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HomeMy WebLinkAbout09-17-2009 Planning Commission Meeting Minutes REGULAR MEETING September 17, 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. Commissioner Little recused himself from the Special Permit for the location of a Corn Maze/Farm in a R-S-20 Zone (MF#SP09-007). Commissioner Anderson recused himself from all old business items (MF#'s SP 09-005 & SP 09-007) on the agenda due to his absence at the July 16, 2009 meeting. 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 moved, seconded by Commissioner Hay, that the minutes dated August 20, 2009 be approved as mailed. The Motion carried unanimously. -1 - OLD BUSINESS: A. SPECIAL PERMIT Location of a Community Service Facility in a C-1 Zone (3901 W. Court Street) (Planned Parenthood) (MF# SP09-005) Chairman Samuel read the master file number and explained that in August they did not have a quorum of Planning Commission members who had actually heard the matter at the public hearing. As a result the Planning Commission was unable to take action on the matter at the August. Chairman explained there was now a quorum available and he asked staff for comments. Rick White, Community & Economic Development Director, briefly explained the process that the Planning Commission had undertaken to arrive at the September 171h meeting. It was explained that there were three sets of findings, and conclusions in the written report for the Planning Commissions consideration. Alternate # 1 recommends denial of the special permit based on Planning Commission direction in July. Alternate # 2 contains a staff recommendation for approval and Alternate # 3 contains a set of findings and conclusions prepared by the Chairman recommending denial. Mr. White also discussed the City Attorney's memo that explained what could and could not be used as evidence or testimony on which to base a recommendation. Mr. White concluded by recommending the Planning Commission accept Alternate # 2 for a recommendation to the City Council. Chairman Samuel explained he prepared the findings in Alternate # 3 because he felt the other alternatives did not incorporate the comments and discussion the Planning Commission had on the matter in order to recommend denial. Commissioner Schouviller moved, seconded by Commissioner Hay, to adopt findings of fact and conclusions as contained in the August 20, 2009 staff report identified as Alternate # 2. Chairman Samuel stated he did not believe Alternate #2 accurately reflected the issues that were discussed. Commissioners Samuel, Kempf and Little voted no and Commissioners Schouviller and Hay voted yes. The motion failed. Commissioner Little moved, seconded by Commissioner Kempf to adopt findings of fact and conclusions as contained in the August 20, 2009 staff report identified as Alternate # 1. Commissioners Samuel and Schouviller vote no and Commissioners Hay, Kempf and Little voted yes. The motion passed. -2 - Commissioner Little moved, seconded by Commissioner Kempf, based on the findings of fact and conclusions identified in Alternate # 1 the Planning Commission recommend the City Council deny a special permit to Planned Parenthood for the location of a Level-One Community Service Facility. Commissioners Samuel, Hay and Schouviller voted no and Commissioners Hay, Kempf and Little voted yes. The motion failed. Chairman Samuel asked for comments from the Commission. Commissioner Schouviller stated he was originally opposed to the proposal but, with the recommendation for a block wall along the north property line he was comfortable with recommending approval. Commissioner Little was concerned about the traffic generated by the facility. Chairman Samuel was concerned about the disruptive effects the facility will have on the surrounding businesses and school. Chairman Samuel moved, seconded by Commissioner Kempf, to adopt findings of fact and conclusions as contained in the August 20, 2009 staff report identified as Alternate # 3. Commissioners Samuel and Kempf voted yes and Commissioners Hay, Schouviller and Little voted no. The motion failed. Chairman Samuel stated he could not support Alternate # 1 because he did not feel it contained the necessary information to support a denial of the permit. Following additional discussion Commissioner Little moved, seconded by Commissioner Kempf, to adopt findings of fact and conclusions as contained in the August 20, 2009 staff report identified as Alternate # 1. Commissioners Samuel, Little and Kempf voted yes and Commissioners Hay, Schouviller and Little voted no. The motion passed. Commissioner Little moved, seconded by Commissioner Kempf, based on the findings of fact and conclusions identified in alternate # 1 the Planning Commission recommend the City Council deny a special permit to Planned Parenthood for the location of a Level-One Community Service Facility. Commissioners Samuel, Little and Kempf voted yes and Commissioners Hay, Schouviller and Little voted no. The motion passed. Staff explained the recommendation would go to the City Council on October 5th unless an appeal is filed. An appeal would cause a closed recorded hearing to be held before the City Council. -3 - B. SPECIAL PERMIT Location of a Corn Maze/Farm in a R-S-20 Zone (2000 Block of Road 76) (Philipp Schmitt/Haywire Farms) (MF# SP09-007) Chairman Samuel read the master file number, explained the background on the matter and asked for comments from staff. David McDonald, City Planner explained staff provided a second set of findings and conditions in the written report as requested by the Planning Commission. It was pointed out that there were 32 conditions attached to the motion for approval leading staff to believe that the location was not appropriate for a corn maze. Staff is recommending Alternate # 2 which denies the corn maze and approves a farm. The Chairman asked staff if they had had a conversation with the applicant about the farming activity currently taking place on the site. Staff stated they had spoken with the applicant and indicated the applicant had jumped the gun on the farming portion of the application in anticipation of the special permit being approved. The Chairmen explained he was disappointed with the applicant starting the farm before the special permit was acted upon. Commissioner Schouviller moved, seconded by Commissioner Hay, to adopt the findings of fact and conclusions as contained in the July 16th 2009 staff report identified as