Loading...
HomeMy WebLinkAbout11-15-2012 Planning Commission Minutes- - 1 REGULAR MEETING November 15, 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 Hilliard, that the minutes dated October 18, 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 December 20, 2012 Meeting -2- Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed the status of this item and explained that the applicant needed more time. Commissioner Khan moved, seconded by Commissioner Greenaway, to continue the deliberations until the December 20, 2012 meeting. The motion passed unanimously. B. Special Permit Location of a Level 1 Community Service Facility (Sol Educational Services) (MF# SP 2012-022) Chairman Cruz read the master file number and asked for comments from staff. Shane O’Neill, Planner I, discussed the special permit for the location of a Level 1 Community Service Facility. He stated that the re have been no changes since the previous staff report. Commissioner Kempf moved, seconded by Commissioner Greenaway, to adopt findings of fact and conclusions as contained in the November 15, 2012 staff report. The motion passed unanimously. Commissioner Kempf moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions that the Planning Commission recommend the City Council grant a special permit to Sol Case Management for the location of a tutoring center at 117 S. 3rd Avenue with the conditions as contained in the November 15, 2012 staff report. The motion passed unanimously. PUBLIC HEARINGS: A. Special Permit Location of a cellular antennae (AT&T) (MF# SP 2012-023) Chairman Cruz read the master file number and asked for comments from staff. Shane O’Neill, Planner I, reviewed the application for the location of a cellular antennae tower on top of the administrative building at the Columbia Basin College. Mr. O’Neill explained the proposal is similar to the tower and antennae that currently exists on the same building. The provision of the Municipal Code dealing with wireless communication facilities were review along with the information contained in the written report. Commissioner Khan asked if the existing cell phone tower belonged to AT&T. Mr. O’Neill answered it did not. Commissioner Hilliard asked if the applicant would have to come back to the Planning Commission if they wanted to change the height of the tower. -3- Mr. O’Neill answered that if the applicant increased the height of the tower it would be considered expansion and they would have to come back to the Planning Commission for a special permit. David McDonald, City Planner, explained that the cellular tower located west of the CBC ball field was required to come back to the Planning Commission when the owners wanted to add 20 more feet to the tower. The tower is located on CBC property. Marianne Boring, P.O. Box 2123, Richland, WA, spoke on behalf of the applicant. She clarified for the Planning Commission that the existing cellular antennae bel ongs to Franklin PUD. Commissioner Khan asked the applicant how the site at Columbia Basin College was selected. Ms. Boring responded that there is a coverage gap and not enough capacity with their existing system to cover the number of students making calls along with people at the airport making calls. Commissioner Levin asked the applicant if she accepted the tentative approval conditions. Ms. Boring answered that she accepts the conditions. Commissioner Khan asked if Columbia Basin College is paid for the use of their site for the tower. Ms. Boring answered that AT&T will be paying a monthly lease. With no further questions or comments the public hearing closed. Commissioner Kempf moved, seconded by Commissioner Levin, 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 December 20, 2012 meeting. The motion passed unanimously. B. Special Permit Location of a records storage facility (Lourdes Hospital) (MF# SP2012-024) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, presented the application for the location of a medical records storage building in an R-3 Zone at 414 W Nixon Street. Mr. White explained why the special permit review was necessary. Staff analyzed the special permit request and based on the conclusions that are required through PMC 25.86, stated there were some concerns regarding a large amount of public investment that has occurred in the area and how the proposed storage building would support that investment. After explaining those concerns to -4- applicant Lourdes attempted to minimize the effect of a storage building by revising the building materials to minimize impacts on the neighborhood. Staff recommended some additional conditions for this special permit application. The tentative approval conditions in the staff report were intentionally vague to allow staff to receive the input from the Planning Commission on conditions that would spell out necessary design features to help improve the compatibility with the existing neighborhood and complement the park across the street. Chairman Cruz asked for clarification on the aesthetics of the building and the materials to be used. Mr. White answered that the building should include design features that complement the neighborhood. Dan Ellsworth, 11 Clover Lane, Pasco spoke on behalf of the special permit application. He explained the need Lourdes has to expand and get their records out of the hospital to make more room for patient care and other programs. They are willing within reason to make the storage