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HomeMy WebLinkAbout04-15-2010 Planning Commission Meeting Minutes REGULAR MEETING April 15, 2010 PLANNING COMMISSION MEETING CALL TO ORDER: The meeting was called to order at 7:00 P.M. by Chairman Todd Samuel. POSITION MEMBERS PRESENT MEMBERS ABSENT No. 1 Todd Samuel, Chairman No. 2 James Hay No. 3 Andy Anderson No. 4 David Little No. 5 Joe Cruz No. 6 Vacant No. 7 Vacant No. 8 Jana Kempf No. 9 Carlos Perez APPEARANCE OF FAIRNESS: Chairman Samuel read a statement about the appearance of fairness for hearings on land use matters. Chairman Samuel asked if any Commission member had anything to declare. No declarations were made. Chairman Samuel then asked the audience if there were any objections based on a conflict of interest or appearance of fairness questions regarding the items to be discussed this evening. There were no objections. Chairman Samuel asked the audience if there were objections to any Commissioner hearing any matter. There were no objections. ADMINISTERING THE OATH: Chairman Samuel explained that State law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Chairman Samuel swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Hay moved, seconded by Commissioner Anderson, that the minutes dated March 18, 2010 be approved as mailed. The motion carried unanimously. OLD BUSINESS: -1 - A. REZONE Rezone C-2 to C-1 (Ziobro) (117 S. Sth Avenue) (MF# Z 10-001) Chairman Samuel read the master file number and asked for comments from staff. Rick White, Community 8v Economic Development Director, stated the item was a carryover from the March meeting application and as the Planning Commission had asked for additional information, staff asked that the hearing be reopened. Chairman Samuel asked for a summation of the new information within the report. Mr. White briefly explained the rezone request, the location of the site in question and re-explained the purpose of the C-2 zoning regulations. Mr. White explained the applicant's attorney had submitted a proposed concomitant agreement as a result of discussion at the initial hearing in March. The proposed agreement contained two condition; one precluding the operation of a night club and the other prohibiting alcohol use during dance hall hours of operation. Mr. White explained that the staff review of the rezone criteria had not changed from what was provided to the Planning Commission during the March hearing despite the submittal of the proposed concomitant agreement. The staff conclusions and recommendation remained unchanged from the previous meeting. John Ziobro, 1333 Columbia Park Trail, Suite 110, Richland, WA 99352, representing the applicant, Ms. Hernandez, provided some follow up comments on the Staff Report. Ms. Hernandez was proposing to use only 8,000 square feet of her building for the dance hall; not 18,000 square feet. Therefore the parking should be evaluated on the 8,000 square feet. Chairman Samuel asked if the building was 18,000 square feet with the dance hall portion only being 8,000 square feet. Mr. Ziobro stated the Chairman was correct. Mr. Ziobro explained Ms. Hernandez had secured verbal agreement from an adjacent business owner for additional parking. Mr. Ziobro encouraged the Planning Commission to give no weight to police reports and old reports dealing with condition in the downtown area. Following additional discussion, Mr. White explained the Police Reports presented at the March hearing were not attached in the staff report. -2 - Mr. Ziobro provided the Planning Commission with five letters in support of Ms. Hernandez's personal and business character. A petition of support from nearby business owners was also provided. Delia Hernandez, 407 E. 41h Avenue, Kennewick, stated she received a lot of support from the community after the last hearing and wants to develop a fun place for young people. Chairman Samuel opened the hearing for public comment. Delia Tabon, 419 East Bruneau Place, Kennewick, supported the dance hall as a place where young people can participate in their culture without drinking. Elizabeth Tabon, 1316 West Yakima Street, Pasco, supported the dance hall facility rezone without alcohol. Ramona Castro, 5120 Robert Wayne Drive, spoke of integrity, pride and the character of Ms. Hernandez. Mr. Ziobro stated he wanted the record to reflect there were about 50 additional parking spaces available on nearby sites. Chairman Samuel stated the applicant had requested more information on the police reports of crime activity at nearby businesses. Mr. White explained the applicant claimed the reports were not detailed and not relevant; hence they had been removed from the staff report. Chairman Samuel closed the hearing. Commissioner Cruz stated he appreciated staff's concern about preserving positive changes seen in the downtown area; however, he did not think the Commission had done the applicant justice. The matter needed to be returned to staff. Commissioner Anderson stated the applicant knew the property was zoned C-2 when it was purchased. The C-2 zone was created for a specific purpose and the property is part of the Central Business District. Allowing a dance hall on the property would