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HomeMy WebLinkAbout11-19-2009 Planning Commission Meeting Minutes REGULAR MEETING November 19, 2009 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 Vacant No. 8 Jana Kempf No. 9 Carlos Perez 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 recused himself from the Special Permit MF# SP 09-008. Staff stated that without Commissioner Little's participation there would not be a quorum for this item, therefore the doctrine of necessity for Commissioner Little's participation was recommended. No other 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 were objections to any Commissioner hearing any matter. There were no objections. 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 Kempf stated the minutes should state that Commissioner Schouviller was not in attendance at the October 15, 2009 Planning Commission -1 - Meeting. Commissioner Little moved, seconded by Commissioner Hay, that the minutes dated October 15, 2009 be approved as corrected. The Motion carried unanimously. OLD BUSINESS: A. CODE AMENDMENT Title 19 & 25 Dealing with RV's and Residential Parks (Citywide) (City of Pasco) (MF# CA 09-003) Chairman Samuel stated that due to the large amount of people present for the public hearings, old business would be addressed after the public hearings. PUBLIC HEARINGS: A. PRELIMINARY PLAT Linda Loviisa Division II (North of I-182, south of Burden Blvd and east of the Soccer Complex) (AHO Construction)(MF #PP 09-003) Chairman Samuel read the master file number and asked for comments from staff. Staff explained the proposed preliminary plat had previously been approved in 2005. The five year approval period expires in March 2010. AHO Construction has resubmitted the remaining portions of their site for renewal of the preliminary plat as previously approved. Staff reviewed the site conditions and information provided in the written report for the benefit of the Planning Commission. It was pointed out the reapplication was consistent with the original application in all respects except for the phasing scheme. Chairman Samuel asked staff if there were any special conditions placed on the plat that would be different if the application was for an original preliminary plat. Staff stated that this application is being treated as a new plat with conditions applicable to a new plat. Chairman Samuel asked if a transportation study was obtained when plat was originally approved in 2005. Staff stated JUB prepared a traffic study specifically for this plat in 2004. Additionally a transportation study and plan was prepared for the whole I-182 corridor in August 2004. Since that time the plan has been updated with supplemental documents by the TRANSPO Group. The latest update was in January 2009. The Transpo Group has been tracking the transportation needs -2 - in the corridor and identifying the various projects that need to be implemented to ensure a level of"D" service is maintained. Chairman Samuel asked if the transportation planning process factored all of the developers lots into recommendations for transportation projects needed to be accomplished to maintain a level of service "D". Staff stated yes, the Transpo study took into consideration all of the possible sub-divisions that could be built in the I-182 area. Basically the study was prepared at the full build out level. All of the transportation projects within the report are based upon transportation demand at full build out. Chairman Samuel questioned if the latest study addresses the current service level as "D" or "F. Staff believes it currently is "D" but will drop to an "F" if the projects in the report are not built. Chairman Samuel was concerned that additional homes will bring additional traffic and questioned if transportation planning will accommodate that situation. Staff stated yes, the report is continually reviewed and updated every few years. In January 2009, the traffic impact fee went from $300 to $709 due to Transpo's identification of additional projects which will be needed to accommodate the growth. Commissioner Samuel stated the City standard for estate fencing changed since 2004, and questioned if that change had been incorporated into the proposed approval conditions. Staff stated it has been addressed with one minor variation. The recommended condition states the block wall will start at Salem Drive and go south. Staff is recommending that the five or six lots on the eastside of Madison Avenue north of Salem continue with vinyl fencing for consistency. Commissioner Kempf made a statement about standardizing the type of walls allowed on 1-182. Staff stated there is a standard for a sound wall along the freeway. The wall must be approved by the City which ensures there will be consistency in the look of the wall for compatibility with the neighboring walls. Commissioner Anderson asked what type of wall would be installed along the property line of the soccer fields. Staff stated it would be a block