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HomeMy WebLinkAbout07-16-2009 Planning Commission Meeting Minutes REGULAR MEETING July 16, 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 Cruz stated he would recuse himself from the Special Permit Application for the location of a Community Service Facility in a C-1 Zone (MF# SP09-005). Commissioner Little recused himself from the Special Permit Application for the expansion of a College/Technical School in a C-3 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). 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 June 18, 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 with a large number of people providing input. He then asked staff for comments. Rick White, Community 8v Economic Development Director stated the Planning Commission, under Pasco's land use permitting scheme, conducts two hearings, one of them an open record hearing which occurred on June 18, 2009. The Planning Commission heard a large amount of testimony, however not much of the testimony either in favor or opposition addressed the six special permit criteria that the Planning Commission is bound to consider. Mr. White briefly reviewed the criteria as outlined in PMC 25.86. It was pointed out that factual evidence was needed by referencing the recent Central Pre-Mix case, where Central Pre-Mix took the City to court and won a favorable judgment because issues that were not supported by factual evidence were used as the basis for denial. Mr. White again reminded the Commissioners that the evidence considered for this permit and any special permit are the six criteria that are contained in section 25.86 of the Pasco Municipal Code. Chairman Samuel stated his concerns about building a complete record that the City Council could use to make an informed decision. He also stated he appreciated the testimony from the 200+ citizens from the Tri-Cities that attended the public hearing on June 18, 2009. He also appreciated the opportunity to read the large number of emails and letters submitted to the City. After referencing the following Municipal Code sections 25.86.050, 25.86.060 and 25.86.070 Chairman Samuel read his observations and conclusions into the record. These observations made reference to the location of the proposed site near Mark Twain Elementary School and a daycare and reference to protests around Planned Parenthood facilities in other parts of the country. Chairman Samuel further stated he had concerns about the possible secondary effects of the proposed facility on nearby businesses. Chairman Samuel then reviewed the special permit criteria as outlined in PMC 25.86. -2 - Chairman Samuel then asked Planning Commission members for input on the matter. Commissioner Hay stated he agreed with Chairman Samuel's statements and was concern about the location next to an elementary school. Commissioner Schouviller agreed with Commissioner Hay's statement. Commissioner Kempf stated she also thought the facility was too close to a school. Commissioner Little stated he had the same concerns about safety and harmony at the school and nearby businesses. Commissioner Rose stated a lot of the allegations are exceptions rather than the rule. He stated the moralistic side of the issue is beside the point and he is in favor of the facility. Commissioner Cruz has recused himself from this item. Commissioner Perez was not at the last meeting and stated he would not be voting on the item. Chairman Samuel asked staff if there were additional information to provide. Mr. White stated the presence of legal or illegal demonstrations by the case of Sunnyside vs. Lopez cannot be the basis for conditioning or denying a permit. Since there were no findings that supported recommendation of denial staff suggested the Planning Commission continue the matter for a month to allow preparation of findings. Following additional discussion on the question of tabling action for a month Chairman Samuel asked for a vote by the Planning Commission. Commissioner Little moved, seconded by Commissioner Rose that the Planning Commission table the item for one month. Commissioners voted as follows: Commissioner Hay - yes, Commissioner Schouviller-yes, Commissioner Kempf- no, Chairman Samuel - no, Commissioner Little-yes, Commissioner Rose-yes. The item was tabled for one month. B. CDBG 2010 Annual Action Plan (City Wide) (MF# CDBGO9-004) Chairman Samuel read the master file number and asked for comments from staff. Angela Pitman, Block Grant Administrator stated there were presentations from the applicants at the public hearing on July 16, 2009. The purpose for the CDBG program is to develop viable communities by expanding economic -3 - opportunities and providing a suitable living environment and decent housing within the city of Pasco. Eligible activities must meet one of the three national objectives which are to primarily benefit low to moderate income persons, aid in the preventions or elimination of slum and blight, or meet an urgent need, and must also comply with CDBG regulations at 24CFR570. There is an estimated $665,000 to be available from the 2010 entitlement and from reallocation of prior year activities. There are 16 proposals received totaling $1,392,000 which leaves a deficit of$727,000. Staff recommendations were provided and broke down by activity type. Administrative activity is limited to 20% of the entitlement plus 20% of the current year's program income. Public