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HomeMy WebLinkAbout09-20-2012 Planning Commission Minutes-1- REGULAR MEETING September 20, 2012 PLANNING COMMISSION MEETING CALL TO ORDER: The meeting was called to order at 7:00pm by Chairwoman Kempf. 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: Chairwoman Kempf read a statement about the appearance of fairness for hearings on land use matters. Chairwoman Kempf asked if any Commission member had anything to declare. Chairwoman Kempf 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: Chairwoman Kempf explained that state law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Chairwoman Kempf swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Anderson moved, seconded by Commissioner Levin, that the minutes dated August 16, 2012 be approved as mailed. The motion passed unanimously. Commissioner Greenaway made a correction to the August 22, 2012. The minutes stated that Commissioner Greenaway seconded the minutes however she was not at the August 22, 2012 meeting. Staff noted the correction and changed the August 22, 2012 minutes to state Chairwoman Kempf seconded the minutes. Commissioner Anderson moved, seconded by Commissioner Greenaway, that the minutes dated August 22, 2012 be approved as amended. The motion passed unanimously. -2- OLD BUSINESS: A. Special Permit Location of a church in an R-1 District (Manual Estrada) (MF# SP2012-015) Chairwoman Kempf read the master file number and asked for comments from staff. Shane O’Neill, Planner I, discussed the application for a special permit for the location of a church in an R-1 District. Mr. O’Neill explained that staff contacted the applicant since the previous meeting to make sure he was clear on the conditions in the report and that there were no changes since the previous Planning Commission Meeting. Commissioner Greenaway asked if Mr. Estrada accepted the conditions. Mr. O’Neill answered that he believed the applicant is accepting on the conditions. Commissioner Anderson moved, seconded by Commissioner Levin, to adopt findings of fact and conclusions as contained in the September 20, 2012 staff report. The motion passed unanimously. Commissioner Anderson moved, seconded by Commissioner Levin, based on the findings of fact and conclusions that the Planning Commission recommend the City Council grant a special permit to Manuel Estrada for the location of a church and parsonage at 605 North 5th Avenue with the conditions as contained in the September 20, 2012 staff report. The motion passed unanimously. B. Special Permit Location of an Elementary School in a C-3 District (Pasco School District) (MF# SP2012- 017) Chairwoman Kempf read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the application for an elementary school in a C-3 District. Mr. White explained that there were no changes in conditions since the previous meeting. Commissioner Levin moved, seconded by Commissioner Greenaway, to adopt findings of fact and conclusions therefrom as contained in the September 20, 2012 staff report. The motion passed unanimously. Commissioner Levin moved, seconded by Commissioner Greenaway, 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 #1 for location of an elementary school at the southeast corner of the intersection of Spokane Street and N. California Avenue, with conditions as listed in the September 20, 2012 staff report. The motion passed unanimously. -3- C. Special Permit Location of a cell phone tower (Verizon Wireless) (MF# SP2012-018) Chairwoman Kempf read the master file number and asked for comments from staff. Shane O’Neill, Planner I, discussed the application for a special permit for the location of a cell phone tower in a C-1 Zone. Mr. O’Neill explained that there were no changes since the previous Planning Commission Meeting. Commissioner Hilliard moved, seconded by Commissioner Khan, to adopt findings of fact and conclusions as contained in the September 20, 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 Verizon Wireless for the location of a cellular antenna tower at 9335 Sandifur Parkway with the conditions as contained in the September 20, 2012 staff report. The motion passed unanimously. D. Rezone Rezone from CR (Regional Commercial) to C-1 (Retail Business) (General Advertising Agency) (MF# Z2012-004) Chairwoman Kempf read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the application for a rezone application from a CR (Regional Commercial) Zone to a C-1 (Retail Business) Zone. He explained that nothing has been added since the previous staff report. Commissioner Khan moved, seconded by Commissioner Greenaway, to adopt findings of fact and conclusions therefrom as contained in the September 20, 2012 staff report. The motion passed unanimously. Commissioner Khan moved, seconded by Commissioner Greenaway, based on findings of fact and conclusions therefrom the Planning Commissioner recommend the City Council approve a rezone from CR (Regional Commerci al) District to C-1 (Retail Business) District for lots 1 & 2 of Binding Site Plan 2011-05, located at 3521 W. Court Street. The motion