HomeMy WebLinkAbout03-18-2010 Planning Commission Meeting Minutes REGULAR MEETING March 18, 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 Little moved, seconded by Commissioner Anderson, that the
minutes dated February 18, 2010 be approved as mailed. The motion carried
unanimously.
OLD BUSINESS:
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A. SPECIAL PERMIT Renewal/Expansion of Gravel Mining
operation in a R-T Zone (Rocky Hills
Management, LP) (3921 Dent Road) (MF# SP
10-001)
Chairman Samuel read the master file number and asked for comments from
staff.
Staff had no additional comments.
Commissioner Hay moved, seconded by Commissioner Anderson, to adopt the
findings of fact and conclusions therefrom as contained in the March 18, 2010
staff report.
Commissioner Hay further 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 Rocky Hills Management
for the location and operation on Farm Unit #84 with conditions as listed in the
March 18, 2010 staff report. The motion passed unanimously.
B. SPECIAL PERMIT Location of an Elementary School in a R-1
Zone (Pasco School District) (Sandifur Parkway
& Road 6O) (MF# SP 10-002)
Chairman Samuel read the master file number and asked for comments from
staff.
Staff had no further comments.
Chairman Samuel questioned staff if there would be lighting in the parking lot.
Staff stated all schools in the district have lit parking lots. During the plan
review process they would submit information that lights have the cutoff feature
where the illumination would be directed down towards the parking lots.
Chairman Samuel clarified that it is not a special condition however, staff would
address during the permit review process.
Chairman Samuel questioned if there were any special conditions regarding
fences.
Staff stated the school district puts up a secondary fence parallel to the abutting
property owners.
Chairman Samuel questioned if there were any complaints from residents
regarding balls flying over the fence, etc.
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Staff stated no they had not been notified of any complaints. Staff mentioned the
special case with Maya Angelou where the parking lot abutted to a row of homes
and that section was required to have a solid masonry type fence.
Commissioner Anderson moved, seconded by Commissioner Little, to adopt
findings of fact and conclusions therefrom as contained in the March 18, 2010
staff report.
Commissioner Anderson further moved, seconded by Commissioner Little, based
on the findings of fact and conclusions as adopted the Planning Commission
recommend the City Council grant a special permit to the Pasco School District
for the location of an elementary school at the northwest corner of Sandifur
Parkway and Road 60 (parcels #'s 116-240-072 8v 116-240-067) with conditions
as listed in the March 18, 2010 staff report. The motion passed unanimously.
C. SPECIAL PERMIT Location of a Sikh Temple in an R-S-20 Zone
(Gurdwara Guru Nanak Par. WA) (7505 W.
Court Street) (MF# SP 10-005)
Chairman Samuel read the master file number and asked for comments from
staff.
Rick White, Community 8v Economic Development Director stated there was
nothing to add other than the conditions 4, 7, 8, and 9 address the
Commissioners discussion and public testimony received at the public hearing.
Commissioner Cruz clarified the approval condition #4 should state 35 inches
instead of the listed 35 feet.
Mr. White stated that is correct it should state 35 inches.
Commissioner Little questioned if the applicant was aware of the conditions.
Mr. White stated he has not personally discussed the conditions however he is
aware of the sewer and water connections were present in the staff report.
Commissioner Little questioned if the applicant was aware they were not to
occupy the building until the modifications were made.
Mr. White stated yes they were aware.
Chairman Samuel questioned if the condition #4 regarding the pole height and
whether it may be lit.
Mr. White stated it is not unique and is unaware of any symbols that are lit.
Mr. McDonald, City Planner mentioned the cross at Faith Assembly is lit.
Chairman Samuel questioned staff on the restriction for lighting the pole.
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Mr. White stated the condition was designed to maintain the residential
character of the neighborhood.
Chairman Samuel questioned condition #8 referencing the City approved
barricade to be installed for the east entrance and wanted to know if it would be
an eyesore.
Mr. White stated it could be a cable with reflective symbols and does not need to
be a permanent barricade.
Commissioner Cruz moved, seconded by Commissioner Anderson, to adopt the
findings of fact and conclusions therefrom as contained in the March 18, 2010
staff report.
Commissioner Cruz further moved, seconded by Commissioner Anderson, based
on the findings of fact and conclusions therefrom, the Planning Commission
recommend the City Council approve a special permit for the location of a
Church (Sikh Temple) and parsonage with a pole-mounted religious symbol at
7505 W. Court Street, with the conditions as listed in the March 18, 2010 staff
report. The motion passed unanimously.
D. SPECIAL PERMIT Location of a Caretaker's Residence in a I-1
zone (Ty Gemmell) (505 S. 26th Avenue) (MF#
SP 10-006)
Chairman Samuel read the master file number and asked for comments from
staff.
Staff stated the findings of fact and conclusions have been modified to reflect the
items of concern addressed during the public hearing, such as the mention of
police reports and fencing.
Chairman Samuel questioned staff if they had investigated any police reports for
the neighborhood.
Staff stated they did not investigate since the tenants of the referenced "little red
house", who were the source of police calls, were being evicted; therefore staff
felt the issue had been addressed.
Commissioner Cruz moved, seconded by Commissioner Anderson, to adopt
findings of fact and conclusions therefrom as contained in the February 15,
2010 staff report.
Commissioner Cruz further moved, seconded by Commissioner Anderson, based
on the findings of fact and conclusions therefrom the Planning Commission
recommend the City Council deny a special permit to Ty Gemmell for the
location of a caretaker residence at 505 S. 26th Avenue. The motion passed
unanimously.
