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HomeMy WebLinkAbout02-24-2011 Planning Commission Minutes REGULAR MEETING February 24, 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 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: 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 January 20, 2011 minutes. The motion was seconded by Commissioner Gemig. The motion passed unanimously. -1 - OLD BUSINESS: A. Rezone Rezone four parcels from RT (Residential Transition) to C-1 (Retail Business) Zone (Northeast corner of "A" Street and Heritage Boulevard) (Howard Rowell) (MF# Z 10-004) Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, had no further comments. Commissioner Greenaway moved, seconded by Commissioner Kempf, to adopt the Findings of Fact and Conclusions therefrom as contained in the February 17, 2011 staff report. The motion passed unanimously. Commissioner Greenaway further moved, seconded by Commissioner Kempf, based on the Findings of Fact 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: Chairman Cruz read the master file number and asked for comments from staff. A. Special Permit Expand and continue resource recovery_ operation in a 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. Shane O'Neill, Planner I, stated upon researching this item it appears the original special permit for the concrete crushing facility expired last year. The application also needs to include the renewal of the existing permit as well as the addition of the hog fuel operation. Staff asked for the item to be continued to the March meeting. Chairman Cruz opened the public hearing. After three calls for public comment, the public hearing was closed. Commissioner Hay moved, seconded by Commissioner Kempf, to continue the public hearing to March 17, 2011. The motion passed unanimously. -2 - B. Special Permit Agricultural uses in a RS-20 (Residential Suburban) Zone (the 2000 block of Road 72) (Philipp W. Schmitt) (MF# SP 2011-002) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, explained that the applicant in this case was seeking a Special Permit to farm 18 acres of vacant land directly north of the Faith Assembly Church on Road 72. The proposal involves the planting and growing of row crops, certain cereal grains and the winter pasturing of cattle. Mr. McDonald reviewed the written report and discussed the fact that farming does occur in the city in and near residential neighborhoods. The existence of these farms has not negatively impact the value of residential properties. Concerns over dust, noise, cereal grains and the winter pasturing of livestock were also discussed. Mr. McDonald responded to a packet of information submitted to the Planning Commission by Roger Lenk, a property owner who lives on Road 76. Chairman Cruz opened the hearing and asked for comments from the public. Philipp Schmitt, 1523 "A" Fowler Street, Richland stated he has applied to farm an 18.5 acre parcel at the corner of Wernett Road and Road 72. Mr. Schmitt explained that he planned to grow short season produce and sell the produce at local farmers' markets or area grocery stores. His plan for winter wheat was to use it only as a cover crop. Mr. Schmitt asked to have corn included in the list of permitted crops and to have the approval date in condition number 12 be modified in the event the approval process does not occur in time to plant this year. Larry Gomez, 2105 Road 72, was concerned about dust control, noise and the smell of fertilizer. Mr. Gomez also expressed concern over the traffic generated by the Faith Assembly Church. Jessie Roger, 7309 Wernett, stated he lives directly north of the proposed farm field. Mr. Roger explained the problems the neighborhood has had with traffic on Road 76 and the cattle that one of the neighbors brings in from Oregon on a regular basis. Roger Lenk, 1817 Road 76, stated he would explain why the application was not permitted under the code, how the application would be detrimental to the suburban environment then he would summarize the position of the neighbors regarding the proposal. Mr. Lenk explained that he felt the Code required each individual parcel to be over ten acres and that two nine acre parcels did not qualify for an application. Mr. Lenk explained that development of the property for housing was not practical for economic reasons, the applicants farming -3 - practices have been detrimental to the neighborhood and the Council findings from the corn maze hearing concluded farming activities have a high probability to become a nuisance to the neighborhood. Mr. Lenk also discussed the problems associated with the cattle at the southeast corner of Road 76 and Wernett Road. Based on the information he submitted, Mr. Lenk stated the Planning commission should not recommend approval of a farm under Master file # SP2011-002. Chairman Cruz asked Mr. McDonald if he had any other comments. Mr. McDonald stated that Resolution 3205 (referred to by Mr. Lenk) related mostly to the corn maze and the references to a