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HomeMy WebLinkAbout06-16-2011 Planning Commission Minutes REGULAR MEETING June 16, 2011 PLANNING COMMISSION MEETING CALL TO ORDER: The meeting was called to order at 7:00 p.m. 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 Khan No. 8 Jana Kempf No. 9 Lisa Gemig 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. There were no declarations. Chairman Cruz then asked the audience if there were any objections based on conflict of interest or appearance of fairness questions regarding any of the items to be discussed this evening. There were no declarations. 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: Commissioner Anderson moved to adopt the May 19, 2011 minutes. The motion was seconded by Commissioner Hay. The motion passed unanimously. OLD BUSINESS: A. Plan Ridges to Rivers Open Space Network Vision Plan (MF# PLAN2011-003) -1 - Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, stated the Planning Commission considered the RROSN vision plan twice and Mr. Woodward gave a PowerPoint presentation. Following the presentation each individual policy recommendation in the Plan was reviewed by the Commission. It was also pointed out the City Council heard the presentation earlier and directed the Planning Commission to examine the plan and provide a recommendation on the policies which stood the best chance of benefitting the Pasco community. The staff report reflects the Commissions sentiment which was arrived at the last meeting. Commissioner Kahn moved, seconded by Commissioner Levin, that the Planning Commission recommend City Council support the recommendations identified in the June 16, 2011 staff memo for the Rivers to Ridges Open Space Network Vision Plan. The motion passed unanimously. NEW BUSINESS: A. Preliminary Plat Preliminary Plat approval for Columbia Villas, a 100-lot subdivision located at the northwest corner of Sandifur Parkway and Road 76 (Big Creek Land Company) (MF# PP 2011-002) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, explained the application consisted of a proposal for a multi-family Plat containing of 100-lots. The purpose of the hearing was to review the proposed Plat and not to determine whether the site was an appropriate location for multi-family development. That determination was made in 2003 when the zoning was established. Mr. McDonald reviewed the written report for the benefit of the Planning Commission and discussed the finding requirements of RCW 5817.010. By law the Planning Commission is required to make findings that the proposed plat provides for public facilities, utilities, streets, parks, sidewalks, safe travel, school grounds and schools. State law requires the Planning Commission to review schools and other public facilities to make a recommendation on a Plat. In response to the project SEPA Checklist the School District indicated the District lacks the capacity to accommodate additional students. The School District's letter dated June 3, 2011 indicated that impact fees address the requirement to assure adequate provisions are made for schools. It was explained the City does not have a School Impact Fee Ordinance to provide the School District with mitigation fees. However RCW 82.02.020 authorizes the School District to enter into -2 - agreements with developers for the purpose of mitigating the impacts of new developments. The recommended plat approval conditions were also reviewed including a condition for the developer to enter into an agreement with the Pasco School District for the payment of impact fees or other numeration as determined by the agreement. Commissioner Kahn asked for clarification of recommended condition Number 6 dealing with maintenance and upkeep of the fencing. Mr. McDonald discussed the fencing requirements as-well-as explaining that for single-family subdivisions the City normally collects a fee per lot which goes into a City fund to cover the cost of maintaining the boulevard strip. In areas that are not single-family the developer needs to establish a home owners association for the maintenance. Commissioner Greenaway asked if the units would be individually sold. Mr. McDonald directed the question to the applicant. Commissioner Lukins asked what the difference was between an impact fee and a mitigation fee. Mr. White stated for common use it is the same; however an impact is different than mitigation. Mitigation may take one form or another form; an impact fee is a fee. Chairman Cruz asked what types of remuneration are allowed by law. Mr. White stated there are as many as a person can imagine. Extension of utilities is an example of an in-kind mitigation as opposed to a fee. Contribution or purchase of a portable classroom may be an in-kind contribution as opposed to a fee. Dedication of land is another example. Cliff Mort, 6812 Maplewood, Post Falls Idaho, explained his proposed plat and stated that at the moment he was unsure whether the lots would be sold individually. Mr. Mort stated he has been developing for 25 years and understands the issues of school overcrowding. The ability for impact fees to be collected is necessary due to the overcrowding of schools. The difficulty