wall. Twelve hundred feet of the wall is already in place. -3 - Jason Maddox, HDJ Design Group, Burden Boulevard was present on behalf of AHO Construction. Mr. Maddox reviewed the layout of the plat and explained the only change was in the Phasing. The eastern section still contains 10,000 foot lots and 7,200 square foot lots are adjacent to the soccer fields. The project is rephrased due to the current market condition. Currently the development is building 7,200 square foot lots and the market demand is for larger lots that will accommodate larger homes and 3-car garages. The rephrasing was also designed to help address dust, tumbleweeds and debris blowing into Desert Plateau. With the re-phasing, a cover crop would be planted and irrigated to keep those types of nuisances to a minimum. The re-phasing also provides for Madison Avenue to be built sooner rather than later. With Madison Avenue a new six foot block wall/fence will be installed to create a barrier from the nuisances caused by the wind. Commissioner Anderson asked Mr. Maddox if Madison Avenue would be built in Phase4, and if that would tie into Road 44. Mr. Maddox stated Madison Avenue would come down and stop at the eastern most property line. Chairman Samuel asked Mr. Maddox if there was a time estimate for the different phases. Mr. Maddox stated approximately two phases would be completed over the next two years. Chairman Samuel asked if the applicant has a plan to move forward on phase I. Mr. Maddox stated the applicant cannot move forward until the preliminary plat is approved. The applicant intends to start building in the spring. Chairman Samuel opened the public hearing. Eileen Crawford, 4506 Yuma Drive, commented on the existing estate fencing currently in place. She provided some picture identifying damaged fencing. Ms. Crawford asked that the fencing on the east side of Madison be all block walls. Rather than starting a Salem Drive. Ms. Crawford also submitted picture to highlight the problem with tumble weeds collecting in Desert Oasis. She comment about keeping Sierra Drive and Desert Plateau Drive blocked off until the project is complete due to the traffic of children going to school. Mark McFarland, 4001 Mojave Drive discussed traffic issues, dust problems, lot sizes, lack of park development and phasing. Dr. McFarland explained his own version of how the phasing should be planned so as to leave an undeveloped buffer area along Desert Plateau. -4 - William Bancroft, 5115 Desert Plateau Drive agreed with Dr. McFarland statements. He explained the original agreement (plat approval) had the last phases 10 and 11 along Desert Plateau to protect their property, keep a buffer between them and to, minimize traffic on Desert Plateau and Sierra. He did not believe there was justification to change the layout just because the developer wanted access to 10,000 square foot lots. He commends the developer on keeping Desert Plateau and Sierra closed until the last house is completed. Bill Koop, 5011 Hilltop Drive stated he agreed with Dr. McFarland, Mr. Bancroft and Mrs. Crawford. Staff pointed out the proposed approval conditions contain language which addresses the dust issue. Including requiring the developer to develop a mitigation plan and placing a cover crop on the site to control dust. Staff also pointed out the barricade requirement for connecting streets. Commissioner Anderson asked how much authority the Planning Commission had regarding how the developer phased the development. Staff stated the Commission has some latitude, but they need to be reasonable in what is required. If restrictions are placed on the plat that are onerous and the developer cannot develop to meet market demand, then the project fails.. Commissioner Anderson asked if there was legal precedent to dictate to a developer how he phases his plat. Staff stated yes, it was done five years ago by the City Council. Chairman Samuel asked the applicant to address the concerns of the citizens. Mr. Maddox stated the previous phasing was dictated by the previous owner of the property, Frank Tiegs; AHO has since purchased the entire property. The proposed phasing will create barriers to address the dust and weed issues. There will be walls built along Madison Avenue and the homes will have cedar fencing. Chairman Samuel asked if AHO was aware of the current weed problem and if they are concerned. Mr. Maddox stated AHO is concerned and the weeds are blowing onto their property just as they are blowing onto the neighboring resident's property. A cover crop will be in place in the future to prevent some of the issues. The phasing will allow for the cover crop to remain longer. Chairman Samuel asked when the estate wall would be in place. Mr. Maddox stated the wall would go in concurrent with the roadway on Madison Avenue. -5 - Commissioner Hay stated Mr. Bancroft's suggestions should be considered. Mr. Bancroft stated he has lived there for 10 years and the irrigation was woefully inadequate for dust and