farm where added by Mr. Lenk. Item number three in the resolution mentions a corn maze, fall festival and commercial operation. Chairman Cruz agreed with Mr. McDonald's comments that the characterization is based on the corn maze and traffic and to a lesser extent the farm. A lot of the focus at the last hearing was on the noise, traffic and party atmosphere associated with the corn maze. John Scheline, 1908 Road 72 was sworn in. Mr. Scheline stated he was the Executive Pastor of Faith Assembly and the closest neighbor to the proposed farm. Mr. Scheline pointed out that Mr. Lenk has a pile of brush and garbage on his property that is about six feet tall. Last year the lead pastor for the church spoke to Mr. Lenk and that Mr. Lenk was not opposed to farming he was opposed to the corn maze. Mr. Scheline provided some history about the Faith Assembly Church and stated they wanted to be a good neighbor. Mr. Scheline has lived on Road 72 for eight years and supports the farming operation. He also felt the recommended conditions were acceptable. Janet Johnson, 2104 Road 68, was sworn in. Ms. Johnson was opposed to the farm. Jesse Rogers, 7309 Wernett, was concerned about what would be required for sanitation. Roger Lenk, 1817 Road, stated his property is the finest on the street and there is not trash on the lot. Phil Schmitt, 1523 "A" Fowler Street, Richland, stated when he applied for the corn maze last year he had no idea farming was not permitted on the property -4 - until he received notices form the City. Mr. Schmitt provided some historical background on last year's activities to obtain a special permit for a corn maze and addressed some of Mr. Lenk's comments. He stated there has never been an investigation into any of his farm activities by the State. Mr. Schmitt cautioned the Planning Commission to take the time to determine what is true and what is not with respect to Mr. Lenk's packet. Mr. Schmitt then provided some background on bee colony collapse. Following three calls for testimony the Chairman closed the hearing. Commissioner Gemig stated she thought Mr. Schmitt's request for modification of the recommended approval conditions were acceptable. Specifically the allowance of field corn, the cattle limit of one per acre and an adjustment of the approval time frame in number 12. Commission Hay stated he sees four different areas on the overhead that looks like areas that are being farmed on Road 68 and several areas on Road 72. Mr. Hay wanted to know what kind of farming was occurring in these areas. To him it looks like farming is already occurring in the area. Commissioner Cruz stated we have anything from small hobby farm of a couple acres to whole circles within the city being farmed. Mr. McDonald stated there are a number of small farms throughout all of West Pasco. The rows Mr. Hay was referring are commercial vineyards. The property directly north of Mr. Lenk's house contains a new vineyard that was not there a few years ago. Commissioner Gemig stated that the conditions should also allow the storage of six small farm implements on the property. Commissioner Kempf was not in favor of including corn in condition number 6. Chairman Cruz stated the Commission needed to be careful to separate the farming proposal from the church activities. The Chairman stated he felt they had enough information to recommend a permit for the farm with appropriate conditions. The Chairman was in favor of adding corn to the list of crops and limiting the number of cattle per acre and months of the year. Fencing also needs to be addressed. Commission Greenaway was in favor of permitting the farm for three years with a two year extension. Commissioner Gemig was also in favor of allowing the permit for three years with a two year extension. -5 - Commissioner Hay also supported the three year permit with a two year extension. Chairman Cruz agreed the initial capital outlay may warrant a three year initial permit with the two year extension. Mr. McDonald then recapped the discussion by stating the initial permit was to be for three years with a two year extension for a total of 5 years. After 5 years the applicant would be required to submit a new application. Cattle are to be limited to one per acre from November to march only. Substantial fencing is required. Following additional discussion, corn was added to the list of allowable crops. Commissioner Gemig stated farm equipment should be permitted on site because it will lessen traffic on the roads due to the fact the equipment will not have to be ferried back and forth to the site. The Chairman stated he would be in favor of allowing seven small implements to be parked on the property and the implements should be prohibited from turning on the road when in use. The general consensus of the Commission was that sanitation facilities need to be on site when workers were present. Commissioner Hay moved, seconded by Commissioner Greenaway, to close the hearing on the proposed farm and schedule deliberations, adoption