services activity is limited to 15% of the entitlement plus 15% of the prior year's program income. Economic development activities were also listed. HUD likes to see the funding leveraged not using 100% of CDBG funds for a project, but other funding being added to it as well. Chairman Samuel asked for comments from the Planning Commission. Commissioner Cruz stated by reviewing this and listening to testimony we need to look at the current state of the economy and the kind of people that are affected negatively by the economy and will benefit from these kinds of proposals. He is in favor of a significant reduction from the staff recommendation for CDBG Program Administration of$120,000 to $80,000. The city should take on more of the burden to fund this instead of using CDBG money to fund Administration. He also stated the Code Enforcement officer funding should be revisited and would prefer that the money be used for prevention versus the back-end solution with Code Enforcement. Commissioner Schouviller stated he agrees with Commissioner Cruz on the reduction of the CDBG Program Administration and Code Enforcement Officer, as well as the Continuing to Step Up, and Neighborhood Improvements -Phase II. He is wondering why there is no funding being approved for the Benton Franklin CAC -Home Energy program. He would also like to see funding for the Boys 8v Girls Club external lighting and security system camera and monitor. Commissioner Little questioned for comment on why there is no funding for the Boys 8v Girls external lighting and security system camera and monitor. Staff stated there are some portions of the application that may be ineligible per CDBG regulations and would need time to research that. In addition, there is a lot of other funding that will go to the facility. Mr. White further added the Boys 8v Girls Club is receiving approximately $162,000 through the ARRA program or in the event of HUD technicalities money will be shifted from current programs to the Boys 8s Girls Club and the ARRA money will be shifted back to the program where the money was retrieved from. The CAC Home Energy application is in the same boat, they have submitted stimulus money for their energy programs and there is a real doubt if -4 - they have the capability to carry out their programs this year due to they are project poor and money rich, so to speak. They are at capacity with their projects and funding. The CDBG Program Administration funding is important and is money that if not taken from the CDBG program, it will then be made up from the City of Pasco general taxpayer. The Code Enforcement Officer request is a value driven preventative program. It's the broken window theory, if the window breaks and it doesn't get fixed then there is another house with a broken window, etc. The Code Enforcement Officer is focused in Census Tracts 201, 202, 203 & 204 specifically for the area wide benefit that occurs in those low to moderate areas. Chairman Samuel stated he would like to hear comments from staff on their recommendation for the Lucas Park Playground. Staff stated this is the only playground equipment within the City that is not in compliance, more importantly it will help replace the play mat which is a safety issue. Chairman Samuel stated $60,000 for replacing equipment that is still in fairly good shape could be used for other items. Commissioner Cruz stated there may be a liability issue with having non- compliant equipment. Chairman Samuel stated he would be in favor if the equipment was in bad shape. Commissioner Kempf questioned why there was no recommendation for Brush with Kindness. Staff stated they ran short on funding, providing there were more funds available this project would be funded. There is a lot of money for housing type projects from other sources and there are certain things that can be done with CDBG funds. Rehabilitation is acceptable, maintenance is not and this application is for materials and labor as well as cleaning up the yard, etc., elements of which may be maintenance and therefore ineligible. Chairman Samuel would like to see Brush with Kindness funded and clarified if CDBG Program Administration was reduced the citizens of Pasco would have to pay for the balance. Commissioner Cruz stated he is amazed on the quality of the City's money management. He would like to focus more on investment kinds of things rather than administrative and other things, if we have to take a bite out of the other pie then ok. Commissioner Rose mentioned he would like to see progress with programs such as the Code Enforcement Officer. -5 - Chairman Samuel states there is a citizens committee that oversees what the Code Enforcement is doing and can make recommendations to City Council with regard to how Code Enforcement is executed. Commissioner Rose questioned if Code Enforcement issues are dependent on citizen complaints or do they canvass the neighborhoods. Staff stated Code Enforcement surveys neighborhoods and will send Courtesy Notices to locations that are in violation. Commissioner Rose stated there is a large amount of weeds in vacant lots and wants to know if they wait to hear from complaining neighbors or do they canvass the city. Staff stated they have gone from four officers to three and the complaint system is backlogged constantly. If they get a complaint from an area, they gather all the complaints in that neighborhood and address those issues. Mr. White further stated