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HomeMy WebLinkAbout09-19-2013 Planning Commission Minutes-1- REGULAR MEETING September 19, 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 Tim Hoekstra No. 2 Tony Bachart No. 3 Andy Anderson No. 4 Alecia Greenaway No. 5 Joe Cruz No. 6 Loren Polk 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 Khan moved, seconded by Commissioner Kempf, that the minutes dated August 15, 2013 be approved as mailed. The motion passed unanimously. OLD BUSINESS: A. Rezone Rezone from C-3 (General Business) to R-3 (Medium Density Residential) (NICO Investments LLC) (MF# Z2013-004) Chairman Cruz read the master file number and asked for comments from staff. -2- Rick White, Community & Economic Development Director, stated that there were no additional comments to add since the previous meeting. Commissioner Hilliard moved, seconded by Commissioner Khan, to adopt the findings of fact and conclusions therefrom as contained in the September 19, 2013 staff report. The motion passed unanimously. Commissioner Hilliard moved, seconded by Commissioner Khan, based on the findings of fact and conclusions as adopted the Planning Commission recommend that City Council approve the rezone from C-3 to R-3 for Lots 13-17, Block 5, NP Plat. The motion passed unanimously. PUBLIC HEARINGS: A. Special Permit Farming Operations in an RT (Residential Transition) Zone (Washington Dept. of Natural Resources) (MF# SP 2013-013) (CONTINUED FROM AUGUST 15, 2013 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 farming operations in an RT (Residential Transition) Zone. Since the previous meeting, a few changes had been made and one condition added to the approval conditions, including; The applicant shall submit a copy of the applicable Resource Management Plan prior to beginning farming operations on the site, Prior to beginning farming operations on the site, the applicant must submit 24-hour contact information where complaints can be submitted and prior to July 1, 2015 staff will review with the Planning Commission the status of the special permit in relation to the DNR budgetary disposal directive. Commissioner Hilliard asked if the condition added regarding the review of the special permit in relation to the DNR budgetary disposal directive was a staff responsibility to bring back to the Planning Commission. Mr. White responded that it was a staff responsibility. The public hearing was opened and closed without public comment. Commissioner Khan moved, seconded by Commissioner Greenaway, to adopt the findings of fact and conclusions therefrom as contained in the September 19, 2013 staff report. The motion passed unanimously. Commissioner Khan moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions as adopted the Planning Commission recommend -3- the City Council grant a special permit to allow farming operations on that portion of parcel # 117-510-016 lying south of the FCID irrigation canal. The motion passed unanimously. WORKSHOP: A. Code Amendment Detached Accessory Structure Heights (MF# CA2013-003) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, explained that at the last Planning Commission Meeting, the Commissioner’s concurred with a height increase for accessory structures in the R-S-1 through R-4 zoning districts through the special permit process. Concurrence was also reach on permitting accessory structures to be taller than the height of the home through the special permit process some cases circumstances. Mr. White reviewed the three options presented in the staff memo for the benefit of the Planning Commission. Commissioner Hilliard stated that he was in favor of option 2. Commissioner Khan stated that she was in favor of option 2. Commissioner Greenaway stated that she was in favor of option 2. Commissioner Polk stated that she was in favor of option1 and wanted to know what the parameters and criteria for the special permit would be if option 2 or 3 were passed. Chairman Cruz stated that the special permit parameters would be created at a later time. He was in favor of option 2. Chairman Kempf stated that she was in favor of option 3 for the reason that 15’ seemed to be a reasonable height for an accessory structure, especially in the smaller zoning districts. She stated that many lots don’t have room for these structures. Chairman Cruz reminded the Commission that in some smaller zones there are some properties that have much larger than the minimum lot size and the special permit process would allow those property owners to build larger accessory structures that would not be too dominate in the neighborhood. The smaller lots would most likely not make it through the special permit process. Commissioner Hoekstra stated that he was in favor of option 2. Commissioner Bachart stated that he was in favor of option 2. Commissioner Polk stated that she would like the option of increasing the -4- accessory structure heights in order to enclose RV’s and boats as they would look better hidden than parked out in the open. Commissioner Kempf stated that increasing the height of the accessory structures may dominate neighborhoods with small lot sizes and she didn’t feel that taller accessory structures would fit. Chairman Cruz stated that the special permit process would have conditions to make sure small lot sizes aren’t allowed very tall accessory structures. Commissioner Polk asked staff if they could explain the parameters for special permits