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HomeMy WebLinkAbout02-18-2010 Planning Commission Meeting Minutes REGULAR MEETING February 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. Commissioner Little stated he is a member of Faith Assembly of God Christian Church and recused himself from MF# SP 09- 008. No other 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 Anderson moved, seconded by Commissioner Hay, that the minutes dated January 21, 2010 be approved as mailed. The motion carried unanimously. -1 - OLD BUSINESS: A. SPECIAL PERMIT Location and operation of a large scale (27) acres) water park (Dynamic Waters, LLQ (9600 block of Sandifur Parkway, west of Broadmoor Square) (MF# SP 09-012) Chairman Samuel read the master file number and explained the proposed special permit had been reviewed during a public hearing. The Chairman asked if staff had any additional comments. Staff explained that as a result of the public hearing the applicant was requested to modify the site plan to accommodate the following: the height of structures; the concern for maintaining the traditional streetscape look and appeal of Sandifur Parkway; and driveway entrance and parking lot concerns. Staff reviewed the revised site plan highlighting the areas that addressed the Planning Commission's instructions and/or recommendations from the hearing. The project was revised to be built in one phase and the cabana motel area was redesigned to create a business appearance along Sandifur Parkway with a Hotel and attached indoor water park. Chairman Samuel asked staff if the applicant was aware of and agreed to the conditions. Staff stated the report and conditions were mailed and emailed to the applicant, no objections had been received. Commissioner Little asked about a traffic study and who would be responsible for the cost of the study. Staff stated the traffic study was the applicants' responsibility and would be required as a part of the building permit submittal. Commissioner Little asked if the go-cart track would have a noise impact in the neighborhood. Staff stated only electric go-carts would be used, thereby eliminating the noise or emissions associated with gasoline engines. Chairman Samuel complimented the applicant on his proposal incorporating the Planning Commissions' recommendations. Commissioner Little moved, seconded by Commissioner Cruz, that the Planning Commission adopt the findings of fact and conclusions as contained in the February 18, 2010 staff report. The motion was passed unanimously. Commissioner Little further moved, seconded by Commissioner Cruz, based on the findings of fact as adopted, the Planning Commission recommend the City -2 - Council grant a special permit to Dynamic Waters, LLC for the location and operation of a water park in the 9600 block of Sandifur Parkway with conditions as contained in the February 18, 2010 staff report. The motion was passed unanimously. Staff explained the appeal process for the audience. B. SPECIAL PERMIT Preschool in a R-S-20 District (Imagination Studios Academy Preschool) (Faith Assembly of God Christian Center) (1800 Road 72) (MF# SP 09-008) (Remanded from City Council) Chairman Samuel read the master file number and explained the proposed special permit had been reviewed during a public hearing. The Planning Commission recommended to City Council that they grant the special permit. After an appeal was filed, the City Council remanded the item back to the Planning Commission to further clarify and correct the findings of fact. The Chairman asked if staff had any additional comments. Staff stated the City Council remanded this item back to the Planning Commission to specifically address traffic impacts related to the number of students enrolled in the preschool. The Planning Commission was also instructed to discuss possible limitations on the number of students enrolled in the preschool. Staff noted a correction in the memo to the Planning Commission stating the estimated number of vehicle trips per day per student was 4.48 rather than 2.4. Rick White, Community 8s Economic Development Director, stated this testimony was provided at the public hearing and it was clarified that a preschool existed and not a daycare. The findings of fact have been developed on that clarification. Chairman Samuel stated that information received during the public hearing conflicted with the original findings of fact and the clarification has been made. Chairman Samuel questioned staff on the recommendation to limit the class size to 50. Staff stated there are two classes with morning and afternoon sessions: one class on Monday, Tuesday and Wednesday and the other class on Tuesday and Thursday. The Monday, Wednesday and Friday morning class consists of 40 students; the Tuesday and Thursday morning class has 37 students. The afternoon class for each day consists of 9-10 students. Each day there would be approximately 100 students with 50 per class period. If the applicant were to enroll more students a new special permit review would be needed to discuss additional traffic