the Code Enforcement team was reduced by one officer and in that time the number of reported cases have doubled. In the winter, staff is reduced by two to canvass the city for dog licensing. Commissioner Cruz further stated he would like to see these funds used in other areas. As a former Code Board member, he mentioned two types of issues where citizens that are in violation of the city code, one is the neighbor that does not want to maintain his yard and has weeds; the other is the family that has medical reasons and has financial hardships. Chairman Samuel stated he is on the Franklin County law justice council and there is a chart that shows the number of law enforcement officials and the crime rate in the City of Pasco and over the last 15 years the law enforcement officials has significantly increased and the crime rate has decreased. He stated if we had more Code Enforcement Officers we would see a cleaner city, more responsive to complaints city. Commissioner Cruz again stated he feels this is a back end solution and would prefer to provide resources and assistance versus being listed on the Code Enforcement list. Commissioner Hay stated staff has prepared recommendations and is in favor of moving forward with the staff recommendations. Commissioner Schouviller stated he is also in favor of moving forward. Commissioner Cruz further stated he is not in favor of moving forward and would rather take the time to discuss each item. Chairman Samuel stated he is disappointed that Habitat for Humanity was not even considered for funding after their third year of applying and also the -6 - application for Brush of Kindness. He would like to see a decrease even zero the request for the Lucas Park playground equipment and re-allot the money to Brush with Kindness or the Neighborhood Improvements - Phase II. This would improve things as suggested by Commissioner Cruz with the Code Enforcement issues. Commissioner Rose stated he agrees with Chairman Samuel on the Lucas Park playground equipment. Chairman Samuel amended the motion to include changes as follows: zero funds for the Lucas Park equipment and redistribute the money as $24,000 to Brush with Kindness with $ 36,000 to Neighborhoods Improvements - Phase 11. Commissioner Rose further stated he is in favor of Chairman Samuel and seconds the motion to amend the first motion. Chairman Samuel called for a roll call for the vote: Hay - no, Schouviller - yes, Kempf - no, Samuel - yes, Little - yes, Rose - yes, Cruz - no, Perez - yes. The motion passed with 5 members voting yes and 3 members voting no. The Planning Commission passed the recommendation with the following changes: Brush with Kindness $24,000, Lucas Park Playground equipment $0, and $36,000 to Neighborhoods Improvements - Phase II. C. BRAC Plan Wagenaar Reserve Center Base Realignment and Closure (BRAC) Redevelopment Plan (MF# INFO 08-025) Chairman Samuel read the master file number and asked for comments from staff. Staff stated they had no additional comments. Commissioner Cruz moved, seconded by Commissioner Schouviller the Planning Commission recommend the City Council approve the Wagenaar Reserve Center Base Realignment and Closure Plan for submittal to HUD for Balance Determination and to the Military for Property Disposal Planning. Motion passed unanimously. Staff explained this item would be present to the City Council at their July 13, 2009 workshop with final Council action to follow in August. PUBLIC HEARINGS: A. SPECIAL PERMIT Location of an Autobody shop in a C-3 Zone 1603 W. Lewis Street) (Gustavo Oliva) (MF# SP09-004) -7 - Chairman Samuel read the master file number and asked for comments from staff. Staff stated the applicant had applied for a special permit for an auto body shop in a C-3 General Business zone at 1603 W. Lewis Street. Staff reviewed the surround zoning and land uses which included auto sales, auto repair, auto detailing, and an auto body shop. Staff reviewed the balance of the written report for the benefit of the Planning Commission. Chairman Samuel explained that state law required 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. After three calls for public comment and no response, the public hearing was closed. Chairman Samuel asked staff questions about lighting, noise, parking, disposal of waste, hours of operation and fumes. Commissioner Cruz stated Condition 3 referred to no painting, priming or grinding outside the building which addressed the noise and fume generating items. A current IBC approved spray booth would emit cleaner air than the surrounding air. Lighting was not an issue due to proximity (distance) to residential units. Commissioner Little asked about past experiences where the applicant was not present. Staff stated there have been a few cases in the past where the Planning Commission had moved forward with an application without the applicant being present. Commissioner Hay stated he agreed with Commissioner Little that the Planning Commission should table the item due to the absence of the applicant. Staff further stated the report to the Planning Commission was mailed to the applicant which explained the recommended approval conditions. Additionally one of the staff members also had a phone conversation with the applicant recently and the applicant had no issues with the report or recommended conditions. Chairman Samuel asked about Condition 6 which referred to fencing. Staff stated there was a fence along the