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HomeMy WebLinkAbout01-17-2013 Planning Commission Minutes- - 1 REGULAR MEETING January 17, 2013 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 question regarding the items to be discussed this evening. There were no objections. ADMINISTERING THE OATH: Chairman Cruz explained that state law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Chairman Cruz swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Anderson moved, seconded by Commissioner Greenaway, that the minutes dated December 20, 2012 be approved as mailed. The motion passed unanimously. PUBLIC HEARINGS: A. Special Permit Location of a Childcare Facility in a C-1 District (Elodia Gutierrez) (MF# SP 2012-028) Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed the special permit for the location of a childcare facility in a C-1 District. -2- There have been two special permits granted for this property over the years, both for a daycare facility. The building has been remodeled, the playground installed and the facility meets all state standards for a daycare. The applicant applied for this special permit because the previous special permits were personal to the applicant and not the property. Chairman Cruz asked if the applicant has had a chance to review the approval conditions prior to the meeting. Mr. McDonald answered that the staff report had been mailed to the applicant. The public hearing opened but with no questions or comments the public hearing closed. Commissioner Anderson moved, seconded by Commissioner Levin, to close the public hearing and schedule deliberations for City Council for the February 21, 2013 meeting. The motion passed unanimously. B. Rezone Rezone from C-1 (Retail Business) to R-3 (Medium Density Residential) (Michael & Mindy Newton) (MF# Z 2012-005) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the rezone from C-1 (Retail Business) to R-3 (Medium Density Residential). The property currently contains approximate .24 acres and contains a residential tri - plex. The applicant wishes to rezone the property because it is currently a non - conforming use in the C-1 Zoning District. Zoning records indicate that it has been zoned C-1 for at least 33 or more years but in the early 1980’s residential uses were removed from those permitted in the C-1 Zone, thus establishing its non-conformity. The City of Pasco’s Comprehensive Plan shows this area to be within a mixed residential land use designation which allows for a variety of residential land uses. Commissioner Levin asked what the applicant wishes to do with the property after it is rezoned. Mr. White answered that the applicant would either like to refinance or sell the property. There are difficulties with lending institutions when a property is non - conforming. The public hearing opened and a representative of the applicant spoke. Thadd, Williams, 529 N. Montana Street, Kennewick, WA spoke on behalf of the applicant as their realtor. The property is under contract but the process has been slowed down due to the lending process with the property being in non-conformance. -3- The public hearing closed. Commissioner Khan 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 February 21, 2013 meeting. The motion passed unanimously. WORKSHOP: A. Code Amendment Automobile Repair in Commercial Zones Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, reviewed the proposal and explained Commissioner Levin and Khan had been selected to be on the committee for this project however there have been no volunteers from the business community to be on the committee. Notices of the public meeting were mailed to the responsible party for the business license and the landowner in hopes of starting a public dialog. Mr. White reviewed a series of slides showing the extent of the problem of outside auto repair work along with the storage of vehicles in various states of disrepair. The Planning Commissioners were given a revised inventory list of automobile repair shops and whether or not they were in conformance with the regulations. The inventory process has been ongoing since last June and the extent of the problem is far less severe than it was in June, most likely due to the colder weather. In the past discussion the Commissioners favored some degree of outdoor auto repair in the C-1 Zoning District, yet to be defined, but most likely minor or insignificant auto repair. The Commission was in favor of retaining the prohibition of using the right-of-way for auto storage, parking or work. They were also in favor of the committee approach to solving the problem. Chairman Cruz asked members of the audience if they had any input. Richard Desjarlais, owner of American Eagle Muffler, voiced concern as to what the City would like him and his business to do to be in compliance. Chairman Cruz answered that his business is a good example of a well-run enterprise. For some clarification he asked if the vehicles worked on outdoors on the lifts were completed as same day service. Mr. Desjarlais answered that all vehicles are serviced in the same day. Chairman Cruz asked Mr. Desjarlais what he considered a reasonable amount of time to complete outdoor work on vehicles, what some of his concerns would be and any other input. Mr. Desjarlais replied that one of his concerns is something happening to one of his customer’s vehicles so he doesn’t want those automobiles sitting around any longer -4- than they have to be. The shed has been a storage unit for several years and he is willing to paint it and make it look better but does not want to move it. He is willing to work with the City on whatever it takes to clean the business up as he wants to be in compliance. Chairman Cruz asked if he would be willing to be on the committee to discuss the automobile repairs. Mr. Desjarlais answered that he would. Liandro Diaz, owner of LD Tires & Auto Service, spoke on behalf of his business. He said that they have been working hard to clean up the business and comply with the City. His main concern was what he needed to do to be in compliance. Chairman Cruz recommended Mr. Rodriguez contact staff to work through the process. He asked Mr. Diaz if he would also like to be part of the committee to form rules and regulations, such as, would it be important to have the ability to do work outside. Mr. Diaz answered that sometimes there is a need to do certain things outside, such as brakes or tires. He just doesn’t know what needs to be done on his property to be in compliance. Chairman Cruz responded that the Planning Commission is looking for input to develop a set of rules and wants to work with the business owners to resolve the problem. Mr. Diaz believes that brakes or tires should be considered same day work and work he considers reasonable to be done outdoors in a 24 hour period. Chairman Cruz explained that they would like more input because what one person might think is same day repair another person might say could take several days. Mr. White stated that the goal is to get an action plan to City Council by April. Chairman Cruz asked Mr. Diaz if he would like to attend committee meetings to gather input for the Planning Commission to use for developing rules, regulations to address the issues. Mr. Diaz stated that he doesn’t want to speak for other businesses. Commissioner Khan clarified to Mr. Diaz that the rules, regulations and compliance has not been set yet, which the purpose of the committee is to come up with. She stated that it would be in his best interest to be a part of the committee in order to give his opinion and what he needs in order for his business to be in compliance but also successful. He would not have to speak on behalf of any other business, just his own. Mr. Diaz said that he would be comfortable doing that for his business as long as he wasn’t speaking for other businesses. -5- Commissioner Levin asked if the Commissioners are to visit with the business owners on their own time. Mr. White answered no. The committee will just be there to offer their opinions and to hammer out the details. Commissioner Levin asked if ultimately procedure will follow if these properties are not handled, such as Code Enforcement. Mr. White answered yes. The goal is to first work with the business owners before taking Code Enforcement action, especially since many of these businesses have been operating in their set ways for years. They may need reasonable time to make adjustments to their business practices. Chairman Cruz added that effort goes along with that process. If a business owner is working hard to comply, the City will work with them. With no further discussion or business, the Planning Commission was adjourned at 7:40 p.m. Respectfully submitted, ______________________________ Dave McDonald, City Planner