weed control. Mrs. Crawford stated the weeds would be addressed with the construction of the new homes and fences. Chairman Samuel called for any other public comments, after three calls and no answer, the public hearing was closed. Staff stated the previous plat approval conditions required the developer to dedicate the park with the first phase. There were no requirement as to when it would be developed. The park would not be built until the City receives the fees from the lots and the fees are not collected until the homes are built. Chairman Samuel clarified that the City's was responsible to develop the park and not the developer. Staff stated yes, typically when subdivisions are undertaken the City does not accept the dedication of the park with the first phase of a plat. Usually the park is dedicated and built towards the later phases. In this case the neighbors want the park dedicated up front. Commissioner Kempf asked if a meeting would be called with the Transit Authority to go over their concerns about parkways, bike paths, etc. Staff stated no, the Transit Authority commented on the plat not having enough streets connecting to the other subdivisions. Staff pointed out residents in the adjoining subdivisions do not want more connections. It was explained that bus service is typically provided on the arterial streets and residents walk or bike to the arterial streets where bus stops are located. Madison Avenue will connect to Road 44 which will provide a route for the Transit Authority. The Transit Authority also suggested the development be developed in the neo-traditional fashion which means the old fashioned grid pattern, 1 block for every 300 feet rather than a curve-a-linear street pattern as in Desert Plateau and some of the other neighborhoods. Staff explained every street in the subdivision will have sidewalks which would be used as pathways to get to the arterial streets. The Transit Authority also concerned about the location of the park because of the distance residents may have to travel to access the park. Staff explained the location of the irrigation well was a major factor in the location of the park. Chairman Samuel mentioned the lack of bicycle lanes. Staff stated typically in residential neighborhoods there are no bike lanes designated on local streets. Traffic is low enough that bike lanes are not needed on local streets. However, on arterial streets, there are bike lanes designated. -6 - Commissioner Anderson moved, seconded by Commissioner Hay, to close the hearing on the proposed preliminary plat and initiate deliberations and schedule adoption of the findings of fact, conclusions and a recommendation for the City Council for the December 17, 2009 meeting. The motion passed unanimously. Staff stated this item will come back for deliberations in December. Prior to the December 17th meeting, staff would like direction in regards to blocking off Sierra Drive; and also the phasing scheme. Commissioner Anderson stated he is in favor of changing the language for the barricade on Sierra Drive. Commissioner Hay stated he is in favor of Mr. Bancroft's suggestion for phasing. Commissioner Anderson stated the underlying issue with the phasing is in regards to the dust and weeds and does not feel the phasing would need to be changed. Commissioner Kempf stated item #16 covers the issue with the installation of a cover crop. Commissioner Little is in favor of properly installing irrigation for the cover crop. Chairman Samuel stated he is not in favor of dictating the phasing; however he would like to see Code Enforcement enforce City standards in regards to weeds piling up on fences and preventing the nuisances. B. SPECIAL PERMIT Preschool in an R-S-20 District Imagination studios Academy Preschool (Faith Assembly of God Christian Center) (1800 Rd 72)(MF# SP09- 008 Chairman Samuel read the master file number and asked for comments from staff. Staff stated the applicant has applied for a special permit for a preschool, which has been in operation for the past five years. The issue of the preschool in the Faith Assembly Church was brought to the forefront as a result of the special permit application for a corn maze on the church property. Staff reviewed the information provided in the written report for the benefit of the Planning Commission. Chairman Samuel asked if the daycare was licensed with the State and had been operating for the past five years and if there were any complaints of their operation. Staff stated they have not received any complaints regarding the facility. -7 - John Schline, 1908 Road 72 stated he is the associate pastor of Faith Assembly and he lives just north of the church parking lot. Faith Assembly has been in the community for the past 50 years and at this site since 1984. They were approved through State licensing for a daycare on November 3, 2004. They completed the requirements of the WAC codes and guidelines. They were given a letter which stated the local planning office had been