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HomeMy WebLinkAbout08-22-2012 Planning Commission Minutes REGULAR MEETING August 22, 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. 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 July 26, 2012 be approved as mailed. The motion passed unanimously. OLD BUSINESS: A. Remand Rezone Rezone from an R-1 (Low-Density Residential) to an R-3 (Medium-Density Residential) (Pasco Family Housing) (MF# Z2012-001) -1- Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, gave a brief history of this rezone application. The request is from an R-1 (Low-Density Residential) and C-1 (Retail Business) to an R-3 (Medium-Density Residential) zoning designation. The Planning Commission initially recommended approval of the rezone to R-3 with a Concomitant Agreement limiting access from North Charles Avenue. The City Council then remanded the matter back to the Planning Commission to consider the impacts of multi-story structures on the properties to the East side of Charles Avenue. As a result of deliberations, a recommendation was returned to the City Council again with a Concomitant Agreement restricting access and limiting structures to 25 feet in height. The City Council again returned the item to the Planning Commission to look at the single-story homes and to develop a recommendation that would relate more to the character of the neighborhood being single-family homes. Mr. McDonald referenced items the Planning Commission needed to consider during the deliberations, such as building heights, setbacks, buffers, density and traffic. Mr. McDonald commented that there were some changes since the original report along with some additional findings of fact. Also provided were alternate motions to consider. Chairman Cruz stated that this has been a challenge for the Planning Commission and noted that the City Council debated on this item and could not come to a consensus and that he was open to discussion on the matter. Commissioner Anderson stated that he was comfortable with the recommendation that was passed in June. He is concerned about too many restrictions within the zoning and what that could lead to. Commissioner Hilliard agreed with Commissioner Anderson and added that the motion that went forward was to the guidelines of what works for the City. Commissioner Kempf also agreed and added that many neighborhoods have things that might be "unsightly" but they can be dealt with. Commissioner Levin asked if the issue was about Charles Avenue and height restrictions. Chairman Cruz answered that the primary concern are the structures that would be built adjacent to Charles Avenue and being able to see across the street. Commissioner Levin asked if the applicant was at the meeting. Mr. McDonald answered, no; the applicant was not at the meeting. They showed up the previous week in which the meeting was cancelled. Even if the applicant had showed, this item is not an open record hearing so it is only available for deliberations by the Planning Commission. -2- Chairman Cruz recapped the item stating that the Planning Commission received a lot of feedback from the public hearing. The biggest concern was over 35 foot tall buildings. The Planning Commission decided that 25 feet is consistent with the surrounding zoning and it unifies the site plan. Zoning to the west gets more industrial. Typically higher structures are another buffer between the more industrial areas and residential areas. He is comfortable with the recommendation the Planning Commission previously sent to the City Council. Commissioner Levin asked if the neighbors that showed up to the public hearing had any problems. Chairman Cruz answered that their main concern was over tall building heights. Commissioner Anderson moved, seconded by Commissioner Levin, to adopt the additional findings of fact and modified conclusions therefrom as contained in the staff memo of August 16, 2012. The motion passed unanimously. Commissioner Anderson moved, seconded by Commissioner Levin, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council approve the rezone from C-1 (Retail Business) and R-1 (Low-Density Residential) to R-3 (Medium-Density Residential), with a concomitant agreement prohibiting access to the property from Charles Avenue, and limiting building heights to 25 feet. The motion passed unanimously. B. Special Permit Location of a church in a C-1 District (Bethel Church) (MF# SP2012-012) Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, referenced the site plan, conditions and explained staff had nothing to add unless the Commission had questions. There were no questions or comments from the Planning Commission. Commissioner Kempf moved, seconded by Commissioner Hilliard, to adopt the findings of facts and conclusions therefrom as contained in the August 16, 2012 staff report. The motion passed unanimously. Commissioner Kempf moved, seconded by Commissioner Hilliard, based on findings and facts and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to the Bethel Church for location of a church in Suites 100, 110, 116 and 118 at 5202 Outlet Drive with the conditions as contained in the August 16, 2012 staff report. The motion passed unanimously. C. Special Permit Location of a church in a C-1 District (World Life Christian Center) IMF# SP2012-013) Chairman Cruz read the master file number and asked for comments from staff. -3- Shane O'Neill, Planner I, referenced the site plan, conditions, and explained that staff had nothing to add unless the Commission had questions. There were no questions or comments from the Planning Commission. Commissioner Hilliard moved, seconded by Commissioner Levin, to adopt findings of fact and conclusions as contained in the August 16, 2012 staff report. The motion passed unanimously. Commissioner Hilliard moved, seconded by Commissioner Anderson, based on the findings of fact and conclusions that the Planning Commission recommend the City Council grant a special permit to World Life Christian Center for the location of a church at 5252 Outlet Drive with the conditions as contained in the August 16, 2012 staff report. The motion passed unanimously. D. Special Permit