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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: -1 - 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. -2 - 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. -3 - 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. -4 - 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. -5 - 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. -6 - 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. -7 - 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 -8 -