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HomeMy WebLinkAbout10-15-2009 Planning Commission Meeting Minutes REGULAR MEETING October 15, 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 Tony Schouviller 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. 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 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 Little noted two corrections on page three of the minutes where his name appeared twice in two motions. The correction was noted. Commissioner Hay then moved seconded by Commissioner Little, that the minutes dated September 17, 2009 be approved as corrected. The Motion carried unanimously. -1 - OLD BUSINESS: A. REZONE Rezone from R-1 to C-1 (4200 Block of West Court) (Goodwin) (MF# Z 09-006) Chairman Samuel read the master file number and asked for comments from staff. Staff explained a concomitant agreement restricting carwashes has been written and will be signed before going to City Council. Commissioner Anderson moved seconded my Commissioner Little, to adopt the Findings of Fact as contained in the Oct. 15th 2009 staff report. The motion passed unanimously. Commissioner Anderson moved, seconded by Commissioner Little, based on the Findings of Fact as adopted, the Planning Commission recommend the City Council rezone the site from R-1 (Low Density Residential) to C-1 (Retail Business) with a concomitant agreement precluding carwashes. Staff explained the appeal process for the audience. PUBLIC HEARINGS: A. SUB-AREA PLAN Broadmoor Sub-Area Plan (West of Broadmoor Boulevard and north of Harris Road) (City of Pasco) (MF# CPA09-001) Chairman Samuel read the master file number and asked for comments from staff. Staff explained that several months ago the Planning Commission held a workshop to review a draft of the Broadmoor Sub-Area Concept Plan. Staff discussed the significant growth that has occurred in the community over the last 10 years and explained very few areas were left to be developed. The major area left to develop was the Broadmoor Area west of Broadmoor Boulevard and north of Harris Road. Following the earlier workshop staff explained property owners within the Broadmoor Area were mailed a copy of the draft plan and invited to a meeting to provide input on the Plan. Two letters were received in response to the draft Plan and representatives of two major property owners attended the meeting. -2 - As a result of property owner comments a few minor changes were made in the Plan. Staff then reviewed the contents of the Plan for the benefit of the Planning Commission. The Plan contains a discussion on existing conditions, an explanation of development constraints, development concepts, a land use concept map, a zoning concept map, and policy statements to guide future growth. Chairman Samuel asked how or where the gravel pit would grow in the next 17 plus years. Staff explained the mineral designation area in the plan identifies most of the area that can be mined for gravel although Central Pre Mix has a lease on some additional lands. Chairman Samuel asked if the gravel would be mined out by the year 2028 and what would happen at that point in time. Staff explained that it would depend on the pace of construction in the region whether or not the gravel would be mined out. If it was not mined out, Central Pre- Mix would have the option of applying for a new special permit\. Chairman Samuel asked if there had been much interaction between developers and staff over development in the study area. Staff stated there has not been a lot of interaction. Most of the inquiries have been from developers that want to develop a few acres. The owner of most of the land in the area has not been interested in doing small piece meal development projects. Commissioner Little asked if the plan addressed the size of lots and the type of houses that could be built. Staff stated the plan does not. The Plan provides guidance on where residential development should be located. Lot sizes are established during the zoning and subdivision process. Chairman Samuel opened the hearing for public comment. Dirk Stricker, 3104 S. Morain Place, Kennewick stated he was present on behalf of Dale Adams, the owner of a large portion of the study area. Mr. Stricker stated he met with staff in August and they are in general agreement with the broad approach of the plan. -3 - Max Burns, 7872 Byers Road, stated his family was in favor of the Plan. Mr. Burns wanted to see Dent Road extended to Broadmoor Boulevard to relieve traffic on Harris Road. Craig Mayfield, Central Pre-Mix 3911 S. Dennis, Kennewick, stated he thought the concept was good but the lack of participation by the property owners was not good. Mr. Mayfield stated Central Pre-Mix was willing to participate but, they need to coexist with the City. Mr. Mayfield also explained that the pace of construction in the area will dictate how much excavation occurs in the gravel pit. Mr. Mayfield explained that the aggregate in this area is some of the most valuable aggregate in the northwest and a lot of it is under other properties to the west of the pit. Dave Wilson, 10723 W. Court