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HomeMy WebLinkAbout03-17-2011 Planning Commission Minutes REGULAR MEETING March 17, 2011 PLANNING COMMISSION MEETING CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Vice-Chairwoman Kempf. POSITION MEMBERS PRESENT MEMBERS ABSENT No. 1 Vacant No. 2 James Hay No. 3 Andy Anderson No. 4 Alecia Greenaway No. 5 Joe Cruz No. 6 Kurt Lukins No. 7 Vacant No. 8 Jana Kempf No. 9 Lisa Gemig APPEARANCE OF FAIRNESS: Vice-Chairwoman Kempf read a statement about the appearance of fairness for hearings on land use matters. Vice-Chairwoman Kempf asked if any Commission member had anything to declare. There were no declarations. Vice-Chairwoman Kempf 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: Vice-Chairwoman Kempf explained that state law requires testimony in quasi- judicial hearings such as held by the Planning Commission be given under oath or affirmation. Vice-Chairwoman Kempf swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Lukins moved to adopt the February 24, 2011 minutes. The motion was seconded by Commissioner Hay. The motion passed unanimously. OLD BUSINESS: A. Special Permit Agricultural uses in a RS-20 (Residential Suburban) Zone (the 2000 block of Road 72) (Phillip W. Schmitt) (MF# SP 2011-002) -1 - Vice-Chairwoman Kempf read the master file number and asked for comments from staff. David I. McDonald, City Planner, stated this item was discussed at the last meeting and as a result of that discussion a number of concerns were raised. Mr. McDonald then explained that six conditions were added to the recommended list of conditions; they are as follows: Condition #4 addresses prohibiting equipment from turning on the roadway during plowing or harvesting. Condition #5 addresses the storage of farm equipment. Condition # 8 deals with the types of crops to be grown and includes corn. Condition #9 permits only 18 head of cattle. Condition #10 requires fencing for the cattle using best management practices for animal husbandry. Condition #15 requires a port-a-potty on site when picking crews are present. No further discussion. Commissioner Gemig moved, seconded by Commissioner Greenaway, to adopt the Findings of Fact and Conclusions therefrom as contained in the March 17, 2011 staff report. The motion passed unanimously. Commissioner Gemig further moved, seconded by Commissioner Greenaway, based on the Findings of Fact therefrom the Planning Commission recommend the City Council grant a Special Permit to Philipp Schmitt for the location of a farm in the 2000 block of Road 72 with conditions as listed in the March 17, 2011 staff report. The motion passed unanimously. B. Special Permit Location of a church in a C-3 (General Business) Zone (3330 West Court Street, Suite "K")(Troy Jeff Woods) (MF# SP 11-001) Vice-Chairwoman Kempf read the master file number and asked for comments from staff. Shane O'Neill, Planner I, provided some clarification about exiting and the maximum occupancy loading of the proposed church. The building has an occupancy capacity of 113. The applicant has proposed 56 seats. Commissioner Lukins moved, seconded by Commissioner Hay, to adopt the Findings of Fact and conclusions therefrom as contained in the March 17, 2011 staff report. The motion passed unanimously. Commissioner Lukins 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 Troy Jeff Woods for the location of a church in Suite "K" of 3330 West Court Street with conditions as listed in the March 17, 2011 staff report. The motion passed unanimously. -2 - C. Rezone Rezone from C-1 (Retail Business) to C-3 (General Business) to allow for Auto Sales use (624 W. Lewis) (Shane Fast) (MF# Z Pkill Vice-Chairwoman Kempf read the master file number and asked for comments from staff. Jeffrey Adams, Associate Planner, explained this item was continued from the previous meeting to allow staff time to research several issues. The main issue centered on comments from Teresa Orosco, the former owner of the property, who indicated during the Public Hearing that a licensed auto sales facility was located on the proposed site in the recent past. Staff found a Business License dated January 9, 2001 showing an automobile sales business was approved for C-3 zoned property at 612 W. Lewis Street. The copy of the Business License showed that Lots 1-8, Block 16 of Gerry's Addition were the lots approved for automobile sales. That corresponds with the area zoned C-3 in 1973 by Ordinance Number 1594. Said Rezone applied to Lots 1-7. Staff could find no other Ordinance rezoning other lots in the block to C-3. The site in question (624 W. Lewis St.) has never been zoned C-3 and there has never been a Business License for car sales for that location. Past Business Licenses for 624 W. Lewis St. include