building to blend in with the neighborhood. Chairman Cruz asked the applicant what surface finishes are intended to be used on the building. Mr. Ellsworth answered that the building will be 35 X 95 with the 5/12 roof pitch. They might use a stick building instead of steel which will give more options with siding and making the building appear more residential. Chairman Cruz asked if the building would be stucco with steel panels. Mr. Ellsworth stated that he would have to defer to their architect. Renata Presby, 209 Broadmoor, Richland, WA spoke on behalf of Mr. Ellsworth as his architect from Meier Architecture/Engineering. She stated that she is willing to work with the City to make a design aesthetically pleasing to the neighborhood. The original design of the building called for metal siding to reduce costs. Commissioner Levin asked the applicant to clarify what is currently located on the property. Mr. Ellsworth answered a metal container is on the property which will be moved. Commissioner Hilliard stated that a metal building would be fine as long as there was some architectural work done to make the building blend in with the neighborhood. He also stated that the landscaping should match the landscaping of the hospital. Mr. Ellsworth stated that landscaping would not be a problem. Commissioner Hilliard felt that a wood structure doesn’t have to be a goal since the budget is important as long as the building turns out appealing. -5- Chairman Cruz stated that the design of the building needed to be more specific. The surrounding area includes City Hall, Lourdes and Volunteer Park. A steel building in this area would not look right in the neighborhood. Something along the lines of stucco would break up the metal and be a better compromise within a budget. A wood sided building might be more costly. A diversity of materials and landscaping would help make the area harmonious. Mr. Ellsworth responded that he would rather stay with the steel building because it works best for records storage and best for the budget. Chairman Cruz was in agreement that the bulk of the building could be in steel however the details should be in a material other than steel. Commissioner Hilliard added that brick could be used just on the lower three feet of the front and back of the building to break up the surface plane. Chairman Cruz agreed that something to break up the steel surface area would work. Commissioner Kempf mentioned that there is an example of a steel building with other materials at Mail by the Mall in Kennewick that is steel with faux stone around the bottom and sides. Ms. Presby said that they could do 25 percent of the building in material other than steel. Commissioner Levin asked staff if there had been any questions or comments from people in the neighborhood of the proposed storage building. Mr. White answered that he was unaware of any comments. With no further comments the public hearing closed. Commissioner Hilliard asked the applicant and their architect to look at breaking up the steel building with other materials to make the building match the character of the neighborhood. Chairman Cruz agreed and added that there should be diversity in the surface structure and landscaping. Commissioner Levin moved, seconded by Commissioner Khan, to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City council for the December 20, 2012 Planning Commission meeting. The motion passed unanimously. C. Special Permit Location of a church in a C-1 Zone (Pasco Bible Missionary Church) (MF# SP 2012-025) Chairman Cruz read the master file number and asked for comments from staff. -6- Rick White, Community & Economic Development Director, reviewed the special permit application for the location of a church in a C-1 Zone. The proposed church was built as a home and is currently being used as a church without the benefit of a special permit. Mr. White explained there were a number of concerns related to the use of the existing house at 527 West Bonneville Street for a church. One of those concerns was the lack of off-street parking available on the site, which currently only has space for one vehicle. According to the application the church has 22 parishioners on average that attend services. If parking standards are applied to that number there would be a requirement of at least six off-street parking spaces necessary. There are some parking spaces located on the street but that parking is used by the church across the street. Another concern is the use of a home for a church in terms of the International Building Code (IBC) and American with Disabilities Act (ADA) standards. Mr. White reviewed the written report and tentative approval conditions. Some of the tentative approval conditions include: the church must comply with all requirements of the IBC for an “A” occupancy prior to occupancy by the church; any residential uses shall be restricted to the second floor of the building; the building, including entrances and restrooms, must be ADA compliant prior to occupancy by the church; sufficient on-site parking must be provided for the maximum possible occupancy based on the capacity of the main worship area. A tentative approval condition should be added regarding conformance with IBC about the use of the basement. Without entrances to the basement it could not be used for services, classroom or nursery. Chairman Cruz asked if the applicant could dig a second exit in the basement