passed unanimously. E. Special Permit Goodwill in a C-1 District (Goodwill Industries) (MF# SP2012-019) Chairwoman Kempf read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit application for the location of a donation -based thrift shop in a C-1 (Retail Business) Zone. Mr. White explained that the only item staff had added since the previous staff report was a standard condition restricting light spillage to adjacent properties. -4- Commissioner Anderson moved, seconded by Commissioner Levin, to adopt findings of fact and conclusions therefrom as contained in the September 20, 2012 staff report. The motion passed unanimously. Commissioner Anderson moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Goodwill Industries of the Columbia Basin for location of a donation-based thrift shop on lot 1 of Binding Site Plan 2011 -05, located at 3521 W. Court Street, with conditions as listed in the September 20, 2012 staff report. The motion passed unanimously. PUBLIC HEARINGS: A. Special Permit Location of a thrift store in a C-1 Zone (Riverview Baptist Church) (MF# SP2012-020) Chairwoman Kempf read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit application for a donation-based thrift store in a C-1 Zone, located at 1208 N. 20th Avenue. Mr. White noted that there were two recommendations in the staff report; one is the standard recommendation to close the public hearing and schedule adoption of findings and conditions. However, after the staff report was prepared, staff noticed a slight error in the public hearing notice. Staff recommends the second motion on the report to continue the public hearing to allow the re -advertisement of the public hearing notice and to gather more information from the applicant regarding operational procedures of the proposal. Dr. John Paisley, 4805 W. Wernett, Lead Pastor for Riverview Baptist Church, spoke on behalf of his special permit application. To assist in paying for missionaries the church had the idea of a donation-based secondhand store. The church would have volunteers to assist with the intake of donations and cleaning of the clothes dropped off. The building for the store has been donated as well as a warehouse to store extra items dropped off. There will be a drop-off for Wednesday and Sunday services. There would be no drop-offs allowed outside of the secondhand store. Donations would be allowed at the store but only inside. Chairwoman Kempf asked Dr. Paisley if the store would be mostly consignment. Dr. Paisley clarified that it would not be consignment. It would strictly be donation- based only. Commissioner Anderson asked if items other than clothing would also be accepted as a donation, such as, furniture. -5- Dr. Paisley answered that they would accept any donation they coul d. They might have volunteers to pick up large items at the homes of people donating to deter drop - offs at the store or warehouse location. Commissioner Khan asked if the applicant had a chance to look over the approval conditions and if he agrees to them, primarily regarding signage pertaining to no drop- offs after-hours. Dr. Paisley answered yes to everything. Mr. White reminded the Planning Commission that the staff recommendation is that the Public Hearing be continued to October 18, 2012. With no further comments the public hearing was closed. Commissioner Anderson moved, seconded by Commissioner Levin, to continue the public hearing to the October 18, 2012 Planning Commissioner meeting. The motion passed unanimously. B. Preliminary Plat Preliminary Plat approval for Sunset Village (Dave Richards) (MF# PP2012-003) Chairwoman Kempf read the master file number and asked for comments from staff. Shane O’Neill, Planner I, discussed the preliminary plat for Sunset Village. The plan is for 26-lots with two tracts, consisting of 12 duplexes and 2 single -family homes. The site was recently rezoned from RT (Residential Transition) to R-3 (Medium Density Residential) with a concomitant agreement. That concomitant agreement limited the density to 30 dwelling units on the site with maximum building heights of 30 feet. The approval conditions in the staff report are standard for preliminary plats. Access for the 26-lots will come from Road 90 by way of private drive. One of the conditions is that a Home Owner’s Association be formed and maintained. Commissioner Hilliard requested clarification as to why the utilities for this site were private rather than through the city. Mr. O’Neill answered that the utilities will come from the city. David McDonald, City Planner, clarified that the site will be connected to both city sewer and water but because the water lines and sewer lines will be on private property with an easement, the developer or Home Owner’s Association will be responsible for the maintenance and upkeep of those lines. Commissioner Khan asked if the plan for 10 duplexes and 1 triplex was out of the question. Mr. McDonald answered that staff is not sure exactly what the developer is planning. It would allow for duplexes, triplexes or single-family homes. -6- Commissioner Hilliard asked a question regarding