notified. Mr. Schline stated if any additional information was requested they would've complied, but were unaware of the special permit requirement. They have not received any complaints until Mr. Lenk shared his opinion on the matter. Mr. Lenk has shown over the last six years that he has a severe dislike for the church in many ways. Once they were made aware of the lack of a special permit with the City, they immediately had a meeting to rectify the situation. Chairman Samuel asked Mr. Schline was aware of the testimony during the special permit application for Haywire Farm. Mr. Schline stated he was aware but was unable to attend the hearing. Chairman Samuel asked if there were any action taken by the church or if he believed the testimony was correct and what was his response. Mr. Schline stated the testimony was correct in some cases. As a neighbor he feels it is not 100% accurate to blame the traffic conditions on the church. He mentioned the Ivy Glades neighborhood traffic and the number of teenagers that live in the area that do not attend Faith Assembly that are contributing to the traffic as well. Chairman Samuel asked if any changes in operation have been made. Mr. Schline stated they have mentioned it to their church. He has personally called the police to report traffic violations regardless if they are members of their church or not. Chairman Samuel opened the public hearing. Lance Hobson, 7531 Sandy Ridge, stated he was emotional about the matter because his daughter attends the preschool and he is upset about the complaint. Roger Lenk, 1817 Road 76, stated he is in support of this special permit with one minor condition. He asked that the approval conditions be modified to limit the permit to the preschool and that special event licenses be required for s extracurricular activities on the church property. Mr. Lenk then read a letter highlighting issues with various activities that have occurred on the church site in the past. Chairman Samuel asked Mr. Lenk if the Planning Commission did not recommend the special events requirement be added to the special conditions, would the neighborhood not be in support of the preschool. -8 - Mr. Lenk stated that was correct. He is very supportive of the preschool; however they are not in favor of the extracurricular events that are taking place at the church. They are very disruptive in the neighborhood and are not consistent of activities related to a church. Chairman Samuel asked if the special permit for the operation of the preschool would be a nuisance. Mr. Lenk stated it is indicative of the applicant's total disregard for the neighbors. They are a very poor neighbor. Leslie Wolf, 4110 Finnhorse Lane, asked if the TRAC facility notified every neighbor for events at TRAC. She does not think this is about the preschool; it is about a disgruntled neighbor having an issue with the church and using the preschool as leverage due to the special permit. Laurie Combs, 6106 Dorchester Court, stated her son attends the preschool and loves it. She stated the traffic is due to the congestion on Road 68. She stated the extracurricular events do not disturb the neighborhood. Danielle Sharp, 3508 Chardonnay Drive, stated she has lived in Pasco for the 8 years. She is embarrassed about traffic conditions on Road 68. There is a lack of activities for children to do after school; such as libraries. She stated there are several churches in the neighborhood and is upset that Faith Assembly is being pointed out. Chairman Samuel called three times for public comment and called the applicant to address the concerns. Mr. Schline stated he is aware of the requirements for a special event, however does not understand how activities performed on the church property require a special events permit. During the demolition derby, the police were called and the church was fined. He questioned why the church needed to apply for every activity. Chairman Samuel stated the testimony is for the Planning Commission to make a recommendation to City Council. Mr. Schline stated the findings of fact should be corrected that the preschool is a non-profit and is not operating as a for-profit as stated by the complainant. He stated the church wants to do what the rules state and Mr. Lenk is trying to associate different things with the preschool on the matter. The corn maze was a separate issue. Commissioner Little asked Mr. Schline to describe the traffic flow for the daycare, the hours of operation and the number of students. Mr. Schline stated there are 85 students attending the preschool. It was mentioned that there were 18 students. He stated a state license is not -9 - necessary to operate a preschool for less than four hours a day. They have a State license to operate a full day in one classroom. Monday, Wednesday and Friday there are 40 students which come in approximately 35 cars between 8:45 and 9:15 am and then from 11:45 and 12:15. In the afternoon there is a classroom that has 9-11 students, 8-10 cars which would