impacts. -3 - Chairman Samuel asked how the number was developed for the maximum number of students allowed. Mr. White stated the maximum number of students was based upon a projected traffic volume that would be generated if the site was developed with single family homes. Chairman Samuel asked if the applicant is aware and agreeable to the special permit conditions. Staff stated the applicant was notified there would be a limit on the number of students allowed to attend, however a specific number was not discussed with the applicant. Chairman Samuel asked what process was required for the preschool to enroll additional students. Staff stated the applicant would need to apply for a special permit. Commissioner Cruz moved, seconded by Commissioner Hay, to adopt the findings of fact and conclusions therefrom as contained in the February 18, 2010 staff report. The motion was passed unanimously. Commissioner Cruz further moved, seconded by Commissioner Hay, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to the Faith Assembly of God Church for the location of the Imagination Studios Preschool with the following approval conditions. The motion was passed unanimously. C. SPECIAL PERMIT 10-year Master Plan for the location of portable classrooms at several public school locations in Pasco (Pasco School District) (MF# SP 09-011) Chairman Samuel read the master file number and explained the proposed special permit had been reviewed during a public hearing. The Chairman asked if staff had any additional comments. Staff had no comment. Commissioner Hay moved, seconded by Commissioner Anderson, to adopt the findings of fact and conclusions therefrom as contained in the February 18, 2010 staff report. The motion was unanimously approved. Commissioner Hay further 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 the Pasco School District approving a ten year master plan for the location of portable classrooms with conditions as listed in the staff report. The motion was unanimously approved. -4 - PUBLIC HEARINGS: A. SPECIAL PERMIT Location of an Elementary School in a R-1 Zone (Pasco School District) (Sandifur Parkway & Road 60) (MF# SP 10-002) Chairman Samuel read the master file number and asked for comments from staff. Staff stated the application involves the location of an elementary school at the northwest corner of Road 60 and Sandifur Parkway. The site was purchased by the School District in 2004 when the preliminary plat for Three Rivers Crossing was being prepared. Staff explained schools are listed as conditional uses in the residential districts and unclassified uses in other districts causing the need for the special permit review. Most schools in Pasco are located in residential zoning districts. The School District will be responsible for road improvements on Road 60 up to the City Park. The building will be similar to the Ellen Ochoa Middle School and the Virgie Robinson Elementary School. The school will be able to house 730 students. Staff reviewed the balance of the staff report for the benefit of the Planning Commission. Chairman Samuel asked if there were any complaints received over noise or traffic when Maya Angelou was built. Staff stated there were no complaints to the Planning Office or during the construction. Chairman Samuel questioned the traffic impact on Road 68. Staff stated the traffic generated by elementary schools occurs during off peak times and is not considered in traffic modeling. Commissioner Little asked if the students would come from the area east of Road 68 and north of Burden Boulevard. Staff stated they believed that would be the case. Staff also mentioned that Road 60 and Sandifur Parkway are arterial collector streets. Staff stated an email was received from a property owner in the vicinity of the proposed site. Copies of the email were presented prior to the meeting for the Planning Commission to review. Kim Marsh, Pasco School District, 1215 W. Lewis Street was present to speak in favor of the proposal. Mr. Marsh stated in response to an earlier question that the School District had not received any complaints from neighbors of Maya -5 - Angelou Elementary. Mr. Marsh stated approximately 10 buses would go to and from the proposed school. The Pasco School District predicts there will be approximately 10,000 elementary students and 9,800 secondary students within the next 5 years. The school will be sized for 730 students. The building would be built in the same fashion as Virgie Robinson Elementary School. Phil, address not given except Pasco, WA, asked if the School District would be more equitable on how they make the boundaries for the school. Tom Kidwell, 4320 Riverhaven Street, owns neighboring property and is in favor of the school. Staff made some additional comments on traffic and stated schools are closed during the weekends, holidays and during summer vacation. After three calls, the public hearing was closed. Commissioner Anderson moved, seconded by Commissioner Hay, to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the March 18, 2010. The motion passed unanimously. B. 