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HomeMy WebLinkAbout11-20-2008 Planning Commission Meeting Minutes REGULAR MEETING NOVEMBER 20, 2008 PLANNING COMMISSION MEETING CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Chairman Todd Samuel. POSITION MEMBERS PRESENT MEMBERS ABSENT No. 1 Todd Samuel, Chairman No. 2 James Hay No. 3 Andy Anderson No. 4 David Little No. 5 Joe Cruz No. 6 Ray Rose No. 7 Tony Schouviller No. 8 Jana Kempf No. 9 Vacant APPEARANCE OF FAIRNESS: Chairman Samuel read a statement about the appearance of fairness for hearings on land use matters. Chairman Samuel asked if any Commission member had anything to declare. Commissioner Little stated he would recluse himself from the Charter College item because his son may be the architect on the project. Chairman Samuel then asked the audience if there were any objections based on a conflict of interest or appearance of fairness questions regarding the items to be discussed this evening. There were no objections. Chairman Samuel asked the audience if there was an objection to either commissioner hearing the matter. There were no objections from the audience. ADMINISTERING THE OATH: Chairman Samuel explained that state law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Chairman Samuel swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Little moved, seconded by Commissioner Hay, that the minutes dated September 16 and September 30, 2008 be approved as mailed. The Motion carried unanimously. -1- OLD BUSINESS: A. Special Permit Water Treatment Plant in an R-S-12 District (City of Pasco) (11300 Block of West Court St( (MF# SP 08-009( Chairman Samuel read the Master File number and explained that the proposed Water Treatment Plant was the subject of a public hearing last month. Chairman Samuel asked for discussion and or comments from staff. Staff had no additional comments. Commissioner Little moved, seconded by Commissioner Anderson, that the Planning Commission adopt the Findings of Fact and conclusions as contained in the November 20, 2008 staff report. Commissioner Little further moved, seconded by Commissioner Schouviller, based on the Findings of Fact as adopted, the Planning Commission recommend the City Council grant a special permit for the location of a water treatment plant in the 11300 block of West Court Street with conditions as contained in the November 20, 2008 staff report. The motion was unanimously approved. Staff noted this item would go to the City Council at their first regular meeting in December. Staff briefly explained the appeal process. B. Special Permit Location of a Church in a C-1 District (World Life Christian Ctr.) (MF# SP 08-008) Chairman Samuel read the Master File number and explained that the proposed Church was the subject of a public hearing last month. Chairman Samuel asked for discussion and or comments from staff. Staff had no additional comments. Commissioner Cruz moved, seconded by Commissioner Anderson, that the Planning Commission adopt the Findings of Fact and conclusions as contained in the November 20, 2008 staff report. Commissioner Cruz further moved, seconded by Commissioner Anderson, based on the Findings of Fact as adopted, the Planning Commission recommend the City Council grant a special permit to the World Life Christian Church for the location of a church in Suites 176, 180 and 184 of Broadmoor Square with conditions as contained in the November 20, 2008 staff report. The motion was unanimously approved. -2- Staff noted this item would go to the City Council at their first regular meeting in December. Staff briefly explained the appeal process. C. Preliminary Plat Heritage Village Phase 5, 15-Lots (Fastrack, INC.) (North end of Road 90) (MF# PP 08-002) Chairman Samuel read the Master File number and explained that the proposed Water Treatment Plant was the subject of a public hearing last month. Chairman Samuel asked for discussion and or comments from staff. Staff had no additional comments. Chairman Samuel questioned the Plat approval condition #7 and wanted clarification of what type of fence would be allowed. Staff stated fences are vinyl in this neighborhood and would be consistent to compliment the neighborhood. Chairman Samuel questioned the Plat approval condition #9 and questioned the actual dollar amount for the deposit and how that dollar amount is determined. Staff stated the dollar amount is determined by the Engineering department. Commissioner Rose moved, seconded by Commissioner Anderson, that the Planning Commission adopt the Findings of Fact and conclusions as contained in the November 20, 2008 staff report. Commissioner Rose further moved, seconded by Commissioner Hay, based on the Findings of Fact as adopted, the Planning Commission recommend the City Council approve the Preliminary Plat for Heritage Village Phase 5 with conditions as listed in the staff report of November 20, 2008 staff report. The motion was unanimously