HomeMy WebLinkAbout09-21-2008 Planning Commission Meeting Packet PLANNING COMMISSION - AGENDA
REGULAR MEETING 7:00 P.M. September 18, 2008
I. CALL TO ORDER:
II. ROLL CALL: Declaration of Quorum
III. APPROVAL OF MINUTES: Dated August 21, 2008
IV. OLD BUSINESS:
A. Special Permit Location of a New Middle School at the SW corner of Rd 52
8s Power Line Rd (Pasco School District) (MF# SP 08-0071
B.. Rezone C-1 (Retail Business) to B-P (Business Park) (Rod
McClaskey) (2701 W Court) (MF# Z 08-002)
V. PUBLIC HEARINGS:
A. Rezone C-3 (General Business) to R-3 (Medium Density
Residential) Beacon Development) (800 Block of N. Wehe
Ave..) (MF# Z 08-004)
B. Code Amendment Critical Areas Ordinance (City of Pasco) (MF# CA 08-003)
VI. WORKSHOP:
VII. OTHER BUSINESS:
VIII. ADJOURNMENT:
REGULAR MEETING August 20, 2009
PLANNING COMMISSION MEETING
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Chairman Todd Samuel.
POSITION MEMBERS PRESENT MEMBERS ABSENT
No. 1 Todd Samuel, Chairman
No. 2 James Hay
No. 3 Andy Anderson
No. 4 David Little
No. 5 Joe Cruz
No. 6 Ray Rose
No. 7 Tony Schouviller
No. 8 Jana Kempf
No. 9 Carlos Perez
APPEARANCE OF FAIRNESS:
Chairman Samuel read a statement about the appearance of fairness for
hearings on land use matters. Chairman Samuel asked if any Commission
member had anything to declare. Commissioner Little recused himself from the
Special Permit Application for the expansion of a College/Technical School in a
C-1 Zone (MF# SP09-006) and the Special Permit for the location of a Corn
Maze/Farm in a R-S-20 Zone (MF#SP09-007). Commissioner Anderson recused
himself from all old business items (MF#'s SP 09-005, SP 09-006 & SP 09-007)
on the agenda due to his absence at the July 16, 2009 meeting.
Chairman Samuel then asked the audience if there were any objections based
on a conflict of interest or appearance of fairness questions regarding the items
to be discussed this evening. There were no objections.
Chairman Samuel asked the audience if there were objections to any
Commissioner hearing any matter. There were no objections.
ADMINISTERING THE OATH:
Chairman Samuel explained that state law requires testimony in quasi-judicial
hearings such as held by the Planning Commission be given under oath or
affirmation. Chairman Samuel swore in all those desiring to speak.
-1 -
APPROVAL OF MINUTES:
Commissioner Little moved, seconded by Commissioner Hay, that the minutes
dated July 16, 2009 be approved as mailed. The Motion carried unanimously.
OLD BUSINESS:
A. SPECIAL PERMIT Location of a Community Service Facility in a
C-1 Zone (3901 W. Court Street) (Planned
Parenthood) (MF# SP09-005)
Chairman Samuel read the master file number and stated that a public hearing
was held on June 18th, 2009; followed by deliberations on Julyl6, 2009. The
deliberations were delayed for further preparation of the findings of fact.
Chairman Samuel then poled the Commission to determine eligibility to vote on
the matter. Commissioners' Hay, Schouviller, Little, and Samuel were eligible to
vote on this item. Commissioner Rose and Perez were ineligible to vote due to
the fact they were not present at the June 18 meeting. Commissioner Anderson
earlier stated he would not be voting on the matter because he was also not
present for the June hearing. Chairman Samuel explained five commissioners
are required for a quorum and that the item had to be tabled until the next
meeting on September 17, 2009. Following those remarks staff was asked for
comments.
Rick White, Community 8s Economic Development Director stated Pasco uses
the Open Record Hearing Land Use Process. The public hearing occurred on
June 18, 2009 and deliberations were held on July 16. The time frame for public
comment is held during the public hearing and once the open public hearing is
closed, no further testimony can be considered, and new evidence cannot be
submitted. Without a majority of the Commission that were present at the
hearing on June 18th a decision recommendation cannot be made to City
Council.
Chairman Samuel asked for any objections from the Commissioners to tabling
the matter until September 17th. No objections were made. The matter was
then tabled until the September 17, 2009 meeting
B. SPECIAL PERMIT Expansion of a College/Technical School in a
C-1 Zone (5278 Outlet Drive) (Charter College)
(MF# SP09-006)
Chairman Samuel read the master file number and asked for comments from
staff.
Staff stated there were no additional comments on this item.
