HomeMy WebLinkAbout06-17-2010 Planning Commission Meeting Minutes REGULAR MEETING June 17, 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 Anderson swore in all those desiring to speak.
APPROVAL OF MINUTES:
Commissioner Hay moved, seconded by Commissioner Anderson, that the
minutes dated May 20, 2010 be approved as mailed. The motion carried
unanimously.
OLD BUSINESS:
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A. RESOLUTION Appreciation for Mr. Todd Samuel (Planning
Commissioner from May 1, 2006 to May 12,
2010
Commissioner Anderson moved, seconded by Commissioner Hay, to adopt the
resolution appreciating Mr. Todd Samuel. The motion passed unanimously.
B. RESOLUTION Appreciation for Mr. David Little (Planning
Commissioner from April 5, 1999 to May 21,
2010
Commissioner Anderson moved, seconded by Commissioner Kempf, to adopt the
resolution appreciating Mr. David Little. The motion passed unanimously.
C. SPECIAL PERMIT Operate a private bus terminal in a C-3 Zone
(Griselda Lopez) (205 S. 4th Avenue) (MF# SP
10-015)
Chairman Cruz read the master file number and asked for comments from staff.
Dave McDonald, City Planner, stated this item was tabled during the last
Planning Commission meeting to allow staff to research information related to
the 25-passenger vans that the applicant indicated they were using. The vans
are 24 1/2 feet long and they are similar to shuttle type vans used at airports. The
staff report had been modified to reference the use of 25-passenger vans instead
of 15-passenger vans.
Commissioner Hay asked if staff had discussed the report with the applicant.
Mr. McDonald stated the staff report had been mailed to the applicant.
Commissioner Neuenschwander mentioned condition number one stated the
special permit was personal to the applicant and she wanted to know if the
business was sold how ownership was reviewed to determine the responsible
party.
Mr. McDonald stated the business license application provides ownership
information and when ownership changes the new owners name will appear on
the license application.
Chairman Cruz mentioned the open item during the last meeting was the size of
the bus and the representative was supportive of using the 25-passenger van.
Chairman Cruz opened the public hearing, after three calls the public hearing
was closed.
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Commissioner Anderson moved, seconded by Commissioner Kempf, to adopt the
findings of fact and conclusions therefrom as contained in the June 17, 2010
staff report.
Commissioner Anderson moved, seconded by Commissioner Kempf, that based
on the findings of fact and conclusions as adopted the Planning Commission
recommends the City Council grant a special permit to Fronteras Travel for the
location and private van transportation business at 205 S. 41h Avenue with
conditions as listed in the June 17, 2010 staff report. The motion passed
unanimously.
D. REZONE Rezone C-2 to C-1 (Ziobro) (117 S. Sth Avenue)
(MF# Z 10-001) ** Remand from City Council **
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community 8v Economic Development Director, stated the rezone is
a remand from City Council. In this case, the Council remanded the matter back
to the Planning Commission for further consideration of three separate items.
These are: the portion of the building that would be devoted to dance hall use,
the service of alcoholic beverages at the proposed use, and the amount of
parking that would be required if the use were in operation with the square
footage that was presented at the hearing. The remand concerns Council's desire
to make certain that the Planning Commission considered those three separate
items. Mr. White explained the Commission had been provided verbatim
transcripts from both meetings that this item was considered at. The staff report
contains an attachment that indicates by line number and page number where
building size, parking and alcohol beverages were considered at both the March
181h and April 15th meetings. Mr. White also pointed out that during the remand
process no further public testimony is permitted. The public testimony has
happened already and the hearing won't be reopened. Staff noted to the
Commission that consideration of a rezone request is governed by criteria
contained in the Pasco Municipal Code, which was explained in great detail in
the previous two staff reports. So the criteria the Planning Commission was
presented in the staff reports in March and April are the criteria that were
necessary for the Planning Commission to consider the recommendation for the
change of zone. Staff has prepared additional findings should the Planning
Commission see fit to adopt those findings.
Chairman Cruz called for questions for staff.
Commissioner Anderson asked their present consideration was whether to grant
or not grant the rezone.
Mr. White stated the Planning Commission should consider if the record as
represented by transcripts of March and April sufficiently address the issues
that City Council determined must be considered in the remand. If the Planning
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Commission feels they do then that is fine. If the Planning Commission wants to
enhance the findings as presented by staff then that is fine also.
