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HomeMy WebLinkAbout11-17-2011 Planning Commission Minutes REGULAR MEETING November 17, 2011 PLANNING COMMISSION MEETING CALL TO ORDER: The meeting was called to order at 7:00pm by Chairman Cruz. POSITION MEMBERS PRESENT MEMBERS ABSENT No. 1 Michael Levin No. 2 James Hay No. 3 Andy Anderson No. 4 Alecia Greenaway No. 5 Joe Cruz No. 6 Kurt Lukins No. 7 Zahra Kahn No. 8 Jana Kempf No. 9 Vacant APPEARANCE OF FAIRNESS: Chairman Cruz read a statement about the appearance of fairness for hearings on land use matters. Chairman Cruz asked if any Commission member had anything to declare. No declarations were made. Chairman Cruz 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. ADMINISTERING THE OATH: Chairman Cruz explained that state law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Chairman Cruz swore in all those desiring to speak. APPROVAL OF MINUTES: Chairman Cruz motioned to approve the minutes dated October 20, 2011. Commissioner Anderson moved, seconded by Commissioner Hay, that the minutes dated October 20, 2011 be approved as mailed. The Motion carried unanimously. OLD BUSINESS: A. Special Permit Location of a Level Two Community Service Facility in an I-1 (Light Industrial) Zone (Union Gospel Mission) (112 N. 2nd Ave) (MF# SP 2011-014) Chairman Cruz read the master file number and asked for comments from staff. City Planner, David McDonald, explained that as a result of comments made at the public hearing the recommended conditions had been modified. Additional conditions were added for fencing, screening and public restroom signage. Conditions were also added to reflect the discussion on utilities. -1- Commissioner Anderson moved seconded by Commissioner Lukins to adopt the findings, the facts and conclusions contained in the November 17, 2011 staff report. The motion passed unanimously. Commissioner Anderson moved, seconded by Commissioner Lukins that the Planning Commission recommended that the City Council grant a Special Permit to Union Gospel Mission for the development of a level two community service facility, with conditions as contained in the November 17, 2011 staff report. The motion was passed unanimously. Staff explained the recommendation would go to the City Council on December 5, 2011 unless an appeal is filed, in which case a closed record hearing would be scheduled. B. Special Permit Location of a Level One Community Service Facility in a C-3 (General Business) Zone (PowerZone) (1202 W. Lewis St) (MF# SP 2011-013) Chairman Cruz read the master file number and asked for comments from staff. City Planner, David McDonald, explained that staff had no additional comments unless the Commission had questions. No questions or comments were received. Commissioner Lukins moved seconded by Commissioner Hay to adopt the findings, the facts and conclusions contained in the November 17, 2011 staff report. The motion passed unanimously. Commissioner Lukins moved, seconded by Commissioner Hay that the Planning Commission recommended that the City Council grant a Special Permit to PowerZone for the development of a level one community service facility, with conditions as contained in the November 17, 2011 staff report. The motion was passed unanimously. Staff explained the recommendation would go to the City Council on December 5, 2011 unless an appeal is filed, in which case a closed record hearing would be scheduled. PUBLIC HEARINGS: A. Code Amendment Rabbits and Hens in Residential "R" Zones (MF# CA 2011-005) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, explained that the Commission discussed this item at the October 20, 2011 workshop. The issue concerns a recent interest among the community in establishing for personal use, the keeping of a small number of hens or rabbits in residential zones with appropriate safeguards. Staff did thorough research of the issue to come up with a proposed code amendment that would affect the largest of the residential zones all the way down to the medium density zones (RS-20 to R-4 Zoning Districts) with some qualifying conditions. The ability to have no more than six small animals, which can include hens and/or rabbits, would be based on the proposed code amendment provisions explained in the November 17, 2011 packet. Staff research concluded that the appropriate personal responsibility for the keeping of hens and rabbits isn't any different than the keeping of dogs and cats. -2- Mr. White corrected a comment made at the October 20, 2011 workshop about the City of Kennewick's code. At that meeting it was explained that Kennewick adopted a code similar to the one being proposed. However Kennewick changed its code three years ago, prohibiting hens in all districts except for their equivalent of the City of Pasco's RS zoning districts. The City of Richland allows up to six hens and doesn't limit the keeping of small animals to three of one kind; a person can keep up to six at one time (i.e. hens, cats, dogs). Mr. White explained that the wording in the ordinance is the same for all of the zoning districts, with a slight change in wording for the RS Districts because they already allow the keeping of up to 40 hens, depending on lot size. Chairman Cruz asked of clarification between the proposed code and the Kennewick code relating to lot size. Mr. White stated Kennewick used to allow up to three hens in any zoning district. Now hens are only permitted in Suburban Zones on lots .5 acres or larger. Gabriel Larson, 8615 Studebaker Drive, supported the code amendment because people could learn the responsibility of taking care of an animal. He said that hens are not any louder than a dog or a cat. Amelia Larson, 8615 Studebaker Drive, explained the reasons why keeping hens in residential zones was beneficial. She stated hens and rabbits were ideal for small spaces; they are quiet, good with general waste, promote sustainability, and good for educational purposes. Chairman Cruz asked Ms. Larson if she was an advocate for hens on smaller lot sizes even though the City of Kennewick did away with the keeping of hens on smaller lots. Ms. Larson answered that she is curious as to why Kennewick did away with hens on the smaller lots sizes because in her research, it was possible to have hens on a small lot with a small number of hens. If done properly, she did not see a problem with hens on a small lot. Mr. White stated the prohibition of hens in Kennewick had nothing to do with hens but everything to do with roosters and since there was a rooster problem, the City of Kennewick prohibited all chickens. Chairman Cruz closed the Public Hearing. Commissioner Hay explained that he has had to live next to someone who kept a rooster and the noise was problematic. To keep away the problem of roosters, Mr. Hay proposed no hens either. Commissioner Anderson moved, seconded by Commissioner Kempf to adopt the Findings of Fact, as contained in the November 17, 2011 staff report on code amendments for PMC Section 25. The motion was approved with one dissenting vote from Commissioner Hay. Commissioner Anderson moved, seconded by Commissioner Kempf that the Planning Commission recommended that the City Council adopt the proposed code amendment modifying PMC Section 25 to approve keeping of hens and rabbits in residential zones, with conditions as contained in the November 17, 2011 staff report. The motion was approved with one dissenting vote from Commissioner Hay. -3- Staff explained that this will go to City Council Workshop November 28, 2011 and then most likely to the first City Council Meeting December 5, 2011. B. Comprehensive Plan 2011 Comprehensive Plan Update (MF# 2011-001) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner reminded the Commission that the 2011 Comprehensive Plan Update was reviewed in a Public Hearing at the October 20, 2011 meeting. The hearing was continued to allow time for the Pasco School District to complete the District Capital Facilities Plan. The Pasco School District request for the City to consider an impact fee ordinance related to schools was a major reason for the Comprehensive Plan Update. The central part of the District involves the School Districts Capital Facilities Plan, which would be included by reference in the City's Comprehensive Plan. The School District is still working on their Capital Facilities Plan making it unavailable for consideration. As a result, staff requested the continuation of the Public Hearing for another month to the December 15, 2011 meeting. The Chairman opened the Public Hearing for comments. No one was present to make comments. Commissioner Lukins moved, seconded by Commissioner Hay to continue the hearing on the Comprehensive Plan updates until the December 15, 2011 Planning Commission Meeting. The motion passed unanimously. With no further business, the Planning Commission was adjourned at 7:25 p.m. Respectfully submitted, David McDonald, Secretary -4-