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PUBLIC HEARINGS:
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 & Economic Development Director, stated the property
is located on the northeast corner of Columbia and 5th Avenue. The site is
approximately 6/10's of an acre and the building on the site is approximately
18,000 sq. feet in size. The history and purpose of the C-2 zone is explained in
detail in the staff report. The zone was developed in the late 1980's to combat a
"bad public image" in the downtown Pasco area. The zone focuses on uses which
resulted in large amount of pedestrian movement, short duration parking and
uses that were ranged to be complimentary to other uses located in the zone,
similar to other downtown districts. The C-2 zone does not have a parking
requirement and is a major factor in the analysis of this zone change request.
The uses allowed in the C-1 zone cause the need for significant parking
depending on the building size. It is estimated that a building this size (18,000
sq. feet) would generate the need for 180 parking stalls. PMC 25.88 mentions
the conditions in the vicinity are changed in order to warrant this zoning. Staff
cannot determine that there were change conditions in the neighborhood that
would warrant this particular zone change request. Criteria #2 establishes the
facts to justify the change on the basis of advancing the public health, safety
and general welfare. The discussion and history of the C-2 zone in this
particular part of the downtown area led staff to the conclusion that there are no
facts to justify a change in zone based on advancing the public welfare. Criteria
#3 establishes the effect the zone change will have on the nature and value of
adjoining property on the Comprehensive Plan. Relying on the significant work
that was done in establishing the C-2 zoning district in the late 1980's, staff is of
the conclusion that the regulations demonstrate that certain land uses are in
fact an inhibiting factor to business growth in the area which is in turn the
reason for the C-2 zone. Criteria #4 is the effect on the property owners if the
request is not granted; the conclusion is that the property owners would still be
able to enjoy the uses that are currently available in the C-2 zoning district
which was the zoning at the time of purchase. Criteria #5 speaks to the
Comprehensive Plan designation for the property which is an overriding
designation of commercial.
John Ziobro, 1333 Columbia Park Trail, Suite 110, Richland, WA 99352,
represents the applicant and introduced Ms. Hernandez.
Dalia Hernandez, 407 E. 4th Avenue, Kennewick, WA stated she is requesting to
change the zone, but does not want to include the whole building. She only
wants to change the back part of the building. She has a license for a reception
hall and in the front of the business she owns a check cashing store. She
mentioned a restaurant supply store existed in the space before she purchased
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the building. She stated there was little traffic coming to downtown until she
moved into this location which her business generated more traffic. She is a
single mother of a 2 children (24 and 22 years old) and they want to go dancing,
but she stated there is not a good place for good people to go. She would like to
offer snow cones in this new facility. She owns multiple businesses in the
downtown area and does not serve alcohol. She has owned this building for 5
years and was making her payments without making money and she would
come to the city and they would change her rules. She stated the city made her
install fire sprinklers and spent more than $100,000.00 to do so. She stated
Mitch Nickolds told her that if she had more than 50 people in the hall she
would need to install fire sprinklers. So she took out a loan and separated the
building and installed the fire sprinklers as Mitch requested. A month ago she
came to the City and Mitch Nickolds told her if she had a place that could hold
less than 300 people then she would not need to install fire sprinklers. She was
very mad because she didn't understand why she had to spend that much
money. She could divide the building in two and save more than $150,000.00.
She stated she left crying because the City told her she could do this to hold her
parties and then they changed their mind. She continued to work even with the
frustration she has experienced with the City. She got signatures from
neighboring businesses to support her request to change the zoning so she can
open a dance hall for youth to attend. She has 4 security officers to monitor her
business. She has not had any problems with the police. She stated she is an
example for the neighborhood.
Chairman Samuel questioned Ms. Hernandez on the number of people that
would attend dances and where would they park.
Ms. Hernandez stated there is a lot of street parking available and she owns the
building directly across the street and she has parking available there. She also
has permission from the neighboring business at the corner of Columbia and
Lewis Street.
Chairman Samuel questioned if she felt they had sufficient parking.
Ms. Hernandez stated yes.
Chairman Samuel questioned on how often she would hold dances.
Ms. Hernandez stated once a week.
Chairman Samuel questioned which day of the week the dances would be held.
Ms. Hernandez stated Saturdays.
Chairman Samuel questioned the time frame for the dances.
Ms. Hernandez stated 8:00 pm until 1 am.
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Chairman Samuel stated the staff report stated there are similar facilities in the
surrounding area that have a lot of police calls and questioned Ms. Hernandez
on what would make her facility different.
Ms. Hernandez stated she will not be serving alcohol like the place on 1St Avenue
which is designated for youth and they serve alcohol next door, so people can go
drink and then come back and see always sees problems at that place.
Chairman Samuel questioned if she felt alcohol was the primary reason why
there is so much trouble at other places.
Ms. Hernandez stated yes.
Commissioner Little questioned if they approved the special permit with a
condition to not serve alcohol would she be ok with that.
Ms. Hernandez stated no problem.
Commissioner Little asked Ms. Hernandez to speak on security and how would
they would deal with people who had too much alcohol or other substances.
Ms. Hernandez stated at her reception hall she has 4 security officers and she
also monitors the business. If she notices people who have been drinking she
asks them to leave. She is willing to follow any rules set by the City.
Chairman Samuel questioned on how many parking spaces they have now.
Ms. Hernandez stated more than 80 are available.