back alley however there is no sight screened enclosure on the property. The concern was that auto body shops often have car parts, broken fenders and so forth that are outside the building which need to be contained in a sight screened bull pen. -8 - Chairman Samuel asked if there was a chain link fence on the front of the property. Staff stated there was a fence on the rear and side of the property. Chairman Samuel asked if it would be reasonable to provide additional details to the design, height and material of the fence. Commissioner Cruz stated the condition stated the fence was to be completely screened. Most other body shops contain opaque screening versus a block wall fence, etc. Commission Cruz wanted to move forward on this item. Staff stated the fence must be completely screened. Staff also explained PMC Title 12 addresses lighting. PMC Title 9 addresses noise. Fumes will be controlled by an IBC certified spray booth and waste disposal is addressed by the regulation dealing with solid waste management. Commissioner Hay moved, seconded by Commissioner Schouviller, to adopt findings of fact and conclusions as contained in the July 16, 2009 staff report. The motion passed unanimously. Commissioner Hay further moved, seconded by Commissioner Schouviller, based on the findings of fact and conclusions there from, the Planning Commission recommend the City Council approve a special permit for the location of an automotive body shop at 1603 West Lewis Street. The motion passed unanimously. 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 the applicant had applied for a special permit to expand the Charter College/Technical School in a C-1 zone located at 5278 Outlet Drive. In 2008, Charter College was granted a special permit to locate a facility in the Broadmoor Outlet Mall. The college now occupies 10,000 square feet of tenant space. This application involves the expansion of an additional 10,000 square feet of tenant space to accommodate students. Staff briefly reviewed the balance of the written report. Commissioner Cruz stated he attends the gym adjacent to the college and was unsure of the first permit, however, he does not have concerns anymore. There is a lot of traffic and the college is a good neighbor. Chairman Samuel asked if there was a time limit for this special permit. -9 - Staff stated Condition #7 contains the typical language on time frames. Commissioner Rose was concerned about the college being a diploma mill and questioned the credentials of the college. Josh Swayne, 5005 Laredo Drive, President of Charter College stated they opened for business on January 26, 2009 and since have had a great response from the community. They offer training in medical, business administration, computer networking and accounting. They are applying to expand their classes. Mr. Swayne further commented on accreditation for Charter College. By saying an application to the State of Washington was submitted and granted for certificates in 2008. Associate and Bachelor Degree level programs have been granted by the State. The Department of Education, National accreditation has also been received. Commissioner Schouviller asked if the college had a placement program. Mr. Swayne stated yes. Chairman Samuel stated he was delighted with the success of the college and the service they were providing to the city. Chairman Samuel opened the public hearing after three calls and no response, the public hearing was closed. Commissioner Cruz moved, seconded by Commissioner Kempf to close the hearing on the proposed college expansion schedule deliberations, adoptions of findings of fact and conclusions and a recommendation to the City Council for the August 20, 2009 meeting. C. SPECIAL PERMIT Location of a Corn Maze/Farm in a R-S-20 Zone (2000 Block of Road 761 (Phillip Schmitt/Haywire Farms) (MF# SP09-007( Chairman Samuel read the master file number and asked for comments from staff. Staff stated the applicant applied for a special permit to operate a farm and a corn maze in an R-S-20 zone. Staff discussed the location of the site and reviewed surrounding zoning and land uses along with other information contained in the written report. The proposed activity includes a corn maze, pumpkin patch and a family oriented fall festival. Chairman Samuel asked about the recommended condition related to signage. Staff explained the condition was recommended because of past experience with the corn maze on Road 68 operated by the applicant. -10 - Chairman Samuel questioned how this relates to yard sale signs. Staff stated yard sale signs are allowed to be put up and taken down after the event. This application is different and requires special permit review which allows for conditions on the activity as appropriate. Commissioner Cruz stated he was concerned about signage. Phil Schmidt, 5604 McKinley Ct., stated last year he operated a corn maze and produce stand off of Road 68. They posted signs on gooseneck trailers with big bails and located them at Bank Reale, TRAC, and HAPO's parking lots with permission from the property owners. They then received notification from the City that they were in violation and quickly removed the signs. Mr. Schmidt stated he has operated a corn maze since 1998. They are land renters and relocate their farm periodically. They signed a land lease with Faith Assembly to farm the site for the next three years. Mr. Schmidt further explained his experience with conditions with