for Mr. Mort was that the fees needed to be fair, equitable and reasonable. He stated he had read the School District reports and viewed the website and it appears the problem is being handled for the moment with portables. Mr. Mort stated he believed growth pays its own way through construction of new roads, water/sewer lines, extensions of utilities from offsite, curbs, gutter, and landscaping. Mitigation fees are paid for, parks and traffic at the time of impact. Mr. Mort also stated new construction and development creates jobs in the community. He would be in favor of an overall impact fee versus a fee on a few developers. -3 - Commissioner Anderson asked Mr. Mort if he had any discussions with the School District. Mr. Mort stated he has made numerous attempts to reach the School District however with no response. Commissioner Anderson mentioned this issue might be able to be taken care of with the School District with an agreement. Mr. Mort stated the School District has an issue and he is willing to help however, he feels it is bigger than his subdivision and a concern is once impact fees start they don't stop. After the school is built the impact fees do not go away. Chairman Cruz asked about the constraints. Mr. White stated the State Law, RCW 82.02.020, has parameters for a timeframe and what the agreements can be used for and by whom. The School District qualifies for use of Voluntary Agreements provided the fees collected by such are used within a certain time; five years. The memo provided to the Planning Commission explains the City does not provide essential public services for education, the School District does. The purpose of the Voluntary Agreement is to enable the creator of the impact and the public service provider, the School District, to come to terms on impact mitigation. Chairman Cruz stated some might argue that if a modest impact fee was established earlier we would be taking a different approach and not asking for $6,000 which seems out of hand for stakeholders. In addition the precedent that's established by the Planning Commission in setting these kinds of agreements leaves him in an uncomfortable position this is a policy decision for the City Council and the School District to work out. Mr. White stated the record so far indicates that there is an adverse impact on the school system by this development. He has not yet heard anything contrary to that. The obligation of the Planning Commission is to go back to the Findings required by RCW 58.17. If the Planning Commission looks at the record in its entirety and does not agree that the School District has proven there is an adverse impact on the provision of educational facilities by this development then there would not be an obligation for a voluntary agreement. If the record supports the School Districts assertion that there is going to be an adverse impact based on this development then the obligation lies with the provision of a voluntary agreement in this case because there isn't an impact fee ordinance to provide for that mitigation. Commissioner Lukins asked if City Council is discussing an impact fee. -4 - Mr. White stated there is an Impact Fee Ordinance in process however there is a big difference on what the School District is asking for and an Impact Fee Ordinance. Currently mitigation is case by case since there is no Ordinance to fall back on. Chairman Cruz stated that until the Council and the School District come to an agreement the Commission needs to review each case individually. Commissioner Anderson stated they are faced with determining whether there is an impact to the School District as a part of the approval of the Plat, the School District and the developer need to work on an agreement. It is not the up to the Planning Commission to determine the fee. Commissioner Levin stated condition No. 27 should be reworded since it makes the applicant feel boxed. It should state that the applicant is willing to work out a situation with the School District. Commissioner Kahn asked if that means the applicant enters into a dialogue with the School District about providing either in-kind services or an impact fee until the City decides on an Ordinance and Impact Fee. Chairman Cruz stated yes, however if the City does not decide on an Ordinance then they will be faced with this question on a case by case basis. Commissioner Lukins stated he negotiates contracts for a living and if they approve this as written then they are giving the School District the stick to hit the contractor and making them negotiate. The School District is saying take it or leave it and he does not have a solution at the moment. Commissioner Greenaway agreed with Commissioner Lukins and feels they are opening a Pandora's box and strong-arming the developers. Commissioner Lukins asked staff on the recourse the School District has if Commission does not go with their recommendation. Mr. White stated there could be an appeal to the City Council and then to the Court system. Commissioner Kahn asked since this is an RCW would the law be in favor of the School District. Mr. White stated the law is in favor of the record and if the record indicates there is an impact to