not be consistent with zoning. Commissioner Hay stated he could only support the rezone with a time limit. Commissioner Cruz agreed with the idea of a time limit. Chairman Samuel thanked Ms. Hernandez for her support of the business community. The Chairman then explained that numerous times in the past 25 years the Planning Commission and the City Council had discussed what type of zoning would be appropriate for the downtown area. The policy that has been in place since the 1980's has specifically prohibited businesses like the applicant's -3 - proposed dance hall. Evidence and testimony has repeatedly indicated certain businesses contribute to the contribution of general disorder and are detrimental to the public image of the area. The Chairman stated he agreed with staff and urged the Planning Commission to vote not on the rezone. Commissioner Anderson moved, seconded by Commissioner Kempf, to adopt the findings of fact and conclusions therefrom as contained in the staff report. The motion passed with dissenting votes from Commissioner Hay and Commissioner Cruz. Commissioner Anderson moved, seconded by Commissioner Kempf, based on the Findings of Fact as adopted, the Planning Commission recommend the City Council deny a rezone of the property at 117 South 5th Avenue from C-2 to C-1 to allow for dance hall use. The motion passed with dissenting votes from Commissioner Hay and Commissioner Cruz. Staff explained the appeal process for the benefit of the audience. B. SPECIAL PERMIT Location of an Auto Body Shop in a C-3 Zone (Action Auto Services) (1900 block of N. 4th Avenue) (MF# SP 10-007) Chairman Samuel read the master file number and explained the proposed special permit had been reviewed during a public hearing in March. The Chairman asked if staff had any additional comments. Staff had no additional comments. Commissioner Little moved, seconded by Commissioner Cruz, to adopt findings of fact and conclusions therefrom as contained in the April 15, 2010 staff report. The motion passed unanimously. Commissioner Little moved, seconded by Commissioner Anderson, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council grant a special permit to Action Automotive Services for the location and operation of an auto body shop at 1948 N. 4th Avenue with conditions as listed in the April 15, 2010 staff report. Staff explained the appeal process for the benefit of the audience. C. SPECIAL PERMIT Location of a Community Health Clinic in a C-1 Zone (La Clinica Rural Health) (715 W. Court Street) (MF# SP 10-009) Chairman Samuel read the master file number and explained the proposed special permit had been reviewed during a public hearing in March. The Chairman asked if staff had any additional comments. -4 - Mr. McDonald, City Planner, indicated that as a result of discussion at the hearing, the recommended conditions include a prohibition against a driveway on Court Street. It was further pointed out that the applicant had redrawn the site plan for the proposed clinic to eliminate the driveway in question. Chairman Samuel asked staff to comment on parking concerns raised by the public during the hearing. Mr. McDonald stated the adjoining property owner raising the parking issues explained in his testimony that the parking situation had improved since the parking lot was constructed on the west side of 5th Avenue. Much of the complaint was about parking problems before the new parking lot was built. Mr. McDonald also stated an analysis of the parking lots had been completed and with the construction of the new building meets the minimum parking requirements. Commissioner Cruz moved, seconded by Commissioner Hay, to adopt findings of fact and conclusions therefrom as contained in the April 15, 2010 staff report. The motion passed unanimously. Commissioner Cruz moved, seconded by Commissioner Hay, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council grant a special permit to La Clinica for the location and operation of a Level-One Community Service Facility at 715 West Court Street with conditions as listed in the April 15, 2010 staff report. The motion passed unanimously. Staff explained the appeal process for the benefit of the audience. D. PRELIMINARY PLAT Preliminary Plat for West Pasco Terrace (Farm 2005, LLC) (Road 60 & Power Line Road) (MF# PP 10-001) Chairman Samuel read the master file number and explained the proposed special permit had been reviewed during a public hearing in March. The Chairman asked if staff had any additional comments. Mr. McDonald, City Planner, explained that as instructed staff met with the developer and the Engineering Department to review the issue of plat phasing, the size of the Road 60 irrigation line and storm water ponds. Mr. McDonald then reviewed the changes in recommended plat approval condition. Condition # 8 was modified to allow the option of infiltration trenches and condition # 14 was modified to allow Road 60 to be built in two phases rather than one. Commissioner Anderson moved, seconded by Commissioner Little, to adopt findings of fact and conclusions as contained in the April 15, 2010 staff report. -5 - Commissioner Anderson moved, seconded by Commissioner Little, based on the findings of