-2 -
Commissioner Hay, seconded by Commissioner Schouviller, moved to adopt the
findings of fact and conclusions therefrom as contained in the August 20, 2009
staff report. The motion passed unanimously.
Commissioner Hay moved seconded by Commissioner Schouviller, based on the
adopted findings of fact and conclusions the Planning Commission recommend
the City Council grant a special permit to Charter College for the expansion of
the existing college/technical school with conditions as contained in the August
20, 2009 staff report. The motion passed unanimously.
C. SPECIAL PERMIT Location of a Corn Maze/Farm in a R-S-20
Zone (2000 Block of Road 76) (Philipp
Schmitt/Haywire Farms) (MF# SP09-007)
Chairman Samuel read the master file number and asked for comments from
staff.
Staff stated the item was discussed in a public hearing on July 16, 2009. Staff
has prepared a list of possible findings of fact and a recommendation to forward
to City Council. Between the time the report was mailed to the Commissioners'
and this hearing, the applicant met with staff and expressed concern about the
findings of fact. The applicant did not believe the findings were factual. After
further review staff made some slight modifications to findings lists as #7, #18,
#23, #25, #28.
Commissioner Schouviller stated he was in favor of a conditional special permit
for one year. He further stated there was ample parking and family activities
should be considered versus noise and traffic issues.
Commissioner Perez was concerned about the need for extra law enforcement
services and the cost to the City.
Staff stated there was a reference made during the hearing by the applicant that
he would work with the police and request extra patrols. Staff pointed out
businesses do not get extra patrols due to busy shopping times. Concentrating
patrols for the corn maze would remove officers from other parts of the
community and could cause the city to pay overtime for calling in additional
officers to cover other parts of the community.
Chairman Samuel stated the City does need family activities like this; however
the location is not good. There are too many homes surrounding the site, the
roads are narrow, lights at night, music at night are several reasons why he
believes this is not the appropriate location.
Commissioner Hay agreed with Commissioner Schouviller and was in favor of
the special permit on a one year conditional permit. He further stated he was
unaware of other events that happen at this church.
-3 -
Staff reminded the Commissioners that if they were leaning towards
recommending approval the findings would need to be modified to have a
supportable recommendation for the City Council.
Commissioner Rose is in favor of the one year conditional permit.
Commissioner Perez was not in favor of the one year conditional permit.
The item was tabled until the September 17, 2009 meeting.
PUBLIC HEARINGS:
A. REZONE Rezone from C-1 to R-1 (1300 Block of Road
36) (St. Martin) (MF# Z09-005(
Chairman Samuel read the master file number and asked for comments from
staff.
Staff explained the applicant had applied to rezone the property in question from
C-1 to R-1. Staff discussed the site location and reviewed surrounding zoning
and land uses along with other information contained in the written staff report.
Chairman Samuel opened the public hearing, after three calls and no response,
the public hearing was closed.
Commissioner Hay asked staff if they have received any correspondence or
comments from surrounding neighbors.
Staff stated no.
Commissioner Rose moved, seconded by Commissioner Anderson, 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
September 17, 2009 meeting. The motion passed unanimously
B. CODE AMENDMENT PMC 25.58 I-182 Corridor Overlay District
(City of Pasco) (MF# CA09-001(
Chairman Samuel read the master file number and asked for comments from
staff.
Staff stated this item was discussed at the July 17th workshop. The background
and some of the requirements of the I-182 Overlay district were briefly
discussed. Staff explained that while there were enhanced development
standards for permanent businesses in the I-182 area temporary businesses
operate in the same area with minimal standards. The proposed code
-4 -
amendments would address the concerns of temporary business setting up for
business in a haphazard fashion with outdoor storage and in areas that create
hazards for pedestrians and distractions for motorists. The proposal also creates
a definition for a temporary business.
Staff further explained that the legal description for the I-182 area needed to be
reviewed and that the proposal would need to come back to the Commission
before action could be taken on it.
Commissioner Little asked staff about on temporary car sales events.
Staff stated they would be allowed at facilities that are permitted for special
events as such TRAC.
Commissioner Little was concerned about whether or not the recommended 25
feet setback distance from public streets and traffic was sufficient for safety.
Staff agreed this item would be reviewed further.
Chairman Samuel asked staff if there were any comments or complaints
received about this issue.
Staff stated the complaints received have mainly concerned the outdoor storage
of items and the unsightliness caused by such items.
Chairman Samuel stated the proposed language does not prohibit mobile
vendors from locating in the 1-182 area, however gives a standard for this area.
Chairman Samuel stated that it was his understanding that businesses have the
choice to locate in this area of town with restrictions or locate to another part of
town with different restrictions.
