HomeMy WebLinkAbout05-20-2010 Planning Commission Meeting Minutes REGULAR MEETING May 20, 2010
PLANNING COMMISSION MEETING
CALL TO ORDER:
The meeting was called to order at 7:00 P.M. by Commissioner Anderson, due to
the resignation of Commissioner Samuel.
POSITION MEMBERS PRESENT MEMBERS ABSENT
No. 1 Vacant
No. 2 James Hay
No. 3 Andy Anderson
No. 4 David Little
No. 5 Joe Cruz
No. 6 Kurt Lukins
No. 7 Jan Neuenschwander
No. 8 Jana Kempf
No. 9 Carlos Perez
APPEARANCE OF FAIRNESS:
Commissioner Anderson read a statement about the appearance of fairness for
hearings on land use matters. Commissioner Anderson asked if any Commission
member had anything to declare. No declarations were made.
Commissioner Anderson 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.
Commissioner Anderson asked the audience if there were objections to any
Commissioner hearing any matter. There were no objections.
ADMINISTERING THE OATH:
Commissioner Anderson 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 Little moved, seconded by Commissioner Lukins, that the
minutes dated April 15, 2010 be approved as mailed. The motion carried
unanimously.
ELECTION OF A CHAIRPERSON:
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Commissioner Hay moved, seconded by Commissioner Kempf, to nominate
Commissioner Cruz as Chairperson. The motion passed unanimously.
ELECTION OF A VICE-CHAIRPERSON:
Commissioner Anderson moved, seconded by Commissioner Hay, to nominate
Commissioner Kempf as Vice-Chairperson. The motion passed unanimously.
OLD BUSINESS:
A. SPECIAL PERMIT Location of a Church in an R-3 Zone (Iglesia
Evangelica Cristiana) (1215 W. Court Street)
(MF# SP 10-011)
Chairman Cruz read the master file number and asked for comments from staff.
Staff had no additional comments.
Commissioner Anderson moved, seconded by Commissioner Little, to adopt the
findings of fact and conclusions therefrom as contained in the May 20, 2010
staff report. The motion passed unanimously.
Commissioner Anderson moved, seconded by Commissioner Little, based on the
findings of fact and conclusions therefrom, the Planning Commission
recommend the City Council grant a special permit to Iglesia Evangelica
Cristiana Espiritual for the location of a church at 1215 West Court Street with
conditions as contained in the May 20, 2010 staff report. The motion passed
unanimously.
B. SPECIAL PERMIT Dwelling units on the second floor of a
commercial building in a C-1 Zone (Maria
Victoria Galindo) (720 W. Lewis Street) (MF# SP
10-012)
Chairman Cruz read the master file number and asked for comments from staff.
Following a brief discussion on the recommended conditions Commissioner Hay
moved, seconded by Commissioner Anderson, to adopt findings of fact and
conclusions therefrom as contained in the May 20, 2010 staff report. The motion
passed unanimously.
Commissioner Hay 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 Maria Galindo to maintain
dwelling units on the 2nd floor of a building located at 720 West Lewis Street with
conditions as contained in the May 20, 2010 staff report. The motion passed
unanimously.
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C. SPECIAL PERMIT Operate a truck/trailer and car sales lot in a C-
3 Zone (Mike Young Equipment Locators) (114
N. Oregon Avenue) (MF# SP 10-014)
The Chairman indicated the application had been withdrawn.
D. 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 explained that due to the absence of the applicant,
this item was tabled to the May 201h meeting. Mr. McDonald explained that
during the past month several attempts were made to contact the applicant.
Correspondence to the applicant had been returned to the City from two
different addresses. A brief explanation of the application was again reviewed for
the benefit of the Planning commission followed by a discussion on the capacity
of the buses. The staff recommended that the 15 passenger vans be used at the
site.
Chairman Cruz asked if there was a representative present.
Jose Torres, represented the applicant.
Chairman Cruz asked Mr. Torres if he was comfortable with the permit
conditions as stated in the staff report.
Mr. Torres stated yes, and that he was not aware of the type of proceedings he
was attending. He was asked by Ms. Lopez to attend in her absence.
Chairman Cruz questioned if he understood there was a restriction for 25-
passenger and 51-passenger buses.
Mr. Torres stated yes.
