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HomeMy WebLinkAbout07-26-2012 Planning Commission Minutes REGULAR MEETING July 26, 2012 PLANNING COMMISSION MEETING CALL TO ORDER: The meeting was called to order at 7:00pm by Chairman Cruz. POSITION MEMBERS PRESENT MEMBERS ABSENT No. 1 Michael Levin No. 2 Vacant No. 3 Andy Anderson No. 4 Alecia Greenaway No. 5 Joe Cruz No. 6 Vacant No. 7 Zahra Khan No. 8 Jana Kempf No. 9 Paul Hilliard 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. Commissioner Anderson declared that he needed to excuse himself from agenda items VI.D, VI.E, VI.F and VI.G due to his involvement in working with one of the applicants. Chairman Cruz 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. 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 Anderson moved, seconded by Commissioner Greenaway, that the minutes dated June 21, 2012 be approved as mailed. The motion passed unanimously. PUBLIC HEARINGS: A. Special Permit Location of a church in a C-1 District (Bethel Church) (MF# SP2012-012) -1- Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed this item. The request is for Bethel Church to locate a church in the Broadmoor Square Outlet Mall, in space previously occupied by the CO2 Furniture Store. The space has been vacant for roughly four years and has intermittently been used for a seasonal costume store, display and sales. Bethel Church is proposing to locate in the southeast corner of the Mall, using the building for services on Sunday's from 9:00 a.m.-11:00 a.m., weeknights for meetings and a business office for weekdays. The proposal is a temporary measure as the ultimate goal of the church is to find a place within the community where they can build a permanent facility. They have a three year lease with an option to renew for one year increments. Mr. McDonald directed the Planning Commission's attention to the recommended approval conditions and highlighted the termination date of October 2015. Commissioner Hilliard voiced concern over the loss of retail space and how the location of another church in the mall could change the viability the mall as a shopping center, however he understands that the owner needs to keep the building occupied. Mr. McDonald stated one of the concerns Staff had was the loss of retail at this site but the proposal is considered a temporary measure while the building is vacant and permit would expire after three years. Chairman Cruz agreed with the Staff recommendation to limit the special permit to three years. In the future, Planning Commission likely would not grant another special permit but feels this helps solve some issues in the meantime. Commissioner Levin asked if there has been any concern from other tenants in the Mall. Mr. McDonald answered that Staff has not heard any complaints or concerns. Chairman Cruz discussed possible traffic issues that might result from two churches locating at this site. He asked staff what would be done to accommodate the additional retail traffic. Mr. McDonald answered that the meeting times of the two churches would be staggered. Typically on Sunday mornings arterial streets aren't busy and there is no peak traffic period. Commissioner Levin commented that he works out at a gym located near the Bethel Church on Keene Road in Richland, WA and he hasn't had any issues with traffic at that location so he is not concerned about traffic at the Mall. Commissioner Anderson mentioned that when Charter College ends their classes traffic can backed up in the parking lot but is cleared shortly and the parking lot is laid out well for heavy traffic. -2- Commissioner Hilliard agreed that on Sunday's traffic should not be an issue. Tim Phillips, 4502 Desert Drive, spoke on behalf of Bethel Church. The proposal is an opportunity for them to continue to look for land but keep expanding at the same time. They are currently located in a theater in Pasco on Sunday mornings, which limits their time in the building, with no time throughout the week in the evenings. They want to continue to be a part of the Pasco Community. Chairman Cruz asked if Mr. Phillips had any issues with the conditions or recommendations in the staff report. Mr. Phillips stated that he did not have any issues. Lance Bacon, NAI Tri-Cities, 1721 W. 35th Avenue, Kennewick, WA spoke on behalf of the owner of the Outlet Mall as the leasing agent for the proposed property. When an offer from Bethel Church was made, the ownership contacted all of the other tenants to see if they felt it was an acceptable use. They have been trying to find retail tenants but have been turned down. Locating the church to this site might bring more people to the area. With no further comments, the public hearing closed. Commissioner Levin moved, seconded by Commissioner Kempf, to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the August 16, 2012 meeting. The motion passed unanimously. B. Special Permit Location of a church in a C-1 District (World Life Christian Center) (MF# SP2012- 013 Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, discussed this item. World Life Christian Center applied to renew and continue their church use in the Broadmoor Outlet Mall since their previous special permit had expired. Mr. O'Neill reviewed the written report for the benefit of the Commission and explained the church has already made the necessary changes to the building to comply with the International Building Code Standards for "assembly occupancy" types. There is sufficient parking on site and the church is not looking to expand their floor area. David McDonald, City Planner, added that this church purchased land on Court Street last fall. Their goal, like Bethel Church, is to build a permanent location and move out of the Outlet Mall. Commissioner Hilliard stated that he appreciates that this proposal is temporary so that the retail function of the Mall can return. -3- Donald Jarrett, 1951 Peachtree, Richland, WA spoke on behalf of World Life Christian Center. He has been with World Life Christian Center for nine years and they have been in the Outlet Mall for three years. They plan to build on Court Street within two years but are asking for a three year extension just in case. They feel that they bring traffic to the Outlet Mall that wasn't there previously. They hold Thursday evening services and haven't had any issues with Charter College, as the parking lot is built to handle traffic. Chairman Cruz stated that in the future, the Planning Commission will most likely not recommend approve for another special permit and asked if Mr. Jarrett had any issues with the conditions or recommendations contained in the staff report. Mr. Jarrett stated that he did not have any concerns. With no further comments, the public hearing closed. Commissioner Anderson moved, seconded by Commissioner Kempf, to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the August 16, 2012 meeting. The motion passed unanimously. C. Special Permit Location of an Elementary School in an R-. S-1 District (Pasco School District) (MF# SP2012-014) Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed this item. The Pasco School District has applied for a special permit to locate an elementary school at the north end of Road 52. The District has chosen to realign the grade levels within the schools to accommodate the growth. There is a greater need now for elementary schools versus middle schools. They have chosen to take the proposed site and divide it in half to place an elementary school on the eastern twenty acres. The conditions in the staff report are similar to what has been provided in the past. The site is in a developing residential neighborhood. Most of the schools are located in residential neighborhoods and have been well accepted in the community in those neighborhoods. Rick White, Community 8v Economic Development Director, reminded the Planning Commission that they studied School Impact Fees earlier in the year and one of the things the School District did was try to reduce their capital costs in relation to the request for impact fees by taking the sixth grade out of middle schools and incorporating them into elementary schools. This reduces the need for a middle school; however, there is now a need for elementary schools, which are cheaper build than middle schools. Kim Marsh, 1215 W. Lewis, spoke on behalf of the Pasco School District. He stated that by building an elementary school at this location and two other locations, there -4- would be enough capacity for a K-6 elementary configuration. This will also eliminate the need for a more expensive middle school. This site is twenty acres which means that there will be plenty of parking and bus delivery areas. Commissioner Hilliard asked Mr. Marsh when the School District plans to build the school on the proposed property and when would they extend Powerline Road. Mr. Marsh answered that the School Board is currently considering a potential bond in February of 2013. The school has already been designed and should be opened by the 2014 school year. Powerline Road would be extended as they build the school as part of the conditions. With no further comments, the public hearing closed. Commissioner Anderson moved, seconded by Commissioner Kempf, to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the August 16, 2012 meeting. The motion passed unanimously. D. Block Grant Administration 2013 Community Development Block Grant (CDBG) Fund Allocations (MF# BGAP2012-0031 Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed this item. At the last meeting, applicants for the 2013 CDBG Funds were given a chance to discuss their proposals in front of the Planning Commission. In the memorandum to the Planning Commission there was an attachment with the proposals, how much each agency requested and how much staff recommends. Mr. White briefly went through each recommendation. Commissioner Levin asked for clarification on the Kurtzman Park Spray Park proposed by the City versus the Kurtzman Splash Pad proposed by Regional AmeriCorps. Mr. White