HomeMy WebLinkAbout08-19-2010 Planning Commission Meeting Minutes REGULAR MEETING August 19, 2010
PLANNING COMMISSION MEETING
CALL TO ORDER:
The meeting was called to order at 7:00 P.M. by Chairman Cruz.
POSITION MEMBERS PRESENT MEMBERS ABSENT
No. 1 Vacant
No. 2 James Hay
No. 3 Andy Anderson
No. 4 Vacant
No. 5 Joe Cruz
No. 6 Kurt Lukins
No. 7 Jan Neuenschwander
No. 8 Jana Kempf
No. 9 Vacant
APPEARANCE OF FAIRNESS:
Chairman Cruz read a statement about the appearance of fairness for hearings
on land use matters. Chairman Cruz asked if any Commission member had
anything to declare. No declarations were made.
Chairman Cruz then asked the audience if there were any objections based on
conflict of interest or appearance of fairness questions regarding the items to be
discussed this evening. There were no objections.
Chairman Cruz asked the audience if there were objections to any Commissioner
hearing any matter. There were no objections.
ADMINISTERING THE OATH:
Chairman Cruz explained that State law requires testimony in quasi-judicial
hearings such as held by the Planning Commission be given under oath or
affirmation. Commissioner Cruz swore in all those desiring to speak.
APPROVAL OF MINUTES:
Commissioner Anderson moved, seconded by Commissioner Hay, that the
minutes dated July 15, 2010 approved as mailed. The motion carried
unanimously.
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OLD BUSINESS:
A. SPECIAL PERMIT Location of a farm in RT (Residential
Transition) and C-1 (Retail Business) Zones
(the southwest corner of the intersection of
Road 76 and Burden Blvd. lying northerly of I-
182) (Tom Kidwell) (MF# SP 10-020)
Chairman Cruz read the master file number and asked staff for comments.
Mr. Dave McDonald, City Planner, stated condition #14 should read the farming
operation shall not interfere with the bike path.
Commissioner Neuenschwander asked if the issue of spraying and the use of
chemicals was addressed.
Mr. McDonald stated the approval conditions addressed her concerns.
Commissioner Neuenschwander asked what would happen to the water rights, if
the property was not put to use.
Mr. McDonald stated the water rights would be forever lost if not perfected. The
proposed farm would cause the land to be put to a beneficial use thereby
preserving the water rights.
Commissioner Neuenschwander asked how complaints would be addressed.
Mr. McDonald stated prior to development a complaint plan would be required
from the applicant.
Commissioner Neuenschwander asked about the approval time period.
Mr. McDonald stated the initial recommended approval period was for three (3)
years with an extension to 5 years provided the applicant adheres to the
approval conditions. Extensions beyond the first five years would require a new
special permit application.
Commissioner Hay moved, seconded by Commissioner Anderson, to adopt
findings of fact and conclusions therefrom as contained in the August 19, 2010
staff report.
Commissioner Hay further moved, seconded by Commissioner Anderson, based
on the findings of fact and conclusions therefrom the Planning Commission
recommend the City Council grant a special permit to Tom Kidwell/Washington
State Department of Natural Resources for the location of a farm with conditions
as contained in the special permit. The motion passed unanimously.
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B. SPECIAL PERMIT Location of a dwelling unit on the second floor
of a building within a C-1 Zone (Benjamin Lee)
(1303 E. Lewis Street) (MF# SP 10-012)
Chairman Cruz read the master file number and asked for comments from staff.
Mr. Rick White, Community & Economic Development Director, that following
the initial public hearing on this matter it was discovered that a fire sprinkler
system required by the International Building Code to locate a residence above a
commercial establishment was not installed during construction. The applicant
has been asked to clarify his intentions whether to withdraw his request or
submit a plan to meet building requirements; the applicant has not yet
responded. Mr. White explained it was not appropriate to approve a special
permit for a building that would be impossible to have a sprinkler system
installed. Mr. White recommended action on the issue be tabled for one month to
allow the applicant time to clarify his position on the sprinklers and to determine
whether or not the hearing will need to be re-opened to discuss the sprinkler
issue.
Commissioner Anderson moved, seconded by Commissioner Kempf, to table this
item for one month and continue the public hearing. The motion passed
unanimously.