Location of an Elementary School in an R-S-1 District (Pasco School District) IMF# SP2012- 014 Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, referenced the site plan, elevations and explained staff had nothing to add unless the Commission had questions. There were no questions from the Planning Commission. Commissioner Anderson moved, seconded by Commissioner Kempf, to adopt findings of fact and conclusions therefrom as contained in the August 16, 2012 staff report. The motion passed unanimously. Commissioner Anderson moved, seconded by Commissioner Kempf, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a Special Permit to the Pasco School District for the location of an elementary school at the southwest corner of Powerline Road 8s Road 52 (parcel #116-170-030) with conditions as listed in the August 16, 2012 staff report. The motion passed unanimously. PUBLIC HEARINGS: A. Special Permit Location of a church in an R-1 District (Manuel Estrada) (MF# SP2012-0151 Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, discussed the special permit application for the church, Lirio De Los Valles, to locate in an R-1 District. The site is zoned R-1, surrounded completely by residential uses. The church has been on site for approximately 92 years, built in 1920. The site contains two attached structures; the primary is the -4- church and to the south is a vacant home. It is the applicant's request to occupy that home. Mr. O'Neill explained approval conditions in the staff report including; paving a gravel area for parking, landscaping and keeping a strip of dirt behind the building dust free. Since this church has been at this location for so long and in operation, it is a safe assumption to say it operates in harmony with the surrounding community. Limited parking is one concern. A certain amount of parking is available on the street. Chairman Cruz asked roughly how many people attend the church. Dave McDonald, City Planner, answered that they could have roughly 90 people in the sanctuary. This church was built at a time when people walked to church so it was built without parking. Chairman Cruz asked if there was on-street parking on both sides of the street. Mr. McDonald answered that there was parking on both sides of the street. Commissioner Hilliard asked if there were any concerns about storm water since it was mentioned in the staff report. Mr. O'Neill answered that there were no real concerns over the storm water. All storm water needs to be contained onsite. Manual Estrada, 604 W. Shoshone Street, spoke on behalf of his special permit application with the assistance of a translator from the audience. Gordon Comfort, 5990 Thynewood Loop, West Richland, WA translated for Mr. Estrada. Mr. Estrada stated that there will not be many people at the church. He is hoping that in order to get the permit he would not be required to do the parking immediately. Chairman Cruz answered that parking and landscaping improvement will need to be completed by October 31, 2014. Mr. Estrada asked in order to do that work, does he have to come back to the Planning Commission to get permission. He would like to take off part of the yard in the two years. Rick White, Community & Economic Development Director, for the yard, that would be returned to the Planning Commission. Mr. Estrada asked without the parking lot, would he be able to use the church and the house the way the parking currently is for up to two years. Chairman Cruz answered yes, for up to two years, however entrances and restrooms would need to meet ADA standards prior to occupancy. -5- Mr. Comfort asked if it would be the house or the church that has to meet ADA standards. Mr. White answered that it would be the building occupied by the public, which is the church. Mr. Estrada stated that the church doors are already large enough for wheelchairs. Chairman Cruz stated that the bathrooms, ramps and exits from the church would still need to be up to ADA standards. Mr. McDonald explained the number of exits depends on the occupancy and size of the building. He will need to get a building permit for each of these items and submit a plan on how he will bring the items up to code. Mr. McDonald stated that many of the older churches in Pasco have the same problem of parking but there haven't been complaints from the neighborhoods. Commissioner Levin moved, seconded by Commissioner Anderson, to close the public hearing and schedule deliberations, the adoption of findings of fact and development of a recommendation for City Council for the September 20, 2012 meeting. The motion passed unanimously. B. Special Permit Location of an Elementary School in a C-3 (General Business) District (Pasco School District) MF# SP2012-017) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed this special permit for an elementary school at the intersection of Spokane Street and N. California Avenue. The site is zoned C-3 (General Business). The School District has made tentative plans to locate a new elementary school adjacent to the Whittier School because they own the property, they can get cost efficiencies and economies of scale by sharing the playground and it brings down the cost of the bond that they will be asking for this coming Spring. The staff report presents concerns with locating the school in a Commercial District and the impacts it might have on the development potential of the adjacent commercial properties. Two conditions in the staff report address a traffic study, given the fact that it would be nearly doubling a traffic generator in the neighborhood. The School District would be required to construct or provide the improvements that the traffic study might identify. Kim Marsh, 1215 W. Lewis Street, spoke on behalf of the Pasco School District. The site offers economic advantages to the School District, utilities are available close to the site and offers operational advantages in the future in terms of grounds-keeping and maintenance with other schools being close by. With a bond successfully passing -6- in 2013 the School District would be starting construction in 2014 with occupancy in Fall 2015. Commissioner Anderson asked Mr. Marsh why the School District