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HomeMy WebLinkAbout12-20-2012 Planning Commission Minutes- - 1 REGULAR MEETING December 20, 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 Kempf, that the minutes dated November 15, 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) Chairman Cruz read the master file number and asked for comments from staff. -2- Dave McDonald, City Planner, discussed the rezone application from BP (Business Park) to C-3 (General Business) with the intent of allowing a distribution facility on the property with conditions. He explained that this application had previously been continued to allow the applicant, Bill Dolsen, to work with an architect to layout a building on the property. The applicant now has a plan that will work with the property and staff has created a number of conditions for the concomitant agreement that would allow the rezone process to move forward for City Council’s consideration. Staff recommended the property be rezoned with the conditions listed in the attachment (revised motion) that was handed out to the Planning Commission prior to the meeting. The attachment was also provided to Mr. Dolsen. Mr. McDonald explained the additions related to the requirements for architectural features on the front of the building and clarification on landscaping. Mr. McDonald also pointed out that the conditions should also contain a limitation on uses such as heavy equipment sales and service, lumber yards and other uses in the C-3 zone of a non-retail nature. The agreement would be prepared to include the list of prohibited uses. The public hearing was opened to allow the applicant to make comment. With no public comments being provided the hearing was closed. Commissioner Anderson moved, seconded by Commissioner Khan, to adopt the findings of fact and conclusions therefrom as contained in the December 20, 2012 staff report. The motion passed unanimously. Commissioner Anderson moved, seconded by Commissioner Khan, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council approve the rezone from BP (Business Park) and C-3 (General Business), with a concomitant agreement with conditions as enumerated in the December 20, 2012 staff report including a limitation on non -retail uses as discussed. The motion passed unanimously. Staff explained that if no appeal is filed on the Planning Commission recommendation that matter would be forwarded to the City Council on the first regular meeting in January. B. Special Permit Location of a cellular antenna (AT&T) (MF# SP 2012-023) Chairman Cruz read the master file number and asked for comments from staff. Shane O’Neill, Planner I, stated the “Determination of No Hazard Air Navigation” issued by the FAA as mentioned in the written report was handed out to the Commissioners on the bench prior to the meeting. There were no other changes to the report or application since the previous meeting. Commissioner Hilliard moved, seconded by Commissioner Greenaway, to adopt the findings of fact and conclusions as contained in the December 20, 2012 staff report. The motion passed unanimously. -3- Commissioner Hilliard 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 AT&T for the location of a cellular antenna tower at 2600 North 20th Avenue with the conditions as contained in the December 20, 2012 staff report. The motion passed unanimously. C. Special Permit Location of a records storage facility (Lourdes Hospital) (MF# SP 2012-024) 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 records storage facility. The conditions in the staff report have been enhanced to reflect the discussion at the last Planning Commission meeting. Those conditions were forwarded to the representative of Lourdes Hospital. Commissioner Hilliard asked the applicant if he was in agreement with the conditions and the applicant responded that he was. The applicant had a concern about windows related to the HIPPA Laws. Mr. White responded that the windows can be adjusted to comply with HIPAA laws. And in fact don’t even have to be windows, rather a window substitute. Commissioner Khan moved, seconded by Commissioner Greenaway, to adopt the findings of fact and conclusions therefrom as contained in the December 20, 2012 staff report. The motion passed unanimously. Commissioner Khan 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 Lourdes Medical Center for location of a medical records storage building on Lots 7 & 8, BLK 1 of Sylvester Park Addition and the West 50; of the East ½ of Block “A” Gerry’s Addition, located at 414 W. Nixon Street, with conditions as listed in the December 20, 2012 staff report. The motion passed unanimously. D. 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. Rick White, Community & Economic Development Director, discussed the special permit for the location of a church in a C-1 Zone. The conditions as contained in the staff report make a distinction between those requirements necessary to comply with the International Building Code (IBC) and those conditions necessary to comply with parking and other features. The building code compliance conditions need to be in place before the building is used as a church. The other conditions may be complied with by this time next year. -4- Chairman Cruz asked if the conditions had been discussed with the applicant and if they were in agreement. Mr. White answered that staff had discussed the conditions with the applicant. Commissioner Kempf moved, seconded by Commissioner Anderson, to adopt the findings of fact and conclusions as contained in the December 20, 2012 staff report. The motion passed