Commissioner Neuenschwander stated she reviewed the transcripts and staff
reports and noticed the interest seemed to be more in the dance hall than in the
rezone itself. The zone change would allow a dance hall as well as many other
types of businesses in the building. The address is in the downtown district,
which does not allow certain types of businesses. She called for clarification on
the request for a rezone only and no reference to a dance hall. Even though City
Council is asking to make note of it, she stated it is noted in the reports
regarding the dance hall activity and what would be involved.
Chairman Cruz stated the concern is that the site abuts the C-2 zone and if they
want to rezone to C-1 which is the same area. He is in support of this rezone and
was looking for more input from the Commissioners and a motion.
Commissioner Anderson stated there was a history as to the reason why the area
was zoned C-2. He was not questioning whether the applicant would run a great
business. Once the door is opened there will be more requests to change the
zoning in the area. Changing the site to C-1 and allowing a dance hall is going
backwards in his opinion and if City Council wants that area opened up to those
type of uses, they need to remove the Central Business District designation and
deal with it themselves.
Commissioner Neuenschwander stated she agreed with Commissioner Anderson.
Commissioner Hay stated he agreed with Commissioners Anderson and
Neuenschwander.
Commissioner Lukins also agreed.
Commissioner Kempf also agreed. She stated the applicant has a great business
plan; unfortunately, it does not fit in this area.
Chairman Cruz stated he thinks they are confusing an event hall with a dance
hall and was in favor of rezoning the corner.
Mr. White suggested that if they decide to revise the findings of fact then the
motion would be to adopt the revised findings of fact dated June 17, 2010 and
recommend denial of the rezone.
Chairman Cruz stated they have considered the other items as requested by
Council however, there was not enough to sway the recommendation of the
Commission.
Commissioner Anderson moved, seconded by Commissioner Kempf, to adopt the
revised findings of fact as presented by staff in the June 17, 2010 staff report
effectively denying the rezone from C-2 district to a C-1 district. The motion was
unanimously approved.
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Commissioner Anderson moved, seconded by Kempf, based on the findings of
fact as adopted by the Commission that they recommend City Council deny the
rezone from C-2 to C-1. The motion passed with one dissenting vote from
Chairman Cruz.
PLANNING COMMISSION MEETING
6/17/10
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, City Planner stated this item was presented to the Planning
Commission in as a workshop July of 2009 followed by a public hearing in
August of 2009. Some background information was provided on the location I-
182 Overlay Zone and the standards which apply to the zone. The I-182 Overlay
has a high standard for site development than other parts of the community. The
standards are specific to permanents businesses. Temporary business such as
special event sales and itinerant merchants are not covered within the I-182
Overlay Standards. These temporary businesses often set up in a haphazard
fashion and detract from the intended purposes that the I-182 standards were
established to address. Mr. McDonald explained staff had received complaints
from residents over the past couple of years, related to the manner in which
some temporary businesses have been operating on Road 68 and Burden
Boulevard. The proposed code amendment was developed to address concerns
about the manner in which temporary businesses operated in the I-182 area.
Staff recommended one more hearing be held before a recommendation was
developed for the City Council.
Commissioner Neuenschwander asked if temporary business licenses had codes
for them in other parts of the City and if so, is it being enforced.
Mr. McDonald stated there are two types of business licenses. One was for
special events --- one or two day sale events; the other was for itinerant
merchant and they typically consist of stationary vendors or a mobile vendors. A
mobile vendor such as an ice cream truck or a push cart and a stationary vendor
such as a taco truck which is located on a lot and does not move. They are
required to obtain a license monthly and there are standards they abide by such
as setbacks from the street, driveways, buildings, gas pumps, etc. However,
some itinerant merchants are leaving propane bottles, buckets, ladders, hoses,
etc outside at night which is not typical for permanent businesses and detracts
from the 1-182 corridor.
Commissioner Neuenschwander asked if there were codes already in place and
why do they need to be specific to this corridor and why not enforce the codes.
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Mr. McDonald stated the codes in place do not specifically address certain
situations such as leaving propane bottles permanently outside trucks or putting
up foosball tables in parking lot and leaving them there for a long period of time.
Commissioner Neuenschwander asked if the proposal was for the corridor
overlay district and I-182 corridor.