Street, was at the August meeting and was generally in favor of the Plan. Bart Gallant, 12905 Shoreline Road, was generally in favor of the concept. His overriding concern was that the area should develop in a large scale manner rather than being cut up into small developments that may ruin the long term development. Following additional comments from Craig Mayfield about the importance of working together the Chairman closed the hearing. Mr. Anderson stated he would like to hear from the other property owners about public participation before sending the matter on to the City Council. Commissioner Rose expressed the concern about how the area could be developed in the midst of the gravel mining activity. Chairman Samuel reopened the hearing to ask property owners whether or not they felt additional meetings would be need on the Plan before it was passed on to the City Council. Max Burns stated he thought things were headed in the right direction. He was not opposed to having additional meetings. Chairman Samuel asked those present if they wanted to have additional input before the plan goes forward. Dave Wilson stated the plan had a lot of flexibility. The problem with the previous plan was the fact property owners did not have a lot of input. Mr. Wilson stated he could see additional meeting as things move forward. He agreed that his property would develop for residential uses and that is why he agreed with the plan. Mr. Wilson stated the plan has enough detail but, is general enough to go forward to the City Council. -4 - Bart Gallant stated the conceptual framework is sufficient at this time. His main concern was that the area should not be developed in a piece meal fashion. He thought the current plan has enough detail to go forward to the City Council. Dirk Stricker concurred there was enough information in the Plan to go forward and take it to the City Council. Craig Mayfield stated the process forward will have to include Central Pre-Mix DNR and the City of Pasco. Rick White, Community & Economic Development Director, stated that when staff began this project knew there were significant challenges. The plan was purposefully done in a broad brush fashion to identify land uses and a road network so the community can start looking ahead for future public investment for funding for infrastructure needs. Chairman Samuel stated what he heard in the hearing was the property owners would like to work more closely with the city in the future but, there was enough detail to go forward to the City Council. Chairman Samuel closed the hearing. Commissioner Little moved, seconded by Commissioner Kempf, to adopt the Findings of Fact, as contained in the Broadmoor Sub-Area Concept Plan staff memo dated October 15, 2009. The motion passed unanimously. Commissioner Little moved, seconded by Commissioner Kempf, based on the Findings to Fact the Planning commission recommend the City Council adopt the Broadmoor Sub-Area Concept Plan as a guide for future development in the Broadmoor Areas. The motion passed unanimously. B. CODE AMENDMENT Title 19 & 25 Dealing with RV's and Residential Parks (City-wide) IMF# CA 09-003J Chairman Samuel read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, introduced the topic and stated in early 2009 the State Legislature changed the State Law by prohibiting local entities from precluding RV's as primary residences in mobile home parks. The new law prohibits the city from creating an ordinance that directly or indirectly precludes RV's from mobile home parks but does allow the city to establish safety standards related to the placement of RV's in mobile home parks. The proposed ordinance was developed by using the building code, plumbing code and manufacture home regulations as a reference guide to -5 - develop the proposed safety standards. The code needs additional review by the City Attorney to determine if the proposal meets the intent of the legislation or whether or not it is too far reaching. It was suggest the hearing be held followed by a motion to table action on the proposed ordinance until it can be further reviewed for consistency with the new law. Chairman Samuel asked for an explanation of what would be considered further than the law. Mr. White stated there was a provision in the proposal that requires certain insulation values. That may be an example of going beyond the intent of the legislation. Dave McDonald, City Planner, reviewed the proposed ordinance. It was explained the State definitions for mobile homes and RV's are different than the city's definition and therefore the proposal changes the city's definitions. The proposed safety standards were then reviewed for the benefit of the Planning Commission Chairman Samuel asked if city staff looked at ordinances from other cities like Yakima addressing the subject. Mr. McDonald stated that the city's Growth Management resource person with the Department of Commerce in Spokane stated that Pasco appears to be the first city in Eastern Washington to address the new State Law. Commissioner Little asked about the community restroom requirements for hygiene. Mr. McDonald stated the standards in the