unanimously. Commissioner Kempf 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 Pasco Bible Missionary Church for the location of a church at 527 W. Bonneville Street with the conditions as contained in the December 20, 2012 staff report. The motion passed unanimously. E. Special Permit Location of a church in an R-2 Zone (Hugo Lozano) (MF# SP 2012-026) Chairman Cruz read the master file number and asked for comments from staff. Shane O’Neill, Planner I, stated the staff report was revised since the previous meeting to reflect the Planning Commission’s direction related to the compliance date. The applicant is agreeable to all of the conditions listed in the staff report. Commissioner Kempf moved, seconded by Commissioner Anderson, to adopt findings of fact and conclusions as contained in the December 20, 2012 staff report. The motion passed unanimously. Commissioner Kempf moved, seconded by Commissioner Hilliard, based on the findings of fact and conclusions that the Planning Commission recommend the City Council grant a special permit to Hugo Lozano to operate a church at 622 W. Clark Street with the conditions as contained in the December 20, 2012 staff report. The motion passed unanimously. 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, explained the proposed code amendments to Title 25 have been reviewed by the Planning Commission in several workshops and public hearings. There have been no changes since the previous meeting. Commissioner Anderson moved, seconded by Commission Khan, to adopt the proposed code amendments modifying PMC Title 25 as indicated in the staff memorandum dated December 20, 2012 (MF# CA2012-006). The motion passed unanimously. PUBLIC HEARINGS: -5- A. Special Permit Irrigation Pump Station (City of Pasco) (MF# SP 2012-027) Chairman Cruz read the master file number and asked for comments from staff. Shane O’Neill, Planner I, discussed the application for the location of a pump station in an RT (Residential Transition) Zone along Harris Road. The proposal is part of a larger project involving the construction of approximately 19,700 linear feet of domestic water and irrigation supply line. The current intake facility will be re-plumbed to pump irrigation water only and the new intake will be used for the intake of domestic water supply. This special permit request is linked to the current annexation near the river where a pump station will also be located. Pasco Municipal Code 25.86.020 (11) classifies the proposed utility structure as an “Unclassified Use” requiring special permit approval prior to the location anywhere in the city, regardless of zoning. The Engineering Department is requesting an expedited special permit review process. Mike Pawlak, City Engineer, 525 N. Third Avenue, spoke on behalf of the Public works Department. The project will enhance and further complete the City’s irrigation and water system within the city. The project is being accomplished in conjunction with agreements with the U.S. Bureau of Reclamation and includes approximately 11,000 feet of large diameter pipe which will run from the intake structure on the river along Harris Road and connect into the Broadmoor Pump Station. The pump station site currently under consideration is simply a booster pump station required to move the water along to the Broadmoor area where the water would be used. Commissioner Khan asked Mr. Pawlak why an expedited special permit process is needed. Mr. Pawlak answered that it is needed for the timing of the construction. They would like all of the permits and approvals in place to be able to advertise for construction bids after the first of the year in order to receive good bids. This allows for more competitive bids and would allow the entire project to be constructed, tested and ready for the 2014 season. Commissioner Hilliard asked for clarification on a building being moved. Mr. Pawlak answered that a building is not being moved. The pump station will be a new building, pre-packaged, with an architectural shell to comply with the standards in the area. With no further comments the public hearing closed. Commissioner Kempf moved, seconded by Commissioner Greenaway, to close the hearing on the proposed booster pump station 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. -6- Commissioner Kempf moved, seconded by Commissioner Anderson, to adopt findings of fact and conclusions therefrom contained in the December 20, 2012 staff report. The motion passed unanimously. Commissioner Kempf 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 City of Pasco for the location of a booster pump station in the 1110 Block of Harris Road (parcel #115-210-022) with conditions as listed in the December 20, 2012 staff report. The amended motion passed unanimously. WORKSHOP: A. Plan DNR Property Concept Plan Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the Department of Natural Resources (DNR) Property Concept Plan. The DNR property located south of I-182 and west of Road 86 contains roughly 350 acres and currently lease s the land to farmer. Both the City and Department of Natural Resources know the best interest of both agencies is not with a long term farm on the site. The City was in discussion with the Department of Natural Resources regarding special legislative approval in order to sell property. To help with that approval, the City offered to prepare a concept plan that would show the Department of Natural Resources what would happen to the property if it were to be developed. The Planning Commissioners received a draft of the Land Use Plan prepared by Makers Architect. The plan reflects the