answered that Staff has recommended money for the Kurtzman Spray Park which could then provide a role for Regional AmeriCorps. Commissioner Hilliard stated that he feels Staff put a lot of time and effort into their recommendations. Chairman Cruz agreed with Commissioner Hilliard and added that he would like to see money going to the Boys & Girls Club Renovation, however, with the heat in the summer, he would like to see the Spray Park done and have the Boys & Girls Club reapply next year for funds. Splitting the funds between the two projects wouldn't work as there wouldn't be enough money to do both projects if split. Louisa Alaniz, 3 Zinia Court, spoke on behalf of Charity Training Center. She stated that they will apply for funds next year. She also thanked the Planning Commission and Staff for looking over their request. Mr. Alaniz did feel that the Organic Farm -5- would have been an Economic Development Program rather than a Public Service which is what they will focus on next year. Brian Ace, 1102 N. Irving Place, spoke on behalf of Boys & Girls Club. He appreciated the feedback from Chairman Cruz as to why they were not being recommended for funding at this time. They will look at applying next year for funding. They appreciate the support the City has given them over the years and support the Kurtzman Spray Park project. Commissioner Kempf moved, seconded by Commissioner Levin, the Planning Commission recommend the City Council approve the use of funds for the 2013 Community Development Block Grant Program as set forth in the "2013 Fund Summary" as recommended by Staff. The motion passed unanimously. This item will go to City Council Workshop, August 13, 2012. E. Block Grant Administration 2013 HOME Fund Allocations (MF# BGAP2012-004) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community 8s Economic Development Director, discussed this item. A consortium was formed between Pasco, Richland and Kennewick to receive HOME funds that they otherwise would not receive on their own. The proposal is to use $211,000 for acquisition and infill. This can involve new construction, rehabilitation of existing units including rental units, down payment assistance which is allocated by $5,000 per applicant, and the rest, $13,000 is used for program administration. Commissioner Hilliard moved, seconded by Commissioner Greenaway, the Planning Commission recommend the City Council approve the use of funds for the 2013 HOME Investment Partnerships Program as set forth in the "2013 HOME Fund Summary" as recommended by Staff. The motion passed unanimously. This item will go to City Council Workshop, August 13, 2012. F. Block Grant Administration 2013 Neighborhood Stabilization Program (NSP) Fund Allocations (MF# BGAP2012-005) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed this item. The City received Neighborhood Stabilization Program (NSP) funds that are to be used for homes that have been foreclosed or abandoned. When the program first came out, most of the money was used for acquisition and rehabilitation. The City purchased and rehabilitated three foreclosed homes and is in the process of selling those homes. Staff is recommending a portion of this money to be allocated for down payment assistance for first-time homebuyers that are looking to purchase foreclosed or abandoned homes. -6- Commissioner Hilliard requested clarification as to if the funds were only for first-time homebuyers for the purchase of foreclosed homes or if they could purchase any home. Mr. White answered that the NSP funds were solely for the purchase of foreclosed or abandoned homes. Commissioner Kempf moved, seconded by Commissioner Levin, the Planning Commissioner recommend the City Council approve the use of funds for the 2013 Neighborhood Stabilization Program (NSP) as recommended by Staff. The motion passed unanimously. This item will go to City Council Workshop, August 13, 2012. G. Block Grant Administration Significant Amendment to the 4th Avenue Wall (MF# BGAP2012-006) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community 8v Economic Development Director, discussed this item. He explained that the memorandum has changed since the June 21, 2012 meeting. At the June 21, 2012 meeting, Staff recommended the 4th Avenue Wall be funded with a reduction in the amount of ADA Accessibility money the City had. Since the June meeting, the Kurtzman LID went out to bid and the bids received were higher than anticipated. The difference in cost was not great enough to have to do a rebid. The north portion of 4th Avenue, however, will have to be rebid this winter when contractors aren't as active and the City hopes to get a better price. Staff is recommending is that additional money be taken from the ADA Ramp Retrofitting project to be reprogrammed for the Kurtzman Park Neighborhood Improvements. The revised budget is recommended as follows: $450,000 for Kurtzman Park Neighborhood Improvements - Phase IV, $88,240 for ADA Accessibility, and $30,000 for the 4th Avenue Corridor Improvement