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HomeMy WebLinkAbout09-18-2008 Planning Commission Meeting Minutes REGULAR MEETING September 18, 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. No declarations were made. 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 Cruz, that the minutes dated August 21, 2008 be approved as mailed. The Motion carried unanimously. -1- OLD BUSINESS: A. Special Permit Location of a New Middle School at the SW corner of Road 52 & Powerline Road (Pasco School District) (MF# SPOS-007) Chairman Samuel read the master file number and asked for comments from staff. Staff made brief comments about the findings of fact and discussed some clarifications in the recommended conditions of approval. Chairman Samuel asked it the City Engineer had reviewed the proposal as far as what utilities are needed and what costs would be associated with the project. Staff explained the City Engineer had reviewed was still in the process of reviewing utility plans and road construction plans for Road 52. Staff explained both a water line and sewer line would be installed in Road 52. Road 52 would be a fully constructed street as per the sales agreement between the property owner and the Pasco School District. The cost of the street and utility improvements are the responsibility of the Pasco School District. Any additional requirements, such as the improvements along Powerline Road, would also be the responsibility of the Pasco School District. Chairman Samuel asked about the capacity of the proposed utilities to serve other future housing developments. Staff stated current utility lines particularly sewer do not have the capacity to serve any future development north than Power Line Road. Chairman Samuel stated the Pasco School District undertook an extensive search to locate a parcel of land large enough to fit the needs of the District for the new middle school. The Chairman also noted he recently toured School Districts Facilities and stated the District was doing a remarkable job of handling the overpopulation at several of their schools. The Chairman stated there was a desperate need for more facility space. Commissioner Kempf moved, seconded by Commissioner Anderson, the Planning Commission adopt the Findings of Fact and conclusions as contained in the September 18, 2008 staff report. The findings were unanimously adopted. Commissioner Kempf further moved, seconded by Commissioner Anderson, based on the finding of fact as adopted, the Planning Commission recommend the City Council grant a special permit to the Pasco School District for the location of a new middle school at the southwest corner of Road 52 and Power -2- Line Road with conditions as contained in the September 18, 2008 staff report. The motion was unanimously approved. Staff noted this item would go to the City Council at their first regular meeting in October. Staff briefly explained the appeal process. B. Rezone C-1 (Retail Business) to B-P (Business Park) (Rod McClaskey) (2701 W. Court)(MF# Z08-002) Chairman Samuel read the master file number and stated this item had been previously discussed at the last Planning Commission meeting. The Chairman explained that due to the growing number of business vacancies along Court Street on both sides of Highway 395 serious consideration was given to rezoning the property from C-1 to B-P to attract new development and alleviate the vacancies causing blight on the neighborhood. Commissioner Hay moved, seconded by Commissioner Anderson, the Planning Commission adopt the Findings of Fact as contained in the September 18, 2008 report. The Findings were unanimously adopted. Commissioner Hay further moved, seconded by Commissioner Anderson, based on the Findings of Fact as adopted, the Planning Commission recommend the City Council rezone the site from C-1 (Retail Business) to B-P (Business Park). The motion was unanimously adopted. Staff noted this item would go to the City Council at their first regular meeting in October. Staff briefly explained the appeal process. PUBLIC HEARINGS: A. Rezone C-3 (General Business) to R-3 (Medium Density Residential) (Beacon Development) (800 Block of N. Wehe Street) (MF# Z08-004) Chairman Samuel read the master file number and asked staff for comments. 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 the rezone application and reviewed the significant changes that had taken place in the neighborhood over the last 10 years. Noting a new elementary school, a middle school, and two new subdivisions had been built in the neighborhood with new homes and streets. The City also recently purchased more land to upgrade and expand Highland Park. Staff then reviewed the written report for the benefit of the Planning Commission and pointed out the assessed value per capita in Pasco was lower than assessed Richland and Kennewick and Pasco. With the property potentially being owned by the Catholic Diocese of Spokane there was a concern about property taxes. -3- Staff recommended a condition be place on the rezone requiring the payment of taxes. Chairman Samuel asked if there were adequate utilities in the area. Staff stated the utilities would need to be extended by the developer if a project was to move forward. Paul Purcell, 1221 East Pike St, Seattle, Beacon Development stated he represented Beacon Development on behalf of Catholic Housing Services of Eastern Washington. Mr. Purcell spoke in favor of the rezone. He stated allowing this type of project meets goals of the City's Comprehensive Plan. Mr. Purcell understood the need to extend the water/sewer lines Mr. Purcell pointed out the Tepeyac Haven project on 22nd Avenue has been awarded the first Gold Leed Certified Affordable Housing Project in the country. It has been recognized nationally for the quality of construction and energy efficiency. Mr. Purcell then briefly discussed the need for additional housing in the community. Chairman Samuel asked if there were future plans to develop more housing projects with the City of Pasco. Mr. Purcell stated no. Chairman Samuel closed the public hearing. Commissioner Little stated Tepeyac Haven had a very nice appearance and mentioned the rezone should be conditioned related to the need to pay taxes. Staff commented it would be added. Commissioner Rose 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 October 16, 2008 meeting. The motion passed unanimously. B. Code Amendment Critical Areas Ordinance (City of Pasco) (MF# CA08-003) Chairman Samuel read the master file number opened the hearing and asked for comments from staff. Staff explained the Growth Management Act (GMA) requires all cities in the state to prepare a Critical Areas Ordinances to protect critical habitat areas and property and life from geologic hazards areas. The GMA defines critical areas as wetlands, aquifer recharge areas, fish and wildlife habitat areas, frequently flooded areas and geologically hazardous areas. -4- Staff then reviewed the proposed code section by section for the benefit of the Planning Commission. Chapter 28.04 explains the purpose and the intent of the Critical Areas ordinance,. Chapter 28.08 contains a list of definitions. Chapter 28.12 contains general provisions and the remaining Chapters 28.16 through 28.32 contain the regulatory requirements for each type of critical area. Staff noted the model ordinance contained 158 pages and the proposed code for Pasco contained 48 pages. Staff further explained following Planning Commission action the proposed code would be sent off to the State for the required 60 day review period. Commissioner Cruz asked what happens if the State does not make any comment. Staff commented that if there was no response, the ordinance could be adopted by the City Council. If there are comments, it may need to be revised and resubmitted. Benton City's ordinance was recently rejected by the Department of Ecology and need to revise and resubmit. Chairman Samuel opened the public hearing and after three calls with no answer, the hearing was closed. Chairman Samuel expressed concern about balancing the need to protect critical areas with the importance of preserving public access and beneficial economic use. Staff further commented the economical use of property is addressed in the purpose statement. Chairman Samuel proposed adding to Chapter 28.04.020, that while balancing and protecting the citizens access and beneficial use of the property by further preserving and defining reasonable use and exemptions. Commissioner Anderson was not in favor of modifying the proposed code. Commissioner Cruz stated he was concerned the proposed addition might provoke a response from the State; where as the current version would not. Commissioner Rose asked if there were homeowners on the land along the Columbia River Bend area designated as a critical area which might be affected. Staff stated there are no homeowners in that area. Commissioner Hay moved, seconded by Commissioner Kempf, the Planning Commission recommend the City Council adopt the Critical Area regulations to be codified as Title 28 of the Pasco Municipal Code. The motion was unanimously approved. -5- With no further business, the Planning Commission was adjourned at 7:53 pm. Respectfully submitted, David McDonald, Secretary -6-