John Ziobro stated Ms. Hernandez embodies the spirit of the small business
owner and entrepreneur. He stated by the time she came to him for services she
had already made numerous, impressive and expensive changes to make this
property work. He applicant has spent $200,000 making improvements to the
building which includes the installation of the fire wall, the reinstallation of the
water line, electrical work and has made a large investment as a first step to
have a reception hall business which has been approved. They have not had any
police calls related to her business. He stated there is a fine line of C-1 and C-2
and they are bordering on the line which they would like to be a C-1. He
mentioned the Golden Nugget and their parking area; as well as the Out-N-
About nightclub. The difference between the exercise of the zoning authority and
site plan approval where you are going to address issues such as parking,
lighting and security. He believes some deference can be given to staff if they
make it past the first step and they get to the point where they are talking about
submitting an application and getting it approved. The Comprehensive Plan
policies he focused on the policy where they are striving to stimulate business
development. The applicant has a large building and is trying to stimulate
business. The proposed site is 8,000 square feet for the dance hall. The parking
calculation was based on 18,000 square feet. The staff report lists 180 for
18,000 and now they have cut that down by more than half. The applicant owns
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a neighboring building with a lot available for parking as well as many
neighboring businesses with parking. He suggested a development agreement
with a condition stating no alcohol being served. The applicants' reception hall
has customers who hold receptions and obtain liquor licenses for their
individual event. The applicant is committed to having a non-alcohol dance club;
therefore, general public disorder would be eliminated. He stated he does not
feel it would be a fair comparison to say an under 21 dance club or an alcohol
free dance club presents the same evils as a night club. He feels that is an unfair
comparison. He mentioned the evidence that is in the record; calls for police
service related to the Golden Nugget and due to their experience the applicant is
going to present the same perils. He pointed out a FTSID (Fail to stop and ID)
which is an accident, not a night club related incident. A MALMISCH (Malicious
mischief or destruction of property) which was related to an auto incident and
some are just field contacts. He stated in looking at the staff report and the
Planning Commission might deny the application due to the list staff has
created with the calls for services which just have codes and don't tell you what
happened and if the Planning Commission is going to be held against the
applicant the police record should be entered into the record for the Planning
Commission to review. He requested to remand this item to staff to present the
police reports for everyone's benefit of full disclosure and understanding if the
night club was the problem. And then make an analogy that the problem is
applicable to the applicants' situation. He also mentioned the Comprehensive
Plan's Policies and changes in circumstances or the community and then goes
back to the staff report which states they are relying on zoning input from the
1980's. 2:15 He described it as a finding against the applicant and would like
the benefit of having recent solid data prior to determining the applicant's
request. He stated the applicant has approximately 40 on-site parking spaces
and 15 more across the street. He also stated they would be able to get
permission from neighboring businesses to use their parking spaces. He
suggested this report is refined to state the minimum parking for 8,000 square
feet and allow the applicant to identify parking. The reception hall has not
created any problems with noise, parking, alcohol or disturbances and
references this applicant as a responsible business owner.
Chairman Samuel questioned Mr. Ziobro to restate his argument on the zoning.
He called for clarification if the applicant is granted the zoning change and later
on decides to sell the property what prevents other uses of the facility to not
create problems.
Mr. Ziobro suggested a development agreement would address the issue. He
stated they are valid for a certain period of time and are also renewable. Which
would be an agreement between the applicant and the City which states the
conditions under a dance hall can be operated in exchange for the benefit of a
favorable zoning designation that allows some uses that may otherwise not be
desirable. The applicant intends to stay in business however there is no way to
calculate if she will be the owner in 5, 10 or 20 years. He mentioned having the
development agreement recorded which in the event the property changes
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ownership there would be a recorded agreement on file which would carry with
the land.
Chairman Samuel questioned the applicants plan on managing public safety,
such as fights or public nuisances.
Mr. Ziobro stated they do not have that level of detail and could be a condition of
her business license or permitting. There have been no problems to date. He
mentioned the focus is to provide a non-alcohol club where teens can go and feel
safe. There applicant has security. The applicant also has a restaurant across
the street which is a non-alcoholic restaurant.
Chairman Samuel questioned staff on the issues brought up with the applicant.
Mr. White stated the comment on the site specific conditions of approval which
may apply if the property had a C-1 zoning designation right now. The request is
to change the zoning not site approval. The history of the C-2 zone suggests that
the City has been down this road before. There was no mention of concern from
the applicant on the effect of setting a precedent. A zone change won't
necessarily help assuming you want to change the zone in the first place which
might create a domino effect as you go up Sth Avenue.
Mr. Ziobro does not disagree with Mr. White's comments however his suggestion
is more A-typical. The City of Richland has granted zoning changes along with
development agreements due to the exact same concerns of the City.
Chairman Samuel opened the public hearing.
Josie Lopez, 2114 Van Giesen, Richland, WA stated she is in favor of the
applicant providing a place where youth can get together. She lived in Seattle
and has been a resident in the area for the past 8 years and stated there are not
many places for children to go in the Tri-Cities. She takes her children to
Spokane and Seattle to do things.
Mr. White stated the hearing may be continued for staff to explore additional
evidence and meet with the applicant.
Chairman Samuel closed the public hearing.
Commissioner Anderson is torn on this proposal due to his experience with the
Police Department in the past. He mentioned there are teen aged clubs with no
alcohol being served and the Police were still called to break up fights and
disagreements. He understands the applicants desire to provide a safe place
however this is not the right location due to the proximity to alcohol serving
businesses in the neighborhood.
Commissioner Cruz stated they have an obligation to look into this. He is not in
favor of the close of business at lam. He would like to remand this to staff to
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address the issues. He stated the staff report did not represent the applicants
intended plans were. He felt it was referenced as the Golden Nugget part II.
Commissioner Little stated he would like to remand this to work it out with the
applicant.