the School system then it is up to the Planning Commissioner to make findings and conditions that mitigate that impact; if the record indicates there are no impacts then the question is moot. -5 - Chairman Cruz stated based on the information provided by there appears to be an impact. The question they are struggling with is how much of an impact is there. Chairman Cruz asked Mr. Mort on what he believes the impact to the School District. Mr. Mort stated his development will contain mostly be single level homes and could have a lot of retired folks similar to the Mediterranean Villas. He does not feel the School District or staff have misrepresented the number of potential students. His concern is that mitigation is only on new development and not new construction. Commissioner Anderson stated the Commission has put the cart before the horse, their charge is to determine if there is or is not an impact on the School District. They have had no testimony from the School District or from residents. Chairman Cruz opened the public hearing. John Morgan, Pasco School District, stated any number of students in this area could attend any of the schools due to the capacity overload. Mr. Morgan stated he has not received calls from developers to discuss this issue. He has met with two other developers over the past three weeks and had good discussions on behalf of the school district. A misnomer is that the District gets more money if more growth comes in. There is no other money coming in. They get what the taxpayers agree to and it doesn't matter how many people move in. The school district is not anti-development, they have one job and that is to educate the students. Since 2000, the school district has grown by 71%. On average 620 students a year, a new elementary school each year. Commissioner Kempf asked if the site location was in the boundary for Maya Angelou Elementary. Mr. Morgan stated yes; the overcrowding will cause sharing of space with Ruth Livingston Elementary. Chairman Cruz asked if the student count for Maya Angelou is over capacity by 150 students. Mr. Morgan stated the school was over capacity higher than the 150 students. Commissioner Anderson stated the growth in Pasco is not a surprise and in the past asked if there had been any discussion between the School District and the City or County to have an impact fee to mitigate the growth. Mr. Morgan said there were discussions in the past. -6 - Chairman Cruz called for clarification about the discussion. Mr. Morgan stated it was before he was involved in the process. Chairman Cruz asked if there are other forms of mitigation being pursued. Mr. Morgan discussed the Districts efforts to look at open seats in other school districts to share, a multi-track scheduling, year round school scheduling, as well as double shifting. Darcy Buckley, 4110 Road 104 was in favor of an impact fee to help the schools. The double shifting process would cause her to change her education for her children. Dennis Lukin, 1420 S. Quincy Avenue, Kennewick, stated he understands the School Districts increase in population and Pasco has grown a third more than the other cities and property taxes are going up. Chairman Cruz asked for clarification from staff on the property taxes going to the School District. Mr. White stated they are based on a levy and the County could experience a large increase on property values in any given year however the School District will only get what is authorized by the Operating and Maintenance Levy. Any bond voted in by the citizens would also apply. Chairman Cruz stated the total collected does not change. Commissioner Kahn stated the levy is for learning, bonds are for building. Mandy Jones, 10409 Willow Way, stated she has four children in the School District and believes it is the City's job and the Planning Commission's job to plan for the growth. The schools are crowded and there is no way to look at this new development and say there will be no impact to the School District. Chairman Cruz closed the public hearing. Commissioner Kempf moved, seconded by Commissioner Lukins, to close the hearing on the proposed subdivision and initiate deliberations and schedule adoption of Findings of Fact, Conclusions and a Recommendation to the City Council for the July 21, 2011 meeting. The motion passed unanimously. Mr. White stated the public hearing is the first step the item will return in July for deliberations and action. -7 - B. Special Permit Location of a Parking Lot in a R-3 (Medium Density Residential Zone (424 & 428 W. Shoshone Street) (Northwest Agriculture Products, Inca (MF# SP2O11-007) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, the applicant was seeking Special Permit approval for an off premise parking lot for an existing office building located on the corner of North 4th Avenue and Shoshone Street. Mr. McDonald provided some historical background on the property and then reviewed the written report for the benefit of the Planning Commission. Recommended conditions of approval were also discussed. Commissioner Levin asked if neighbors will be able to park in the parking lot after hours. Mr. McDonald stated the applicant has proposed to install