fact and conclusions, as adopted, that the Planning Commission recommend City Council approve a preliminary plat for West Pasco Terrace with the conditions as listed in the April 15, 2010 staff report. Staff explained the appeal process for the benefit of the audience. E. SPECIAL PERMIT Location of a Temporary Structure for sandblasting and painting in a I-1 Zone (Hancock Sandblasting and Painting) (900 N. Avery Avenue) (MF# SP 10-010) Chairman Samuel read the master file number and explained the proposed special permit had been reviewed during a public hearing in March. The Chairman asked if staff had any additional comments. Rick White, Community & Economic Development Director, explained that the hearing on the temporary structure was not closed in March because staff was asked to provide some additional information. That additional information was contained on page 2 of the staff report. It was explained that the role of the Planning Commission was to review the temporary structure and the role of the Building Official was to review the use within the structure. The International Building Code and International Fire Code contain the guidelines for the activities within the temporary structure. Mr. White briefly discussed the Findings of Fact and recommended approval conditions for the benefit of the Planning Commission. Don Gammell, 3292 W. Spearman Road, Hermiston, Oregon stated he found three structures like his being used in the Richland area. One of his competitors was using a temporary membrane structure for sand blasting and spray painting in the Richland/Hanford area. Mr. Gammell explained he just obtained a large contract at Hanford and if the project does not happen on the site in question it will happen at some other place. After three calls the Chairman closed the public hearing. Commissioner Hay moved, seconded by Commissioner Perez, to adopt the findings of fact and conclusions as contained in the April 15, 2010 staff report. Commissioner Hay moved, seconded by Commissioner Anderson, based on the findings of fact and conclusions therefrom, the Planning Commissioner recommend the City Council grant a special permit to Hancock Sandblast 8v Paint for the location of a temporary structure at 900 North Avery Avenue with the conditions listed in the April 15, 2010 staff report. Staff explained the appeal process for the benefit of the audience. -6 - F. SPECIAL PERMIT Location of a Church in a R-1 Zone (Iglesia Bautista el Calvario) (1341 W. Sylvester Street) (MF# SP 10-008) Chairman Samuel read the master file number and explained the proposed special permit had been reviewed during a public hearing in March. The Chairman asked if staff had any additional comments. Staff briefly answered questions on the need for storm water retention in the parking lot and other questions related to the parking lot. Commissioner Hay moved, seconded by Commissioner Kempf, to adopt the findings of fact and conclusions as contained in the April 15, 2010 staff report. Commissioner Hay moved, seconded by Commissioner Kempf, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Joe Franco for the location of a church (Iglesia Bautista el Calvario) at 1341 West Sylvester Street with conditions as listed in the April 15, 2010 staff report. Staff explained the appeal process for the benefit of the audience. PUBLIC HEARINGS: A. SPECIAL PERMIT Location of a Church in a R-3 Zone (Iglesia Evangelica Cristiana) (1215 W. Court Street) (MF# SP 10-011) Chairman Samuel read the master file number and asked for comments from staff. Mr. McDonald stated the application was for a special permit for an existing church located at the northeast corner of 13th Avenue and Court Street. A church has been on the site in question since 1930 according to the Franklin County records. In the 1960's a large addition was added to the original structure. Ownership has since changed and whenever a church is newly constructed, expanded, altered or a change of ownership occurs a special permit is required Mr. McDonald reviewed the balance of the written report of the benefit of the Planning Commission. It was also pointed out that the large parking lot north of the church is unimproved and lacks landscaping. Staff recommended approval of the Special Permit with conditions related to the parking lot improvements and lack of landscaping. Chairman Samuel called for the applicant to present their request. Mr. McDonald stated the applicant was not present. Chairman Samuel opened the public hearing and after three calls and no response the hearing was closed. -7 - Commissioner Cruz moved, seconded by Commissioner Perez, to close the hearing on the proposed church and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the May 20, 2010 meeting. 