Mr. McDonald stated yes. The code amendment was in response to complaints
from residents in the I-182 area.
Chairman Cruz asked if there were any other comments or questions for staff.
He proposed to add this item to the July meeting.
PUBLIC HEARINGS:
A. SPECIAL PERMIT Location of a children's daycare/preschool in
an existing residence in a R-1 Zone (Building
Blocks Childcare Center) (36O5 W. Ruby Street)
(MF# SP 10-018)
Chairman Cruz read the master file number and asked for comments from staff.
Mr. McDonald stated the request was for the modification of an existing special
permit for a daycare located on the corner of Ruby Street and Road 36. A
daycare has existed at this location for the past seven years. The original special
permit was granted in 2003 with a condition that the number of children be
limited to 20. The original application was for 25 children. There have been no
complaints through the duration of this business and the appearance of the
facility is in good shape and well maintained. Typically neighbors complain
about traffic generated from daycare in residential neighborhoods. Staff
conducted a survey of the site on Wednesday morning (6/16/10) to verify that
the traffic coming to the site was staggered (as the applicant indicated) and did
not cause any issues. There were 12 cars that visited the site from 7:28 a.m. to
8:10 a.m. Staff recommend the special permit limit the number of children to 25.
Commissioner Lukins questioned the limitation on the number of children.
Mr. McDonald stated home based daycares are allowed in any zoning district
with 12 children or less. Twenty-five children would be similar to two in-home
daycares on the same property.
Commissioner Neuenschwander stated she drove by the facility and it was quiet
during daytime activities and witnessed the neighborhood does have a lot of
vehicles. She noticed there was parking available on the side of the home on a
gravel surface.
Mr. McDonald stated the previous recommendations required the parking area
as well as the loading and unloading to be in the driveway area. The applicant
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made the driveway wider to accommodate the recommendations for the original
special permit.
Commissioner Hay called for clarification on the complaints in the neighborhood.
Mr. McDonald stated staff has not received any complaints prior to this
application. However, a resident recently phoned and stated the daycare was
noisy.
Commissioner Neuenschwander stated the application was fine and did not see
any issues with the traffic.
Juan Manuel Garza, 3611 Mesquite Drive, stated they have had no problems
with their business or location. They take great pride in the appearance of their
facility. Twenty-five children would be appropriate however they would like to
have 27 children as permitted by Department of Social and Health Services
(DSHS). They do have a waiting list and want to accommodate the needs in the
community.
Gloria Garza, stated she operates the daycare and has previously worked with
the DSHS for 15 years. She stated they had between 2,000 to 3,000 children
come through their daycare. They provide services to single-parent head of
households, divorced parents and young parents.
Chairman Cruz asked if the Garza's would object to granting approval to 27
children.
Mr. Garza stated, "not at all!" They had the DSHS/Health Department come
down from Spokane to measure the facility and they have room per the state for
27 children. The state will not allow them to have 27 children until the City
Special Permit was amended.
Chairman Cruz asked if there were any concerns of restricting hours of
operation from 6:00 a.m. to 6:30 p.m. or weekends.
Mr. Garza stated their daycare opens at 7:30 a.m. and closes to 5:30 p.m.
Chairman Cruz asked if they had any interest in changing their hours.
Mr. Garza stated, "no", they are a small provider and are able to pay their staff a
good wage. In adding more hours, it would add to their costs and they have not
had any employees which would prefer to start at 6:00 a.m. Parents are content
with picking up their children by 5:30 p.m.
Chairman Cruz opened the public hearing, after three calls and no response, the
hearing was closed.
Commissioners' discussions focused on allowing 27 children for the daycare.
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Commissioner Hay, seconded by Commissioner Anderson, moved to close the
hearing on the proposed daycare expansion and initiate deliberations, and
schedule adoption of findings of fact, conclusions and a recommendation to the
City Council for the July 15, 2010 meeting. The motion passed unanimously.
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.