Commissioner Hay mentioned the history of the location and would like to
remand this to staff.
Commissioner Anderson further stated once the door is open it is hard to close it
and costs a lot of money and time which puts them back where they started.
Chairman Samuel stated he has been a Tri-City resident since 1982 and Pasco
is a very different place than it was back then. He mentioned the hard work and
rezoning which was created to encourage the type of development that would
create a downtown which we can be proud of and safe and to discourage the
kind of development that led to a lot of the problems in the downtown area back
in the 1980's. He is very hesitant to make a change in zoning.
Commissioner Little moved, seconded by Commissioner Hay, to continue the
hearing on the proposed rezone and initiate deliberations and schedule adoption
of findings of fact, conclusions and a recommendation to the City Council for the
April 15, 2010 meeting. The motion passed with one opposing vote from
Commissioner Anderson.
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 asked for comments from
staff.
Dave McDonald, City Planner stated the applicant has applied for a special
permit to locate an auto body shop on their property on North 4th Avenue. A
number of years ago, Action Towing had applied for the same request and the
request was granted with a list of conditions. At the time, the owners complied
but did not fulfill the request for an operational spray booth in the building.
They currently are in the process to enhance the property with a new building,
destruction of an old office building and replacing it with a new building to the
rear of the old office building. Within the new building they propose to have an
auto body shop and paint booth. Condition #2 references the landscaping along
4th Avenue. They currently have a building permit to build the building but do
not have a permit to build the spray booth or auto body part of the shop.
Conditions were placed on the building permit related to the landscaping along
4th Avenue which is reflected in Condition #2. Condition #3 references the sound
wall which was previously built by the applicant on the west side of the property
along 5th Avenue. There is a water meter located in line of the sound wall and
therefore the applicant did not continue the wall past that water meter. The
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Engineering Department is requesting the water meter is relocated to the west of
the wall into the right of way area behind the curb which will allow the wall to
continue as requested. The wall will provide protection from the house located
on the site.
Chairman Samuel questioned Mr. McDonald if they have received any
complaints on this location.
Mr. McDonald stated not to his knowledge. He mentioned the previous business
on this property was a heavy construction company which serviced big
equipment such as trucks, earth moving equipment, etc and the site has always
been used for automotive, heavy equipment type of activity.
Chairman Samuel questioned if the landscaping requirement is consistent with
the Corridor Beautification Plans for 4th Avenue.
Mr. McDonald stated no; if the City does not get that Plan done by the end of the
year this condition and permit condition would require the applicant to put in
the landscaping in no later than next April. The rock would need to be removed
and replaced with some trees which would be reviewed and approved with the
Parks Department to make sure and comply with the Plan for that area, whereas
the applicant has agreed to.
Chairman Samuel questioned Condition #4, requirement of the sound block wall
and questioned the height of the wall.
Mr. McDonald stated it would be 6 feet high and would continue around 80 feet
on to the other site to cover the house.
Ken Flone, 1948 N. 4th Avenue, Pasco, WA presented and read the letter from
Tri-City Battery. He stated they are very excited to expand and increase the tax
base with the addition of more employees.
Chairman Samuel questioned Mr. Flone if he has reviewed the tentative
conditions and was agreeable to the conditions.
Mr. Flone stated yes.
Chairman Samuel opened the public hearing.
Ramona Castro, 5120 Robert Wayne Drive, Pasco, WA stated she is a proud
Pasco resident and knows the family. She is excited to see the development even
though the nation is experiencing economy issues. She mentioned another lady
in the audience, present for another item, was in her pre-natal classes and she
encourages her clients to succeed and grow and she is very proud to see her
clients' success.
Commissioner Little moved, seconded by Commissioner Hay, to close the
hearing on the proposed special permit and initiate deliberations and schedule
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adoption of findings of fact, conclusions and a recommendation to the City
Council for the April 15, 2010 meeting. The motion passed unanimously.
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 asked for comments from
staff.
Mr. McDonald stated the applicant has applied for a new community health
center. The PMC states community health clinics are defined as a community
service facility level one which require review by the Planning Commission
through the special permit process prior to receiving a building permit and
locating anywhere in the community. This is the 3rd community health clinic
application in the past few years that has been presented. The applicant
proposes to build a new 3-story, 30,000 square foot building on a vacant lot on
Court Street to the west of the Garibaldi's Restaurant. Several years ago the
applicant built a parking lot for overflow parking at their facility across Stn
Avenue. The facility was built in the 1980's with Block Grant funds and has
been renovated since. They currently offer dental services, WIC and First
Steps/Start Program, as well as mental health services. The Dental Clinic, WIC
and First Steps/Start Program and mental health services would relocate to the
new building. The existing building would hold Administration and health care
services. The current parking spaces allow for more than enough as required.
Parking was a concern of the past and pictures were presented displaying the
parking lots activity which showed there were plenty of empty parking spaces.
The site plan displayed a proposed driveway on the eastside of the new building
in between the new building and Garibaldi's Restaurant which would only be
used for in-only deliveries. In discussions with the Engineering Staff it was
mentioned that no driveway should be allowed due to the adjacent driveway at
Garibaldi's which would cause conflict in traffic movement in both driveways.
The main entrance is on the north side and traffic will come in from 5th Avenue.
The applicants concern was for delivery trucks to back up to the loading dock
which is immediately west of Garibaldi's Restaurant. The proposed building is
an attractive 3-story building with a basement and landscaping along Court
Street which overall will be a tremendous enhancement to that corner.