arrive from 12:45 and 1:15 and then again from 3:45 and 4:15 pm. Commissioner Little asked if there was a preschool and daycare operating in the church. Mr. Schline stated they do not provide daycare; it is a morning or afternoon preschool program. Community & Economic Development Director, Rick White stated generally speaking an accessory use is something commonly associated with an operation of a particular land use. Church events would consist of weddings, graduations, different social type events. He stated staff does not want to license all different types of land uses that are considered to be typically associated with the permitted or given land use. Chairman Samuel commented on the several items brought up and how they affect the neighbors due to the operations of Faith Assembly. Commissioner Anderson suggested closing the public hearing, prior to deliberations. Phil Schmitt, 5604 McKinley Court stated he is in favor of the preschool. He was the applicant for Haywire corn maze. He stated there have been no complaints about the preschool until after his application for the corn maze. Chairman Samuel closed the public hearing. Chairman Samuel mentioned the request for the special condition for special events. Commissioner Kempf stated the Code Enforcement should address the sign issue and special events should be addressed as presented. Commission Anderson moved, seconded by Commissioner Kempf, to close the hearing on the proposed special permit and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation for the City Council for the December 17, 2009 meeting. The motion passed unanimously. C. CODE AMENDMENT RV Parking in suburban zones (Citywide)(City of Pasco) (MF# CA 09-002) -10 - Chairman Samuel read the master file number and asked for comments from staff. Staff stated this item was previously presented at a workshop and briefly described the proposed code amendment. From past workshops the Planning Commission identified alternatives 1 and 5 as preferred alternatives to consider for a possible code amendment. After briefly discussing the alternatives Staff reviewed a letter from a property owner Tim Fife addressing a possible 6th alternative of measuring a set back from the roadway instead of the right-of-way line. Commissioner Anderson asked what regulations applied when the properties were annexed into the city. Staff stated due to the Growth Management Act, the City and County were required to develop joint and consistent zoning regulations. Therefore the County has RV parking restrictions which were the same as the City's. The properties were annexed in 1996 or 1997 about the time when the ordinance was created. Prior to that, the County did not have parking standards for RV's. Commissioner Anderson stated when areas were annexed property owners were told that there would not be any lifestyle changes. The City needs to honor that. Staff stated grandfathering is difficult when it comes to the issue of anything that is mobile. Staff questioned if his statement is relative to changing it to the current County code or what the County code was when the property was originally developed. Commissioner Anderson did not feel there needed to be grandfathering, however the City needed to be mindful of not significantly altering lifestyle. Chairman Samuel asked if the present City and County code are the same. Staff stated yes. Commissioner Anderson stated he was in favor of the alternative which allowed parking along the driveway with a minimum of a 15 foot setback. Chairman Samuel asked what was the level of energy citizens have related to complaints on the issue. Staff stated they do receive complaints that are reported to Code Enforcement. Commissioner Little questioned the landscaping requirements for the front yard of the smaller lots. Staff stated landscaping needed to equal 50% of the front yard exclusive of the driveway area. -11 - Commissioner Little stated it becomes somewhat restrictive where you cannot park in the front of the house or on the side. Chairman Samuel clarified that is the current code. Chairman Samuel opened the public hearing. Laurie Fife, 411 Road 37 stated her husband sent in the letter. They have been issued citations from Code Enforcement and have since put in parking alongside the garage for RV parking. She did not understand setbacks and the purpose for setbacks. She did not understand what visibility was about. She stated lives in a recreational area and property owners have boats, etc. and she believes this does not create an eyesore. Chairman Samuel asked Mrs. Fife if they were aware of the code when they purchased their RV. Mrs. Fife stated they owned the RV's when they were in Franklin County prior to the annexation. They poured the concrete to meet County requirements at the time. Chairman Samuel questioned Mrs. Fife if she understood why Code Enforcement has cited them. Mrs. Fife stated her husband has come in to have this addressed and they do not understand why there is an issue. Chairman