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HomeMy WebLinkAbout07-15-2010 Planning Commission Meeting Minutes REGULAR MEETING July 15, 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 June 17, 2010 be amended with a correction to the Administering the Oath where it stated Commissioner Anderson swore in all those desiring to speak should state Chairman Cruz. The motion carried unanimously. OLD BUSINESS: -1 - A. SPECIAL PERMIT Location of a children's daycare/preschool in an existing residence in a R-1 Zone (Building Blocks Childcare Center) (3605 W. Ruby Street) (MF# SP 10-018) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, stated the special conditions have been changed to allow for a maximum of 27 children to attend Building Blocks Childcare Center. Commissioner Anderson moved, seconded by Commissioner Kempf, to adopt findings of fact and conclusions therefrom as contained in the July 15, 2010 staff report. Commissioner Anderson further moved, seconded by Commissioner Kempf, based on findings of fact and conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to the Building Blocks Childcare Center for the expansion of the existing daycare with approval conditions. PUBLIC HEARINGS: 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. McDonald, City Planner stated the application was for the location of a farm in an RT & C-1 zone west of Lowe's on Road 68. The property is owned by the Department of Natural Resources and is part of the land they own to the south of I-182. The property has water rights attached to it and establishing a farm perfects the water rights assigned to this property. The only way to perfect those water rights is to put the land to beneficial use such as farm the land. I response to the hearing notice staff received a couple of calls regarding the stacking of hay in front of homes and use of the bike path. Dust control and noise were also briefly discussed. It was explained that the area west of Road 68 had been used for farming in past years and as development occurred, crop circles were purchased and incrementally converted to subdivisions with houses. Housing and farming have coexisted in the area with few complaints being generated. To address possible concerns about blocked views and other issue Mr. McDonald recommended the proposed approval conditions also include additional -2 - conditions regarding hay stacking in certain areas, over spraying on property owners fences, and interference with the bike path.. Connie Scheenstra, 4912 Porlier Lane, Pasco, WA stated she owned a townhouse bordering the property in question and she was concerned about blowing dust and use of fertilizers or pesticides. She also questioned the type of crop to be planted. Chairman Cruz stated alfalfa would be the crop for this property. The Planning Commission agreed to add the conditions as presented. Commissioner Anderson moved, seconded by Commissioner Hay, to close the hearing on the proposed commercial farm and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the August 19, 2010 meeting. B. CDBG 2011 Community Development Block Grant Allocations (Citywide) (MF# CDBG 10-012) Chairman Cruz read the master file number and asked for comments from staff. Angie Pitman, Block Grant Administrator, stated this item was presented at the June 17, 2010 meeting. There are two changes since the last meeting, Item 9, Jericho Road Ministries submitted a change to their original request; and Item 18 for the Highland Park street improvements was submitted as a back-up project. Commissioner Anderson questioned Ms. Pitman on a deadline for proposal submittals. Ms. Pitman stated there is an informal process for deadlines for projects and the proposal for the Highland Park street improvements was submitted internally as a back-up project to meet the criteria for timeliness issues. Chairman Cruz opened the public hearing. Amy Shultz, Jericho Road Ministries, 4952 Peony Street, West Richland, stated they submitted a revision due to new resources. Statistics for domestic violence calls were presented and one-third of the calls were related to victims from someone other than the intimate partner. The Esther Program provides for motel housing, food and transportation to victims and plans to expand housing options for the victims. Chairman Cruz mentioned this project has been proposed in the past and asked for a description of the funds already in place for this project. Ms. Shultz stated the majority of their funds are in-kind donations and pledges. Groups volunteered to do renovations, eliminating the need for those funds. -3 - Cash donations from anonymous sources will be used to equip the house. Total fundraisers over the next year total approximately $300,000. Chairman Cruz asked if they had $100,000 to purchase the house, when acquisition would begin. Ms. Shultz stated immediately. Chairman Cruz questioned when operations would begin. Ms. Shultz stated within one year. Commissioner Anderson stated he is in support of this project. However, the request is significant and he would feel more comfortable if they were further along in their grant applications and approvals. He would like to see this application a year from now. Chairman Cruz stated if the first year's operating funds were already secured, then the request for CDBG funds would be more appropriate. Gloria Garcia, Pasco Downtown Development Association (PDDA), stated since the last meeting inquiries have been received from six property owners for facades in the downtown area. Interested businesses include owners of City Lube, the old Western Auto Store, Liberty Theatre, and two properties next door to the Specialty Kitchen. Some of the projects are outside the boundary. Ms. Garcia mentioned the need to expand the boundaries to accommodate these requests. Projects currently in process include Viera's Bakery, Super Mex, and Meximuebbles. Chairman Cruz mentioned the carryover amount from the prior year CDBG funds. Ms. Garcia stated the property owners are "Mom