would like to locate another school on the east side of Pasco when the rapid growth seems to be on the west side of Pasco. Mr. Marsh responded that the School District has special permits for two other elementary schools that would relieve the west side. The proposed school in question would do a couple of things; take some of the load off of Robinson Elementary School and Whittier Elementary and it would allow sixth-graders to be taken out of Ochoa Middle School. Chairman Cruz asked the applicant if there was anything in the staff report that was a cause for concern. Mr. Marsh answered that there was not. Commissioner Hilliard moved, seconded by Commissioner Levin, to close the public hearing and schedule deliberations, the adoptions of findings of fact and development of a recommendation for City Council for the September 20, 2012 meeting. The motion passed unanimously. C. Special Permit Location of a cell phone tower (Verizon Wireless) (MF# SP2012-0181 Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, explained the proposed cell phone tower would be located at the northwest corner of Broadmoor Storage. Pasco Municipal Code requires special permit review for all cellular towers in the C-1 Zone as well as other zones if they are within 500 feet of residential zones. The proposed cell phone tower would be 460 feet from the nearest homes directly to the north. All of the cellular equipment is proposed to be located in an equipment room in the existing building so there would be no visual impact from an equipment cabinet. Commissioner Hilliard asked if they could make the antennae taller years from now without coming back to the Planning Commission for a permit. Mr. O'Neill answered that a special permit would be required if they proposed to increase the height of the tower beyond 100 feet. The current special permit application would allow up to 100 feet for maximum height. Julie Cope, 4111 South Napa Street, Spokane, WA spoke on behalf of Verizon Wireless. She explained the background on the choice of the location for the proposed site. They purposely chose to locate it where it would be least visually impacted. Their report requests 80 feet in height, however they might use the 90-100 foot spots. It may limit co-location of possibly one other carrier if the tower was lower. They would prefer to paint it tan to blend in with the surrounding environment. -7- Commissioner Levin asked what options they have in terms of appearance of the tower. Ms. Cope answered that they can make it look like a flag pole, however that would be a really large flag and they would lose capacity. Dave McDonald, City Planner, asked the Planning Commission for comment about the proposed design of the cell phone tower. He also asked Ms. Cope if there would be a red light at the top of the tower for the FAA. Ms. Cope answered that they did a preliminary report with Towair and that report did not require a red light at the top. She stated that she will provide staff with a copy of that report. Mr. McDonald stated that to proceed to the permit stage there will need to be a copy of that in order to get the building permit. Chairman Cruz asked the applicant if she had any problems or concerns with the tentative approval conditions in the staff report. Ms. Cope answered that she had none. Mr. McDonald asked if the Planning Commission would like to modify the approval conditions to require the antennae to be enclosed rather than out in the open. Ms. Cope clarified that they just make one larger pole to go around the antennae, not separate casings. Commissioner Hilliard asked what the dimensions will be at the base. Ms. Cope answered that the cellular towers are typically 5 feet at the base. With an interior mount the tower would be 3-3 1/2 feet at the top. Chairman Cruz stated that the proposed cellular tower is at least 25% smaller than larger cellular towers. Commissioner Hilliard stated that with that size he didn't see an issue with what has been already proposed. Mr. McDonald responded that it was something staff thought should be looked into. The cellular tower by the TRAC is clean and the antennas are inside the tower. Chairman Cruz stated that he did not have a problem with the proposed design due to its small size. He would like to see the applicant move forward with the process. Commissioner Kempf commented that as a resident herself who would drive past this tower daily, she does not have any problems with the way it is proposed. -8- Commissioner Hilliard moved, seconded by Commissioner Kempf, to close the hearing on the proposed cellular tower and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the September 20, 2012 meeting. The motion passed unanimously. D. Rezone Rezone from BP (Business Park) to C-3 (General Business) (Bill Dolsen) (MF# Z2012- 003 Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the rezone from a BP (Business Park) to C-3 (General Business). The applicant is seeking to relocate an existing distribution facility that is currently located at the corner of Road 34 and Henry Street. The Comprehensive Plan designates the site for commercial uses but does not say exactly what commercial zoning should be applied to the property. That determination is made through the rezone process. The proposed property was annexed into the City approximately 23 years ago along with the properties to the south. It took years for the area to develop into what is there today. The surrounding neighborhood developed in the 1950's, 1960's and 1970's. The property the applicant is interested in has remained vacant all this time, bypassed by development for one reason or another. The applicant's current business utilizes 14-16 trucks to make deliveries throughout the community. Eight of these trucks are designed or look like UPS trucks and they service vending machines throughout the Tri-Cities area. They also have 6-8 large "semi-type" of trucks that provide delivery services to the community. The only way into the property is through 26th and Court Street. There is a traffic signal at that location. The trucks would be going through that intersection at off- peak times. Staff consulted with the Engineering Department with respect