a 1990 Business License for Pasco Silkscreeners and a 1995 Business License for Showcase Advertising. Rick White, Community 8v Economic Development Director, stated the initial Public Hearing was continued and would need to be reopened for public comment. Vice-Chairwoman Kempf reopened the Public Hearing. Shane Fast, 3109 W. 46th Avenue, Kennewick, stated the zoning map is incorrect and the City website shows Lots 9-11 zoned C-3, he stated he had visited with Shane O'Neill and confirmed that his lots were zoned C-3. The building is zoned C-1. He stated he is asking that the building be rezoned to match the zoning of the other lots on his property. Teresa Orosco-Day, 915 S. Dawes, Kennewick, stated the staff findings were incorrect and she paid quarterly taxes to the City of Pasco. She explained some of the history of selling cars from her building at 624 W. Lewis St. and how the state inspected her businesses. She sold the property to Shane Fast with the knowledge that she sold cars from those lots and did business from the building at 624 W. Lewis Street. Dave McDonald, City Planner, stated the information included in the staff report was correct as it related to the zoning. Mr. McDonald provided some -3 - history on the zoning map and how the maps are computer generated. There was an error transposed to the computer maps from the original map and as a result the map on the website is not accurate. The map illustrating zoning included in the report accurately reflects the zoning from the 1973 Ordinance that established the C-3 zoning in the block. Mr. McDonald explained the Business Licenses again and described the lots that were approved for automobile sales. The Business License application clearly states the business location was at 612 W. Lewis St. which is the location of the C-3 zoning. The mailing address is often different than the Business License location and in this case the mailing address was listed as 624 W. Lewis Street. Teresa Orosco-Day stated she never got a copy of the business application. She stated yes she did have a screen-printing business out of the building and did write auto sales contracts as well from the same 624 W. Lewis Street building. Ms. Orosco-Day then re-explained the auto sales business she conducted out of 624 W. Lewis Street. Mr. White recommended the hearing be continued to obtain all records mentioned by the applicant and Ms. Orosco-Day. Commissioner Lukins agreed with Mr. White. Commissioner Greenaway stated she is in favor of the Rezone. She mentioned the marked up application and would like to see the original application if the applicant has a copy. Vice-Chairwoman Kempf also is in favor of moving forward tonight on this Rezone. Commissioner Hay moved, seconded by Commissioner Lukins, to continue the meeting to the April Planning Commission meeting. The motion passed with Commissioners Gemig and Greenaway casting dissenting votes. D. Rezone Rezone from RT (Residential Transition) to C-1 (Retail Business) (the southeast corner of Wrigley Drive and Clemente Lane) (Lee Eickmeyer) (MF# Z 2011-002) Vice-Chairwoman Kempf read the master file number and asked for comments from staff. Jeffrey Adams, Associate Planner, stated staff had no additional comments. Commissioner Gemig moved, seconded by Commissioner Greenaway, to adopt the Findings of Fact and Conclusions therefrom as contained in the March 17, 2011 staff report. The motion passed unanimously. -4 - Commissioner Gemig further moved, seconded by Commissioner Greenaway, and based on the Findings of Fact and Conclusions therefrom the Planning Commission recommend the City Council Rezone the site from RT (Residential Transition) to C-1 (Retail Business). The motion passed unanimously. NEW BUSINESS: A. 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) Vice-Chairwoman Kempf read the master file number and asked for comments from staff. David I. McDonald, City Planner, stated the property owner previously applied for a Comprehensive Plan Amendment and after the Planning Commission's review and recommendation; the applicant withdrew his application before it was scheduled to go to the City Council. The applicant's intent was to develop the property in conformance with the Preliminary Plat approved in 2008 for only 21-single family lots. The applicant re-filed an application for a zoning change that would permit 21 zero lot line homes on the site. Mr. McDonald explained Pasco does not have specific regulations for allowing zero lot line homes and the only way to accomplish that is through the Planned Unit Development process or through a multi-family Rezone. Sun Willows and Ivy Glades are examples of Planned Unit Developments and Mediterranean Villas off Road 100 is an example of a multi- family Rezone where a variation