Aaron Maxey, 7803 W. Deschutes Avenue, Kennewick, WA stated they are
committed to enhancing the community in a positive way. They propose to
expand their clinical services. The parking lot across 5th Avenue was developed
with a future building in mind back in 2003. A federal grant is funding this
project. The dental services, WIC/First Steps and behavioral health services will
be housed in the new facility which will eliminate foot traffic from crossing the
street. The current building is leased and they intend to relocate services to save
money on the leased facility.
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Commissioner Hay questioned Mr. Maxey on the typical size of delivery trucks
that frequent their facility.
Mr. Maxey stated the maximum would be similar to the FedEx box shaped
trucks. The proposed driveway is intended to be a one-way driveway for delivery
trucks instead of trucks coming in from 5th Avenue and backing into the loading
docks. In order to eliminate any danger for pedestrians, it would be safer for
clients and employees to come in off of 5th Avenue and delivery trucks to come in
through the one-way driveway.
Commissioner Little questioned what type of deliveries would occur.
Mr. Maxey stated they anticipate two deliveries for office supplies would come to
the new facility and the remaining deliveries will go to the main facility where
medical services are housed.
Chairman Samuel questioned if they intention was to place signage stating
"Delivery Entrance Only" and general customers would not use the driveway.
Mr. Maxey stated yes signs would be posted.
Mr. McDonald mentioned there was a letter submitted and is listed as Exhibit
#1 which is a letter from the neighboring owners of the mobile home park.
Chairman Samuel opened the public hearing.
Maurice Devers, 1531 N. 4th Avenue, Pasco, WA stated he owns the Mobile Home
Park and has been there for the past 20 years. He stated he has witnessed foot
traffic and jaywalking across 5th Avenue and has never seen 55 vacant parking
spaces. He mentioned Garibaldi's Restaurant has semi-trucks that come in for
deliveries which pull into La Clinica's driveway and back into their parking lot
and block traffic. He also mentioned semi-trucks that park in the middle of the
street to make their deliveries as well. Emergency vehicles come and go and
block Ruby Street.
Chairman Samuel questioned Mr. Devers on the nuisance and blockage from
delivery and emergency trucks.
Mr. Devers stated it is a nuisance.
Chairman Samuel questioned Mr. Devers if he had any suggestions on how to
avoid or mitigate the nuisance.
Mr. Devers stated the jaywalking could be prevented if the employees use the
crosswalk on Court Street. He also mentioned the "hot-rodders" that run
through the neighborhood and is not only a nuisance but a safety factor as well.
Chairman Samuel questioned Mr. Devers on his observation of the parking
situation.
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Mr. Devers stated they do not have adequate parking.
Chairman Samuel questioned Mr. Devers when the parking spaces are full
where they would park.
Mr. Devers stated it is not that bad right now, but in the past there were cars
parked on both sides of 5th Avenue from Ruby Street to Agate Street. They would
also park in their residents' parking spaces and if they would leave to go to the
store their parking spaces would be taken from a La Clinica client.
Charlotte Devers, 1531 N. 4th Avenue read the letter they submitted (Exhibit #1).
She further described the parking situations.
Mr. Devers stated he is in favor of La Clinica but is concerned with the parking.
Mrs. Devers agreed.
Ramona Castro, 5120 Robert Wayne Drive, Pasco, WA stated she has worked
with La Clinica for 28 years and is very excited for La Clinica's success. She
publically apologized for the anguish expressed by the Dever's on the jaywalking
and parking. She stated they are mandated by their supervisors not to park on
5th Avenue. Their parking lot is supervised.
Mr. Maxey stated they share the concerns of jaywalking and parking want to
make this a community venture. 1:11 In 2003 the parking lot did not exist and
they did have employees parking on 5th Avenue. The parking lot was built to
eliminate parking off of 5th Avenue and a company policy was developed to
address employee parking. If a violation occurred, a photo would be taken and
sent to their immediate supervisor and would be addressed accordingly. Two-
thirds of their patients will go to the new building and eliminate the jaywalking.
Commissioner Little questioned the number of employees at their facility.
Mr. Maxey stated approximately 200 employees within the main facility and 3
off-site clinics; one clinic is located in Kennewick, as well as a Detoxification
Center and a Behavioral Health Clinic off site in Pasco.
Commissioner Little questioned how many providers are on staff daily.
Mr. Maxey stated 5-6 providers.
Commissioner Little questioned if they generated 20-25 patients a day or more.
Mr. Maxey stated yes.
Commissioner Little questioned Mr. Maxey if he was going to make sure Ms.
Castro a nice raise.
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Mr. Maxey stated he is not her immediate supervisor but would certainly
recommend a raise.
Chairman Samuel mentioned the emergency vehicles blocking the road and
asked Mr. Maxey for comments.
Mr. Maxey stated they do have designated parking established and a route for
deliveries.
Mr. Devers questioned the number of parking spaces their employee parking lot
contains.
Mr. McDonald stated there are 132 parking spaces. He submitted aerial photos
of the parking lot at different intervals (Exhibit #2) for the record. He mentioned
it is not uncommon for emergency vehicles to stop on streets all over town.
Chairman Samuel questioned what was the Engineering Department's opinion
on the proposed one-way driveway.
Mr. McDonald stated it is a concern since it is within 100 feet of 51h Avenue and
Court Street as well as the conflict with the Garibaldi driveway. He suggested
having a joint driveway; but that would eliminate the angled parking in the
Garibaldi parking lot. The other issue with the driveway is the proposed width of
24 feet.
Chairman Samuel questioned if the Engineering Department understood the
applicants position on only a few deliveries a day which would use the proposed
driveway.