Project. Todd Lawson, 22 John Street, Seattle, WA asked if the ADA Ramp Retrofitting is throughout the City or only in specified census tracts. Mr. White answered that it is focused only on census tracts 201-204 because those areas are composed mostly of low-moderate income families. Commissioner Levin moved, seconded by Commissioner Kempf, the Planning Commission recommend the City Council approve the use of funds for the 2012 Community Development Block Grant Program as set forth in the Attachment 1 "2012.2 CDBG Fund Summary" as recommended by Staff. The motion passed unanimously. OTHER BUSINESS: A. Code Amendment Special Permits for Donation-Based Thrift Stores in C-R Zones -7- Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed this item. For several months, Planning Commission has looked at a code amendment to examine donation-based thrift stores and consignment stores and whether the prohibitions that were enacted in 1990 were still valid exercises in land-use control. The Planning Commission recommended to City Council that in the C-1 (Retail Business) and C-2 (Central Business) that consignment stores be allowed outright as a permitted use as long as they were separated by 1,000 feet from another consignment store, thrift store or pawn shop and that donation-based thrift stores be allowed by special permit in the C-1 and C-2 Zones as long as they are separated by 1,000 feet from other like stores. At the June 21, 2012 meeting, a request was received from a property owner and Goodwill to include C-R (Commercial Regional) Zoning Districts as a zone that would allow donation-based thrift stores. The Planning Commission did not recommend to City Council for that to occur. This item went to City Council Workshop where the same question regarding C-R Zones was asked and Council remanded this item back to the Planning Commission as to whether donation-based thrift shops should be allowed in the C-R Zones through the special permit process. Since it is a code amendment process, the Planning Commission was reminded they should not be discussing a specific applicant or unique issues. The Planning Commission was given a letter from Mr. Gordon Comfort, an executive of a donation-based thrift store in Pasco. His letter suggests a different path to resolving the locational process by treating it as if the C-R (Commercial Regional) special permit question at hand. The process would involve a rezone and a special permit application for property located in an area that is currently zoned C-R. Staff provided a detailed memorandum. Staff recommendation is that the Planning Commission make a recommendation for the City Council to reject the proposal to allow donation-based thrift shops in C-R Zones and would like to bring this to the next available meeting in August due to urgency in the matter to consider a rezone and special permit application concurrently. Chairman Cruz asked what zones are typically placed adjacent to C-R Zones. Mr. White answered there are C-1 Zones adjacent to the C-R Zone in Pasco. Commissioner Levin asked if the property in question is the old K-Mart building on Court Street and if it is currently a C-R Zone. Mr. White answered that there are two C-R Zoning Districts; one on Court Street west of USR-395 and south of I-182 east of Road 100. Chairman Cruz stated that at the last meeting the Planning Commission was not willing to incorporate donation-based thrift stores in C-R Zones through special permits because at the time it didn't seem to make sense. Mr. White stated that assuming City Council approves the Planning Commission's original recommendation to allow donation-based thrift stores in C-1 and C-2 Zones -8- through special permit process, then the next step would be for those concerned to go through the rezone and special permit process. The rezone would have to happen in order for the special permit to occur. James Wade, 8382 W. Gage Boulevard, Kennewick, WA of N.A.I. Tri-Cities spoke on behalf of his client, Alex Kim, who is the owner of Riverview Plaza. It is decided to leave the decision to include C-R Zoning to the expertise of City Staff and the Planning Commission. Their desire is to facilitate Goodwill and its $3-$4 of annual retail sales, 30-40 jobs and locate Goodwill in the Riverview Plaza in a store front that has been vacant for 11 years. If C-R Zoning is not included, they will apply for a rezone immediately and look forward to appearing at the next meeting in August. Commissioner Kempf stated that she would like to see the C-R Zones stay the way they are and have businesses who would like to do the donation-based thrift stores do so with a rezone and special permit. Commissioner Anderson agreed with Commissioner Kempf. He stated that there are reasons for C-R Zones and doesn't see a special permit for donation-based thrift stores appropriate for C-R Zones. Commissioner Anderson moved, seconded by Commission Kempf, the Planning Commission recommends the City Council reject the proposal to allow donation-based thrift shops