Alternate # 1. The motion was approved with one dissenting vote by Commissioner Kempf. Commissioner Schouviller moved, seconded by Commissioner Hay, based on the findings of fact and conclusions identified in alternate #1, the Planning Commission recommend the City Council grant a special permit to Phillip Schmitt and Haywire Farms for the location of a farm and corn maze with conditions as contained in the July 16, 2009 report. The motion was approved with one dissenting vote by Commissioner Kempf. Staff explained the matter would go to the City Council on October 5th unless an appeal was filed. An appeal would cause a closed record hearing to be held before the City Council in November. C. REZONE Rezone from C-1 to R-1 (1300 Block of Road 36) (St. Martin) (MF# Z09-005) Chairman Samuel read the master file number and asked for comments from staff. -4 - Staff had no additional comments on the rezone. Commissioner Hay moved, seconded by Commissioner Anderson, that the Planning Commission adopt the Findings of Fact as contained in the September 17, 2009 staff report. The motion passed unanimously. Commissioner Hay further moved, seconded by Commissioner Anderson, that based on the Findings of Fact as adopted, the Planning Commission recommend the City Council rezone the site from C-1 (Retail Business) to R-1 (Low-Density Residential). The motion passed unanimously. PUBLIC HEARINGS: 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 the applicant had applied to rezone the property in question from R-1 to C-1. Staff discussed the site location and reviewed surrounding zoning and land uses along with other information contained in the written staff report. Verl Goodwin, 557 Fir Road, Eltopia stated they inherited the property and would like to rezone the property before it is sold. Rick White, Community 8s Economic Development Director stated the Findings of Fact were prepared to support a recommendation for approval. Commissioner Little questioned the fence on the property. Mr. Goodwin stated the fence will be moved to the new property line and the vacant lot will be restored without a fence. The public hearing was opened for public comment, after three calls and no response, the hearing was closed. Mr. McDonald, City Planner, stated when the report was being developed there was discussion that some uses would not be compatible with the homes to the north such as; car washes, and related facilities, etc. Staff is recommending approval of the rezone with a concomitant agreement. Commissioner Anderson moved, seconded by Commissioner Hay, 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 15, 2009 meeting. The motion passed unanimously. -5 - B. CDBG 2010-2014 Tri-Cities Consolidated Plan (Citywide) (MF# CDBG 09-022) Chairman Samuel read the master file number and asked for comments from staff. Mr. White stated the Plan concerns the Tri-Cities and is a very large document with valuable information on data and trends for Pasco, Kennewick, and Richland. This plan is on a 5-year cycle and we are in the stages of consolidating comments and advice from the Planning Commission and eventually City Council to prepare the 2010-2014 Consolidated Plan. The plan sets up a blue print for the cities to use their Federal Entitlement dollars. Over the course of the next couple of years, Pasco could receive up to $4 million in the lifecycle of this plan in Federal aid. The Plan identifies the spending priorities for each city through the strategic action plan, which begins on page 115. All the information prior to this page contains the trends and data collected that identifies the community's needs and community inventory to prepare the goals that are contained in the action plan. There are eight goals that are key to advance the three main purposes of the Community Block Grant and HOME program purposes which are identified on the second page of the cover sheet as follows, to provide: 1) decent housing, 2) economic opportunities, and 3) suitable living environments to benefit primarily low to moderate income households. The Planning Commission was being asked to advise staff if the goals in the Strategic Action adequately advance the purposes of the City. The plan was written to be very flexible. Staff discussed changes to the goals and pointed out that goals for lead-based paint and to affirmatively further fair housing are now included under the decent housing goal. Characteristics of the community were highlighted from the plan. Public facilities, public services, economic development and housing needs gathered from the stakeholder's forums conducted in June of 2009 were also highlighted. There was a brief discussion on the definition of homeless and the population affected by homelessness. Chairman Samuel asked what facilities were available in Pasco for the mentally ill. Commissioner Anderson stated that for homeless mentally ill persons there were no facilities. Chairman Samuel asked if there were facilities in Kennewick or Richland. Commissioner Anderson answered that Carondelet can take them, but they have to be referred by medical personnel. This remains a significant need in the Tri- cities. -6 - Commissioner Little asked how the plan effects allocation of the funds. Staff answered that it does not increase public service caps or administrative caps. Commissioner Little asked about the economic development goals. Staff referred to Page 115 where economic development goals are discussed. Chairman Samuels asked about the strategy under the housing goals to minimize concentration of new tax exempt housing. Staff replied that strategy was to prevent concentration of low-income housing in existing low-income neighborhoods. Chairman Samuels asked about the public service accomplishments of Richland and Kennewick for the disabled. Staff answered that Pasco uses public service funding for City projects. It is a matter of policy and we are maintaining existing programs and they are capped. Additional discussion centered on the shortage of affordable housing, data collection and the 2010 census. Staff pointed out better data would be available after the 2010 Census next year. Commissioner Samuels opened the item up for public comment. After three calls the public hearing was closed. Staff stated the Consolidated Plan would be forwarded to City Council for the Workshop on October 12, 2009. OTHER BUSINESS: With no further business, the Planning Commission was adjourned at 8:22 pm. David McDonald, Secretary -7 -