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 <C I - co -;-;!;<, ','-,/- - ' ....,._'.--- -, WESTERN i~ ~'<:- - .--~._ ( WASH. UNIV. '~ HAPPY VALLEY 8 SEHOME '" w HILL •1> ;;!' 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.