approved. Staff noted this item would go to the City Council at their first regular meeting in December. Staff briefly explained the appeal process. D. Preliminary Plat Three Rivers Crossing, 266-Lots (Hayden Enterprises, INC.) (North of Three Rivers Drive/West of Road 60) (MF# PP 08-003) Chairman Samuel read the Master File number and explained that the proposed plat was the subject of a public hearing last month. Chairman Samuel asked for discussion and or comments from staff. -3- Staff reviewed some minor clarifications in the recommended plat approval conditions. Item #20 referencing the development of Power Line Road and Item #28 referencing the Storm Water Maintenance Agreement were discussed. Commissioner Little moved, seconded by Commissioner Cruz, that the Planning Commission adopt the Findings of Fact and conclusions as contained in the November 20, 2008 staff report. Commissioner Little further moved, seconded by Commissioner Anderson, based on the Findings of Fact as adopted, the Planning Commission recommend the City Council approve the Preliminary Plat for Three Rivers Crossing Division II with conditions as listed in the staff report of November 20, 2008 staff report. The motion was unanimously approved. Staff noted this item would go to the City Council at their first regular meeting in December. Staff briefly explained the appeal process. E. Special Permit Location of a College/Technical School in a C-1 District (Charter College) (5278 Outlet Drive) (MF# SP 08-010) Chairman Samuel read the Master File number and explained that the proposed College/Technical School was the subject of a public hearing last month. Chairman Samuel asked for discussion and or comments from staff. Staff had no additional comments. Commissioner Hays moved, seconded by Commissioner Anderson, that the Planning Commission adopt the Findings of Fact and conclusions as contained in the November 20, 2008 staff report. Commissioner Hays further moved, seconded by Commissioner Anderson, based on the Findings of Fact as adopted, the Planning Commission recommend the City Council grant a special permit to Charter College for the location of a college/technical school in suites 208 and 216 of Broadmoor Square with conditions as listed in the staff report of November 20, 2008 staff report. The motion was unanimously approved. Staff noted this item would go to the City Council at their first regular meeting in December. Staff briefly explained the appeal process. PUBLIC HEARINGS: A. Rezone R-S-12 (Suburban Residential) to C-1 (General Business) (Ron Oak) (7012 W. Argent Road) (MF# Z 08-005) -4- Chairman Samuel read the master file number and asked for comments from staff. Staff stated that a notice of the hearing was published in the newspaper and mailed to surrounding property owners within 300 ft of the site. Staff reviewed recent development activity in the vicinity of Road 68 and Argent Road pointing out the commercial zoning and development that has occurred in the neighborhood. The applicant constructed a 5,400 square foot commercial/retail office building directly to the east of the rezone site in 2001. In 2003, a church was constructed at 7020 Argent Road to the west of the rezone site. Staff reviewed the written report for the benefit of the Planning Commission and explained that past rezones in the area were conditioned with a concomitant agreement to address neighborhood concerns about taverns, membership clubs, game centers and similar uses. Commissioner Rose asked what types of businesses the owner was planning on locating in the proposed project. Staff explained the owner's current strip mall to the east has offices, a pizza parlor, a fitness center, a beauty parlor, and a tax office. Chairman Samuel asked if any complaints have been received from the existing strip mall. Staff stated none had been reported. Ron Oak, 2913 Road 70, Owner 7012 W. Argent was present to speak in favor of the rezone. Mr. Oak explained the property was currently occupied with a home that needs repair. The intent is to build a strip mall to match his current strip mall to the east. Chairman Samuel called for public comment. After three calls for comments the hearing was closed. Commissioner Anderson moved, seconded by Commissioner Cruz, to close the hearing on the proposed rezone and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the December 18, 2008 meeting. Staff noted this item would return to the Planning Commission for deliberations prior to going to the City Council at the first regular meeting in January. B. Rezone I-1 (Light Industrial) to R-3 (Medium Density Residential) (City of Pasco) (1000 Block of S. -5- 5th Avenue) (MF# Z-08-006( Chairman Samuel read the master file number opened the hearing and asked for comments from staff. Staff stated that a notice of the hearing was published in the newspaper and mailed to surrounding property owners within 300 ft of the site. Staff explained in April of 2006, the