C. SPECIAL PERMIT Location of a level-one Community Service
Facility (Children's preschool) in a C-1 Zone
(World Life Church) (5252 Outlet Drive) (MF#
SP 10-019)
Chairman Cruz read the master file number and asked for comments from staff.
Mr. White stated the applicant clarified that the Department of Social and Health
Services does not require a preschool to have an outdoor play area and therefore
the church eliminated adding an outdoor play area.
Commissioner Lukins moved, seconded by Commissioner Anderson, to adopt
findings of fact and conclusions therefrom as contained in the August 19, 2010
staff report.
Commissioner Lukins further moved, seconded by Commissioner Anderson,
based on the findings of fact and conclusions therefrom the Planning
Commission recommend the City Council grant a special permit to the World Life
Church for the location of a children's preschool with the conditions as
contained in the August 19, 2010 staff report. The motion passed unanimously.
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D. REZONE Rezone an existing apartment complex (Carjo
Apartments) from C-1 (Retail Business) to R-4
(High Density Residential) Zone (2524 W.
Sylvester Street) (Fred LaMothe) (MF# Z 10-
003
Chairman Cruz read the master file number and asked for comments from staff.
Mr. McDonald had no additional comments.
Commissioner Anderson moved, seconded by Commissioner Hay, to adopt
findings of fact and conclusions therefrom as contained in the August 19, 2010
staff report.
Commissioner Anderson further moved, seconded by Commissioner Hay, based
on the findings of fact and conclusions therefrom the Planning Commission
recommend the City Council rezone the Carjo Apartment site from C-1 (Retail
Business) to R-4 (High Density Residential). The motion passed unanimously.
E. CODE AMENDMENT PMC 25.58 I-182 Corridor Overlay District
(MF# CA 10-001)
Chairman Cruz read the master file number and asked for comments from staff.
Mr. McDonald explained a hearing was held on the proposed code amendment
last month. The hearing was continued until August 19th. One of the reasons for
the continuation was to allow for notification of businesses that may be affected
by the proposal. Mr. McDonald indicated both the business owners and
property owners upon which temporary business are located were notified. No
comments were received back from affected parties. The second reason for the
continuation was to allow staff time to look into creating a time limit for
temporary businesses. It was pointed out regulatory ordinances have to address
a public purpose and the public purpose in this case was to address the
haphazard fashion in which temporary businesses operate. The I-182 standards
were specifically designed to address development aesthetics. Staff suggested the
proposal ought to support the purpose and intent of the 1-182 standards without
a time limit.
Commissioner Neuenschwander asked if the itinerant merchants were aware
that there are different standards in the I-182 corridor than in the downtown
area.
Mr. McDonald was not aware if the merchants understood. It was again pointed
out the itinerant merchants operating in the affected area were directly notified
of the hearing.
Commissioner Neuenschwander asked if permits were issued for the merchants.
Mr. McDonald stated explained the licensing process.
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Commissioner Lukins asked for an explanation of the 25 foot setback from the
right-of-way.
Mr. McDonald stated it was a little more than car length and was designed to
prevent distraction from temporary businesses displaying their items in or near
the public right-of-way to avoid traffic hazards.
Commissioner Neuenschwander asked if the City had signage limitations.
Mr. McDonald stated yes; signs are only to be displayed on sales vehicles.
Mr. White mentioned if the Planning Commission felt the need to expand the
scope of the proposed standards to include other areas of the community staff
could look into it for the Commission and the Commission could consider all
amendments at once.
Commissioner Kempf stated it would be appropriate to focus on the I-182
corridor now and maybe in the future look into the broader area.
Commissioner Anderson agreed with Commissioner Kempf.
Chairman Cruz took a poll of the Planning Commission and they agreed with
Commissioner Kempf's suggestion.
Chairman Cruz opened the public hearing.
George Dockstader, 4951 Selph Landing Road, stated something needed to be
done to keep the Road 68 area clean. He referred to one temporary business as
an eyesore that blocks the view of the building behind it. He felt it caused the
area to look like a flea market. Mr. Dockstader supported standards that would
keep the area clean and preserve the newness of the area.
Chairman Cruz closed the public hearing following three calls for testimony.