Mr. McDonald stated it is his understanding there would only be a few deliveries
daily however was not sure if that was the Engineering Department's
understanding. He also mentioned even though they propose to label the
driveway with "deliveries only" signs there wouldn't be a way to police that.
Chairman Samuel clarified staff was looking for direction from staff on this item.
Mr. McDonald stated yes.
Commissioner Cruz is reluctant on the driveway on Court Street.
Chairman Samuel mentioned the public hearing is not closed at this time and
asked the applicant if the driveway was not approved would that stop
production.
Mr. Maxey stated they do have an alternate plan. He further stated they only
have a few deliveries a week not daily.
Renata Presby, 209 Broadmoor, Richland, WA stated she is the architect for this
project and the one-way entrance was discussed and an alternate route for
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deliveries would hinder the pedestrian traffic. She displayed an actual route with
the delivery truck coming in to the parking lot and having to back up to the
loading dock. She stated it would be a life safety hazard for pedestrians versus
vehicles on Court Street.
Commissioner Anderson questioned Ms. Presby on how they propose to stop
traffic from driving through the delivery driveway and commented the safety for
the public on the street outweighs the twice a week deliveries.
Ms. Presby stated signage would be in place and adding a curb in the middle
lane would prevent traffic from coming in from another direction.
Commissioner Anderson stated he was not concerned of traffic turning left into
the driveway; he is concerned with the traffic turning right off of Court Street
from westbound. He stated the driveway would only be used a few times a week
and people will use the driveway with or without the signage.
Ms. Presby stated the signage would prevent that.
Commissioner Anderson stated it is private property and there is nothing they
can do to stop them from driving through the driveway.
Ms. Presby stated the majority of their patients are used to driving up Stn
Avenue to access La Clinica and does not think they would change their
direction.
Commissioner Anderson questioned if an alternative requiring a spotter for a
delivery truck would be appropriate.
Ms. Presby stated that would need to be addressed by La Clinica but would be a
safer way for deliveries.
Mr. Maxey they would be agreeable to the recommendation to requiring a spotter
and would go with the alternative option and add landscaping in the proposed
driveway area.
Chairman Samuel called for comments from Commissioners on the driveway. All
Commissioners stated they would not be in favor of a driveway from Court
Street.
Commissioner Cruz moved, seconded by Commissioner Little, to close the
hearing on the proposed special permit for the La Clinica site and initiate
deliberations and schedule adoption of findings of fact, conclusions and a
recommendation to the City Council for the April 15, 2010 meeting. The motion
passed unanimously.
D. PRELIMINARY PLAT Preliminary Plat for West Pasco Terrace (Farm
2005, LLC) (Road 60 & Power Line Road) (MF#
PP 10-001)
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Chairman Samuel read the master file number and asked for comments from
staff.
Mr. McDonald stated a few months ago the applicant was before the Planning
Commission with a request to rezone this site to R-1 and a rezone was granted
with a concomitant agreement restricting the minimum lot size to be 8,500
square feet. The proposal contains a plat with 139 single family lots with lot
sizes between 8,500 square feet and 17,000 square feet with an average of 9,000
square feet which is consistent with the approved zoning and consistent with the
subdivision being developed directly to the west, as well as the subdivisions to
the south (Sunny Meadows and the Village at Pasco Heights). A list of 30
recommended conditions were developed together with the Engineering
Department.
Chairman Samuel questioned where the nearest park is proposed to be located.
Mr. McDonald stated it would be directly north of the proposed elementary
school which will not be built until the Three Rivers Development is built with
homes and may be built simultaneously with the elementary school. The
developer is required to pay a park fee of $644 per lot; that money is deposited
into the park fee pool which is available to improve parks in the neighborhood.
Chairman Samuel questioned where estate type fencing or wall is required.
Mr. McDonald stated it is located all the way up Road 60 on the west side and
all along the north side.
Chairman Samuel questioned that 2 sides of the 4 sides would contain a block
wall.
Mr. McDonald stated yes.
Chairman Samuel questioned if this development would contain an entrance
Mr. McDonald stated the City does not maintain those type of improvements and
are often located on a private lot where the responsibility falls with the developer
and/or the homeowners association. In this particular case the developer does
not propose to install an entry way sign with this project.
Chairman Samuel stated they have been approached in the past when
developers are finished with building they abandon the entry way and it
develops into a nuisance.
John Fetterhoff, HDJ Design Group, 6115 Burden Boulevard, Pasco, WA stated
he represents Farm 2005, LLC; as well as R. C. Olin Homes. The project directly
to the south of this site has been very successful. The applicant agrees with the
majority of the conditions presented. In reference to the question of a monument
sign, they do not have plans to put a monument sign on this site. On page 9 of
the staff report, Item #14 states Road 60 be constructed from Sandifur Parkway
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to Powerline Road during the first phase of development. He would agree to a
half width street from Sandifur to Three Rivers in the southwest corner of the
property. However, once they get up to the property they would ask to modify
the conditions to read similar to item #15 for Powerline Road which states it
would be completed with each abutting said street. Item #18 references a 12
inch irrigation mainline should be extended from Sandifur Parkway to Powerline
Road. With the history of the projects developed in this area, in December 2008,
the Three Rivers Crossing to the west was required to install a 10 inch irrigation
mainline on Road 60 (Exhibit #1 - Resolution 3124). He would like clarification
from the Engineering Department on what size that line is supposed to be. He
would also propose that item be a shared cost between the two developers for a
fair and equitable situation.
Chairman Samuel called for clarification on his request.