City purchased the property in question along with several others for right-of-way needed for the Ainsworth rail crossing. After the completion of the Ainsworth improvements a small parcel with I-1 zoning remained at the south end of 5th Ave. The City through the Federal HOME program plans to develop the property in question along with two other parcels with some homes. The proposed rezone would allow residential development to occur on the only remaining vacant property on South Stn Avenue. Staff then explained the community benefits of infill development. Chairman Samuel called for public comment. After three calls for comments the hearing was closed. Commissioner Schouviller moved, seconded by Commissioner Hays, to close the hearing on the proposed rezone, and initiate deliberations and schedule adoption of Findings of Fact, Conclusions and a Recommendation to the City Council for the December 18, 2008 meeting. The motion passed unanimously. Staff noted this item would return to the Planning Commission for deliberations prior to going to the City Council at the first regular meeting in January. WORKSHOP: A. Development Big Pasco Industrial Center (Port of Pasco( Agreement (MF# SMP 08-0011 Chairman Samuel read the master file number opened the hearing and asked for comments from staff. Staff stated development agreements have been authorized by state law since the mid- 1990's. They were authorized as part of the regulatory reform process for local land use that occurred in 1995-1996. Development agreements attempt to set the rules so development can go forth under the land use regulations that were in effect when a permit is applied for. Vesting sets and freezes the development regulations for the life of the development agreement. State law does not specify how long development agreements are valid. Most cities allow 10-20 years with a renewal clause. The establishment of development agreements must follow the local land use processes. The proposed development agreement is site specific and therefore, the City Attorney has advised the -6- proposed agreement should not be consider in a workshop. Staff explained the agreement would be place on next months agenda as a public hearing item so proper notification can be made to the public. Chairman Samuel asked if there were any development agreements in the City. Staff stated there were none. However, a number of concomitant agreements are in place which are similar to development agreements. B. Code Amendment Sign Code Amendment (Community Event Regional Signs) (City of Pasco) (MF# CA 08- 005) Chairman Samuel read the master file number opened the hearing and asked for comments from staff. Staff explained this item was not site specific and would apply to any site in the City that would qualify under the proposal. It was further explained that there was a need in the community for signs that provided identification of large community sports, entertainment or trade show events. As a result a proposed code amendment had been drafted. Staff reviewed the proposed definition of a Regional Community Event sign. The proposal would permit off-premise signs to identify events occurring at a regional sports/entertainment/convention/trade facility containing 60 or more acres located within 1,000 feet of a freeway interchange adjacent a highway of statewide significance. The proposed would create code language similar in nature to the freeway interchange sign regulations that permit the Pasco Auto-Plex sign. Commissioner Rose asked what constituted an event. Staff clarified the proposal was not for an event, it is for facilities. It would allow regional sports/entertainment/convention/trade facilities to advertise events. Commissioner Rose was concerned about the allowable size for this type of sign. Staff stated the sign would not be larger than the Pasco Auto-Plex sign. Chairman Samuel asked if our sister cities had this type of sign code. Staff stated the City of Kennewick addresses these types of signs with a conditional use permit. Commissioner Cruz asked about the requirement for a single pole. Staff stated the use of a single pole was a height limiting issue. Chairman Samuel asked if there were any restrictions for a lighted sign. -7- Staff stated no. Planning Commission members briefly discussed the option of reviewing Regional Community Event signs through the special permit process. Commissioner Anderson and Commissioner Hay stated they were in favor of providing specific code requirements versus review through the special permit process. Commissioner Little asked if the Food Pavilion site would be eligible for this type of sign. Staff stated no, the Food Pavilion site was not large enough to meet the requirements. OTHER BUSINESS: Staff introduced Shane O'Neill, the new Planner I to the Planning Commission. With no further business, the Planning Commission was adjourned at 8:05 pm. Respectfully submitted, David McDonald, Secretary -8-