comprehensive plan designations that are currently in place. Makers estimated there was demand for approximately 50 acres of commercial ground. Enough to support two large box stores and perhaps a grocery store. There may also be a demand for additional small commercial. The property could support multi-family units and there would also be an elementary school, a community park and another park space. Mr. White stated that he recently met with DNR and that the plan itself was developed with input from City Staff and the School District. The Department of Natural Resources has no comment on the plan layout and isn’t too interested in the plan except to make them whole in some manner when it comes time to sell or exchange the land. Staff requested input from the Planning Commissioners on the plan. Chairman Cruz asked for clarification on current zoning in the area. Mr. White answered that it is zoned Residential Transition (RT) and the rezoning process would need to occur for the land to be used as the plan proposes. -7- Commissioner Hilliard suggested adding a second school site in the plan due to more growth around the area. He would also like to see more commercial in the plan due to the retail hub being in this area. Commissioner Khan supported more commercial but was concerned about traffic. Based on the proposed plan, much of the commercial would be right off of the exit ramp and could cause traffic problems. Commission Khan suggested pushing the commercial development further south to try and relieve traffic congestion. Commissioner Kempf stated that she would like to see more green areas, such as parks, for families to be outdoors. Chairman Cruz stated that he for the most part is in support of the plan. He would like to see more commercial along the boundary of I-182 and would like to see a potential overpass to alleviate traffic, and to have wide intersections to assist with access. Commissioner Anderson added that he would like to see more commercial along the freeway. A while back there was discussion for the location of Chapel Hill and the Planning Commission initially desired to have a meandering Chapel Hill where it meets Road 68 but City Council wanted Chapel Hill to parallel the freeway and then drop down to Road 68 because Council desired that corridor along the freeway to be commercial. Mr. White added that commercial zoning along the freeway was not viewed as being successful by Makers Architecture due to the entrances from the east and west being too far off from the travel paths and too much of driving through neighborhoods to get there. Commissioner Khan discussed the park space in the plan that could potentially be residential. She felt that the park space would be important and was in favor or more park space. Chairman Cruz added that there could be shared facility space wi th schools in the neighborhood. Commissioner Kempf stated that in terms of design for the roads she does not want to see a round-about due to possible congestion and the ability for trucks to get through the intersections. There were no further comments. B. Plan Automobile Repair in Commercial Zones Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the issue of automobile repair in commercial zones. City Council has asked the Planning Commission to take a look at developing an action plan with the input from affected -8- businesses and property owners to come up with a way to get voluntary compliance and to look at new codes that might be appropriate for development. In the memo to the Planning Commission a series of questions were given, such as:  Is the Planning Commission in favor of a committee approach to developing an action plan?  Currently the C-1 Zoning District allows no outdoor auto repair. Is that reasonable? If not, what is reasonable?  Should there be prohibition about using the public right-of-way associated with the businesses and/or operations or emergency repairs of automobiles?  Should a grace period be allowed for voluntary compliance that would be monitored by staff with Code Enforcement Board action if that grace period isn’t effective? Chairman Cruz stated that he was favored a pro-committee approach as it allows business owners to participate in the discussion. Commissioner Levin and Commissioner Khan were selected as committee members. Chairman Cruz asked for clarification on same day outdoor auto repair, using American Eagle as an example with their outdoor lift. Mr. White answered that there are no longer service stations in use but since there were at one time, many of them are now in C-1 Zones and have lifts. If a car can get in and serviced within one day’s time, that would be something considered minor to staff. The Planning Commission agreed that work completed in one day would be considered reasonable outdoors. Perhaps the amount of square feet and number of lifts could be limited. The Planning Commission agreed not to allow the use of the right -of-way for use of repair or storage of vehicles. Commissioner Hilliard commented in regards to allowing a grace period for businesses to be in compliance. He felt that they should be given plenty of time to work with the City. The Planning Commissioners were all in agreement on allowing a grace period. Commissioner Hilliard stated that 6 months would be a fair amount of grace period. Chairman Cruz reminded the Planning Commission that once the grace period is over then Code Enforcement could act fairly strong. -9- With no further discussion or business, the Planning Commission was adjourned at 7:55 p.m. Respectfully submitted, ______________________________ Dave McDonald, City Planner