Mr. Fetterhoff stated he is agreeable to the requirement to install irrigation to
provide service to the project from Sandifur to Three Rivers. He suggests north of
Three Rivers should be a shared cost for the installation of the irrigation main or
if the cost for the southern piece of this project then the northern piece should
be burdened on the Three Rivers project to even out the cost.
Chairman Samuel questioned what the timeframe for this project is.
Mr. Fetterhoff stated yesterday. His intent is to pave the project and have lots
available by the end of the year.
Chairman Samuel questioned how many lots are proposed for phase one.
Mr. Fetterhoff stated 30 or 40 lots.
Chairman Samuel opened the public hearing.
Mr. McDonald stated he would meet with the Engineering department in
reference to condition #18. The School District has a condition to install a 12
inch mainline to the School Districts north property line. If they were all built
together, they could split the cost three ways, but development doesn't happen
that way. Condition #14 would also be addressed. The phasing questions would
be addressed with the applicant and the Engineering department.
Chairman Samuel questioned if staff provides developers flexibility with their
phasing or do they come back to the Planning Commission.
Mr. McDonald stated in the past they have had draft phasing schedules which
was not finalized with the Resolution City Council approves. That allows the
developer flexibility to create phases larger when the market was swinging up
and when it slowed down they would create a smaller phase.
Commissioner Anderson moved, seconded by Commissioner Hay, to close the
hearing on the proposed preliminary plat and initiate deliberations and schedule
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adoption of findings of fact, conclusions and a recommendation to the City
Council for the April 15, 2010 meeting.
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 asked for comments from
staff.
Shane O'Neill, Planner I, stated the applicant has requested a special permit to
locate a temporary membrane structure at 900 N. Avery Avenue for the purposes
of sandblasting. The site consists of approximately 2 acres and has access off a
non-dedicated road called North Avery Avenue and access of East Lewis Street.
The site does not have City sewer access. The special permit is a request to allow
a previously constructed temporary membrane structure, which is
approximately 3,000 square feet in size. The PMC does have provisions for
special permit review for temporary uses provided they are clearly of a temporary
nature and do not involve the erection of a permanent structure. Sandblasting is
an allowable use in the I-1 zone and is commonly done in other areas of the city
in I-1 zones. The applicant is requesting a special permit for two years to
provide time to generate sufficient revenue to allow for construction of a
permanent structure for the same use. This special permit application is in
result of a Code Enforcement recommendation by the Inspection Services
Manager to legalize the structure through this process.
Rick White, Community 8v Economic Development Director, stated the Planning
Commission was handed a revised approval sheet for your consideration.
Chairman Samuel questioned if there had been complaints received on the
operation at this facility.
Mr. O'Neill stated no.
Don Gammell, 32923 W. Spearman Road, Hermiston, OR stated they are an
industrial paint contractor based in Boardman, Oregon and decided to move to
this location due to their employees and work are based in this area. They do
sandblasting and coat work for the VIT project and dams in the area. The
temporary structure is for sandblasting as well as paint. They did not get a
permit prior to operations and recognized they had made a mistake and
therefore have applied for the special permit. The building is classified as an
automotive spray booth and is completely different and it is hard to calculate
since an automotive spray booth is a very small area and fits an automobile. The
larger the area, the smaller chance of a fire. Many of these structures are built
along the dams and in the Hanford area as well as across the United States and
have not had any issues with fire or flame. They are a very environmentally
conscious business and the different locations they work in, they are very
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knowledgeable about their structures and how they are to be maintained. They
spend a lot of time and money pertaining to that issue. They do not own the
property and they have made a 3-year agreement and if they owner does not go
through with his project they would like to purchase the property.
Chairman Samuel questioned what the current structure looks like.
Mr. Gammell stated it is a tan building that they purchased from back east
Farm Tech which is a quant style building. Has 3 inch pipe set on ecology blocks
for wind.
Chairman Samuel questioned the reason on the 2-year special permit request.
Mr. Gammell stated it would allow for time for the property owner to determine if
they would sell the land to him. The shop painting and sandblasting is a small
portion of the business; the majority of their work is done in the field. They have
a great demand locally.
Chairman Samuel questioned how much of an employment impact he is talking
about.
Mr. Gammell stated they have 4 men locally in Pasco that work at the site in
Pasco.
Chairman Samuel questioned Mr. Gammell if he was aware of the requirement
to have a special permit to operate the business.
Mr. Gammell stated yes. They had numerous requests from contractors in this
area instead of locating in the Boardman area.
Commissioner Cruz questioned if they were going to be painting.
Mr. Gammell stated yes they intend to paint.
Commissioner Cruz stated they need feedback from City staff because the report
is all about sandblasting.
Chairman Samuel clarified they applicant is applying for sandblasting and
painting in this facility.
Mr. Gammell stated yes.
Mr. O'Neill stated the conditions were recently modified by the Inspection
Services Manager to restrict painting from this facility primarily for the purposes
of fire safety. The applicant indicated a 12,000 cubic foot per minute ventilation
system currently exists on the site but staff is unable to determine if the site is
nonvolatile.
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Mr. White stated there is another factor to keep in mind. The building can't be
sprinkled.
Chairman Samuel questioned if typically sprinklers exist on facilities like this.
Mr. White stated yes.
Mr. Gammell stated that is where the confusion comes in because it is not an
automotive spray booth; it has to do with the dilution and air changes per hour
when you have a spray gun you can figure that the volume of quantity from the
spray gun and how much voltage you put in there. The 12,000 CFM dust
collector will exchange that air that meet federal requirements. These types of
facilities do not contain fire sprinkler systems.