of zero lot line homes was built. An additional explanation of zero lot line development was explained along with a review of the existing conditions in the neighborhood. It was pointed out that the Newton's Addition which is to the southwest of the site and west of Road 34 has a density of around five units per acre which was approved. The applicants' proposal is for four units per acre. Mr. McDonald suggested that if the zero lot line concept was approved there should be conditions attached which limit one unit per lot and the homes should be required to have architectural features to give an individual look to each dwelling. Paul Christensen, 4121 W. Nixon, representing the applicant was present to speak in favor of the Rezone. The applicant plans to maintain the of 8,000 square foot density however they would like to develop 22 lots instead of 21. They want each unit to have different facades to make the homes -5 - architecturally appealing. They came in with the Comprehensive Plan Amendment earlier and found that if they went through the Comprehensive Plan change it would allow for 48 lots on that property and that is not what was intended so they withdrew their application. Commissioner Gemig questioned what is the difference of a zero lot home and a duplex? Mr. Christensen stated a duplex is built on a single lot and maintained under a single ownership. A zero lot line home sits on its own lot and can be owned individually. Commissioner Gemig questioned if they would be connected. Mr. Christensen stated yes however they are different than a row of townhouses. The zero lot line homes have larger side yards. Vice-Chairwoman Kempf opened the Public Hearing. Richard McReynolds, 2220 Road 34, stated he resides next to the proposed development and has attended previous Planning Commission and City Council meetings. He is opposed to increasing the density in the area which would lower his property value. He would like to see more expensive homes with large lots versus what is proposed. He presented a letter from Barbara Lombard who also is opposed to the development. Lynn Hall, 2216 Road 33, stated he resides close to the proposed development and mentioned a Special Permit application for a church in the neighborhood and there has been no improvement made to the property. He was not in favor of having duplexes in the area. He would like to see bigger lots with bigger houses. He mentioned the sound barrier and was concerned it would only be a large berm of dirt. Commissioner Gemig asked if the Rezone was mainly for the zero lot line factor. Mr. McDonald stated yes. Commissioner Gemig stated the density is not changing only the lots. Mr. McDonald stated the density is not changing and they are developing 21 lots. Commissioner Gemig asked why they were rezoning the site. -6 - Mr. McDonald stated under the R-1 Zone setbacks are required and under the R-2 Zone zero lot lines are permitted. Mr. McDonald also explained how the sound wall needed to be constructed. Mr. Christensen referred to the comments regarding the density and stated they would match the current density in the area. Vice-Chairwoman Kempf mentioned the concern regarding rental properties. Mr. Christensen stated any home in the community could be a rental property. They are hoping for an owner to purchase two units and live in one and rent the other one. Mr. McReynolds stated he would like to see a requirement for a larger lot. Mr. Hall stated he was concerned about rentals. Commissioner Greenaway questioned Mr. Christensen's intent to sell or build for rental properties. Mr. Christensen stated Mr. Pham has many rental properties and with the zero lot lines purchasers have shown interest in purchasing both sides where they would reside on one side and rent the other. Mr. McReynolds wants an agreement from the developer that they would not be rentals. Mr. McDonald stated they cannot make such an agreement. Commissioner Lukins moved, seconded by Commissioner Greenaway, 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 April 28, 2011 meeting. The motion passed unanimously. B. 