controlling noise, dust, traffic, trespassing/vandalizing on neighboring properties, litter and sanitation. Mr. Schmidt explained his hours of operation were M-F from 4 pm until 9 pm, Saturdays from 10 am - 10 pm, and on Sundays from 1 pm - 5 pm. Wednesday and Thursday nights are youth group nights which generate more traffic during the week. They had up to 9,000 people visit their corn maze last year. Mr. Schmidt questioned the recommended conditions dealing with non-lighted signs, hours of operation and other conditions. Mr. Schmidt discussed a stabbing that occurred during the first year of his corn maze on Road 100. Chairman Samuel asked if during their operations have they received any complaints and if so, what were they. Mr. Schmidt stated a neighbor in Benton County was concerned with pesticides, garbage, etc. They have had complaints about noise, traffic and dust. Chairman Samuel asked if the traffic flow generated from the corn maze would be the same as church traffic. Mr. Schmidt stated traffic flow generated by the church is on Sundays. His event will generate traffic mostly in the evening hours during the week. Chairman Samuel was concerned about traffic coming through Wernett Road. Commissioner Rose asked about the size of the signs. -11 - Mr. Schmidt stated 4 X 8 feet. Chairman Samuel opened the public hearing. John Pietrusiewicz, 2909 Road 72, stated with church operations there is a heavy traffic flow which does not obey the 25 mph speed limit and with no law enforcement from the County it makes him shudder. He is not in favor of this special permit to be located in this area. Jesse Rodgers, 7309 W. Wernett Road, stated they are overwhelmed by the tremendous traffic already generated from the church and with Wernett Road that was developed sometime in the 1950's it is only 20 feet wide with no sidewalks. He is also concerned with the dust from the traffic coming down the road as well as the dust that will be generated from the cattle on the land. He was opposed to the application. Sal Beltran, 2316 Road 72, stated his concerns with noise, traffic, lights and hours of operations at night for the residents and animals that reside near the proposed commercial enterprise. Pat Grady, 2703 Road 72, was concerned with the traffic and the lack of law enforcement to control the traffic. He was not in favor of the special permit application. Tamara Roy, 7116 W. Wernett Road, was concerned with traffic, hours of operation and is not in favor of the special permit application. Charlene Heyen, 7421 W. Wernett Road, was concerned about increased traffic, garbage, parking, property damage and dust control. She was under the impression that the church would only be able to use the property for church purposes only. Nancy Rieke, 7109 W. Wernett Road, was also concerned about addiitonal traffic, the lack of street lighting, possible property damage and the safety of her family. Sean Van Dinter, 7815 Wrigley Drive, stated he is in favor of this special permit. He is the security officer for Haywire Farms and explained some of their safety measures. Travis Matthews, 2205 Road 72, stated he was not in favor of the special permit. Gary Gatewood, 1821 Road 72, stated he was concerned about additional traffic and was opposed to the application. Phil Schmidt, 5604 McKinley Court, again spoke on the traffic issue and stated he could not control where the traffic came from. -12 - Commissioner Schouviller asked Mr. Schmidt what would prevent parking on Road 72. Mr. Schmidt stated they have ample parking available on the church property. Commissioner Cruz asked staff about the possibility of closing the street. Staff stated some special events may be granted street closures under special circumstances; however this application is for a special permit. Commissioner Cruz suggested the hours of operation should state no more customers on the property after 10 pm. Mr. Schmidt stated Commissioner Cruz's suggestion for hours of operation would financially impact their operation. Ms. Roy further stated if the application was approved, there would be calls to 911 with complaints as well as calls to the city for light spillage. Mr. Rogers explained his efforts to get the church to control traffic. Ms. Heyen stated if signs were permitted maybe directional signs would be ok. Chairman Samuel closed the public hearing. Staff explained the staff report contains tentative condition and does not contain a recommendation at this point and based on the evidence presented this evening a staff recommendation will be presented at the next hearing. Commissioner Cruz stated conditions #19 & # 21 are overly restrictive and would like more restrictive measures for #11. Commissioner Schouviller asked why #19 restricted sales to pumpkins only. Staff stated condition # 19 was in response to last year's operation on Road 68 that was a produce stand. Chairman Samuel explained he was in favor of the business however, the location may not be appropriate. Commissioner Hay further mentioned the setbacks should be appropriate. Commissioner Rose expressed concern over litter control. Commissioner Hay suggested the hours of operation needed to be clarified and set according to the noise ordinance. Commissioner Cruz stated he would like operations to cease by 10 pm with no customers on site. -13 - Commissioner Hay moved, seconded by Commissioner Schouviller to close the hearing on the proposed corn maze and schedule deliberations, adoption