HomeMy WebLinkAbout04-28-2011 Planning Commission Minutes REGULAR MEETING April 28, 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. No 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 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:
Commissioner Hay moved to adopt the March 17, 2011 minutes. The motion
was seconded by Commissioner Anderson. The motion passed unanimously.
OLD BUSINESS:
A. Rezone Rezone from C-1 (Retail Business) to C-3
(General Business) to allow for auto sales
(624 W. Lewis Street) (Shane Fast) (MF# Z
2011-001)
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Chairman Cruz read the master file number and asked for comments from
staff.
Jeffrey B. Adams, Associate Planner, provided a brief history of the past
discussion on the matter and then summarized the staff report for the benefit
of the Planning Commission. Mr. Adams also pointed out staff had provided the
Commission with an alternate set of findings and motion to approve the rezone
request with a concomitant agreement.
Commissioner Levin asked a number of questions for clarification of the zoning
and past uses in the area.
Shane Fast, 3109 West 46th Avenue, Kennewick supported Option "B".
Commissioner Lukins asked Mr. Fast if the conditions of Option "B" were
acceptable.
Mr. Fast stated they were.
Commissioner Levin recommended the Planning Commission go with Option
«B»
Commissioner Lukins moved, seconded by Commissioner Greenaway, to adopt
Findings of Fact, "Option B" and Conclusions therefrom as contained in the
April 28, 2011 staff report. The motion passed unanimously.
Commissioner Lukins further moved, seconded by Commissioner Greenaway,
based on the Findings of Fact and Conclusions therefrom, the Planning
Commission recommend the City Council approve the Rezone from C-1 (Retail
Business) to C-3 (General Business), with the conditions listed in the report.
The motion passed unanimously.
B. Rezone Rezone from R-1 (Low Density Residential)
to R-2 (Medium Density Residential) Zone
(3300 Block west of Wernett Road) (Vinh
Pham) (MF# Z 2011-003)
Chairman Cruz read the master file number and asked for comments from
staff.
Staff reviewed the recommended conditions included in the proposed
concomitant agreement.
Commissioner Lukins moved, seconded by Commissioner Greenaway, to adopt
the Findings of Fact as contained in the April 28, 2011 staff report. The motion
passed unanimously.
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Commissioner Lukins further moved, seconded by Commissioner Greenaway,
based on the Findings of Fact as adopted, the Planning Commission
recommend the City Council Rezone the site from R-1 (Low Density Residential)
to R-2 (Medium Density Residential) with a Concomitant Agreement limiting
the number of dwelling units to 21 and requiring minimal architectural
features on each dwelling units. The motion passed unanimously.
C. Special Permit Expand and continue resource recovery
operation in an I-1 (Light Industrial) Zone
(215 E. Ainsworth Avenue) (Ray Poland &
Sons, Inc.) (MF# SP 2011-001)
Chairman Cruz read the master file number and asked for comments from
staff.
Staff had no additional comments.
Commissioner Greenaway moved, seconded by Commissioner Lukins, to adopt
the Findings of Fact and Conclusions therefrom as contained in the April 28,
2011 staff report. The motion passed unanimously.
Commissioner Greenaway further moved, seconded by Commissioner Lukins,
based on the Findings of Fact an Conclusions therefrom the Planning
Commission recommend the City Council grant a Special Permit to Ray Poland
& Sons Inc. for the operation of a concrete crushing/hog fuel production
facility with conditions as listed in the April 28, 2011 staff report. The motion
passed unanimously.
D. Special Permit Location of a church in a R-2 (Medium
Density Residential) Zone (316 N. 11th
Avenue) (Mario Rivera) (MF# SP 2011-005)
Chairman Cruz read the master file number and asked for comments from
staff.
Staff had no additional comments.
Commissioner Greenaway moved, seconded by Commissioner Lukins, to adopt
the Findings of Fact and Conclusions therefrom as contained in the April 28,
2011 staff report. The motion passed unanimously.