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) Vice-Chairwoman Kempf read the master file number and asked for comments from staff. Shane O'Neill stated this item was continued from last month to allow for modifications to the application. The original request was to add hog fuel wood chipping production to the site. Upon researching the matter it was discovered the original Special Permit involving concrete crushing expired last year. The -7 - application was modified and a new notice was sent out. Mr. O'Neill discussed the surrounding land uses and current activities taking place on the site. The Comprehensive Plan has the site designated for industrial uses. Mr. O'Neill reviewed the recommended conditions from the report for the benefit the Planning Commission and applicant. It was also mentioned that there had been no complaints regarding the concrete crushing facility since the original Special Permit was issued in 1998. Jack Finch, 3507 W. 36th Loop, representing Poland & Sons, stated they are a good neighbor and would like to add hog fuel to their recycling process. He mentioned that during construction of the overpass, they were told curb, gutter, sidewalk and landscaping would to be installed as well as lowering the existing sewer line and that never happened. He asked for direction as far as what type of trees were allowed and if xeriscape landscaping would be acceptable. Following a brief discussion about landscaping Vice-Chairwoman Kempf opened the Public Hearing. After three calls and no response, the Public Hearing was closed. Commissioner Hay asked the applicant if he had any concerns with the recommended approval conditions. Mr. Finch stated no. The approval conditions are similar to what already exist. Commissioner Greenaway moved, seconded by Commissioner Hay, to close the hearing on the proposed resource recovery facility expansion and permit renewal and initiate deliberations and schedule adoption of Findings of Fact, Conclusions and a recommendation to the City Council for the April 28, 2011 meeting. The motion passed unanimously. C. Special Permit Child daycare center in a R-1 (Low Density_ Residential) Zone (345 N. Wehe & 1604 E. Broadway Street) (Elodia Gutierrez) (MF# SP 2011-004) Vice-Chairwoman Kempf read the master file number and stated the applicant has withdrawn their request for a Special Permit. D. Special Permit Location of a church in a R-2 (Medium Density Residential) Zone (316 N. 112th Avenue) (Mario Rivera) (MF# SP 2011-005) -8 - Vice-Chairwoman Kempf read the master file number and asked for comments from staff. Shane O'Neill, Planner I, stated the application was for the re-establishment of a church on a site which was originally developed as a church. Mr. O'Neill reviewed the written report for the benefit of the Planning Commission. Mario Rivera, 5814 Ochoco Lane, stated he purchased the church in February 2010 and was under the impression the Special Permit would automatically transfer to his church. When he received a notice from Code Enforcement he quickly came in to resolve the issue. They are using the facility for religious purposes for the Spanish speaking community. Vice-Chairwoman Kempf opened the Public Hearing, after three calls and no response the Public Hearing was closed. Commissioner Hay moved, seconded by Commissioner Gemig, to close the hearing on the proposed church and initiate deliberations and schedule adoption of Findings of Fact, Conclusions and a recommendation to the City Council for the April 28, 2011 meeting. The motion passed unanimously. E. Preliminary Plat Preliminary Plat approval for an 11-lot subdivision located at 1621 Road 60 (Basswood, LLC) (MF# PP 2011-001) Vice-Chairwoman Kempf read the master file number and asked for comments from staff. Jeffrey Adams, Associate Planner, stated the application was for review of a proposed 11-lot subdivision. The site location on Road 80 was discussed as well as other items contained within the written report. The average lot size proposed was 13,000 square feet. As the result of receiving comments from the School District about classroom capacity a Mitigated Determination of Non-Significance (MDNS) was issued. Mr. Adams reviewed a School District letter that explained the capacity at Ruth Livingston Elementary was 500 students and the October 2010 enrollment was 800. McLaughlin Middle School has a 1000 student capacity and 1480 enrolled, and Chiawana High School 2,200 student capacity and current enrollment just over 2,000. As a result the School District requested that as a condition of Plat approval the applicant should sign a voluntary agreement under which the applicant would pay $6,012 per Building Permit to mitigate the impact the subdivision will have on schools. -9 - Vice-Chairwoman Kempf asked if this language will be included in new Plats coming in regarding education and will it be standard or is it just for this area. Mr. Adams stated this is a new development within the School District and the Districts intent is to include it in all future subdivisions. Commissioner Lukins questioned staff if it was appropriate to discuss impact fees or if was a legislative decision for the City. Rick White, Community 8s Economic Development Director, stated this is the appropriate decision point as it is relates to the Plat. The City does not have impact fees for school facilities presently. The School District, as a provider of an important community