street access in regards to emergency vehicles. Mr. McDonald answered that the streets are designed the way that they are, as a “hammerhead”, to allow a large area for trucks to turn around and meets the standards for the Fire Department. John Laney, 1415 6th Street, Clarkston, WA, business partner to David Richards, spoke on behalf of the preliminary plat. The plans are to build some duplexes comparable to Mediterranean Village. Tom Russell, 8814 Wilshire Drive, asked a few questions and gave statements regarding the proposed preliminary plat. He stated that a meeting between the developer and the neighbors that was recommended by staff in previous meetings never took place. He asked staff if these duplexes will be condos or rental units and what the proposed “buffer” between the residential homes and the proposed plat will look like. Chairwoman Kempf answered that the buffer will be a strip of landscaping. Mr. Russell asked if the meeting for the night was to discuss building heights. Chairwoman Kempf answered that he can discuss building heights if he would like. Mr. Russell asked what the developers plans were for building heights since the neighbors are still unsure what the plans are for the development and have never seen any pictures or the plans. Chairwoman Kempf answered that the proposal is only for a preliminary plat and does not include many details. Rick White, Community & Economic Development Director, stated that the building height was restricted to 30 feet along with setbacks that have been accomplished on the north side of the plat with the 15 foot tract. There will still be a setback required equal to the height of the building on the lot itself. Mr. Russell asked again if the buildings are to be condos or rental units. Mr. White answered that the Pasco Municipal Code does not required that to be addressed by the Planning Commissioner. Single-family homes, duplexes and triplexes can all be rented. Property lines will go through each unit of the duplexes so that each unit could be purchased by different buyers. Mr. McDonald explained that the purpose for the plat being set up as it is for multi - family development is to be able to allow individual units to be sold, having ownership interest planned rather than rentals, however they could be rented just as someone in a single-family neighborhood could rent their house. Mr. Russell asked if it was a recommendation or a requirement to have an HOA for the development. -7- Mr. McDonald answered that it will be a plat requirement that they set up a Home Owner’s Association to maintain the common areas, private road, utilities and any other items they may wish. Mr. Russell stated that the geography is not flat. He asked if the land will fall once it is landscaped. Mr. McDonald answered that the geography will be determined once the applicant is farther into their engineering work which has not been completed yet. The roads will have to meet proper grades tying into the street at the proper elevation. Onc e into the property it may rise. Mr. Russell asked why the owner chose not to contact the neighbors to meet. Mr. McDonald stated that he did not know. It was a recommendation but not mandatory that the developer meet with the neighbors. Mr. Russell stated that the developer failed to show up and the neighborhood is very passionate about this application. Thirty people from the neighborhood have shown up to voice their opinions at previous meetings and it was disappointing for them that the developer did not take the recommendation to meet with them. With no further comments the public hearing was closed. Commissioner Khan moved, seconded by Commissioner Greenaway, to close the hearing on the proposed subdivision and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the October 18, 2012 meeting. The motion passed unanimously. Mr. White stated that this item will come back to the Planning Commission in October for the recommendation to City Council. Staff will most likely enhance some of the conditions, particularly landscaping, so that the plans are more definitive as well as some minor issues with the Home Owner’s Association for maintenance of the utility system. OTHER BUSINESS: A. Rezone Rezone from BP (Business Park) to C-3 (General Business) (Bill Dolsen) (MF# Z2012- 003) – Continued to October 18, 2012 Meeting Chairwoman Kempf read the master file number and asked for comments from staff. David McDonald, City Planner, explained the rezone from BP (Business Park) to C-3 (General Business). The applicant in this case is in the process of working with an engineer/architect to lay out design for the property with respect to the building. Because the location of the building and the orientation there was concern relative to the single-family residential neighborhood to the east. There may be conditions -8- attached to the rezone. The recommendation is to continue the hearing on this item to the October 18, 2012 meeting to allow more time. Commissioner Hilliard moved, seconded by Commissioner Greenaway, to continue the hearing on Master File # Z2012-003 to the October 18, 2012 