Staff stated yes that was correct.
Chairman Samuel opened the public hearing, after three calls and no response,
the public hearing was closed.
Commissioner Rose asked if the proposal would address the parking lots for the
baseball field and the soccer complex.
Staff stated the proposal addresses business parking lot use.
Commissioner Anderson moved, seconded by Commissioner Schouviller to table
and to postpone action on the proposed code amendment until staff completed
revisions.
Staff stated this item nay be ready for Planning Commission action in the
October meeting.
-5 -
WORKSHOP:
A. CODE AMENDMENT PMC 25.78.030 (4) and PMC 25.78.140 RV
Parking in residential zones (City of Pasco(
(MF# CA09-002)
Mr. O'Neill stated staff was working on a code amendment designed to provide
flexibility in suburban zones for RV parking particularly in areas of the city that
were originally developed in the county. This matter was on the agenda to inform
the Planning Commission of the work that was being done and for the purpose
of getting comments from the Commission.
Chairman Samuel asked what current regulations were in place.
Staff stated the current code allows for parking in the public right-of-way for 48-
72 hours for loading/unloading. In Suburban districts RV's are to be stored in
side yard or rear yards. The R-1 district permits storage in front yard areas on
an approved parking surface. The code also allows parking in the driveways for
7-10 days for RV use by quests.
Commissioner Anderson asked if a concrete pad could be poured in the front of
a picture window in a R-1 zone. He further stated he would like more specific
language for front yards.
Mr. White stated dimensions for parking pads and front yard usage were being
reviewed by staff.
Commissioner Rose stated the size of RV's should be addressed.
Mr. White clarified parking in the public right-of-way was not currently being
addressed. The code prohibits long term storage in streets; however, there is a
minor provision for temporary use of the street.
Commissioner Rose further stated storing huge RV's on the side of houses is
unsightly.
Commissioner Little asked how the issue of a property owner with more than
one RV would be addressed.
Staff stated they would look into that.
Commissioner Little asked if there were different regulations for commercial
trucks parking in the street.
Mr. McDonald stated vehicles cannot park in a street for longer than 72 hours.
Trucks in excess of 14,000 pounds gross weight are not permitted to park
anywhere on or off a street in a residential zoning district.
Chairman Samuel asked about RV parking surfaces.
-6 -
Mr. McDonald stated RV's need to be stored on all weather surfaces.
Chairman Samuel questioned the location of parking.
Mr. McDonald stated the matter was under review; current suburban zoning
states RV storage must be behind the front yard setback which is 25 feet.
Commissioner Anderson mentioned planned development areas with higher
densities should be addressed, separately.
Chairman Samuel asked if complaints have been received on this issue.
Mr. McDonald has heard complaints from residents that are upset by the
neighbor down the street that has a camper or boat parked in the front yard,
and he has also heard from residents that don't appreciate the regulations
because they make it difficult for them to store RV equipment in their yards.
Staff was to return with additional information for the Planning Commission at a
later date.
OTHER BUSINESS:
Mr. White advised the Commission of the current building permits issued this
year, stating the value of commercial construction was about the same as last
year. The new City water treatment plant on Court Street was under
construction. Memorial Pool would be undergoing a several million dollar
renovation. The Syngenta Seed Plant is now operating which consists of a
building valued at $10 million dollars with approximately $40 million dollars of
equipment. The Chiawana High School has received their certificate of
occupancy and the dedication will occur in October.
Commissioner Anderson asked whether or not there was much interest in the
community from commercial businesses.
Mr. White stated not many at this time. At the moment it is difficult to arrange
financing for commercial enterprises.
Chairman Samuel asked if there were any plans for buildings or production at
the Heritage Industrial Park.
Mr. White stated the property is zoned for industrial uses and is very high on
the BNSF railroads list for projects. At present, the Port of Pasco, in conjunction
with the City, Franklin County, and TRIDEC are installing a main rail line
switch in the area. The extension of the track will cost about $1.5 million. This
will hopefully be funded under a federal economic development grant program.
BNSF is working to attract businesses to the area that need rail access.
Chairman Samuel asked about the status of the Port of Pasco riverfront plan.
-7 -
Mr. White stated they have unveiled a design for the first building but no
construction is occurring at this time. The Parsons Industry building was
permitted this past month.
Commissioner Schouviller asked if there were any prospects for the vacant Food
Pavilion building.
Mr. White stated there was an interested client with an existing manufacturing
business that is currently located at the Port of Kennewick. They are looking at
their lease to expire soon and would like to relocate around the first part of
2010.
With no further business, the Planning Commission was adjourned at 8:12 pm.
David McDonald, Secretary
-8 -