in C-R Zones. The motion passed unanimously. WORKSHOP: A. Code Amendment Revisions to P.M.C. Title 25 (MF# CA2011- 0061 Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, discussed the background of the proposed modifications to Pasco Municipal Code (PMC) Title 25. The some of the modifications were highlighted as follows: • The Planning Commission recommendation on accessory structure heights and setbacks was incorporated into the P.M.C. revisions. • Special permits required for car washes and night clubs in the C-1 (Retail Business) Zoning District. • The density bonus option was removed from the R-4 (High Density Residential) Zoning District. -9- • Criteria for caretaker's residencies was revised to provide additional clarity. The changes establish a stronger need for the caretaker's unit to be located in undeveloped portions of the community. • Provisions for exotic animals was added. • Exception to the residential design criteria would be processed through the special permit process, for example, exceptions dealing with roof pitches. Mr. White explained that many of the revisions are just updates due resulting from changes to State laws, such as upgrades for residential childcare facilities. Many definitions have also been updated throughout the P.M.C. Title 25. Commissioner Greenaway commented that some businesses in Commercial Districts are not watched in the evenings and this presented a chance for higher crime. She felt that business owners in Commercial Districts should have the right to protect their property. Commissioner Hilliard agreed with Commissioner Greenaway. Commissioner Kempf asked if she meant Commercial Districts or Industrial Districts since they are two separate zoning. Commissioner Greenaway answered that she feels the property owner has the right to protect their property whether it is Commercial or Industrial Zoning. Commissioner Anderson disagreed with allowing caretaker's residencies in Commercial Districts. He stated that property owners do have the right to protect their property, but not a right to have a residence in a Commercial area. There are other ways to protect the property without having a person living at the business. He added that caretaker's residencies should be located in remote areas. Commissioner Levin asked if Staff could refresh his memory on the topic of caretaker's residencies. Mr. White answered that there was an applicant earlier this year as well as another person two years ago. The person who applied two years ago was located in a substantially developed neighborhood and the issue was one of crime. The caretaker's residence was approved and stayed on site, even after the issue of crime went away. Chairman Cruz commented that in other Cities, such as Portland, they have co- located residents and businesses in their downtown. Mr. White stated that the City of Pasco does have some areas zoned for co-location (with a Special Permit) where the residential area is above the business with retail use on the bottom floor. This is, however, different from a caretaker's residence. Chairman Cruz stated that he is fine with the way caretaker's residencies are written in the revisions to P.M.C. Title 25. It is fine to have residents co-locate in specific zones where businesses are on the lower level and apartments above in a downtown. -10- Commissioner Anderson agreed with the Chairman. Commissioner Hilliard agreed and would still like to see properties farther out in more undeveloped areas be allowed to protect their properties with a caretaker's residence. Mr. O'Neill asked for some input on administrative adjustments for setbacks. The Planning Commission felt that staff could make those minor adjustments (1 foot) without the need for a Hearing Examiner. The Chairman addressed the topic of Mineral Resource Areas. A Mineral Resource Area is to mine said resources from where they are located since that cannot be controlled, but chemical processes, such as an asphalt plant, are not necessarily required to be co-located. Mr. White answered that was something Staff had looked at after previous comments by Planning Commission and it was meant to be in the revisions for P.M.C. Title 25. It will be addressed before the next time it is presented to the Planning Commission. ADDITIONAL BUSINESS: Commissioner Greenaway and Commissioner Hilliard both attended the Short Course on Local Planning in Walla Walla on June 28, 2012. It provided good information and was well put on. Commissioner Greenaway recommended it for other Commissioners. Commissioner Hilliard said that it was a good course and provided additional resources to help with research. Rick White, Community 8v Economic Development Director, let the Planning Commission know that on September 12, 2012 there is another Short Course to be held in Moses Lake, WA. If any Commissioners wish to attend, they can contact Mr. White. With no further discussion or business, the Planning Commission was adjourned at 8:35 p.m. Respectfully submitted, David McDonald, City Planner -11-