meeting. The motion passed unanimously. WORKSHOP: A. Code Amendment Regional Commercial Zones (MF# CA2012-004) Chairwoman Kempf read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the workshop item of Regional Commercial Zones. Out of the code amendment process for the sale of secondhand goods, one of the outcomes was a series of quest ions regarding what specific purpose or benefit does the Regional Commercial zoning designation bring to the community. The memo to the Planning Commission contained current permitted uses in the CR Zone and questions for discussion. Commissioner Anderson asked if CR zones were eliminated if economic development would be impeded in those zones and force businesses to locate elsewhere in regards to auto dealerships. Mr. White explained that currently C-1 zones don’t allow auto dealerships outright but with a special permit process and there are restrictions, so if CR zoning was eliminated then there could be problems. Chairwoman Kempf stated that the CR zones are important, especially in the Road 100 and I-182 Interchange area and that area should remain zoned as CR. Commissioner Levin asked if CR zoning was appropriate for hotels. David McDonald, City Planner, answered that hotels are allowed in CR zones. Hotel franchisees have looked at the location on Road 100 over the years but have chosen not to locate there. Commissioner Anderson asked if the CR zone was expanded to the whole Road 100 area if it would enhance the marketability, for example for box stores. Mr. White answered that having CR zoning would enhance the area for uses that are in addition to those already included in the C-1 zone, particularly for auto and RV sales. A box store could go in a C-1 or CR zone. One of the questions to the Commission is if the right areas are zoned CR. Perhaps the area north of I-182 should also be zoned CR. Chairwoman Kempf asked if CR zoning included amusement and water parks. -9- Mr. White answered that in the memo to the Planning Commission, amusement, game and recreation centers are permitted uses in the CR zoning district. Commissioner Anderson stated that he would prefer to do whatever it would take to enhance the economic development of that area. If it would be beneficial to make it a CR zone to attract business then he would be in favor. He did not like the idea of having amusement, game and recreation centers included in CR zones because it could be a waste of that property because that area has greater potential. Commissioner Khan agreed with Commissioner Anderson but added that if the area is full of auto sales how beneficial that would be to the school and neighborhood area. She would like to see bakeries, hotels and other type of commercial activities. Commissioner Anderson added that auto dealerships bring in a good amount of tax income for little services needed so they are beneficial to the City, however, how many car dealerships are really needed. Commissioner Levin stated that he lives off of Road 100 and would personally like to see a coffee shop. Currently everything is located on Road 68 which is heavily trafficked. Retail use would be desired in that area. Commissioner Khan added that she didn’t see the value of completely eliminating the CR zoning if it is so close to C-1 zoning. Mr. White stated that general retail use can currently occur in CR zones. This particular site has been a puzzle for the community. The location is ideal in terms of freeway access but yet it has been hindered. There aren’t enough vehicle trips per day to lend them for making retailers invest in the area. Until that occurs, general retail business will probably not occur. Commissioner Levin asked if that was why the Broadmoor Outlet Mall where churches are located has not been successful in retail. Mr. White answered that retail does not generally do well all by itself. This property pretty much sits all by itself. Commissioner Hilliard stated that he always thought the layout of the outlet mall was visually unappealing and does not draw people into the mall. The Road 100 area needs to be kept the most inviting for marketability. The current zoning doesn’t have as many restrictions keeping it the most open. Chairwoman Kempf stated that it sounds like most of the Commissioners wish to keep the CR zoning in the I-182 Corridor but remove it from Court Street/Downtown. Mr. White asked if the Commission is interested in pursuing an analysis of the possibility of rezoning the north side of the Road 100/I-182 area to CR. Commissioner Hilliard and Commissioner Greenaway answered yes. -10- Chairwoman Kempf stated that if amusement parks are left in the CR zoning then she would like to see that area zoned C-1 on the north side of I-182. Mr. White suggested that the area to the north of I-182 could include the use as one that requires a special permit. Chairwoman Kempf said that would work. Commissioner Anderson stated that he would like to see an analysis as to what zoning would be the most inviting to the development in that area. With no other items to discuss, Mr. White thanked the Commission for their input. B. Code