service, receives referrals about developments. The District has indicated that due to enrollment overcapacity the District needs to require mitigation for developments that will produce new impacts on the school system. They are requesting the mitigation through the SEPA process and through RCW 58.17 which requires cities or counties to make findings that appropriate public facilities are available to serve new development. Gene Batey, 9800 W. Maple Drive, stated the Commission might be as shocked as he was regarding the impact fee. Mr. Batey explained he started this process a few months ago and has been to the City, as well as reviewed the website, to assess the fees involved to complete a subdivision. Nowhere on the website or in asking the City was he told about the fee. Mr. Batey followed with some additional comments about the impact of the fee on his proposed development. Vice-Chairwoman Kempf opened the Public Hearing. Jeff Lynch, 3507 W. 36th Loop, a board member of the Tri-Cities Homebuilders Association stated the impact fees were unfair and he was unaware of the fee until this meeting. If you own a home in Pasco and want to upgrade to this subdivision, you have already paid school fees for 30 years and now you have to pay $6,000 just to buy a new home. It does not wash. The Homebuilders Association has contributed 10% of the goal for the Pasco School District to get the broad based levy passed. John Morgan, 425 Road 37, Executive Director of the Pasco School District, stated he visited with Mr. Batey on two different occasions and understands his concerns. Mr. Morgan explained the Pasco School District has experienced 71% growth since the year 2000. The District is adding 600 new students per year or one new elementary school per year. The Pasco School District is the fastest growing school district in the state of Washington. Mr. Morgan explained the problems the District is experiencing in trying to cope with the growth. He further explained state law requires the City and County to ensure there are adequate provisions for schools before the approval of any subdivision Plats or multi-housing developments. State law requires new _10 - developments mitigate the impacts it has on the built environment which includes schools. It can be satisfied three ways, 1) the developments can be denied, 2) proposed developments can be approved subject to conditions that require the mitigation of the impact, 3) cities or counties can implement what is known as an impact fee. Mr. Morgan also explained the District is pursuing a bond measure to build new schools. Julie Woodbury, 1817 Road 80, stated she purchased her home in the fall of 2009 with intent to subdivide their 5-acre lot. The impact fees proposed would throw a wrench in her future plans. She pays over $5,000 in property taxes and a significant amount of that goes to the School District. Ms. Woodbury also mentioned the cost of extending utilities and the impact of the school fee on same subdivisions. Bill Hanson, 1600 Road 80, stated he resides across the street and loves the sizes of the proposed lots. He was concerned about dust control from the new development and the "V" (swale) for storm water. The new swales on Court Street are the biggest mosquito nest he ever had. Lynn Hall, 2216 Road 33, stated the School District mentioned a fee for this applicant and did not mention a fee for the previous applicant who would involve twice the number of kids for Mark Twain Elementary School. The City and the School District spend money and are not being careful about spending. There are schools that are not full to capacity, such as Captain Gray with a low density of students. The School District is padding their report to support their demand for supporting schools. He does not agree that they should assess every little subdivision for this extra money to build a new school. Commissioner Lukins asked if the School District had authority to impose a fee and they have asked County Commissioner and City Council to approve a fee. Mr. White stated that is correct. Commissioner Lukins stated the fee has been proposed and not yet finalized. Roger Lenk, 1817 Road 76, stated neighbors along Roads 72, 76, and 80 and other adjoining streets are concerned about the method of development. The new subdivisions are encapsulated into compact cul-de-sacs which provide ingress and egress from a single point of the road. Mr. Lenk discussed traffic safety, subdivision design, safety of school children, sidewalks, substandard streets in the neighborhood, the poor drainage swales on Court Street and other issues. Mr. Lenk recommended against approval of the Preliminary Plat. David Meyers, 1621 Road 80, stated he is trying to sell his house and the lot is too large and won't sell as one