Chairman Cruz explained the hearing was the time for Mr. Torres to speak out if
they felt the recommendation was constraining or if there could be an alternate
solution.
Mr. Torres stated there was a business located on the other side of the alley from
the bus office that operated semi-trucks. He stated they only use 25-passenger
busses. He did not understand why they would not be allowed to use their 25-
passenger buses when the other company parks semi-trucks on the site for
weeks at a time.
Chairman Cruz asked staff to address the concern.
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Mr. McDonald stated the distribution company, which operates out of the
building to the south of the bus company is a permitted use in the zoning
district. Conditions and restrictions are generally applied to a business activity
though the special permit process.
Chairman Cruz asked for clarification on the staff recommendation on the size of
the bus/van. The staff report mentions restricting a 51-passenger bus but not a
25-passenger bus.
Mr. McDonald explained the condition was for a 15-passenger van so the
restriction included 25-passenger buses.
Commissioner Little asked if the applicant's normal practice was to use a 25-
passenger bus.
Mr. Torres stated yes. The passengers come in on the 51-passenger buses to
Yakima. From there they distribute passengers in the smaller 25-passenger
buses. The buses do not stay at the Pasco location; they only pick up and drop
off passengers.
Commissioner Little questioned if they unload passengers from the street.
Mr. Torres stated yes. They do not have any other option because the
distribution company trucks are often using the site.
Commissioner Neuenschwander asked staff if the restriction on 25-passenger
buses or 51-passenger buses meant on the property or on the road next to the
the business.
Mr. McDonald stated on the site or on the street.
Commissioner Neuenschwander stated there would be no allowance for a 25-
passenger bus in that particular area.
Mr. McDonald stated that is staff's recommendation.
Commissioner Little asked what type of hardship would this impose on the
business.
Mr. Torres stated a very big one; they would need to purchase smaller buses or
find a different way to accommodate their passengers.
Mr. McDonald explained that staff discussions with the applicant's application
indicated they use 15-passenger vans.
Mr. Torres stated they do not have 15-passenger vans in town. They use them in
Yakima and Los Angeles; but not in the Tri-Cities.
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Chairman Cruz asked Mr. Torres to describe the difference between a 15-
passenger van and a 25-passenger bus.
Mr. Torres stated the only difference is the seating capacity. The 15-passenger
van only has four long seats and the 25-passenger bus has seating along the
edges of the bus.
Chairman Cruz asked if a 25-passenger bus looked like a rental car shuttle bus.
Mr. Torres stated yes.
Chairman Cruz asked staff if a 25-passenger van would be materially different
than a 15-passenger van.
Mr. McDonald asked Mr. Torres what the difference was in the length of the 15-
passenger van versus the 25-passenger van.
Mr. Torres stated he was unable to answer the question off the top of his head.
Mr. Torres stated the difference was in the width not length.
Mr. White recommended staff provide some research for this item.
Commissioner Neuenschwander asked if Mr. Torres provided service from the
site at this time.
Mr. Torres stated yes.
Commissioner Neuenschwander asked if the company was currently driving on
the site and then backing up.
Mr. Torres stated no. They currently pull up on the road and drop off passengers
on the sidewalk.
Commissioner Neuenschwander asked if they placed cones on the road.
Mr. Torres stated that he is not aware of that.
Chairman Cruz stated one of the recommended conditions restricted loading or
picking up passengers on 4th or Columbia Street; which would mean they could
only load and unload on the property.
Commissioner Little moved, seconded by Commissioner Hay, to table the hearing
to the June 17, 2010 meeting. The motion passed unanimously.
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PUBLIC HEARINGS:
A. REZONE Rezone C-1 to C-3 (Mike Young Equipment
Locators) (114 N. Oregon Avenue) (MF# Z 10-
002
Chairman Cruz read the master file number and asked for comments from staff.
Mr. McDonald explained that at the April Planning Commission meeting the
Planning Commission considered an application for a special permit for car and
truck sales on the property in question. As a result of that hearing it was
determined the applicant's request was not appropriate for review under the
special permit process. The vehicles proposed for sale on the site fell under the
category of heavy equipment. During the course of the April public hearing it
was explained that it would be more appropriate to consider the applicant's
proposal under a rezone rather than a special permit.