Amendment PMC Title 25 Amendments (MF# CA2011-006) Chairwoman Kempf read the master file number and asked for comments from staff. Shane O’Neill, Planner I, discussed the workshop item of PMC Title 25 Amendments. Many of the changes are perfunctory and grammatical. Some defini tions are included in the perfunctory revisions that are new. The residential zones have been revised in respect to family day care, mostly to be consistent with state law. Height and rear setback of accessory structures was also amended with the Planning Commission’s recommendation. Rick White, Community & Economic Development Director, added clarification on the height and rear setbacks of accessory structures. Commissioner Hilliard asked if the amendment to the accessory structures would only be for new structures, not structures currently standing. Mr. White responded that it would only be for new structures. Chairwoman Kempf asked if the reasoning for the amendment was to match the County’s code for accessory structures. Mr. O’Neill answered that the City is trying to match the County code. Commissioner Anderson stated that people should have the ability to build a structure that they could store their motor home in if that’s what they want to do yet you don’t want to overpower the neighborhood either. Commissioner Hilliard asked if the height could be set by use of a special permit. Mr. White said that would be one option but not by variance but a special permit would allow the Commissioner to look at the setbacks in particular and the design of the building. -11- Mr. O’Neill reminded the Commission that dancehalls and nightclubs are being added as a conditional use in a C-1 Zone to address the possible concern of their proximity to residential zones and uses. Commissioner Anderson asked if Pasco had any nightclubs. Mr. O’Neill answered that Pasco does have nightclubs. Mr. White added that there are roughly 4-6 nightclubs. Mr. O’Neill discussed Chairman Cruz’s recommendation regarding batch and asphalt plants. Staff focused on those recommendations to make sure they were correctly addressed. Clarification to the language was also made relating to commercia l landscaping standards to ensure landscape strips are located in the correct spot. Commissioner Hilliard asked if there were a drought situation, could the Planning Commission look at changing the rules on live vegetation in regards to the landscaping. Mr. O’Neill answered that the landscaping standards are typical for commercial landscapers and they would have automatic sprinkler systems. Currently the requirement is for 60% of all required landscaped areas to have live vegetation. The owners can choose to development in a drought tolerant condition. Mr. White stated that it is a big issue and with the rapid growth in Pasco it is not as easy to get water rights as some of the neighboring communities. The Public Works Department is looking at how the water is being used, trying to incentivize wise use of water. Commissioner Hilliard stated that as a Commission planning for the future, the live vegetation may need to be a restriction. With no further code amendments to discuss, Mr. White discussed future action on this workshop item. C. Zoning Riverview Zoning Determination (MF# ZD2012-001) Chairwoman Kempf read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed this workshop item. No action is needed for the night but staff wanted to alert the Planning Commission that the City is looking toward annexing a portion of the “donut hole” or Riverview Island Area. The annexation process requires the Planning Commission to determine the zoning for the area. Most of the area is zoned in the County as RS-20. There are few uses, if any, that are not in conformance. There are also some areas zoned R-2 and Commercial. The R-2 zoning seems to be a result of the County’s interpretation of the Pasco’s Comprehensive Plan. However, the areas zone R-2 -12- (Medium Density Residential) are actually developed with site built single -family homes on fairly large lots. The City has not receive d copies of the concomitant agreements yet from the County but staff believes that is what the agreement states, single-family homes will be built on fairly large lots. The question for the Planning Commission is should the zoning mirror the County zoning as closely as possible. The City on several occasions, as a matter of policy, has made it a priority to not impose changes in zoning as a result of annexation so that the residents have some assurance that what they are used to living with will be allowed to continue. From the staff prospective, the recommendation is for the Commission to adopt the zoning most closely matching the County’s zoning. There was going to be a special meeting scheduled for October 3, 2012. That meeting is no longer necessary as it will be held at the regular meeting on October 18, 2012. The issue will not be on annexation, strictly on zoning. With no further discussion or business, the Planning Commission was adjourned at 8:19 p.m. Respectfully submitted, ______________________________ Dave McDonald, City Planner