Loading...
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. -1 - 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. -2 - 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. -3 - 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. -4 - 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) -5 - 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 -6 - 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 -7 -