Commissioner Anderson moved, seconded by Commissioner Kempf, to adopt the
findings of fact as contained in the August 19, 2010 staff memo on Code
Amendments for PMC Chapter 25.58 The motion passed unanimously.
Commissioner Anderson further moved, seconded by Commissioner Kempf, the
Planning Commission recommend the City Council adopt the proposed Code
Amendments modifying PMC Chapter 25.58 as attached to the August 19, 2010
staff memo to the Planning Commission. The motion passed unanimously.
PUBLIC HEARINGS:
F. PRELIMINARY PLAT Preliminary Plat approval for a 14-lot
subdivision located on Sahara Drive between
Road 44 and Horizon Drive (Larry Seaman)
(MF# PP10-002)
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Chairman Cruz read the master file number and asked for comments from staff.
Mr. McDonald stated the application was for a 14-lot subdivision. Mr. McDonald
explained that the Desert Plateau, River View Heights neighborhood was
designed and was laid out in 1978. Over the years that initial plan has been
followed as the area has completely developed with the exception of Sahara Drive
between Road 44 and Horizon Drive. The Comprehensive Plan was discussed
along with the items contained within the written report.
Fred Tausch, 4211 Hilltop Drive, stated he was concerned about dust control,
grading of the property, the lot sizes and sizes of the houses proposed, as well as
any work restriction hours.
Mr. White stated the City has a condition related to dust control included in the
approval conditions; the City also has an on-call service available to water a site
in need of dust control. Grading plans are submitted prior to the building permit
being issued to address any structural issues or problems associated with the
soil and changing grade in the area.
Mr. Tausch was concerned with the 3-foot difference between his lot and the
next.
Mr. White stated the City requires a transition so there are no issues with
retaining walls. Work hours are not addressed with the zoning or municipal
codes; however there is a noise ordinance that addresses levels of noise. There
are different levels depending on what time of the day it occurs. Noise levels
between 10 p.m. to 7:00 a.m. cannot exceed 45 decibels.
Chairman Cruz mentioned the Code Enforcement Board addresses issues such
as noise violations.
George Dockstader, 4951 Selph Landing Road, stated he understands the
concerns brought up and this was the last section to develop in the area. The
prices for homes built will be in the range of $210,000 to $250,000 which
accommodates the existing neighborhood.
Chairman Cruz called for public comment and after three calls, the hearing was
closed.
Commissioner Neuenschwander asked about the approval condition dealing with
irrigation and further questioned if there would be a requirement for the
applicant to use irrigation water once available.
Mr. McDonald stated they will not be required to connect at this time; the
developer will be responsible to install dry irrigation lines even though there is
no irrigation water available.
Commissioner Lukins moved, seconded by Commissioner Anderson, to close the
hearing on the proposed preliminary plat and initiate deliberations and schedule
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adoption of findings of fact, conclusions and a recommendation to the City
Council for the September 16, 2010 meeting. The motion passed unanimously.
OTHER BUSINESS:
Commissioner Neuenschwander asked about the necessity of posting notices on
properties considered for public hearings
Mr. White explained that this issue had been discussed by the City Council for
several months and determined that process would remain as it is. It was
pointed out there were a number of problems associated with sign postings such
as cost, vandalism, wind blowing the signs over, people moving the signs as a
prank and people stealing the signs. Experience from Kennewick has shown that
relocated signs generate a number of calls to the city. It was explained that
notices are published in the paper twice and mailed to adjoining property
owners. Public notices are also available on the City's webpage. It was also
pointed out that the Council discussion on signs did not include all types of
public hearings
Chairman Cruz polled the Planning Commission and it was decided to leave the
notification process as it was.
Mr. White mentioned that there were seventeen applicants who applied for the
three Planning Commission vacancies. Council interviews will be held on
September 13, 2010.
Mr. White also informed the Planning Commission that 390 single family permits
have been issued so far this year. The commercial and industrial development
industry have been suffering from the tight credit which has slowed down
building permits. The Pasco School District reported that Pasco High School is at
capacity at 1,950 students; Chiawana High School has 2,100 students; and
McLoughlin Middle School has 1,500 students which is larger than any high
school in Kennewick. The Boat Basin Master Plan will be presented at the next
Planning Commission meeting.
With no further business, the Planning Commission was adjourned at 7:53 p.m.
David McDonald, Secretary
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