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 Samuel read the master file number and asked for comments from staff. Mr. White stated the application concerned a number of dwelling units located above the ground floor at 720 W. Lewis Street. The property has C-1 zoning and is located on the south side of Lewis Street between 7th Avenue and 6th Avenue. The use requested is identical to the current use on the upper floor of the building. A special permit was granted to the previous owner and ownership has since changed which prompted the need for a special permit for the current owner. The applicant was requesting a special permit for the 21 dwelling units on the non-ground floor of the structure. The initial staff finding of fact number three stated there are approximately 49 on-site parking spaces and staff corrected that to state 58 on-site parking spaces. Commissioner Little asked if there had been any undesirable activities in that location. Mr. White stated not to his knowledge. Maria Victoria Galindo, 7121 Valley View Place, stated she was applying for the special permit to continue the existing use. Chairman Samuel asked if she had plans to make any changes in the operation of her business. Ms. Galindo stated no it would stay the same. Chairman Samuel opened the public hearing. After three calls and no response, the hearing was closed. Commissioner Hay 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 schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the May 20, 2010 meeting. The motion passed unanimously. 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) -8 - Chairman Samuel read the master file number and asked for comments from staff. Mr. McDonald stated the application was to permit the sales of light trucks, car and associated trailer and light equipment sales in a C-1 zone. The municipal code allows vehicle sales in the C-3 zone, I-1 zones and C-1 zones only under certain conditions through the special permit process. It was explained that the site qualified for review through the special permit process for vehicle sales in a C-1 zone. The municipal code lists the special permit as retail automotive sales but interprets as vehicle sales. The property previously had been granted a special permit for vehicle sales. Through that process the prior applicant was required to make improvements to the site such as street improvements on Clark Street. Mr. McDonald pointed out tentative approval condition number two stated the special permit would be approved for light truck and small trailer sales and not heavy equipment or machinery. Mr. McDonald further pointed out that if the applicant intended to sell heavy equipment then perhaps he should apply for a rezone instead of a special permit. Staff could recommend this site be granted a special permit for heavy equipment sales. Commissioner Cruz questioned the difference between a small tractor and heavy equipment. Mr. McDonald stated typically the vehicles that are found in the auto park are examples of the types of vehicles that fall under the special permit process. They do not include of tractors of any kind. If the applicant prefers to sell tractors he should apply for a rezone. Chairman Samuel asked if the PMC contained a definition on heavy equipment. Mr. McDonald stated no. Chairman Samuel stated who would determine the definition. Mr. McDonald stated staff is charged with the administration of the zoning regulations and would make the determination or interpretation. If the applicant disagreed with staff he could appeal to Hearing Examiner. Chairman Samuel asked the applicant to explain his intent for the special permit. Mike Young, 4003 W. Sylvester Street, stated he was a Pasco native and had recently returned to the area. He was employed in the equipment sales business for many years and desired to open a facility on Oregon Avenue. Mr. Young explained that staff did not understand what heavy equipment was. His oppion was different than Mr. McDonald's. -9 - Chairman Samuel asked staff for any comments prior to opening the public hearing. Mr. McDonald stated he did meet with Mr. Young and was under the impression Mr. Young would be selling light trucks with associated equipment (trailers). Staff could not recommend approval ofthe applicants request to sell heavy equipment due to the C-1 zoning. It would be appropriate in a C-3 zone but not a C-1 zone. Chairman Samuel asked if the property was zoned C-3 would the applicant have to apply for a special permit. Mr. McDonald stated no. Commissioner Cruz asked for an explanation of the process for a zone change. Mr. McDonald explained the process. Chairman Samuel asked staff if they have had issues with applicants having difficulty knowing what heavy equipment was. Mr. McDonald stated no. Chairman Samuel questioned the general concern for not having heavy equipment in the C-1 zone. Mr. McDonald explained the differences between C-1 and C-3 zoning and the compatibility problems created by mixing heavy equipment with professional offices. Chairman Samuel questioned the length of time the site and surrounding area had been zoned C-1 and C-3. Mr. McDonald stated at least the past 25 years. Following additional discussion on the application process and timeframes involved with rezones Chairman Samuel opened the public hearing. Bill Young, 4003 W. Sylvester Street, stated his concern for clarification of the definition for heavy equipment. He also mentioned concern about the location of the proposed overpass on Lewis Street. Chairman Samuel called for public input and after three calls the public hearing was closed. Commissioner Cruz stated a rezone was the