to the number or trucks and the configuration of that intersection. According to the Engineering Department there should not be any problems with trucks going through that intersection. It is important to keep in mind the applicant might decide not to use the location and any other individual that had a distribution type of facility would be able to locate on this property hence the need for a concomitant agreement. The site could also be developed for a large grocery store without a rezone. Large grocery stores have numerous delivery trucks throughout the day and what would come with the grocery store that doesn't come with the distribution center is all of the customers which could generate up to 4,000 vehicles per day. A grocery store could impact the neighborhood significantly. Staff suggested the Planning Commission consider a buffer along the eastern edge of the proposed site near the residential zoning, either through construction of a tall wall or a berm with a shorter wall. In addition, landscaping and a fence would help screen the property. -9- Bill Dolsen, PO Box 1726, Yakima, WA, President of the Coca-Cola Bottling Company of Yakima-Tri-Cities, spoke on behalf of his rezone application. He gave a brief history of their business and growth in the Tri-Cities. Mr. Dolsen stated that they have outgrown their space and need to relocate. They looked at multiple sites in the Tri- Cities and prefer the proposed site. Chairman Cruz asked the applicant if he had any issues with the conditions included in the staff report, including the buffers to reduce the intensity of C-3 uses and designing the facility so that the truck concentration would be in the rear of the facility, closer to Highway 395 rather than closer to the residential area on the east. Mr. Dolsen answered that he is unsure of the truck location. They are hiring an engineering company to help layout the facility so they can get the trucks in and out easily. Commissioner Kempf asked the applicant if the building type is going to be a permanent structure. Mr. Dolsen answered that it would be a permanent structure. Chairman Cruz stated that with the restrictions in the conditions he did not have an issue with this rezone. Commissioner Anderson moved, seconded by Commissioner Levin, 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 20, 2012 meeting. The motion passed unanimously. E. Rezone Rezone from CR (Regional Commercial) to C-1 (Retail Business) (General Advertising Agency) (MF# Z2012-004) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed this proposed rezone from CR (Regional Commercial) to C-1 (Retail Business) for the property located at 3921 W. Court Street. The site was zoned to CR in 2003 with conditions as outlined in the staff report. The applicant wishes to rezone the property from CR to C-1 to enable them to apply for a special permit application to allow a donation-based thrift store. Mr. White pointed out the staff report contained an analysis and discussion of the criteria that the City requires for rezones, consistent with PMC 25.88 and a proposed listing of staff findings and conclusions. The report explains the rezone is not expected to have adverse impacts on the neighborhood because the site has been used for commercial purposes in the past and the neighborhood has been built up with proper traffic and utility infrastructure in place. Staff also does not believe a concomitant agreement is necessary, given the fact that the Planning Commission has the opportunity to review the thrift store proposal through the special permit process. -10- James Wade, 1720 Horn Avenue, Richland, WA, of NAI Tri-Cities represented his client, Alex Kim of Riverview Plaza. Mr. Kim has strong support for the rezone to C-1 as well as the next item on the agenda, the special use permit for a donation-based thrift store. The application for this rezone was made due to staff recommendation as the best option that will allow conformity with zoning guidelines and would be complementary to the surrounding business community. The requested rezone and special use permit will allow a current Pasco retailer to expand their operations while redeveloping a 76,000 square foot location that will generate over 30 jobs, increase the tax base and produce expected sales of $3-$4 million annually and consume a storefront that has been vacant for many years. 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 September 20, 2012 Planning Commission meeting. The motion passed unanimously. F. Special Permit Goodwill in a C-1 (Retail Business) District (Goodwill Industries) (MF# SP2O12-0191 Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community 8v Economic Development Director, explained this special permit application and that it is contingent on a rezone application approval. The applicant is applying for a special permit to operate a donation-based thrift store if the rezone application passes changing the zoning from CR (Regional Commercial) to C-1. The Staff report also noted a number of concerns with donation-based thrift stores however those concerns were mostly developed through the observation of site management and design issues related to existing thrift stores. Staff believes the conditions contained in the staff report adequately address those site management and design issues. A possible additional condition that may be considered by the Planning Commission is shielding the lighting so that spillage does not occur on adjacent properties. Gordon Comfort, 5990 Thynewood Loop, West Richland, WA spoke on behalf of this application. He concurred with the staff report and did not have issues with any of the conditions. Todd Lawson, 22 John Street, Seattle, WA clarified that the address is 3521 W. Court Street instead of 3921 W. Court Street. Mr. White stated for the record that the Planning Commissioners were given pictorials provided by the applicant for review. 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 September 20, 2012 Planning Commission meeting. The motion passed unanimously. -11- With no further discussion or business, the Planning Commission was adjourned at 8:36 p.m. Respectfully submitted, Dave McDonald, City Planner -12-