along with the existing exit to count as the two exists that would be required. Mr. White answered it was possible. Commissioner Hilliard asked if any complaints have been received on parking. Mr. White answered that staff had not received any complaints. Commissioner Hilliard stated that many of the churches the Planning Commission has seen lacked parking so that wasn’t a big concern of his. His largest concern was the access of the building and the ability of it to meet building code. Commissioner Levin requested clarification on the location of the one parking spot for the church. Mr. White answered that it is a concrete pad along the alley and isn’t designed as a parking stall. Commissioner Levin stated that he receives a lot of calls regarding people parking in alley ways so this could be a concern. John Kinnaman, 321-38 Henriot Rd, Winlock, WA spoke on behalf of the Pas co Bible Missionary Church. He explained the church was unaware of the need for a special permit and his knowledge of the property is limited and the pastor has only been with the church for one year. The church tried to get a permit for a wheelchair ramp -7- through the City and that is when they found out they had to have a special permit to operate their church. The building is used as a dual purpose building, meaning there are services held in the building and the pastor and his wife live in the basement. To his knowledge, there has never been a problem with parking or any other complaints. Chairman Cruz stated that the Planning Commission is concerned with getting the applicant the requirements they need to be able to move forward and continue to operate at their site location. The ADA requirements will mean wide bathroom doors, ramps and some other things that might be costly. Chairman Cruz asked what the current congregation is on an average Sunday. Mr. Kinnaman answered that 22 is the average number of people who attend. Chairman Cruz then asked what the capacity is at the church. Mr. Kinnaman stated that he needed to defer that to the pastor. Pastor Ernesto Suarez, 527 W. Bonneville Street, answered that their capacity was close to 60-70 people. That is not how many people they’ve had it is just how many they can hold. On average only 30 attend in the morning and 20 in the evening. There are more children than adults. Chairman Cruz stated that if there were only 20-30 people then parking might not be an issue but since the capacity is 60-70 then parking could become an issue. Commissioner Hilliard told the applicant they would likely have to get architect to help them out with what they need to have done. Chairman Cruz agreed that architect would most likely be needed. The special permit would require all modifications be completed before the building could be occupied. Commissioner Levin asked if the tentative approval conditions have to be fulfilled o r obligated. Chairman Cruz answered that yes, if they want the special permit then those conditions must be met. Commissioner Khan asked staff if the church could work with a local business to share parking since there isn’t room to build parking. If so, that would a one possible way the applicant could handle the parking situation. Mr. White answered that the zoning code does have a provision for the arrangement mentioned. Pastor Suarez added that on average only three cars parked outside of the build ing. Their desire is to grow as a church then they would want to relocate to a more formal location to accommodate more people. -8- Chairman Cruz stated that the Planning Commission is trying to come up with ways to help and the idea Commissioner Khan had mentioned might be one of the ways to work around the parking. Commissioner Greenaway asked the applicant if they own the building or if they are renting the building. Mr. Kinnaman answered that they own the building. Commissioner Hilliard stated that he would limit the capacity of the church if possible since it is a small facility – 30 or less maximum capacity. David McDonald, City Planner, responded that it is possible to limit the capacity of the building but the problem lies in the enforcement. There is no way of knowing if they have more people in the building without sending City staff to inspect on Sundays. Chairman Cruz said if the congregation grew to the size where it became a nuisance, citizens would call the City. He was more concerned with the restrooms, doorways and ramps meeting ADA standards and other building codes. Commissioner Khan asked if it was possible to give them time to apply for a special permit for shared parking with a local business. Chairman Cruz answered that they typically have less than six months for the building permit. Mr. McDonald stated that it has varied in the past depending on the size of the church and the magnitude of items that need to be taken care of. It could range from six months to longer than a year. Chairman Cruz stated that it might not be viable to use the building as a church after all of the costs are incurred to bring the building up to code. In the future, if services are still being held without a permit then the church would be subject to code enforcement. Mr. Kinnaman asked if the church will be given a specific amount of time to bring things to code and if they can operate while working with the City. Mr. White answered that as long as the church is making a good faith attempt to come into compliance they can hold services while the