Angela Pitman, Block Grant Administrator, stated per Resolution, City Council
has named the Planning Commission as the advisory board for Community
Development Block Grant Program. This is the first of two public hearings for
allocation of CDBG funds for program year 2011. In compliance with the
citizen's participation plan notice of this public hearing was published in the
local section of the Tri-City Herald and LaVoz's hispanic newspaper. In 1974 the
Housing and Community Redevelopment Act was enacted by Congress and is
commonly known as the Cranston-Gonzalez Act. Title I of the Act created the
CDBG program replacing eight separate competitive programs and rolling them
in to one formula grant. In order to receive a grant, you must be an entitlement
city or an urban county. The City of Pasco qualifies as an entitlement city and
received an entitlement based on a formula that considers both housing
conditions and income levels in the city. Requests for proposals are solicited and
reviewed in accordance with the goals of the Consolidated Plan and the City of
Pasco priorities. Eligible activities from the Annual Action Plan form the annual
work plan. The Annual Action Plan also serves as the City's application for
entitlement funds and must be submitted to HUD for approval by November
each year. The purpose of the CDBG program is to develop viable communities
by expanding economic opportunities, providing suitable living environments
and decent housing. Eligible activities must meet one of three national objectives
which are to either benefit primarily low-moderate income persons, aide in the
prevention or elimination of slum and blight or meet urgent community needs.
They also must meet eligible activity criteria as specified in 24CFR570. For 2011
it is estimated that the City will receive an annual entitlement of approximately
$600,000, plus $150,000 of prior year program income and plan to reallocate
approximately $92,540 from prior year activities. That makes $842,840 available
for 2011. The City of Pasco can either perform the work itself with City staff and
contractors or we can form partnerships with local non-profit or other
government agencies. Eligible program partners can be a sub-recipient,
contractors, or a community based development organization that meets special
criteria that is identified in 24CFR570. The City received 17 proposals totaling
approximately $2.8 million with $842,000 available which leaves a deficit of
approximately $1.9 million. After preparation of the Annual Action Plan there
will be a 30-day public review period which would end on October 15, 2010 and
will be submitted to HUD on November 15, 2010. The goals for the Consolidated
Plan have been revised, two of the smaller goals were combined into one goal due
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to similar characteristics. Applications are categorized by project types and
goals.
Rick White, Community 8s Economic Development Director, stated a table has
been provided with the recipients listed which consists of the agency name, the
non-CDBG match, agency request and what City staff has recommended.
Ron McHenry, Boys and Girls Club, 801 N. 18th Avenue, Pasco, presented his
request for carpet replacement, asbestos removal and installation of energy-
efficient lighting.
Shari Hallman, Catholic Volunteer Services, 2110 W. Henry, presented her
request for $4,000 for wheelchair ramps to improve mobility for elders and
people with disabilities.
Luisa Alaniz, Anti-gang prevention/intervention program, Charity Training
Center, presented her request for $1,365,582.50 to create a center for the Tri-
City area. This bilingual program provides a curriculum for gang
prevention/intervention. They would provide alternative education and a center.
Chairman Cruz questioned the dollar amount request and that there is no CDBG
match listed.
Ms. Alaniz stated they are requesting 100% to be funded by CDBG at this time
due to the fact they are unable to develop funding sources until later in the year.
In August they expect an endowment of the arts and in July funds from ESL.
Amy Shultz, Jericho Road Ministries, 2500 Jericho Road, presented her request
for funds for acquisition of an existing structure which would house 15 women
and children which would reduce homelessness. They would provide emergency
housing as well as transitional housing to aide in a sustainable situation for
victims of domestic violence.
Commissioner Kempf questioned on the location of the proposed facility.
Ms. Shultz stated it is located in Pasco.
Chairman Cruz questioned the dollar amount secured to date.
Ms. Shultz stated there is $12,000 designated towards this project.
Chairman Cruz questioned if they were 5%-8% of where they need to be to
purchase this structure.
Ms. Shultz stated yes they do have a lot of in kind support as well. The owner is
donating a portion of the house. The majority of the grant funds would be used
to make repairs and upgrades in the home.
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Chairman Cruz questioned if they take the cash and donated portion of the
house, where does that leave you.
Ms. Shultz stated $112,000.
Gloria Garcia, Pasco Downtown Development Association, 720 W. Lewis Street,
presented her request for downtown fagade improvements. She mentioned her
connection with CBC and their program FIRST which works in conjunction with
the downtown area.
Commissioner Lukins questioned the carryover amount from last year.
Ms. Garcia stated the carryover is for the projects that will be completed this
year.
Ms. Pitman stated there are two program years of carryover, one for $84,000 and
another for $80,000, which allows for eight facades. Three facades have been
approved and four are in the process and there is still one yet to be identified.
