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HomeMy WebLinkAbout10-18-2012 Planning Commission Minutes REGULAR MEETING October 18, 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. There were no declarations. 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 Greenaway moved, seconded by Commissioner Levin, that the minutes dated September 20, 2012 be approved as mailed. The motion passed unanimously. OLD BUSINESS: A. Rezone Rezone from BP (Business Park) to C-3 (General Business) (Bill Dolsen) (MF# Z2012- 003) - Continued to November 15, 2012 Meeting Chairman Cruz read the master file number and asked for comments from staff. -1- David McDonald, City Planner, discussed the status of this item. At the last regular meeting this item was continued for one month to allow staff time to meet with the applicant and his architect to work out issues of layout of their building on the property. Staff met with the architect and the applicant asked to have one more month to get a clearer picture on how the building will fit and from that staff will be able to create conditions for the rezone. Commissioner Anderson moved, seconded by Commissioner Kempf, to continue the deliberations until the November 15, 2012 meeting. The motion passed unanimously. B. Preliminary Plat Preliminary plat approval for Sunset Village (Dave Richards) (MF# PP2012-003) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the preliminary plat approval for Sunset Village. The plat is on Road 90, approximately 960 feet north of Sandifur Parkway, a little less than five acres, 26 lots and 2 tracts in the R-3 zoning district. Nothing has changed from the previous staff report in September with the exception of Condition #2, involving landscaping. That condition has been enhanced to include a deadline of installation of landscaping and more specific requirements related to those contained in the PMC. Condition #3 was also enhanced to include the private utility system as an item that will be maintained by the Home Owner's Association through the covenants, conditions and restrictions with the plat. Commissioner Anderson moved, seconded by Commissioner Greenaway, to adopt findings of fact and conclusions therefrom as contained in the October 18, 2012 staff report. The motion passed unanimously. Commissioner Anderson moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions, as adopted, that the Planning Commission recommend City Council approve a Preliminary Plat for the Sunset Village Subdivision with the conditions as listed in the October 18, 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) - Continued from September 20, 2012 Meeting Chairman Cruz 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 thrift store in a C-1 Zone. This is a continued public hearing from the September 20, 2012 meeting to allow additional testimony. The conditions, initial staff findings of fact and conditions have all been developed supporting approval of the proposal. -2- Pastor John Paisley, 4921 W. Wernett, briefly thanked the staff and Planning Commission for their consideration and stated that their store will support missionaries globally and that it will be completely non-profit. Commissioner Khan moved, seconded by Commissioner Hilliard, to adopt findings of fact and conclusions therefrom as contained in the October 18, 2012 staff report. The motion passed unanimously. Commissioner Khan moved, seconded by Commissioner Hilliard, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Riverview Baptist Church for location of donation- based thrift shop at 1208 N. 20th Ave, with conditions as listed in the October 18, 2012 staff report. The motion passed unanimously. B. Special Permit Location of a Level 1 Community Service Facility (Sol Educational Services) (MF# SP2012-0221 Chairman Cruz 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 Level 1 Community Service Facility. The Community Service Facility is an afterschool child tutoring center for as many as 40 students, which is an unclassified use which requires special permit approval in all zoning districts. The staff report describes the services that will be provided by the applicant and the report discusses the site location, the availability of public transit and the parking for those parents dropping off those students. The initial staff findings of fact and the conclusions that are required to be addressed have been formulated to support approval of the application. With no questions from the Planning Commission the public hearing was opened. Rolando Rodriguez, 7909 W. Dradie Street, spoke on behalf of his application. The special permit would allow for him to provide educational services, academic tutoring after school for children in math and reading from grade levels K-12 to help students meet grade requirements and to pass the state requirements to graduate. He said that it will also create jobs in Downtown Pasco. Commissioner Hilliard asked the applicant if he had any concerns with any of the conditions included in the staff report. Chairman Cruz briefly went over what some of those conditions were. Mr. Rodriguez answered that he did not have any concerns with those conditions. Commissioner Anderson moved, seconded by Commissioner Khan, to close the hearing on the proposed Sol Educational Youth Center and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the November 15, 2012 meeting. The motion passed unanimously. -3- C. Zoning Determination Zoning Determination of unincorporated property located in the Riverview Area IMF# ZD2012-0011 Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, explained that on June 18, 2012 the City Council adopted a resolution accepting a notice of intent to commence annexation proceedings for the Riverview Annexation Area #2. The 608 acre area was briefly described as was the zoning determination process. Mr. McDonald stated the purpose of the hearing was not to discuss the merits of annexation but only to develop a recommendation for zoning in the event the area is annexed. Mr. McDonald discussed the current zoning and land use found within the annexation area pointing out most of the area (90 percent) is