Commissioner Greenaway further moved, seconded by Commissioner Lukins,
based on the Findings of Fact and Conclusions therefrom the Planning
Commission recommend the City Council grant a Special Permit to Mario
Rivera for the operation of a church with conditions as listed in the April 28,
2011 staff report. The motion passed unanimously.
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E. Preliminary Plat Preliminary Plat approval for Ranger
Heights, an 11-lots subdivision located at
1621 Road 80 (Basswood, LLC) (MF# PP
2011-001)
Chairman Cruz read the master file number and asked for comments from
staff.
Jeff Adams, Associate Planner indicated that at the hearing in March there
were some questions raised about the School District requesting the developer
enter into a voluntary agreement for the imposition of impact fees. Mr. Adams
indicated the School District has withdrawn the request for impact fees on the
proposed plat.
Chairman Cruz opened the public hearing for additional public comment.
Roger Lenk, 1817 N Road 72, was present to speak in opposition to the
proposed plat. Mr. Lenk made a number of comments related to the lack of
classroom space available in local schools and read a portion of the previous
letter the School District provided explaining the same. Mr. Lenk stated the
public would be negatively impacted if the plat was approved.
Rick White, Community and Economic Development Director indicated the City
was not in the business of providing educational services and defers to the
School District to comment on those needs. It was pointed out again that the
School District withdrew their request for impact fees for any plat submitted
prior to April 1, 2011. Mr. White also pointed out the School District is in the
process of installing portable classrooms at Livingston and McLoughlin.
Gene Batey, 9800 Maple Drive, stated he understands the School District has
difficulties but it is hard to tell if the future buyers of lots within the proposed
plat will have school children or whether of not they will move from other parts
of town.
Commissioner Greenaway stated she understood the School District capacity
problems but there was no way of knowing if only retired people would move in
or if existing families are just changing homes.
Chairman Cruz indicated he thought there should be some policy direction
before impact fees are required.
Commissioner Hay moved, seconded by Commissioner Anderson, to adopt the
Findings of Fact and Conclusions therefrom as contained in the April 28, 2011
staff report. The motion passed unanimously.
Commissioner Hay further moved, seconded by Commissioner Anderson, based
on the Findings of Fact and Conclusions, as adopted, that the Planning
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Commission recommend City Council approve a Preliminary Plat for Ranger
Heights Subdivision with the conditions as listed in the April 28, 2011 staff
report. The motion passed unanimously.
The appeal process was briefly explained by staff for the benefit of the
audience.
F. Comprehensive Plan Land Use Designation change from Low-
Amendment Density Residential to Mixed Residential
(Corner of Charles Avenue and Clark Street)
(Beacon Development) (MF# CPA 10-004)
(CLOSED RECORD HEARING) REMAND
FROM CITY COUNCIL)
Chairman Cruz read the master file number and asked for comments from
staff.
Jeff Adams, Associate Planner, explained that the proposed Plan Amendment
had been remand by the City Council with instructions that the Planning
Commission consider the amendment without consideration of a specific
development proposal for the site in question. The application for the proposed
amendments must be reviewed as a standalone process absent current
ownership or development plans. Mr. Adams then reviewed various plan
policies that were applicable to the proposed amendment.
Mr. White, Community and Economic Development Director encouraged the
Planning Commission to provide comments as Mr. Adams explained the
applicable Plan policies. Mr. White also indicated the Planning Commission
remand was to address a concern that there may have been undue reliance of
on the applicant's reputation or similarity with other project developed by the
applicant.
From that point Chairman Cruz read through the policy analysis contained in
the written report.
Commissioner Anderson moved, seconded by Commissioner Hay, to adopt the
Findings of Fact and Conclusions as contained in the Comprehensive Plan
Land Use Map MF# CPA 10-004 staff memo dated April 28, 2011. The motion
passed unanimously.