Commissioner Cruz stated he understands that the City is giving him a different
standard than what he is typically being asked to comply to. He is sympathetic
to the applicants' situation however; he must be accountable for the intended
use due to safety issues. The challenge goes to staff if this is really an
automotive spray booth or for other things. He mentioned Matheson Painting did
not have an automotive spray booth and they painted items for him. He stated
the applicant has a valid point where this is not a production line auto body
shop but a different type of deal and does not know how to permit or code this.
He mentioned the air changes per hour, state permits, etc still need to be
addressed.
Chairman Samuel stated the biggest concern is the proposal from the applicant
is to do sandblasting and painting and the staff report talks about sandblasting.
This item should be remanded back to staff to get on the same page with the
applicant.
Commissioner Cruz stated the appropriate application of code should be
addressed.
Mr. Gammell stated that is where the temporary structure is in question due to
the fact it is not an automotive spray booth; however a large sandblasting and
paint shop is more appropriate.
Commissioner Anderson questioned if they remanded this back to staff to
reformulate would the applicant be willing to work with staff to develop
appropriate findings.
Mr. Gammell stated yes.
Chairman Samuel opened the public hearing.
Robert Hancock, 309 N.E. Marshall Loop, Boardman, OR 97818 stated he is a
partner with Hancock and is in charge of safety. This facility is just a small part
of the business. They use this facility as a distribution center. They have 4-20
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employees that work from this facility as well as a full time bookkeeper. Their
intent is to locate here in Pasco due to the neighboring union and hall.
Chairman Samuel questioned staff if they had adequate input to develop
findings appropriate to the applicants request.
Mr. White stated they would clarify the applicants request, staff understood it
would be for sandblasting, as well as clarify the conditions that apply for
sandblasting and painting for the Planning Commission's review.
Chairman Samuel stated a motion to continue the hearing to next month to
present findings of fact.
Commissioner Anderson moved, seconded by Commissioner Hay, to continue
the hearing on the proposed temporary sandblasting structure to the April 15,
2010 Planning Commission meeting. The motion passed unanimously.
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 asked for comments from
staff.
Staff stated Joe Franco has applied on behalf of Iglesia Bautista el Calvario for a
special permit to locate a church at the northeast corner of 14th Avenue and
Sylvester Street. The site currently contains a church and the site only has
access from the alley. There is a gravel parking lot currently which would
accommodate less than 20 vehicles. Staff is recommending the parking lot be
resurfaced with a hard surface and install landscaping along Sylvester Street.
The first 10 feet of the parking lot must be irrigated and landscaped as well as
meeting the commercial landscaping standards.
Commissioner Little questioned if there was enough room to accommodate the
request for landscaping along Sylvester Street.
Staff stated there is an area available for landscaping however staff needs to
determine the parking lot requirements for this site.
Chairman Samuel questioned Mr. Dave McDonald if there had been any
problems reported with the previous church using the next door apartment
parking lot. He stated the building has been renovated however his concern is
the parking spaces available.
Mr. McDonald stated there is a small parking lot on the proposed site with
neighboring 8-plexes. He is unaware of any issues with parking from any
surrounding property owners.
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Joe Franco, 3909 W. 47th Avenue, Kennewick, WA 99337 stated the building is
in good condition and the parking lot consists of compacted gravel. In reference
to the recommendation for landscaping on Sylvester Street, he stated the
neighboring apartment building has 6 ft of sidewalk...They currently have 20
members who attend their Church. 18 months ago he had applied for the
location of a Church at a different site and the requirements were more than he
could bear. This site is a stepping stone for his Church. He requested the
parking lot requirement be extended for 2 years to allow for him to find the
resources to comply.
Commissioner Little called for clarification on the applicants request to extend
the paving of the parking lot.
Mr. Franco stated yes, the recommendation in the report states June 20, 2011
and he would prefer to extend that by one year.
Commissioner Little questioned if they would occupy the building and then
comply with the parking requirement.
Mr. Franco stated yes.
Chairman Samuel questioned if they currently occupy the building.
Mr. Franco stated yes.
Chairman Samuel questioned if he has reviewed the special conditions and if he
agreed with the proposed conditions.
Mr. Franco stated yes.
Chairman Samuel opened the public hearing, after three calls there was no
response.
Chairman Samuel questioned staff if they would accommodate the applicants
request for the parking lot requirement to extend one year.
Mr. McDonald stated he would be agreeable to the one year extension for the
parking lot.
Commissioner Cruz questioned staff on the landscaping requirement.
Mr. McDonald stated typically when churches exist in residential areas the
church must match the residential setback which in this case is 20 feet, but in
this case due to the limited parking they proposed to landscape a small portion
to improve the streetscape and allow for more parking.
Chairman Samuel stated he drove by the facility and noticed the only access to
the church is through the alley, as well as the neighboring 8-plexes.
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Mr. McDonald stated that is correct and the alley consists of a hard surface.
Chairman Samuel questioned if there have been any complaints.
Mr. McDonald stated no. At the time when the 8-plexes were built the apartment
owners were required to access through the alley instead of driveways on
Sylvester Street.
Chairman Samuel questioned the Commissioners if they had any other special
conditions to add.
Commissioner Cruz was in favor of extending the parking lot requirement to be
extended the extra year.
Commissioner Little moved, seconded by Commissioner Cruz, 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 April 15, 2010 meeting. The motion passed unanimously.
OTHER BUSINESS:
Chairman Samuel questioned if City Council was in process of appointing new
Planning Commissioners.
Mr. White stated the City Council will interview on April 12 at their workshop.
With no further business, the Planning Commission was adjourned at 10:15 pm.
David McDonald, Secretary
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