"n"'e-'A"'d'"ja"-'c"e"-n"-t-"to'--'-P'-'hy,_,s,,ic,,,a,,l_,_P_,,la,,n'-"t-"S"'it,,,e--'P--'l"'an"':--'S"'C"'H'-"=E'-'M"'E'-'2"-;;;== ..... N ~.--" ~1·.,.. -:liXl'IT = A~CHITECTS LEGAL DESCRIPTION

Lots 1 Trough 30, Block 252, Fairhaven Land Company's Third addition to Fairhaven Washington, now a part of the consolidated City of Bellingham according to the Plat Thereof, Recorded in Volume 2 of Plats, Page 52, in the Auditor's Office of said County and State, together with the vacated southerly 10 feet of Taylor Avenue abutting Lots 1 and 30.

\_ -L\ \ EXHIBIT E

Aerial and Vicinity Maps

\ -L\2- Happy Valley Neighborhood, Area 1C (#10-P4): Change from Institutional/Residential Multi to Institutional

January 2010 0 100 200 ~ Feet c:::I Rezone Request Area N 2008 Air Photo IT I u-1 -T

General Use Type lmi1lil lndust./Res. Multi D Residential Single • lndust./Waterfront Mixed-Use R Residential Multi - Institutional lz;il'l Res Single/Res Multi lm Institutional/Res. Multi - Commercial IKiiil Public tie),! Commercial/Industrial lm Public/Institutional ~ Comm./lndust./Res Multi lm Public/Waterfront Mixed-Use l.t\!t!?sl Industrial Happy Valley Neighborhood Area 1C

Change from Institutional/Residential Multi to Institutional

2010 Neighborhood Plan Amendment/Rezone Process jr;~ ..~ City of Bellingham Planning & Community Development 2010