Commissioner Anderson further moved, seconded by Commissioner Hay, based
on the Findings of Fact and Conclusions therefrom, that the Planning
Commission recommend the City Council approve a Comprehensive Plan
Amendment under Master File number CPA 10-004. The motion passed
unanimously.
NEW BUSINESS:
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A. Special Permit Location of a park in the Linda Loviisa
Subdivision (5520 Salem Drive) (City of
Pasco) (MF# SP2011-006)
Chairman Cruz read the master file number and asked for comments from
staff.
Shane O'Neill, Planner I, stated the City of Pasco was the applicant for the
proposed five-acre neighborhood park in the Linda Loviisa subdivision. Mr.
O'Neill explained a neighborhood meeting was held on April 12, 2011 to explain
the park proposal to the neighborhood. Approximately 30 residents attended
the meeting.
Dan Dotta, Facility Services Manager, stated the proposal consists of a walking
path through the park leaving a majority of the park open for soccer. A
playground and basketball court will be located on the eastern portion of the
park.
Commissioner Khan moved, seconded by Commissioner Anderson, to close the
hearing on the proposed park and initiate deliberations. The motion passed
unanimously.
Commissioner Khan moved, seconded by Commissioner Hay, to adopt Findings
of Fact and Conclusions therefrom as contained in the April 28, 2011 staff
report. The motion passed unanimously.
Commissioner Khan 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 City of Pasco for the
location of a neighborhood park with conditions as contained in the April 28,
2011 staff report. The motion passed unanimously.
B. Rezone Rezone from "O" (Office) to R-1 (Low Density
Residential) Zone (1911 N. 20th Avenue)
(Philip Richardson) (MF# Z2011-0041
Chairman Cruz read the master file number and asked for comments from
staff.
Jeffrey B. Adams, Associate Planner, explained the applicant requested the
rezone to eliminate the illegal non-conforming status. Mr. Adams reviewed the
surrounding zoning and land use for the benefit of the Planning Commission.
David Richardson, 11115 176th Ave E. Bonnie Lake, WA, stated the house was
built in 1949 and his family lived there for decades. Richardson Park was built
on land provided by his family. His family is seeking to rezone the house
because they are having difficulty selling the house due to the zoning. He is not
in favor of turning this house into an office.
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Commissioner Khan questioned the outlet from the residence and the possible
use of the alley in the back.
Mr. Richardson stated the alley in the back is a maintenance service road. He
also added the house is in perfect condition and they have been unsuccessful
in attempts to sell the house as an office.
Commissioner Khan called for staff to address this issue as a condition in the
rezone to use the alley as their sole driveway.
Chairman Cruz asked staff if there were other houses with only alley access.
Mr. McDonald stated yes, there are many houses in the city with access to
garages solely from an alley.
Commissioner Greenaway questioned Mr. Richardson if he has made attempts
to sell the house and asked banks if they would loan on this house.
Mr. Richardson stated yes, the house was appraised at $145,000.00 and they
have not had any offers. The last realtor stated the problem was that banks will
not loan on this as a house in an office zone.
Chairman Cruz closed the public hearing.
Commissioner Greenaway moved, seconded by Commissioner Lukins, to close
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 May 19, 2011 meeting. The motion passed unanimously.
Chairman Cruz reopened the public hearing for clarification on conditions for
approval.
Mr. Richardson stated the daycare to the south and the house share the
driveways so cars do not back out on 20th. The house has a separate driveway
next to the daycare access.
Chairman Cruz closed the public hearing.
Following additional discussion amongst the Commission Chairman Cruz
asked whether or not the Commission was in favor of the rezone.
Commissioner Greenaway moved, seconded by Commissioner Lukins, to close
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 May 19, 2011 meeting. The motion passed unanimously.
OTHER BUSINESS:
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Rick White, Community and Economic Development Director, provided a brief
summary of the RROSN Vision Plan and stated a presentation would be made
at the May Planning Commission.
With no further business, the Planning Commission was adjourned at 8:29
p.m.
David McDonald, Secretary
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