gates. Chairman Cruz opened the public hearing. David Puckett, 2712 Road 84, operations manager for NW Agricultural Products, explained some of the improvements NW Agricultural Products plan for the parking lot such as stopping drainage from entering the City street. Chairman Cruz asked Mr. Puckett if he agreed with approval conditions. Mr. Puckett asked if a chain link fence with inserts would be appropriate. Mr. McDonald stated a chain link fence does not create a solid screen; a cedar or block wall fence would. Sam Key, 4103 Northlake Drive, West Richland, stated he owns neighboring property and his concern is for the location of the dumpster and the new asphalt causing a heat island. Mr. McDonald stated trees would be required in the parking lot and that hard surfacing in the planting strip along Shoshone would need to be replaced with landscaping all which would help reduce the heat island effect. Mr. Key stated he was concerned about noise from transients that dumpster dive. Mr. Puckett stated the dumpster will be the same size of a residential size dumpster (100 gallon automated can) which will mostly contain paper. There -8 - will be a gate along the alley and the dumpster will be moved to the alley weekly for garbage pickup. Monica Sanchez, 6309 Victoria Court, spoke on behalf of her sister-in-law who resides at 420 Shoshone, next door to the parking lot. Her main concern was for privacy, noise, landscaping, heat that would impact her yard, and lighting spillage. Mr. McDonald explained the east side of the lot will contain a solid six foot fence which will provide privacy for the back yard; the first six feet of the parking lot will be a planting strip which will contain a minimum of 6 trees and 18 shrubs. The office building business hours will be 9-5 Monday-Friday. Lighting will need to be shielded from neighboring properties. Chairman Cruz called for further public comment and after no response after three calls the public hearing was closed. Commissioner Lukins moved, seconded by Commissioner Greenaway, to close the hearing on the hearing on the proposed lot and initiate deliberations and schedule adoption of Findings of Fact, conclusions, and a recommendation to the City Council for the July 21, 2011 meeting. C. CDBG 2012 Community Development Block Grant Allocations (Citywide) (MF# BGAP 2011-003) Chairman Cruz read the master file number and asked for comments from staff. Angie Pitman, CDBG Administrator stated the hearing was the first of two public hearings required for the 2012 CDBG Allocation applications. The second public hearing will be in July; in August City Council will hold a workshop; and in October a 30-day public review period of the Action Plan which will go to HUD in November. Ms. Pitman discussed the background of the CDBG program and explained Pasco typically receives an annual entitlement of about $600,000 per year. Program rules and eligibility requirements from CFR 570 were discussed; national objectives were explained along with Consolidated Plan requirements. 2012 will be the third year of the Consolidated Plan. The City can carry out activities with City employees, contractors or program partners such as sub recipients from other governmental agencies, private or public non-profit and private for profit. Contractors can be used and are selected through a competitive procurement process or a community based organization (which we do not have in our area). For 2012 the estimated entitlement is $510,000 which includes a 16% decrease. It is estimated that $10,000 will be available from program income and $462,000 will be reallocated from prior years activities. In 2012 there is $982,000 available for use. In May of each year the City advertises for requests -9 - for proposals. Sixteen proposals were received asking for approximately $1.5 million in funding leaving a deficit of about $488,000. Chairman Cruz called for question on any of the City's proposals. Rick White, Community & Economic Development Director presented the following program application: Community & Economic Development Administration accounts for all of CDBG salaries and other employees which provide CDBG support. It also pays for the CDBG program functions such as advertising, public notices, supplies, and etc. The Civic Center Youth Recreation Specialist is a partial salary for an employee who provides project delivery for the after school and summer programs at City Hall for low to moderate families and their children. The Martin Luther King Recreation Specialist works closely with the YMCA and Head Start to provide services at the Martin Luther King Center. The Senior Citizen Center Recreation Specialist is similar to the previous specialists however services are solely provided for low to moderate income senior citizens. The Downtown Fagade Improvement Program has been undertaken by the Downtown Pasco Development Authority and there are 3-4 facades projects in process. The LID 148 Assessment Assistance request is for Phase 2 of the Kurtzman Neighborhood Improvement Program which continues from last year and if successful will be constructed this summer. The $65,000 will assist in financial assistance for low to moderate income