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 stated the applicant was seeking to consolidate and renew the special permits that were previously granted for gravel mining on the property. Staff explained the property was covered by both City and County permits. The County permit was issued prior to annexation and is set to expire in 2014. Staff explained the site was identified as a mineral resource area in the Comprehensive Plan and was appropriate for gravel mining. Staff reviewed the written report and suggested an additional condition should be considered dealing with best management practices. Commissioner Cruz asked if the recommended permit condition expiration date for this permit was coincident with the Central Pre-Mix special permit. Staff stated yes the Central Pre-Mix special permit expires in 2025. Commissioner Little asked if the permit involved the extraction of minerals and other activities. -6 - Staff stated it would also allow for storage of mined gravel and the storage of equipment. The rock crushing and the creation of asphalt would occur to the south of the site. David Wilson, Rocky Hills Management, 10723 W. Court Street, stated the site contained 140 acres and the original mining on the site started in the mid- 1970's. He was seeking to combine the existing special permits on his property into one special permit. He stated the condition related to best practice management would be agreeable. Commissioner Little asked if irrigation water would be affected due to the mining. Mr. Wilson stated he does not believe the irrigation water would be affected since the irrigation water for the South Columbia Irrigation District was from canals and the Franklin County Irrigation District pulls water from the river. Chairman Samuel asked Mr. Wilson if he reviewed the recommended approval conditions. Mr. Wilson stated he had reviewed the conditions and had no issues. The public hearing was opened for public comment and after three calls and no answer, the public hearing was closed. Commissioner Cruz asked staff if they would clarify the special conditions for the special permit for the asphalt plant. Rick White, Community 8v Economic Development Director, outlined a series of conditions related to best management practices. Commissioner Little, seconded by Commissioner Cruz, moved to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the March 18, 2010. The motion passed unanimously. C. SPECIAL PERMIT Location of an Auto Body Shop in a C-3 zone (Martin Cortes) (2700 E. Lewis Street) (MF# SP 10-003) Chairman Samuel read the master file number and stated the applicant submitted a letter withdrawing his application for a special permit. 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. -7 - Staff stated the application involved a request to locate a caretaker residence next to the Gemmell Welding facility on 261h Avenue. Staff explained the intent of the caretaker's residence provisions was solely to provide security for a business. Staff reviewed the written report and pointed out there had been no police reports of criminal activities on the site within the last 3 years. Staff did not recommend approval of the special permit. Chairman Samuel questioned City staff's position with regard to the potential negative impacts with granting this special permit. Staff stated approving the special permit would set a precedent for allowing caretaker facilities in other locations in the community where someone may want to make a similar proposal. The caretaker facilities are for providing security not necessarily to provide a convenient place for someone to live. Staff then explained the areas (East "B" Circle 8s Columbia Avenue) where past caretaker residences have been approved. Chairman Samuel asked if there were any data provided regarding declining real estate values where a caretaker residence has been located in an area. Staff stated no. Chairman Samuel asked if there were any data indicating increased safety issues or any sanitation problems with caretaker residences. Staff stated no. Commissioner Anderson believed the intent of the caretaker provisions was to provide security to a site and he did not believe there was a compelling reason to grant the special permit in this case. Ty Gemmell, 2525 W. "A" Street, Space 11, Pasco, WA stated he felt there were security problems at this site. He agreed there had been no burglaries at the site because it has been vacant for the past 3 years. There have been burglaries reported next door; in 2008 there was a reported $10,000 burglary. The property is surrounded by an 8 foot fence which prevents people from looking in; however wood has been knocked out of the fence from men climbing the fence within the past 30 days. Mr. Gemmell reviewed pictures with the Planning Commission. He reported the house two doors to the south had 25 calls to the police within the last 60 days. Commissioner Anderson questioned why the police had been called to that residence. Mr. Gemmell stated an individual was wanted for narcotics and three weeks ago the SWAT team was there