of findings of fact, conclusions and a recommendation to the City Council for the March 17, 2011 meeting. The motion passed unanimously. C. Special Permit Location of a church in a C-3 (General Business) Zone (3330 W. Court Street) (Troy Jeff Woods) (MF# SP 11-001) Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, explained that the application involved the location of a church in a tenant space in a C-3 zone at 3330 W Court Street. Mr. O'Neill reviewed the written report and discussed the site layout, location of the tenant space and parking. Chairman Cruz opened the hearing and asked for comments from the public. Jeff Woods, 3109 S. Everett Place, Kennewick stated he was a licensed minister for the United Pentecostal Church and would like to build a church at the proposed location. He felt his church would be a blessing to the area. -6 - Chairman Cruz asked Mr. Woods if he had any concerns with the recommended approval conditions. Mr. Woods stated he did not. Following three calls for testimony the Chairman closed the hearing. Commissioner Gemig moved, seconded by Commissioner Kempf, 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 March 17, 2011 meeting. The motion passed unanimously. D. 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) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community and Economic Development Director explained that the proposal involved the rezone of a parcel a 624 West Lewis Street from C-1 to C-3. The intended use for the site is that of auto sales. Late last year the applicant applied for a Special Permit to allow auto sales on the property. The Special Permit was not an option available due to the fact a car lots exists on the adjoining parcel. The applicant then applied for a rezone. Mr. White reviewed the written report for the benefit of the Planning Commission. Chairman Cruz opened the hearing and asked for comments from the public. Shane Fast, 3109 W 46th, Kennewick, was present to speak in favor of the rezone. Mr. Fast explained the surrounding zoning and pointed out there was a car lot to the east of his lot. Mr. Fast also indicated the previous owner of his building had a dealer's license to sell car. Mr. Fast felt the strict application of the zoning code was depriving him of his rights that are enjoyed by adjacent property owners. Teresa Orosco Day, 915 S. Dawes Ct., Kennewick stated she was the former owner of the property and that she had received licenses to sell cars on the property. When she sold the property to Mr. Fast she encouraged him to get a dealer's license and also sell cars. Following three calls for testimony the Chairman closed the hearing. Commissioner Gemig asked if the property was zoned correctly how did cars sales occur in the past and if the owners did have cars sales in the past how can they not be allow to now? -7 - Mr. White stated he did not know how car sales occurred on the property in the past but sales are not permitted now because the zoning does not allow it. Chairman Cruz stated he was struggling with the application and he would e inclined to not agree with staff's interpretation. Mr. White indicated the information was new to staff and at this point it may be best to allow staff to research the matter and comeback to the Commission with a better explanation of what has happened in the past. Commission Gemig moved seconded by Commissioner Greenaway that the matter be continued to the March 17, 2011 meeting to allow time for additional research to be brought back to the Planning Commission. Commissioner Gemig 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 March 17, 2011 meeting. The motion passed unanimously. E. Rezone Rezone from RT (Residential Transition) to C-1 (Retail Business) (Southeast corner of Wrigley Drive and Clemente Lane) (Lee Eickmeyer) (MF# Z 2011-002) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community and Economic Development Director, identified the location of the proposed rezone and reviewed the written report of the benefit of the Planning Commission. Mr. White explained that considerable investment has been made in surrounding infrastructure to allow for additional commercial and retail development in the area. The proposed zoning would permit development that is identical other commercial development in the area. Chairman Cruz opened the hearing and asked for comments from the public. Randy Mullen, 220 Carr Road, was present to support the rezone request. He stated there has been some interest in development of the land and when he and the other owners discovered the site was not zoned as the remainder of their land to the south they applied for the rezone. Following three calls for testimony the Chairman closed the hearing. Commissioner Greenaway moved, seconded by Commissioner Kempf, 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 March 17, 2011 meeting. The motion passed unanimously. -8 - OTHER BUSINESS: With no further business, the Planning Commission was adjourned at 9:44 p.m. David McDonald, Secretary -9 -