Loading...
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) -1 - 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. -2 - 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. -3 - 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 -4 - 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: -5 - 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. -6 - 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: -7 - 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 -8 -