looking for an individual with a rifle. Chairman Samuel asked what the caretaker facility would look like, what size would it be and what hours would someone be there. -8 - Mr. Gemmell stated his son would live in the unit. The site currently has an RV hookup with sewer, electric and water service. There is a concrete slab already there. Commissioner Anderson asked if Mr. Gemmell considered an alarm system. Mr. Gemmell stated no. Commissioner Anderson stated alarm systems don't sleep. Mr. Gemmell stated he did not think they were as good as humans. Commissioner Cruz asked staff based on the statements regarding the neighborhood if they considered the activities in the surrounding neighborhood. Staff stated they did check police reports on the specific property and did not check on any neighboring properties. Commissioner Cruz asked if any special permits have been granted for a caretaker residence for a short term basis, such as 6 or 12 months. Staff stated the other caretaker residences are permanent facilities. Chairman Samuel asked Mr. Gemmell what impacts would occur to his operations if the permit was not approved. Mr. Gemmell's main concern is theft. Chairman Samuel asked if there were any operations on site that would require 24-7 hour presence. Mr. Gemmell stated no. Earl Warren, 520 S. 26th Avenue, who lives across the street from the "little red house", stated in the past there was a caretaker residence on the property. He stated he served on the Planning Commission for 13 years. Chairman Samuel thanked Mr. Warren for his years of service. Phil, Pasco, WA stated he owned a business a decade ago and agrees with the applicant. He had to deal with graffiti and damaged property. Mr. Warren further stated the people in the red house were being evicted. Staff asked the Planning Commission for some direction on a recommendation for the special permit. Commissioner Anderson stated he was sympathetic with the applicant however with his experience in law enforcement he stated an alarm, when properly -9 - monitored, will alert the police. He was not in favor of the special permit; he feels this is a dangerous precedent to allow this in a residential neighborhood. Commissioner Cruz was also sympathetic but did not want to establish a place for someone to live at the business location. He suggested staff prepare findings that would support a special set of circumstances and well stated criteria for granting a permit in this case. Chairman Samuel stated it was hard to strike a balance for people to be able to do what they want with their property versus zoning requirements. Commissioner Cruz suggested staff look at the surrounding properties for special consideration especially regarding the police calls to the little red house. Phil, Pasco, WA stated the property was in a light industrial zone. Commissioner Anderson mentioned that Mr. Warren was in the process of evicting the residents in the little red house and does not feel any further investigation is necessary. Commissioner Anderson moved, seconded by Commissioner Perez to close the hearing on the proposed Caretaker Residence and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the March 18, 2010 meeting. E. 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. Staff stated the application was for the location of a Sikh Temple in an R-S-20 Zone at 7505 W. Court Street on a 2.8 acre parcel. The proposal was to convert an existing 1,800-square-foot single-family home into a temple. Twenty parking stalls would be located in the northeast corner of the property. The maximum seating capacity was 54 and estimated vehicle trips were considered based on the size of the facility. Two letters from citizens were received and provided to the Commission for review. Chairman Samuel asked if the Faith Assembly and the Nazarene Churches were next to the proposed site. Staff stated they were. Commissioner Cruz asked about the proposed 35 foot tall sign and how it fit in with the sign code. _10 - Staff stated if it was a sign it does not fit; the sign code has a 15 foot height limit for religious signage with a 40 square foot maximum. The sign code exempts religious symbols such as crosses, spires, symbols of different sorts that are much higher than 15 feet; they also do not have wording on the signage such as hours, etc. Chairman Samuel asked if anyone would be able to see the facility from Court Street due to the landscaping. Mr. White stated it is not invisible however the landscaping does screen the property. Raj Bhandal, 5204 Dundas Lane, represented the Sikh community and stated they were a small community without a Temple. Approximately 10-15 families would attend the Temple. During the past 5 years they have held services at members' homes rotating locations once a week. They have not had any negative feedback from neighbors during their services. They will not have a sign but would have a symbol on the top of a flag pole. Mr. Bhandal stated the pole would not be lit a night. Chairman Samuel asked when services would be held. Mr. Bhandal stated they would meet once a