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HomeMy WebLinkAbout08-20-2009 Planning Commission Meeting Minutes REGULAR MEETING August 20, 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 Application for the expansion of a College/Technical School in a C-1 Zone (MF# SP09-006) and 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 09-006 & 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. -1 - APPROVAL OF MINUTES: Commissioner Little moved, seconded by Commissioner Hay, that the minutes dated July 16, 2009 be approved as mailed. The Motion carried unanimously. 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 stated that a public hearing was held on June 18th, 2009; followed by deliberations on Julyl6, 2009. The deliberations were delayed for further preparation of the findings of fact. Chairman Samuel then poled the Commission to determine eligibility to vote on the matter. Commissioners' Hay, Schouviller, Little, and Samuel were eligible to vote on this item. Commissioner Rose and Perez were ineligible to vote due to the fact they were not present at the June 18 meeting. Commissioner Anderson earlier stated he would not be voting on the matter because he was also not present for the June hearing. Chairman Samuel explained five commissioners are required for a quorum and that the item had to be tabled until the next meeting on September 17, 2009. Following those remarks staff was asked for comments. Rick White, Community 8s Economic Development Director stated Pasco uses the Open Record Hearing Land Use Process. The public hearing occurred on June 18, 2009 and deliberations were held on July 16. The time frame for public comment is held during the public hearing and once the open public hearing is closed, no further testimony can be considered, and new evidence cannot be submitted. Without a majority of the Commission that were present at the hearing on June 18th a decision recommendation cannot be made to City Council. Chairman Samuel asked for any objections from the Commissioners to tabling the matter until September 17th. No objections were made. The matter was then tabled until the September 17, 2009 meeting B. SPECIAL PERMIT Expansion of a College/Technical School in a C-1 Zone (5278 Outlet Drive) (Charter College) (MF# SP09-006) Chairman Samuel read the master file number and asked for comments from staff. Staff stated there were no additional comments on this item. -2 - Commissioner Hay, seconded by Commissioner Schouviller, moved to adopt the findings of fact and conclusions therefrom as contained in the August 20, 2009 staff report. The motion passed unanimously. Commissioner Hay moved seconded by Commissioner Schouviller, based on the adopted findings of fact and conclusions the Planning Commission recommend the City Council grant a special permit to Charter College for the expansion of the existing college/technical school with conditions as contained in the August 20, 2009 staff report. The motion passed unanimously. C. 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 and asked for comments from staff. Staff stated the item was discussed in a public hearing on July 16, 2009. Staff has prepared a list of possible findings of fact and a recommendation to forward to City Council. Between the time the report was mailed to the Commissioners' and this hearing, the applicant met with staff and expressed concern about the findings of fact. The applicant did not believe the findings were factual. After further review staff made some slight modifications to findings lists as #7, #18, #23, #25, #28. Commissioner Schouviller stated he was in favor of a conditional special permit for one year. He further stated there was ample parking and family activities should be considered versus noise and traffic issues. Commissioner Perez was concerned about the need for extra law enforcement services and the cost to the City. Staff stated there was a reference made during the hearing by the applicant that he would work with the police and request extra patrols. Staff pointed out businesses do not get extra patrols due to busy shopping times. Concentrating patrols for the corn maze would remove officers from other parts of the community and could cause the city to pay overtime for calling in additional officers to cover other parts of the community. Chairman Samuel stated the City does need family activities like this; however the location is not good. There are too many homes surrounding the site, the roads are narrow, lights at night, music at night are several reasons why he believes this is not the appropriate location. Commissioner Hay agreed with Commissioner Schouviller and was in favor of the special permit on a one year conditional permit. He further stated he was unaware of other events that happen at this church. -3 - Staff reminded the Commissioners that if they were leaning towards recommending approval the findings would need to be modified to have a supportable recommendation for the City Council. Commissioner Rose is in favor of the one year conditional permit. Commissioner Perez was not in favor of the one year conditional permit. The item was tabled until the September 17, 2009 meeting. PUBLIC HEARINGS: A. 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. Staff explained the applicant had applied to rezone the property in question from C-1 to R-1. Staff discussed the site location and reviewed surrounding zoning and land uses along with other information contained in the written staff report. Chairman Samuel opened the public hearing, after three calls and no response, the public hearing was closed. Commissioner Hay asked staff if they have received any correspondence or comments from surrounding neighbors. Staff stated no. Commissioner Rose moved, seconded by Commissioner Anderson, 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 September 17, 2009 meeting. The motion passed unanimously B. CODE AMENDMENT PMC 25.58 I-182 Corridor Overlay District (City of Pasco) (MF# CA09-001( Chairman Samuel read the master file number and asked for comments from staff. Staff stated this item was discussed at the July 17th workshop. The background and some of the requirements of the I-182 Overlay district were briefly discussed. Staff explained that while there were enhanced development standards for permanent businesses in the I-182 area temporary businesses operate in the same area with minimal standards. The proposed code -4 - amendments would address the concerns of temporary business setting up for business in a haphazard fashion with outdoor storage and in areas that create hazards for pedestrians and distractions for motorists. The proposal also creates a definition for a temporary