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)
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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With no further discussion or business, the Planning Commission was adjourned at
8:36 p.m.
Respectfully submitted,
Dave McDonald, City Planner
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