households. The Senior Center Kitchen remodel has been needed for many years. The kitchen provides Meals on Wheels for the entire Tri-City area. The funds will be used to replace kitchen equipment. The Code Enforcement Officer request provides the salary for one Code Enforcement Officer to minimize adverse affects on neighborhoods such as a vacant house with waist high weeds, broken windows, etc. in low to moderate income neighborhoods to stop and prevent slum and blight. The Kurtzman Park LID last phase for improving Hugo, Sycamore and Cedar streets for the northerly section adjacent to Lewis Street. The streets are in terrible shape with vacant lots and improvements with water and sewer in the past year bona fide economic development and residential growth would be a good thing for that neighborhood. -10 - The Community Park project consists of developing a park with athletic fields in low moderate income census tracts east of Highway 395. The park would include recreation space and athletic fields such as soccer, football or softball. Ahmad Qayoumi, Public Works Director explained the request for funding for ADA sidewalk accessibility improvements of pedestrians. The downtown area is being targeted first and then other areas in the city will be addressed. Jennifer Balderas, 74 Whitten Street, Richland and Kim Lowe, 3 Zinnia Court, Pasco presented their program for youth to give them an opportunity to do something constructive and give back to the community by producing organic fruits/vegetables. Commissioner Khan asked where the garden site would be located. Ms. Balderas stated land would be donated in various areas of Pasco. Commissioner Greenaway asked how they proposed to transport youth to different sites if they reside in Richland. Ms. Balderas stated she is working with Louise Alaniz, President of Charity Program for that purpose. Chairman Cruz recalled Ms. Alaniz's proposal from last year and they requested to see funding, development and matching of funds for such programs. Their request is for CDBG to fund their program 100%. Ms. Balderas stated the money would be for seed money to start their gardens. Chairman Cruz again asked for clarification on the matching dollar amount. Ms. Balderas stated there is no match. Commissioner Khan asked if there were farmers who have donated to this program. Ms. Balderas stated no; there are several families who are willing to donate ground. Commissioner Khan asked if they fashioned their program after any other model such as co-op farming that use at risk youth who train them for a job. Ms. Balderas stated she was not aware of that program. Chairman Cruz called for the applicant for the Benton Franklin Community Action Committee Homeless Prevention Program. No one responded from the audience. -11 - Carol Schuh, 1202 W. Lewis Street, Power Zone Youth Center stated they have an after school program called "Homework Zone". Their mission statement: Reaching at risk youth, mentoring and developing their God given potential. Their goal is to help youth graduate. They focus on prevention and intervention. They are teaming up with an organization "Firme" which means firm and is headed by Jesse Campos who is the executive director of Teen Challenge who works with gang members. Commissioner Khan questioned the number of youth they serve. Ms. Schuh stated on average 30-35; they were formerly at the Martin Luther King Center and since they have relocated it is harder to get the kids from the eastside to their facility. Commissioner Anderson asked how long has this program been running. Ms. Schuh stated since March of 2000. Commissioner Anderson questioned how they have funded the program. Ms. Schuh stated through in-kind donations and grant monies. The grant monies have run out and they would like to get another tutor and more space. Victoria Silvernail, 120 Thayer, Richland, Executive Director of the Pasco Specialty Kitchen stated they provide an affordable organic certified commercial incubator kitchen for small food businesses to cook and package their product. Ms. Silvernail discussed the various helps they provide clients and their partnering with the Pasco School District cooking Academy. Chairman Cruz called for Catholic Family Charities Volunteer Chore Services to present their request. No response. Chairman Cruz continued the public hearing to the next meeting. Commissioner Lukins stated that of the 12 projects recommended funding and 11 are for the City. He feels room should be created for one more. Chairman Cruz suggested moving $10,000 from the Fagade improvement to the Power Zone Youth Center. Ms. Pitman explained there was a 15% cap on funding for public services. Power Zone is a public service provider. To stay under the cap funding had already been reduced for the Senior Center. Chairman Cruz stated he was still in favor of allocating money to Power Zone. The general consensus of the Commission was for providing some funding for Power Zone. -12 - OTHER BUSINESS: Commissioner Anderson moved, seconded by Commissioner Hay, to adjourn the meeting. The motion passed unanimously. With no further business, the Planning Commission was adjourned at 8:24 p.m. David McDonald, Secretary -13 -