and Pop" type businesses who need to save up for the fagade improvements. Absentee landlords were mentioned as the property owners that only want to collect the rent and not improve their fagade. Commissioner Lukins questioned if the facades already in process would be complete this year. Ms. Garcia stated yes. They are meeting with the architects and property owners to finalize the plans for the facades. Commissioner Lukins questioned staff on the process to expand the boundary as requested. Mr. White stated staff would be the contact to this request. -4 - Chairman Cruz stated if the facades in process are finalized and the allocations spent then maybe next year her proposal would be funded. Luisa Alaniz, Charity Training Center, stated she is aware the requested amount is more than allowable with budget monies, and presented a letter with documents regarding the Phoenix Gang Intervention and Prevention program. Ms. Alaniz, stated the revised request is for $80,000, or any monies left over from the 2011 Allocations to start their company. There was some discussion regarding training programs available, and working with Dave Reardon, Gang Task force, etc. Chairman Cruz asked if she had applied to other funding sources. Ms. Alaniz stated she is applying for many grants, one in particular, the Endowment of the Arts grant. Chairman Cruz stated that private agencies should be able to present a track record or enough money to match to make sure the project moves forward, and cited Jericho Roads Ministries efforts over the past two-years as an example. Commissioner Anderson questioned Ms. Alaniz on her awareness of other efforts such as the Boys 8v Girls Club and the city's Recreation programs. Ms. Alaniz stated yes. Commissioner Anderson stated from his knowledge of the programs in the community and the effort that the community has made over the last 15-20 years to fight gangs, that there has put a lot of effort in this and there is always more to do. He recommended she take her energies and invest them in the programs that are already up and running and successful. Ms. Alaniz stated she is not planning to work with the same type of adolescents that are in existing programs. She is working with others that do not qualify for those programs. The program has not been developed before and there is no great statistics or bearing for the program. She can provide statistics from other states. Her intent is to build a custom program for our community. Commissioner Anderson stated the Block Grant Program is not the right avenue for this type of program. He suggested she write grants to other agencies which fund this type of program. Chairman Cruz stated the burden of proof is higher for a program such as this. The object is to deploy money to programs to meet an in immediate need. Commissioner Hay stated he supports staff's recommendation. Chairman Cruz stated he also is in support. -5 - Commissioner Hay moved, seconded by Commissioner Anderson, the Planning Commission recommend the City Council approve the use of funds for the 2011 Community Development Block Grant Program as set forth in the "2011 Fund Summary" as recommended by staff. C. 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. White, Community 8s Economic Development Director, explained the request to locate a dwelling unit on the second floor of the newly constructed commercial building located on the corner of Lewis Street and Oregon Avenue. Dwelling units through the special permit process are allowed in the C-1 zone and during the plan review phase the City and applicant discussed the special permit process. Jason Lee, 11325 SE 28th, Kent, WA stated their application was for their family to live on the second floor as a security measure for the store. There is a separate entrance to the dwelling unit. Chairman Cruz asked the applicant if he had any questions and agreed with the special conditions. Mr. Lee stated he had no questions and agreed with the conditions. Commissioner Lukins moved, seconded by Commissioner Anderson, to close the hearing on the proposed dwelling units on the second floor of a building within the C-1 zone, and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the August 19, 2010 meeting. D. 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, Community 8v Economic Development Director, reviewed the applicant's request for the location of a level-one community service facility - children's preschool in the Broadmoor Square mall. The proposed preschool site is located within a church that was granted a special permit in late 2008. The applicant indicated an enrollment range from 10-50 children to accommodate the need for childcare from the students at Charter College. Mr. White indicated it would be appropriate to add an additional condition related to the number of students. -6 - David Jarrett, 369 Falcon Ridge, Richland, WA, Pastor at World Life Church stated they intend to have a preschool which would have two 4 hour classes available for a total enrollment of 50 students. A separate area is available within the church for the preschool and child activities. He stated several students from Charter College have asked if they provide childcare services and they would like to accommodate their need. Commissioner Kempf asked the applicant if they would have an outdoor play area. Mr. Jarrett stated they were currently working with the mall owner for the location of an outdoor playground. Chairman Cruz asked if that would be allowed under the special permit. Mr. White stated it could be allowed however it needs to be clarified for the Planning Commission to consider. Mr. Jarrett stated the play area would be "temporary" where the play equipment would be set up and removed daily. Mr. White stated the applicant should submit a sketch for the proposed outdoor play area. Chairman Cruz stated he would suggest a sketch be submitted. Commissioner Hay asked the applicant if he agreed to the conditions. Mr. Jarrett stated yes. Chairman Cruz asked the Commissioners if the maximum number of students should be 50. Commissioner Anderson stated it would be appropriate to add as an approval condition and asked if they should continue this to allow more time to provide the requested information. Mr. White suggested the matter be continued to the next Planning Commission Meeting allow time for staff and the applicant to discuss the number of students and the outdoor play area. Commissioner Anderson moved, seconded by Commissioner Hay, to continue this item to the August 19, 2010 meeting. PLANNING COMMISSION MINUTES 7/15/10 -7 - E. 