week from 9 a.m. to 12 noon. Chairman Samuel asked if they would hold services outside of that timeframe. Mr. Bhandal stated they currently did not have any services planned. Chairman Samuel asked if they would have outdoor activities. Mr. Bhandal stated wedding ceremonies would be indoors and the dinner or reception may be held outside. Commissioner Cruz asked the applicant if he understood that if in the future he wanted to expand his operations he would need to apply for a special permit review. Mr. Bhandal stated they do not anticipate any modifications and they will accommodate all recommendations set forth by the City. Chairman Samuel asked if they had any issues with the City's recommendations. Mr. Bhandal stated they did not have any issues but would need sufficient time to conform to the City recommendations. Commissioner Little mentioned there would be requirements that need to be met prior to occupancy, and asked the applicant if he was aware what the cost would be to accommodate the recommendations. -11 - Mr. Bhandal stated they have not obtained a cost estimate at this time. Chairman Samuel opened the public hearing. Mike Garrett, 1 Lavender Ct, Pasco, WA, President of the Ivy Glades Homeowners Association, stated his first concern was regarding traffic; he stated there was a turn lane into the Ivy Glades main entrance that did not match up well with the entrance to the Temple. He proposed the temple use the western entrance versus the eastern entrance to the site. He also said that maintenance of the greenbelt would be preferred. Chairman Samuel asked Mr. Garrett if he was in favor of this proposal. Mr. Garrett stated he would be in favor if the traffic issue is addressed, the greenbelt is maintained and if there would be no illumination allowed for the pole. Chairman Samuel asked if he would have a problem if they had a sign similar to the sign at the Nazarene Church. Mr. Garrett said no. Jim Millard, 7305 W. Court Street, Pastor of the Church of the Nazarene, stated he was in favor of the proposal with one condition. He stated since the building is somewhat obscure that any signage or emblems should be far removed from his facility to prevent confusion for visiting guests. Richard Manke, 7517 W. Court Street, stated he lives adjacent to the proposed site. He felt a 35 foot sign was excessive. He also stated there currently are 3 churches within 600 feet of his house. He stated if the church remained small it would not affect his residence, but if it expanded it would. He also mentioned his concern for noise from weddings. He would not like commercial activities to occur on this site. He asked if it is a permitted use for someone to live at the site of a church. Chairman Samuel asked if Mr. Manke was in favor for this proposal. Mr. Manke stated he is still making up his mind. Jim Nelson, 7505 W. Court Street, stated he sold the site to the applicant. He currently uses both driveways and felt there was adequate room to stack in the turn lane. He did not feel there was a problem with traffic. He felt the Temple would be a great addition to the community. Roger Lenk, 1817 N. Road 76, discussed site ingress/egress and mentioned he was opposed to the 35 foot sign. He was opposed to the proposal. Phil, Pasco, WA, stated he heard the applicant state there would not be a sign, as well as no lights. He was in favor of this proposal. -12 - Mr. Manke asked if there was any public input when the matter came before the Council. Chairman Samuel stated there would be no public input allowed after the public hearing. Mr. Manke asked if any discussion could be made prior to the City Council with Council Members. Chairman Samuel stated no and if they did, they would have to recuse themselves from that item. Mr. Bhandal stated there would not be a sign but a flag pole with an emblem on top and it would not be lighted. He mentioned their community consists of native people from India and said their community would only grow if other natives migrated to the Tri-City area. Commissioner Little asked about the comment made on someone living at the site. Mr. Bhandal stated at this time that is not the case; however in the future if they were to hire a priest they would look into the priest living at the site. Chairman Samuel asked staff if they had any further information or comments on this proposal. Staff stated live-in quarters or parsonages have been allowed for this type of situation. Staff stated a symbol is exempt from the sign code and is allowable. Following little additional discussion Chairman Samuel closed the public hearing. Commissioner Anderson moved, seconded by Commissioner Hay, to close the hearing on the proposed location of a Temple in an R-S-20 Zone and initiate deliberations and schedule adoption of findings of fact, conclusions, and a recommendation to the City Council for the March 18, 2010 meeting. OTHER BUSINESS: Mr. White mentioned there would be approximately 5 public hearings at the March hearing. With no further business, the Planning Commission was adjourned at 9:30 pm. David McDonald, Secretary -13 -