Uniform Plumbing Code are designed to address sanitation requirements. Chairman Samuel asked how many mobile parks or RV parks have communal restroom facilities. Mr. McDonald stated there were at least three. Chairman opened the hearing for public comment and after three calls for comments the hearing was closed. Commissioner Anderson stated the Commission needs to be mindful of the folks that live in the RV units and need to have the safety protections. Commission Anderson supported the more restrictive language. Commissioner Kempf stated she was in support of the more restrictive language. Commissioner Kempf stated RV's were not built for permanent residences and should not be used for that purpose. -6 - Chairman Samuel stated RV's were never designed and built to be permanent residences. The Chairman felt RV's needed to be safe for the occupants, surrounding property owners and the community in general. RV's need to meet standards that are similar to other permanent dwellings. Commission Little moved, seconded by Commissioner Anderson, that the Planning Commission continue the Code Amendment on Title 19 and 25 dealing with RV's and Residential Parks to the November Planning Commission meeting. The motion passed unanimously. WORKSHOPS: A. CODE AMENDMENT RV PARKING IN SUBURBAN ZONES (CITY-WIDE) CITY OF PASCO) (MF# CA 09-002) Chairman Samuel read the master file number and asked for comments from staff. Shane O'Neill, Planner 1 reviewed the staff memo and the five alternatives that the Planning Commission could consider when amending the RV parking regulations in the zoning code. The purpose for the workshop was to review the alternatives and provide direction to staff for further refinement of a code amendment that could be discussed at a public hearing. The main focus of the discussion centered on relaxing the standards to allow the storage of RV's in front yard areas with setbacks from 10 to 15 feet in depth. Mr. White, Community and Economic Development Director provided additional background on the current code and followed up with a history on the issue of RV parking in suburban areas that were previously in the county but, are now in the city. He also provided further description of the alternatives being proposed. Chairman Samuel asked if the current regulations on RV parking were the same in the city and county. Mr. White stated they were. Commissioner Anderson asked if a property owner did not have enough space beside their house and had to extend their RV parking beyond their house under alternate #I or #4 would they be in or out of compliance. Mr. White stated it would be acceptable under either Alternative #1 or #4. -7 - Commissioner Rose stated he was under the impression there are a lot of cities that do not allow the parking of RV's at all. Mr. O'Neill stated that his research in the state indicated that most cities do not permit RV parking in residential areas. The last city Mr. O' Neill worked for prohibited RV parking in residential areas. Some cities allow residential RV parking behind vegetative and other screening that completely blocks/hides the RV from view. Commission Rose inquired what constitutes temporary parking. Mr. McDonald explained the code allowed parking of RV's in front of homes for loading and unloading before and after a vacation or parking on a driveway for a period of 10 days when the RV was being used by a guest of the home. Commissioner Little stated there had been a lack of code enforcement in his neighborhood and to do justice to other property owners and to preserve their property value, RV's should be stored beyond the house and preferably behind a fence. Mr. Samuel asked about the number of complaints from residents resulting from RV parking. Mr. White explained people complain about RV's parked on streets and from some that are parked in front yard areas. The city also receives complaints from people that say they do not have a place to park their RV. Commissioner Anderson reminded the Commission they were discussing parking in suburban zones only. He further stated that during the annexation of the Riverview area the city promised not to impose significant changes on the existing lifestyles of those residents. He stated we are not a gated community and he favored parking RV's beside the driveways. Commissioner Rose stated that perhaps the city needs to compromise where problems have been inherited form the county. Chairman Samuel asked for comments from the other Commissioners. Commissioner Hay stated he would prefer adopting either alternative #1 or #5. Chairman Samuel agreed with Mr. Hay but stated that he prefers alternative #5. Commissioner Kempf stated she would like to see alternatives #1 8v #5 be presented at the next Planning Commission meeting for the public hearing. -8 - Commissioner Rose asked whether or not sufficient RV storage facilities exist within the city. Mr. White stated the greater issue was the cost of RV storage. Chairman Samuel asked that alternatives #1 8s #5 be presented at the public hearing. OTHER BUSINESS: With no further business, the Planning Commission was adjourned at 8:50 pm. David McDonald, Secretary -9 -