of findings of fact and conclusions and a recommendation to the City Council at the August 20, 2009 meeting. WORKSHOP: A. CODE AMENDMENT PMC 25.58 I-182 Corridor Overlay District (City of Pasco) ( MF# CA09-001) Staff stated in the fall of 2001 the Planning Commission reviewed a proposed code amendment that would create enhanced landscaping and building standards for the I-182 corridor. The City Council adopted the amendments. The code has made some impact with the aesthetics and the look of the development of the area. Staff provided a few examples of development along Road 68. It was further explained that temporary businesses that operate from vehicles in parking lots detract from what the city has been trying to accomplish in the 1-182 area. Special sales event vendors and itinerant vendors set up in parking lots with paraphernalia stored or scattered about parking lots. This detracts from the look of the buildings. Staff was seeking direction from the Planning Commission on this matter. Chairman Samuel stated he has had a number of citizens complain to him about this issue. Chairman Samuel asked the length of time and cost of an itinerant business license. Staff stated itinerant licenses are valid for 30 days and cost about $50 per month; special event permits are valid for only a few days and cost $50 - $75 (Special Sales Event licenses are $40). Chairman Samuel questioned if the price of itinerant licenses is still $50 a month. Staff stated itinerant licenses are $50 ($45) and standard business licenses are $75. The initial license application for itinerant merchants for the first month is $100+ ($105) and each succeeding month is $50 ($45) per month. Commissioner Rose stated there are temporary signs that are creating clutter in the area and they detract from the overall appearance of the city. Commissioner Cruz supported the suggestions. -14 - Commissioner Little stated displays in parking lots cause safety hazards with people looking at the display instead of focusing on their driving. Commissioner Kempf mentioned Krispy Kreme sales and the people selling to cars stopped at the red light as a concern also. Commissioners Hay and Perez were also in favor of moving forward with a code amendment to address the issue. B. SUB-AREA PLAN Columbia Bend Sub-Area Plan (West of Broadmoor Blvd north of Harris Road) (City of Pasco Staff stated the development of a sub-area plan for the Broadmoor area was reviewed by the Planning Commission in 2004. The 2004 plan was prepared with assistance from a consultant. The consultant developed four land use schemes that laid out street patterns, identified locations for schools and parks and divided the area into different types of residential uses. The development of the plan occurred about the time Central Pre-Mix applied for a special permit for the location of the asphalt batch plant. The planning for this area was stalled due to the special permit application. Additionally some property owners felt the plan layout was too specific when it included local street patterns and the specifics on where schools and parks were to be located. The plan was not supported by the property owners. Staff explained the current planning effort consisted of reviewing the previous plan and a number studies that have been done for the area. As a result, a draft concept plan has been prepared. Staff then briefly reviewed the plan Chairman Samuel asked staff to explain the outline or boundaries of the existing Central Pre-Mix pit and the future boundaries that could exist during the next 15 years. Staff explained the pit could stretch to Dent Road. CPM has an agreement with the Wilson family and a special permit allows mining to stretch north into the Wilson property. Chairman Samuel asked if there was gravel located outside of the area approved in the special permit and whether CPM would have access to it in the future. Staff stated there may be gravel but they would have to apply for a special permit to mine beyond the existing permit. The general consensus was that the plan was moving in the right direction. Staff explained they would hold meetings with the property owners and would come back to the Planning Commission with the plan later in the fall. _15 - OTHER BUSINESS: A. RIVERSHORE PLAN Rivershore Amenities Plan 2009 (MF# PLAN08- 001 Staff provided the Planning Commission with an update on the Rivershores Amenities Plan the preparation of which is a City Council goal. Staff have reviewed 7-8 past Rivershore plans and have developed a matrix outline various goals, policies and objectives of those plans. An inventory of existing Rivershore amenities has been prepared and mapped. Staff also explained the Tri-Cities Rivershore Enhancement Committee (TREC) is also looking at developing a similar plan. Commissioner Hay questioned if this would need to be approved by the Corp of Engineers. Staff stated yes. Commissioner Rose stated we have a world class river with clean water in our own backyard and yet there is no swimming area for the public. Commissioner Little mentioned where the sail boats dock there is a gate that is locked and if you are riding your bike there is no access to go further on the Heritage Trail. Additional discussion centered on future planning efforts with the Port of Pasco for the area between the Cable Bridge and Sacajawea Park. With no further business, the Planning Commission was adjourned at 11:42 pm. David McDonald, Secretary -16 -