business. Staff further explained that the legal description for the I-182 area needed to be reviewed and that the proposal would need to come back to the Commission before action could be taken on it. Commissioner Little asked staff about on temporary car sales events. Staff stated they would be allowed at facilities that are permitted for special events as such TRAC. Commissioner Little was concerned about whether or not the recommended 25 feet setback distance from public streets and traffic was sufficient for safety. Staff agreed this item would be reviewed further. Chairman Samuel asked staff if there were any comments or complaints received about this issue. Staff stated the complaints received have mainly concerned the outdoor storage of items and the unsightliness caused by such items. Chairman Samuel stated the proposed language does not prohibit mobile vendors from locating in the 1-182 area, however gives a standard for this area. Chairman Samuel stated that it was his understanding that businesses have the choice to locate in this area of town with restrictions or locate to another part of town with different restrictions. Staff stated yes that was correct. Chairman Samuel opened the public hearing, after three calls and no response, the public hearing was closed. Commissioner Rose asked if the proposal would address the parking lots for the baseball field and the soccer complex. Staff stated the proposal addresses business parking lot use. Commissioner Anderson moved, seconded by Commissioner Schouviller to table and to postpone action on the proposed code amendment until staff completed revisions. Staff stated this item nay be ready for Planning Commission action in the October meeting. -5 - WORKSHOP: A. CODE AMENDMENT PMC 25.78.030 (4) and PMC 25.78.140 RV Parking in residential zones (City of Pasco( (MF# CA09-002) Mr. O'Neill stated staff was working on a code amendment designed to provide flexibility in suburban zones for RV parking particularly in areas of the city that were originally developed in the county. This matter was on the agenda to inform the Planning Commission of the work that was being done and for the purpose of getting comments from the Commission. Chairman Samuel asked what current regulations were in place. Staff stated the current code allows for parking in the public right-of-way for 48- 72 hours for loading/unloading. In Suburban districts RV's are to be stored in side yard or rear yards. The R-1 district permits storage in front yard areas on an approved parking surface. The code also allows parking in the driveways for 7-10 days for RV use by quests. Commissioner Anderson asked if a concrete pad could be poured in the front of a picture window in a R-1 zone. He further stated he would like more specific language for front yards. Mr. White stated dimensions for parking pads and front yard usage were being reviewed by staff. Commissioner Rose stated the size of RV's should be addressed. Mr. White clarified parking in the public right-of-way was not currently being addressed. The code prohibits long term storage in streets; however, there is a minor provision for temporary use of the street. Commissioner Rose further stated storing huge RV's on the side of houses is unsightly. Commissioner Little asked how the issue of a property owner with more than one RV would be addressed. Staff stated they would look into that. Commissioner Little asked if there were different regulations for commercial trucks parking in the street. Mr. McDonald stated vehicles cannot park in a street for longer than 72 hours. Trucks in excess of 14,000 pounds gross weight are not permitted to park anywhere on or off a street in a residential zoning district. Chairman Samuel asked about RV parking surfaces. -6 - Mr. McDonald stated RV's need to be stored on all weather surfaces. Chairman Samuel questioned the location of parking. Mr. McDonald stated the matter was under review; current suburban zoning states RV storage must be behind the front yard setback which is 25 feet. Commissioner Anderson mentioned planned development areas with higher densities should be addressed, separately. Chairman Samuel asked if complaints have been received on this issue. Mr. McDonald has heard complaints from residents that are upset by the neighbor down the street that has a camper or boat parked in the front yard, and he has also heard from residents that don't appreciate the regulations because they make it difficult for them to store RV equipment in their yards. Staff was to return with additional information for the Planning Commission at a later date. OTHER BUSINESS: Mr. White advised the Commission of the current building permits issued this year, stating the value of commercial construction was about the same as last year. The new City water treatment plant on Court Street was under construction. Memorial Pool would be undergoing a several million dollar renovation. The Syngenta Seed Plant is now operating which consists of a building valued at $10 million dollars with approximately $40 million dollars of equipment. The Chiawana High School has received their certificate of occupancy and the dedication will occur in October. Commissioner Anderson asked whether or not there was much interest in the community from commercial businesses. Mr. White stated not many at this time. At the moment it is difficult to arrange financing for commercial enterprises. Chairman Samuel asked if there were any plans for buildings or production at the Heritage Industrial Park. Mr. White stated the property is zoned for industrial uses and is very high on the BNSF railroads list for projects. At present, the Port of Pasco, in conjunction with the City, Franklin County, and TRIDEC are installing a main rail line switch in the area. The extension of the track will cost about $1.5 million. This will hopefully be funded under a federal economic development grant program. BNSF is working to attract businesses to the area that need rail access. Chairman Samuel asked about the status of the Port of Pasco riverfront plan. -7 - Mr. White stated they have unveiled a design for the first building but no construction is occurring at this time. The Parsons Industry building was permitted this past month. Commissioner Schouviller asked if there were any prospects for the vacant Food Pavilion building. Mr. White stated there was an interested client with an existing manufacturing business that is currently located at the Port of Kennewick. They are looking at their lease to expire soon and would like to relocate around the first part of 2010. With no further business, the Planning Commission was adjourned at 8:12 pm. David McDonald, Secretary -8 -