Ms. Garcia stated she is working with the architect to make changes with the
owners. She mentioned that Super Mex and Viera's bakery are the anchors of
the downtown. Another business is adding awnings to their building. Her focus
is to get Lewis Street from 3rd to 4th on both sides completed.
Chairman Cruz questioned staff on their recommendation for zero funds.
Mr. White stated the amount of carryover.
Victoria Silvernail, Executive Director Pasco Specialty Kitchen, stated her
request for $65,000 for the incubator kitchen for small businesses which allows
a start up at low cost to get their business going. They teach marketing skills
and help set up a business plan with in-house classes and work with CBC,
TRIDEC and Numerica Bank. Seven jobs have been created, nine clients are in
their own storefronts with one client ready to sign a lease. They are focusing on
working with farmers and manufacturing their product. They have the
Commercial Foods Academy from Pasco High School which uses their facility.
Chairman Cruz mentioned the staff recommendation is less than her request
and wants to know if there are concerns.
Ms. Silvernail stated she understands staff is dealing with a lot of requests and
is constantly looking for more funding. She spoke to a group in Spokane who is
looking towards building an incubator kitchen. She mentioned they would make
budget cuts if needed.
Tri-Cities Hispanic Chamber of Commerce did not have a representative for the
request for the four downtown fagade improvements.
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Rick Terway, Director of Administrative and Community Services, stated his
requests for recreation specialists at the Martin Luther King Center and City Hall
provide for after school programs as well as others for kids in the area. He also
has requested funding for the recreation specialist at the Senior Center. There is
a foot care specialist and dental hygienist, which serve the Senior Center. The
northeast soccer complex request is geared towards the Hispanic soccer league
as well as the YMCA. The soccer fields at Road 36 are not in good shape and are
costly to repair and maintain. The soccer project is estimated at $850,000, which
includes the parking pad funds, and they are applying for a state recreation
conservation grant match and general funds that will make this project come to
fruition. It is proposed to create eight fields with ample parking and no on street
parking with a picnic shelter and a play structure area. The next proposal is for
the Senior Kitchen remodel. The equipment is outdated and the refrigeration
units are at the end of their life and need to be replaced. The last request is for
the Martin Luther King Center replacement of the HVAC system.
Mr. White stated his request for the Code Enforcement Officer is completely
dedicated to prevention of neighborhood decline in low-moderate income census
tracts. The officer works exclusively in low-moderate income tracts. The CDBG
program administration provides the entire administration for the CDBG and
HOME program. In 2006, the Kurtzman Neighborhood requested improvements
for curb, gutter, sidewalks, storm drainage, street lighting, increased Code
Enforcement and Police patrol. The Kurtzman Park Neighborhood is a large
request for $350,000 for 2011 and a similar request for 2012, which will provide
curb, gutter, sidewalk, storm drainage, street lighting and widening the
pavement, which is associated with a new street. The Public Works department
will be installing utilities such as sewer and water. The proposal for 2012 would
consist of LID assistance for qualifying households. The request for a
Neighborhood Revitalization Specialist is for staff funding. This position would
focus on economic development and administer HOME programs.
Chairman Cruz asked for clarification from staff on which direction to go on this
item.
Mr. White stated discussion to give staff direction would be appropriate, a
second public hearing would be held in July and would be used to clarify
proposals.
Commissioner Hay stated Ms. Pitman has done an excellent job and is in favor of
staff recommendations.
Chairman Cruz agreed. Once the Boys and Girls Club clarifies the asbestos
issue, he would put Catholic Family Charities and the Senior Center Kitchen
remodel as the next priority programs for funding.
Chairman Cruz opened the public hearing.
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Kim Keltch, Domestic Violence Services Coordinator, Pasco Police Department,
stated she partners with Jericho Road Ministries. She mentioned cases where
there are no options for individuals to leave this community. The Tri-Cities does
not provide resources to meet the needs for victims of domestic violence and
their children to remain in the Tri-Cities. This facility would prevent children
from having to relocate schools, etc. Approval for this request allows
opportunities for other funding.
Chairman Cruz stated he would like to see more funds in the bank before they
could move forward.
Ms. Keltch stated they need this endorsement to move forward.
The public hearing was closed.
OTHER BUSINESS:
With no further business, the Planning Commission was adjourned at 9:20 p.m.
David McDonald, Secretary
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