piece. Mr. Lenk raised concerns, there are water, sewer, irrigation utilities in place, and walks 300 feet to catch the bus. -11 - There is adequate access to schools and finds that the $6,000 proposal is obscene and ridiculous. It is not in effect yet and putting it in as a condition is a bit premature. Mr. Morgan stated he did not pad any of their enrollment figures. In the report it states the Captain Gray Early Learning Center is not at capacity at this time. That freed up 12 classrooms that were already filled at city schools by refurbishing it into an early learning center. Mr. Batey spoke again about the school fees, portable classrooms being added to many of the schools and the upcoming bond measure. He was concerned about the imposition of the fee without making the public aware of it. Commissioner Lukins stated the fee is not a requirement right now and Mr. Morgan sent the letter to the City asking them to impose impact fees. Mr. Lukins explained the Planning Commission has no say in the fee; that is the Councils responsibility. Mr. White stated he did not want the applicant to leave with the wrong impression. The fee is not in place right now and if you have an existing lot, such as the comment made earlier regarding the Rezone the Commission considered, it does not apply to the Rezone because they are not platting. An existing lot does not pay anything and will not come in front of the Commission because building a single home is exempt from SEPA and from platting requirements. The School District has chosen to use the SEPA process and the findings in state law to identify that mitigation is needed. So even though there is not an impact fee Ordinance in place, they are asking the Planning Commission, Council and the Franklin County Planning Commission to approve mitigation in the form of a fee per lot. It won't be stricken from the record just because there is not an existing impact fee. Dennis Poland, 199864 E. Gamefarm Road, Kennewick, stated it is ironic that the Commission and City Council wanted growth and they did everything they could to bring growth and now they want money. He is not saying stop growth, they just need money. He discussed the closing of schools in Las Vegas and the Hanford economy of the area. He is in favor of approving the Plat however he did not feel taxing (the fee) should occur and it should be stricken. Commissioner Greenaway stated her husband knows the owner of this lot and has never met the owner personally and would recuse herself if requested. Vice-Chairwoman Kempf noted there were no requests. Mr. White stated this is an unusual circumstance and if it makes the Commission feel comfortable they may continue the Public Hearing to consider any additional information. -12 - Commissioner Hay stated he is in favor of continuing the hearing since he is not satisfied with the $6,000 impact fee per lot. Commissioner Gemig asked if they were approving the fee if they approve the Plat. Mr. White stated they are not approving anything tonight, however continuing the hearing will allow the applicant to discuss and provide additional information to consider. Commissioner Lukins stated it is noted that tentative Plat approval condition #18 is to actually agree to approve the impact fee. Commissioner Greenaway moved, seconded by Commissioner Gemig, to continue the Public Hearing to the April Planning Commission meeting. The motion passed unanimously. Commissioner Lukins asked staff for comparison data where other cities who have experienced growth similar to the City of Pasco. Mr. White stated the Association of Washington Cities has information readily available however an analysis of an impact fee would be difficult. Commissioner Lukins called for other situations such as lessons learned from other cities. Mr. White stated there is a lot of information out there and staff will try. OTHER BUSINESS: Mr. White reminded the Commission that the regular Planning Commission meeting for April will be held a week later due to the Recognition Dinner being held on April 21. Mr. White also stated a Plan done by the Rivers to Ridges Open Space Network and has been distributed to City Council. At the March 28th City Council workshop this group formerly known as the Tapteal Greenway Association in Richland will make a presentation identifying and outlining the high points of their two county Open Space Plan and series of recommendations. It took place with the National Park Service and has been developed over the course of approximately four years. The Planning Commission may be tasked with seeing if there are measures within the Plan that would be appropriate with the City of Pasco. -13 - With no further business, the Planning Commission was adjourned at 9:10 p.m. David McDonald, Secretary -14 -