currently zoned R-S-20. About 8 1/2 percent of the area is zoned R-2 (Medium Density Residential) and around 13 acres between Road 60 and Road 64 are zoned C-1. Most of the C-1 zoning is occupied by the mini-storage facility on the north side of Court Street, east of Road 64. When comparing County zoning with the actual land use with in the annexation area Mr. McDonald stated there were some anomalies the commission should be aware of. One of the anomalies is the Buttercreek Estates area. Buttercreek Estates was zoned R-2 by the County but was developed with single-family homes on half acre lots. The band of R-2 along Court Street is the same way, mostly developed with single-family homes. Mr. McDonald explained that zoning the properties R-2 would not provide the neighborhoods within the annexation area the protection people arc looking for with respect to maintaining the character of the neighborhood. R-2 zoning allows duplexes, triplexes and fourplexes to be built in addition to single-family homes. A good share of the R-2 zone within the County is zoned with a concomitant agreement restricting development to single-family however there are some developments that do not have agreements in place. There is no or simple or effective way for the City to go back and institute a concomitant agreement when so many property owners are involved. It was recommended these areas all be zoned R-S-20 The current County zoning map was reviewed along with a map showing recommended zoning for the area. Staff proposed zoning most properties R-S-20, including the Buttercreek Estates area and the other currently zoned R-2. The R-S-20 zone would provide the neighborhood with the protection the neighbors are looking to retain the current neighborhood character. Staff also recommended retaining some C- 1 zoning along Court Street including the mini-storage properties. There is on small lot on the south side of Court Street staff recommended be rezoned to R-S-20. The lot is only 11,000 square feet and not large enough for commercial development. -4- Commissioner Hilliard asked if staff had heard from the property owner of the parcel that is currently zoned C-1 that staff is recommending rezoning to residential. Mr. McDonald stated that he has not. Commissioner Levin asked if 90 percent of the Riverview Annexation area is R-S-20 and if the recommendation from the City is to keep the same zoning. Mr. McDonald answered that it is about 90 percent and that the City is recommending keeping the R-S-20 and rezoning the R-2 areas to R-S-20. Chairman Cruz stated that everything proposed is intended to keep or lower the density use. Mr. McDonald clarified the statement Chairman Cruz made by saying that all of the R- S-20 zoning will remain and the R-2 areas will be rezoned to RS-20 even the vacant lots. Rick White, Community & Economic Development Director, stated that with the County concomitant agreements, those properties zoned R-2 are not only limited to site built houses on large lots but they also incorporate the standards for animals that are present in R-S-20 zones Chairman Cruz stated that the City is recommending low-density zoning consistent with the current use of the area. Commissioner Khan asked if the lots smaller than 20,000 square feet would also be zoned R-S-20. Mr. McDonald answered they lots would be zoned R-S-20 as a non-conforming lots but would be legal lots, meaning if the building was damaged it could be rebuilt. Commissioner Hilliard asked if there have been any duplexes built at this time in Buttercreek. Mr. McDonald answered that it is all single-family homes. Chairman Cruz asked if there is any commercial bias towards expanding the commercial node at Road 68 and Court Street. Mr. McDonald answered that Road 68 isn't in the proposed annexation area. Chairman Cruz asked then if the commercial area in the annexation area would have large stores, such as Walmart. It is going to be smaller retail, not a large commercial hub in that area. Mr. McDonald answered that is correct. With no further questions from the Planning Commission the public hearing was opened. -5- Steven Schlegel, 9304 W. Richardson Road, stated that the proposed zoning seems proper and maintains the feeling of the area. Les Litzenberger, 6105 W. Argent Road, spoke in support of the proposed zoning. Maintaining RS-20 zoning is ideal for the area. Rick Weiss, 6617 Buttercreek Court, stated that R-S-20 zoning would be great. The neighborhood was concerned about high-rises being built in a field next to them so the R-S-20 zone would stop that from happening. Mr. Weiss asked a question about the process and Planning Commission. Chairman Cruz answered that the Planning Commission represents the citizens of the City of Pasco looking at things such as zoning, special permits and codes. The Planning Commission's recommendation then goes to City Council and they debate and make the actual decision. Pam Kelly, 8414 W. Bell Street, stated she did not live in the proposed annexation area but wanted to voice her support. The proposed zoning looks good but she was concerned that the zoning would change after the annexation. She asked if it would be possible for the zoning to change. Commissioner Anderson answered that he has been through two annexations personally. In both cases the zoning has remained the way the City had zoned the area. Mr. White stated that the City cannot stop a person from requesting a zone change. However, there would be public hearings that would be well publicized. The goal is to maintain the character of the neighborhood but staff cannot stop people for applying for something else. Leonard Harms, 1705 Road 64, stated that he has been following the annexation process and was part of the twelve member annexation team that met to look at the overall comparison between County and City. The proposed zoning was a high level interest. After the presentation from staff most of the questions have been answered that he has heard expressed. Jeff Hendler, 3016 Road 56, asked why 22,000 square feet is required for wells, sewer and septic tanks since he's been hearing that number. At 20,000 square feet, the