Samuel clarified that they were unaware of the proper parking areas. Commissioner Little questioned Mrs. Fife about the location of her boat from the road. Mrs. Fife stated she had the capability to parking a vehicle and a half in front of the boat before the edge of the road. Commissioner Little stated about 20 feet. Chairman Samuel asked staff to address the 15 foot setback. Staff stated the setback was developed to maintain site visibility and the diagram was developed with the most hazardous situation as an example. Mr. White further commented stating the function of the streetscape, safety and appearance is a concern and a portion of the whole issue. Chairman Samuel clarified whether a property was annexed or not, City or County, the standard is the same. -12 - Staff stated the regulation have been in place for the past 15-20 years in the city. The driver was partially aesthetics and safety. R-S-12, R-S-20 and R-S-1 zones require RV's be placed in the rear or back yard due to those districts having larger setbacks. Originally RV's were being parked on streets and electrical cords were laid across driveways and sidewalks. The situation also caused an inconvenience for neighbors pulling out of their driveways who could not see around the RV. Mrs. Fife understood the explanation. Chairman called for public comment and after three calls, the public hearing was closed. Commission Kempf moved, seconded by Commissioner Hay, to close the hearing on the proposed RV Parking code amendment and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation for the City Council for the January 19th, 2010 meeting. The motion passed unanimously. OLD BUSINESS: A. CODE AMENDMENT Title 19 & 25 Dealing with RV's and Residential Parks (Citywide) (City of Pasco) (MF# CA 09-003) Chairman Samuel read the master file number and asked for comments from staff. Staff stated at the October hearing the Planning Commission considered various amendments to Title 19 & 25 dealing with definitions and use of recreational vehicles as primary residences in mobile home parks. Staff further explained the City's Lobbyist had indicated the direction taken in the initial code amendment was going further than the State Legislature intended. Based on that word of caution, staff requested action on the proposed amendment be tabled until the November meeting. In the meantime, staff continued the discussion with the State Lobbyist and the recommendation was to focus on the life, health and safety standards, primarily on hygiene measures. These would include plumbing and utility connections and possibly the use and location of propane tanks. With that in mind, the draft ordinance was modified to address some minor safety items and the hygiene measures identified in the bill. The proposal before the Planning Commission will not jeopardize the relationships that were forged as a result of the compromise bill that was achieved this last Legislative Session. Chairman Samuel stated originally staff presented the proposed ordinance with a number of requirements that have since been removed. The Chairman explained the modifications dealing primarily with plumbing, gas and hygiene facilities for sewage, will accomplish the protection of other residents in -13 - mobile/RV parks and allow us to move forward without ending up back in court. It appears that we are the first community going forward on this. Again, Staff explained the new Law was a compromise reached on the City's behalf and request. The original bill would have literally preempted any local regulation of RV's used as primary residences. Commissioner Hay moved, seconded by Commissioner Little, that the Planning Commission adopt the finding of fact and conclusions as contained in the November 19, 2009 staff memo on Code Amendments for Title 19 8v Title 25. The motion passed unanimously. Commissioner Hay further moved, seconded by Commissioner Anderson, that the Planning Commission recommends the City Council adopt the proposed Code Amendments, modifying PMC Title 19 8v PMC Title 25 as attached to the November 19, 2009 staff memo to the Planning Commission. The motion passed unanimously. Staff stated this item would proceed to a Council workshop before final action by the City Council. OTHER BUSINESS: Mr. White stated the Boat Basin and Port of Pasco remediation area planning process is underway. Makers Architecture was selected as the consultant. The study will be funded mostly by the Port and partially by the City. Makers Architecture are expected to begin in January 2010. An advisory committee will be formed and it would be appropriate if a couple of Commissioners' would be involved during the planning process which should last approximately six months. Commissioner Kempf and Commissioner Hay volunteered to participate. Mr. White stated the workshop and project kickoff would be January 20, 2009 and is open to the public. With no further business, the Planning Commission was adjourned at 9:52 pm. David McDonald, Secretary -14 -