Mr. McDonald reviewed the rezone staff report pointing out the surrounding C-3
and I-1 zoning along with the heavy commercial and industrial land uses found
along the Oregon Avenue corridor. It was pointed out that the Oregon Avenue
area had developed with industrial supply facilities and heavy equipment sales
and service businesses. The proposed rezone was supported by the
Comprehensive Plan and appeared to be an appropriate extension of the existing
C-3 in the neighborhood. Mr. McDonald also pointed out that as indicated in the
previous meeting, the Planning Commission would consider the proposed rezone
in one meeting only.
Chairman Cruz opened the public hearing.
Mike Young, 4003 W. Sylvester Street, Pasco, thanked staff for their assistance
with the proposed rezone. Mr. Young stated he agreed with the staff report.
Chairman Cruz closed the public hearing.
Commissioner Anderson moved, seconded by Commissioner Kempf to adopt
findings of fact and conclusions therefrom as contained in the May 20, 2010
staff report. The motion passed unanimously.
Commissioner Anderson further moved, seconded by Commissioner Kempf,
based on the findings of fact and conclusions therefrom the Planning
Commission recommend the City Council rezone the site from C-1 (Retail
Business) to C-3 (General Business). The motion passed unanimously.
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WORKSHOP:
A CODE AMENDMENT: Outdoor Lighting (PMC Chapter 12.32)) (City of
Pasco
Chairman Cruz read the master file number and asked for comments from staff.
Mr. White, Community & Economic Development Director, stated the Planning
Commission had briefly discussed the issue of outdoor lighting in a previous
meeting. Mr. White reviewed the memo the Planning Commission had received
and discussed the history of the current code. In the early 1970's communities
within the Tri-Cities adopted lighting ordinances to protect a new observatory
being built on Rattlesnake Mountain from the night glow of urban development.
Kennewick and Richland has since updated their Lighting Ordinances with the
technological updates that have occurred since the 1970's. The Pasco code has
not been updated. This matter was being presented to the Planning Commission
to see if it was an issue the Commission wanted to review. Review of the code
would raise policy questions that would be appropriate for the Commission to
consider.
Chairman Cruz asked the Commissioners for comments.
Commissioner Anderson stated it would be beneficial to be consistent with the
standards of the neighboring cities. He also suggested "grandfathering" existing
situations.
Commissioner Neuenschwander stated in some communities updated lighting is
required when a remodel equals 40% or more of the value a building.
Commissioner Neuenschwander supported studying the issue.
Commissioner Anderson asked if there was a model ordinance the Commission
could use as an example.
Mr. White stated Kennewick has a lighting ordinance as well as other examples.
Commissioner Neuenschwander stated she would like to see residential
properties included in the process.
Chairman Cruz stated he recalled special permits having conditions related to
light spillage for sports lighting.
Mr. McDonald stated the Catholic High School special permit contained such a
condition.
Chairman Cruz summarized that the Planning Commissioners would like to see
a draft ordinance, which includes grandfathering existing properties, to include
residential and commercial properties, and to require upgrades for remodels
meeting 50% or more of the property value.
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Following additional discussion Chairman Cruz summarized that the intent was
to limit light spillage and the Commission would like to see an ordinance that
would grandfather existing residential and commercial properties and require
existing properties to upgrade when they are damaged or remodeled by 50% or
more of their value.
OTHER BUSINESS:
A. Block Grant Allocation Process for 2011 funds:
Mr. White, Community & Economic Development Director, stated at the June
meeting a public hearing would be held for Community Block Grant
applications. The City will receive approximately $600,000 for the 2011 program
year. The Planning Commission is the City's designated Block Grant Advisory
Committee. It is expected the City will receive a number of detailed proposals
from parties applying for Block Grant funding.
Chairman Cruz called for questions or comments from Commissioners.
Commissioner Neuenschwander asked if the Planning Commission meets once a
year for Block Grant projects or several times a year.
Chairman Cruz stated once a year.
B. Recognition Resolution for Todd Samuel
Mr. White stated Mr. Todd Samuel did an excellent job of eliciting public
comment during hearings and requested approval of a resolution recognizing Mr.
Samuel.
Chairman Cruz called for a motion.
Commissioner Anderson moved, seconded by Commissioner Hay, to approve a
resolution recognizing the services of Todd Samuel. The motion passed
unanimously.
With no further business, the Planning Commission was adjourned at 7:57 pm.
David McDonald, Secretary
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