City works with them. With no further comments the public hearing closed. Commissioner Hilliard stated that an inspection should be required and architect drawings to allow staff to be able to make decisions. Capacity is the first thing that he would like to look at and the ADA requirements. Chairman Cruz added that the applicant would have to come to the Building Department to get occupancy, and in order to get occupancy all work would have to be -9- completed by June 31, 2013. Time can be flexible however the improvements should not be flexible. Commissioner Hilliard suggested that the capacity could be limited to help with parking or no limit on capacity if they get a special permit to share parking with another business. Chairman Cruz stated that the Planning Commission could leave the conditions as is. The conditions could say sufficient onsite parking or other agreement must be obtained to provide that maximum worship capacity. The other Commissioners agreed to have a condition for parking to read that sufficient onsite parking or other agreement must be obtained. Chairman Cruz asked the commissioners how they felt about the work being completed by June 31, 2013. Commissioner Greenaway thought that they should be given more time since they were a small group. Commissioner Hilliard asked if they could come back for an extension if they were working in good faith with the City. Mr. White answered that it would be better to set a longer period to start because staff cannot alter the conditions. It could come back to the Planning Commission but it would be better to just extend the date now. Commissioner Hilliard suggested that they are given a year. The commissioners were unanimous that a year would be enough time to be in compliance with the conditions. Commissioner Khan asked if they were allowed to hold services while they work on compliance. Chairman Cruz answered that as long as the church is making efforts to work with the City they can hold services. Chairman Cruz then stated that the basement of the building could be addressed in the conditions such as two exits getting out of the basement. Commissioner Hilliard moved, seconded by Commissioner Greenaway, to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the December 20, 2012 meeting. The motion passed unanimously. D. Special Permit Location of a church in an R-2 Zone (Hugo Lozano) (MF# SP 2012-025) Chairman Cruz read the master file number and asked for comments from staff. -10- Shane O’Neill, Planner I, explained the church at 622 W. Clark recently applied for a building permit which identified the need for special permit. Mr. O’Neill provided some historical background information on the past special permit that was issued for a different church in 1991 also reviewed the written report. Hugo Lozano, 622 W. Clark Street, spoke on behalf of the church. He stated that the church is currently in use and there is plenty of space for parking. Chairman Cruz responded that parking would not likely be an issue but the requirements for ADA improvements and other building code upgrades may be. He asked the applicant if he had discussed those requirements with staff. David McDonald, City Planner, stated that many of the ADA and building code updates may have already been completed from the prior special permit process. Between being a house and a church this building was also an office. Chairman Cruz asked the applicant if there are any conditions that he can’t work with, such as, parking must be available, must comply with the building code, the entrances and restrooms must be ADA compliant and an occupancy certificate must be obtained by March of 2013 which would mean all of the work would need to be done by March of 2013. Mr. Lozano stated that he is fine with the conditions. They are in the process of being in compliance. Commissioner Greenaway asked if the timeframe could be extended until May of 2013 to get their certificate of occupancy due to the winter coming up. Chairman Cruz answered that he wouldn’t have a problem extending the timeframe. With no further comments the public hearing closed. Rick White, Community & Economic Development Director, suggested extending the timeframe to June 2013 to be consistent with the other special permit application. Commissioner Levin asked if the completion date would be June 1st or June 30th. Chairman Cruz stated that the completion date should be July 1, 2013 to make it easiest on the applicant. The fellow commissioners agreed. Commissioner Hilliard moved, seconded by Commissioner Greenaway, to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the December 20, 2012 meeting. The motion passed unanimously. E. Zoning Determination Zoning determination of an unincorporated property located at Kahlotus Hwy/Commercial Ave (MF# ZD 2012-003) -11- Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, explained the proposal to annex approximately 546 acres of land located east of SR 12 on the north and south side of the Kahlotus Highway. Property owners are currently working on a petition for the annexation. Part of the annexation process requires the Planning Commission to develop a recommendation for the City Council for zoning in the event the properties in question become annexed to the City. Staff is anticipating annexation by the end of 2012 or January 2013. The Planning Commission explained the Planning commission needed to consider the Comprehensive Plan designations, the