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, City Planner, explained the request to rezone the Carjo Apartments from C-1 to R-4. The complex was built in 1976 and at that time zoning regulations allowed residential units to be constructed in the C-1 zoning district. The zoning regulations changed in 1982 and residential units were no longer permitted in the C-1 zoning district which caused a number of apartment complexes to be non-conforming. In the early 1990's lending institutions and insurance companies took note and made it difficult to finance and rebuild damaged non conforming apartment complexes. In the mid-1990's a number of commercial zoned apartment properties were rezoned to R-4. The written report was reviewed for the benefit of the Planning Commission. Fred LaMothe, 10024 W. Court Street, stated he was made aware that his complex was not in compliance with the Comprehensive Plan and zoning and if a fire occurred he would not be able to rebuild unless he was in conformance with the Comprehensive Plan and zoning. He stated that some time ago he requested and was granted a Comprehensive Plan amendment and is now requesting a rezone consistent with the plan. Commissioner Hay 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 August 19, 2010 meeting. PLANNING COMMISSION MINUTES 7/15/10 F. 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 stated a public hearing was held last year to consider a code amendment to the I-182 corridor overlay zone as it related to temporary businesses. The I-182 Overlay District prescribes certain design standards for buildings, enhanced landscaping and a few other items that are not required in other areas of the city. Over the past few years several temporary businesses have been licensed in the overlay area and have operated in a manner which is -8 - not consistent with the standards permanent businesses are required to follow. Examples have the haphazard manner in which temporary businesses operate were provided for the Planning Commission. Mr. McDonald explained one of the purposes for the zoning regulations was to enhance the economic well being of the community and stabilize or improve property values. These are important functions of the zoning regulations and give zoning regulations a public purpose. The I-182 design standards were established to support those purposes. The manner in which temporary businesses have been operating in the I-182 area does not supporting the overall purpose of the zoning regulations. Mr. McDonald reviewed the proposed code amendment would prohibit ancillary or accessory equipment such as awnings, benches, tables and other items from being place around a vendors vehicle. The amendment also requires additional setback and spacing requirements. Temporary businesses would have to be located at least 500 feet apart and no closer than 300 feet from a residential area. Commissioner Anderson asked if the "flag salesman" would no longer be allowed at Road 68 and Burden Boulevard. Mr. McDonald stated he would be allowed however, he would need to display his flags on his vehicle and would not be allowed to string a rope across the parking lot to display his flags. Chairman Cruz asked how long the itinerant vendor license was valid for and if they are able to renew for the same location. McDonald stated 30 days and yes for the same location. Chairman Cruz stated the proposal was basically saying do not set up a permanent operation for a temporary business. Mr. McDonald stated a public purpose would need to be addressed to add a time limit to the code amendment. Chairman Cruz stated if the intent was to not have them set up permanently why not add that to the code amendment? Commissioner Lukins stated he was not in favor of adding such language in fear of running off businesses and prefers a code amendment to clean up the business site. Commissioner Anderson stated this item should be researched and discussed. Chairman Cruz stated it would be appropriate to prevent squatters and does not want it to be overly restrictive. -9 - Commissioner Anderson stated the title of the code says itinerant merchant and not permanent merchant. Chairman Cruz mentioned the 25 foot setback from the street and 500 foot spacing proposed in the code amendment. Commissioner Kempf agreed with the proposed distances. Chairman Cruz asked the Commissioners whether to table this item and have staff prepare a report on the time length for the itinerant vendors to exist at the same location. Commissioner Lukins asked if the businesses had been notified for the proposed code amendment. Mr. McDonald stated an advertisement was placed in the newspaper; however, a direct mailing to businesses had not occurred. Commissioner Hay stated the word itinerant should be emphasized. Commissioner Kempf stated she was in favor of seeing time constraints and no overnight stays reviewed. Chairman Cruz asked for suggestions on the number of days for the businesses to locate at a particular business. Commissioner Anderson would like to see staffs proposal on the time constraints. Commissioner Kempf stated she would like the two vendors in question be present at the next Planning Commission. Commissioner Anderson moved, seconded by Commissioner Kempf, to continue this item at the August 19, 2010 meeting. OTHER BUSINESS: With no further business, the Planning Commission was adjourned at 8:30p.m. David McDonald, Secretary -10 -