logical course of action for this applicant and encouraged staff to expedite the process to the extent practical to help address the difference of opinion. -10 - Commissioner Anderson agreed with Commissioner Cruz and asked if the appropriate avenue would be for the applicant to withdraw the special permit request. Mr. McDonald stated yes. Commissioner Little questioned if this item should be tabled. Mr. White stated it would be appropriate to move forward with this item and if the applicant chooses to withdraw then staff would proceed in the appropriate fashion. Commissioner Cruz moved, seconded by Commissioner Anderson, to close the hearing on the proposed automobile and equipment sales business and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the May 20, 2010 meeting. The motion passed unanimously. D. SPECIAL PERMIT Operate a private bus terminal in a C-3 Zone (Griselda Lopez) (205 S. 4th Avenue) (MF# SP 10-015) Chairman Samuel read the master file number and asked for comments from staff. Mr. McDonald explained the application and stated private bussing operations, van companies and park-n-ride lots require a special permit prior to locating in the city. McDonald explained that a number of private transportation companies have been granted special permits in the past. The proposed bus service provides transportation between Milton-Freewater and Yakima with connections south to California. Most of the operations consist of utilizing fifteen passenger vans, which run daily with stops in Walla Walla, College Place, Pasco, Grandview, Sunnyside, etc until they reach Yakima. Passengers are then transferred to a larger bus, which then continues to the south. The van only stops in Pasco if passengers are being picked up or dropped off at the Pasco location. Their peak season normally is during the agricultural harvest season. The proposal is similar to previous special permits granted in the city. Mr. McDonald reviewed the balance of the written report fo the benefit of the Planning Commission. Chairman Samuel asked for comments. Commissioner Little mentioned the site located that was approved on Sylvester Street and repairs work that was also done on the site. Chairman Samuel asked for comments from the applicant. Betsy Vance, 722 Canyon, Richland, WA stated she was the property owner and does not own the business. -11 - Chairman Samuel asked Ms. Vance if she was representing the applicant. Ms. Vance stated she has never met the applicant in person however as the property she shared her experience with the tenants of the building. Chairman Samuel opened the public hearing, after three calls there was no response. He stated it was unfortunate the applicant was not present and was concerned if the applicant was agreeable to the condition related to the size of the passenger vans/busses. Commissioner Hay suggested the matter be tabled to allow the applicant to attend the hearing. Commissioner Little was in favor of tabling the item Commissioner Hay asked if Mr. McDonald would notify the applicant of their request. Commissioner Hay moved, seconded by Commissioner Anderson, to table this item until the May 20, 2010 meeting to allow the applicant to attend the hearing. The motion passed unanimously. WORKSHOP: Mr. White explained staff was beginning work on updating the outdoor lighting ordinance. Mr. White discussed the background on the exiting ordinance and how the Tri-cities benefitted from a dark sky ordinance passed in the early 1970's due to an observatory that was being used in the area. The observatory asked each city to provide night protection from lighting. Since that time Richland and Kennewick have addressed the issue with light spillage to adjacent properties, which Pasco's generic ordinance does not. The goal is to lay it out in written form, have the Planning Commission look at light nighting for a month, and resume conversations in May for further discussion. Commissioner Cruz mentioned lighting was an issue addressed with special permits. Chairman Samuel questioned the cost impact for this. Mr. White stated from firsthand experience there are costs associated with shields, review time. Generally, the cost is relatively small in terms of the overall community impact. For a very small upfront cost in terms of installing shields or buying the right light fixture, you can make a significant impact on light trespass. Chairman Samuel questioned if they were to implement a change to the lighting standard would it increase costs to a builder by what percent and how would that be determined. -12 - Mr. White stated approximately less than 1/2 of 1% of a project. Commissioner Little stated there currently is an observatory at Columbia Basin College. Chairman Samuel asked if this would be on the May Planning Commission agenda. Mr. White stated yes. Mr. White mentioned a short course available for the Planning Commissioners to attend on Thursday, April 29, 2010. Chairman Samuel questioned if there are new Planning Commissioners being appointed. Mr. White stated yes. Mr. Hay and Mr. Samuel were both reappointed. OTHER BUSINESS: With no further business, the Planning Commission was adjourned at 9:15 pm. David McDonald, Secretary -13 -