policies of the plan, current land use and current County zoning when developing a recommendation for zoning. The current zoning of the proposed properties is split between two different County Zoning Districts; the I-3 (Heavy Industrial) and I-2 (Medium Industrial) Districts. Most of the properties within this area are developed for industrial use, more in line with I -1 zoning rather than I-2 or I-3. The County does not have an I-1 Zoning District in their zoning regulations. In the City’s zoning regulations the I-3 Zoning District is set aside specifically for the Port of Pasco which is the only area that can be zoned I-3. The difference between I-1 and I-2 is that the I-2 District allows salvage yards and junk yards without any restrictions other than the development standards in the zoning code. The I-2 District also permits some enhanced food processing relating to the rendering of meats, fats and oils. The current uses in the proposed area are mainly I-1 District type uses. There are two food processors, a large substation owned by Bonneville Power, there are a number of trucking firms, a small fertilizer/bio-chemical company that provides services to the agriculture industry, three potato shed warehouses and a couple of homes. Staff would recommend I-1 zoning for the area, which would allow everything to continue and existing uses would be able to expand. Chairman Cruz agreed with staff that the area should be zoned as I-1 (Light Industrial). The fellow commissioners agreed. The public hearing was opened but with no questions or comments it closed. Mr. McDonald also added that he and Rick White, Community & Economic Development Director, met with property owners to go over any zoning questions with them and as far as they are aware there isn’t any objection to the Industrial Zoning that is being proposed. Staff does not see the proposed zoning disruptin g any of the current uses. Commissioner Greenaway moved, seconded by Commissioner Khan, to adopt the findings of fact as contained in the November 15, 2012 staff report. The motion passed unanimously. Commissioner Greenaway moved, seconded by Commissioner Kempf, based on the findings of fact as adopted, the Planning Commission recommend the City Council zone the Comercial/Kahlotus Annexation Area, I-1 (Light Industrial) upon annexation. The motion passed unanimously. -12- F. Code Amendment Title 25 Revisions (MF# CA 2011-006) Chairman Cruz read the master file number and asked for comments from staff. Shane O’Neill, Planner I, reviewed the proposed code amendments pertaining to Title 25. Mr. O’Neill explained the proposed amendments had been discussed by the Planning Commission several times. Various changes were highlighted including height and rear setbacks for accessory structures in suburban zones. The Planning Commission indicated that the new code should match the County with respect to accessory structures. Some of the other proposed changes to the code discussed by Mr. O’Neill pertained to dancehalls and nightclubs needing special permit review in C-1 Zones, and limitations on the location car washes with respect to locations near residential areas. Changes in I-1 Zones included provisions for kennels for dog breeding or rescue kennels. Clarification was also provided for the process of approving caretaker’s residences and how concrete and asphalt mix plants would be treated. Chairman Cruz briefly comment on proposed changes to the code in regards to hot mix plants. Rick White, Community & Economic Development Director, responded that the change was due to the plants wanting to locate on the same site as the mineral source regardless of the zoning. The public hearing was opened but with no questions or comments the hearing closed. Following little additional discussion related to accessory structures Commissioner Kempf moved, seconded by Commissioner Levin, to close the hearing on the proposed code amendment and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the December 20, 2012 meeting. The motion passed unanimously. WORKSHOP: G. Code Amendment Regional Commercial Zones (MF# CA 2012- 009) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the code amendment proposal regarding the Regional Commercial (CR) Zones. There are currently two CR Zones in Pasco; one at the intersection at Road 100 and I-182 and the other at Riverview Plaza on West Court Street. Options for Planning Commission consideration include; (A) Initiate the rezone application process for the area north of I-182 and west of the Outlet Mall from C-1 to CR, (B) Initiate the rezone application process for Riverview Plaza from CR to C-1 and -13- (C) Initiate a code amendment process allowing amusement, game, recreation centers and driving ranges in the CR Zone through the special permit process. Chairman Cruz agreed with recommendation (A) and (C) but did not have a strong opinion about recommendation (B). Commissioner Hilliard asked Chairman Cruz why he wasn’t strong about recommendation (B). Chairman Cruz answered that it is because of where the applicant stands because he isn’t sure if the current property owner would support the rezone. He would like to see staff approach the property owner to get their opinion. The fellow commissioners agreed with Chairman Cruz. With no further discussion or business, the Planning Commission was adjourned at 8:43 p.m. Respectfully submitted, ______________________________ Dave McDonald, City Planner