minimum for R-S-20 zoning, that doesn't meet that requirement. Mr. McDonald answered that the Benton Franklin Health District set the requirement for septic tanks. Through the platting process developers have to make their lots the proper sizes for septic tanks. Mr. McDonald also said that 22,000 square feet is also the minimum for a horse or a cow. Rick Dunbar, 3112 Chardonnay Drive, voiced concern about the R-S-20 zoning. He said the City recommends keeping similar zoning as the County but he feels that the City looks a lot denser than the annexation area. He feels that eventually smaller lots -6- would be developed in the area if it's annexed. He stated that many people really wanted the opportunity to vote on annexation. Chairman Cruz stated that concern was incorrect. The lot sizes would have to remain 20,000 square feet unless someone applied for a change in zoning which would be a public process advertised with public hearings. The City does not intend to make the area high density. Alicia Chabrier, 2909 N. Road 76, asked if the City Council might not take the recommendation of the Planning Commission. Chairman Cruz answered sometimes they do not take the recommendations of the Planning Commission but they are required to consider the testimony developed at the Planning Commission Meetings in their decision making process. Mr. McDonald added that of the 22 annexations that have preceded the current one, there has only been one case where the City Council and the Planning Commission disagreed on zoning. The Planning Commission recommended R-S-12 and during the course of the annexation hearing the City Council zoned it R-S-20. Leonard Harms, 1705 Road 64, spoke on the lot size requirement by the Benton Franklin Health District. While a half acre is their minimum size, that is net size. If there are any easements on that property they have to be considered as not part of the half acre. Oftentimes the lots need to be more than the a half acre because of irrigation easements and wells. With no further comments the public hearing was closed. Commissioner Khan moved, seconded by Commissioner Greenaway, to adopt the findings of fact as contained in the October 18, 2012 staff report. The motion passed unanimously. Commissioner Khan moved, seconded by Commissioner Greenaway, based on the findings of fact as adopted, the Planning Commission recommend the City Council zone the Riverview Annexation Area to R-S-20, R-2 and C-1 as indicated on the zoning map identified as Exhibit #1 attached to the October 18, 2012 staff report. The motion passed unanimously. D. Zoning Determination Zoning Determination of unincorporated property located at I-182 Water Intake Facility (MF# ANX2012-002) Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed the zoning determination of unincorporated property located at the I-182 Water Intake Facility. The City Council recently passed a resolution that accepted a notice of intent to annex a small piece of property just -7- northerly of the Pasco/Richland Bridge along Court Street. This is a small property that the City recently purchased that is needed for water intake facilities for the City's water work system. That property will most likely be annexed by the end of the year. Zoning designation needs to be applied to that property prior to annexation. The property is all located north of I-182. In the county it is currently zoned RT (Residential Transition). Staff is recommending that it remains zoned as RT at the present time to match the County. In the future it will mostly likely be rezoned. There will also need to be a shoreline permit application and perhaps a special permit for the facilities that will be located on this lot, whether it is zoned RS-20 or RT. Steven Schlegel, 9304 W. Richardson Road, asked for clarification on the possible zoning change and what the plans are by the City for that property. Mr. McDonald answered that the City is planning to expand the ability of withdrawing water from the river for the City water system. The City already has an intake pump and facility under the bridge and it needs to be enhanced and enlarged. A number of pipes will need to be run from the river up to Court Street and then down to the water plant. To be able to control what happens to that property the City needs to annex it. Once it is annexed and the proper permits are obtained, the Public Works Department will then get a contract to have the equipment installed. Mr. Schlegel asked for clarification on the location of the water intake and the location of the lot. Mr. McDonald answered that the water intake itself will be in the river but the piping to carry the water to the water intake facility will be underground through the proposed site. Mr. Schlegel asked if the Planning Commission knew the property was included in the incorporation petition that the County has received and have certified that there are an adequate amount of signatures for a vote and that it cannot be annexed without a vote. Rick White, Community & Economic Development Director, stated that is incorrect. The annexation petition was filed October 3, 2012. The state law regarding incorporation and annexation gives an adjacent city 90 days from the filing of the petition to initiate annexation efforts for any property contained within the incorporation petition. Essentially, Pasco has 90 days from October 3, 2012 to initiate annexation. The reason the Planning Commission is considering zoning designation is because that needs to be determined prior to annexation. With no further questions or comments the public hearing was closed. Commissioner Levin moved, seconded by Commissioner Khan, to adopt the findings of fact as contained in the October 18, 2012 staff report. The motion passed unanimously. -8- Commissioner Levin moved, seconded by Commissioner Anderson, based on findings of fact as adopted, the Planning Commission recommend the City Council zone the Water Intake Annexation Area to RT. The motion passed unanimously. With no further discussion or business, the Planning Commission was adjourned at 8:05 p.m. Respectfully submitted, Dave McDonald, City Planner -9-