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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: -1 - 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. -2 - 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 -3 - 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. -4 - 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. -5 - 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 -6 - 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. -7 - 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 -8 - 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. -9 - 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. _10 - 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. -11 - 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 -12 -