and what could be included as conditions. Mr. White stated that criteria is already contained in the Pasco Municipal Code to consider the impact of accessory structures on the vicinity and any impacts that might be adverse to the community. In this case the staff would be looking at issues such as the style of the accessory structures, setbacks and possibly even location on the lot where the accessory structure. Commissioner Polk asked how the setback distance is determined and the acreage. Mr. White responded that it would most likely be an arbitrary number looking at several factors and examples. Commissioner Hilliard stated given the low number of request for taller structures staff should be given the allowance for the special permit process for special lots. Chairman Cruz stated that he liked the idea of the accessory structure being of consistent look and material of the house to blend in and the idea of windows, he stated that increased setbacks would be good. Commissioner Khan suggested the minimum lot square footage to be added as a condition in the special permit process. Commissioner Polk suggested that additional accessory structures be included with lot coverage since there are some lots that have multiple accessory structures covering almost the whole lot. Commissioner Hoekstra asked staff if lot coverage includes all accessory structures. David McDonald, City Planner, responded that the square footage for lot coverage includes every structure on the property, including patio covers. Commissioner Hoekstra suggested considering the space on the sides of the home to access the backyard. Some lots have a large backyard but not enough space on the sides to access the accessory structure in the back. Mr. McDonald stated that the City has seen cases were there isn’t enough room between the house and the side lot but people build the shop anyway. Mr. -5- McDonald also referenced lot coverage again and stated that the lot coverage cannot exceed 40%. With no further discussion this item will come back to the next Planning Commission Meeting. B. Code Amendment Special Permits for Auto Sales in C-1 (Retail Business) Zones (MF# CA2013-006) Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed a possible code amendment for auto sales in C-1 (Retail Business) Zones. Earlier this year the Planning Commission held a public hearing for a used car lot proposed for a C-1 Zone on Burden Boulevard. During the hearing an individual provided testimony suggesting that there may have been an unintended flaw in the code that would allow someone to develop a used car lot in new developing areas of the community. The City Council asked the Planning Commission to review the code and consider developing a code amendment to address the concern about permitting auto sales lots under Special Permits in developing areas of the city. It was explained the current code was adopted in 1981, designed to address a specific concern in the community related to the reuse of old gas stations. Most of those gas stations have been repurposed into different uses and there doesn’t seem to be a need to address the vacant service station problem in new areas, such as around Road 68. Mr. McDonald briefly discussed a few options for the Planning Commission to consider. One option would be to eliminate auto sales altogether in C-1 Zoning Districts eliminating the special permit approval process. Another option would be to modify the code somewhat to allow auto sales in C-1 Zoning Districts only in certain areas of Pasco. Some examples were discussed. Commissioner Bachart stated that he hesitates to completely eliminate the option for auto sales in C-1 Zoning Districts as it could benefit many vacant properties. Commissioner Kempf asked if there was a way to condition special permits that would apply to pre -existing abandoned structures, that they can’t construct a new building on an empty lot. Mr. McDonald responded that provisions could be added to the special permit process; however, there have been cases where empty lots have been utilized for auto sales lot with some success. Commissioner Polk added to Commissioner Kempf’s suggestion and stated that she would like to define “under-utilized spaces” or “underdeveloped”. This would then include those properties with or without a building. Chairman Cruz agreed with Commissioner Polk and in the case of the request for the auto sales lot on Burden Road, it was not an underdeveloped area. -6- Commissioner Hilliard liked the term staff used, “repurposed”. Commissioner Kempf would like to see the term “under-utilized” defined in the code. Chairman Cruz asked if there was a definition of under-utilized anywhere for the Planning Commission to use. Mr. McDonald stated there was not one in the code. Chairman Cruz asked the Commission if they wished to draw a geographic line of under-developed or under-utilized. Commissioner Hilliard wanted to keep the special permit process and maybe at this time not be too specific to see how the City evolves. Chairman Cruz responded that some decisions need to be made to move forward. Chairman Bachart asked if the code only applied to outdoor auto sales. He was not sure it would be a good idea, but there are indoor auto sales. Chairman Cruz gave a hypothetical scenario that if Lowe’s on Road 68 went out of business, would the Planning Commission entertain the idea of indoor auto sales at the location. It would not be ideal. Commissioner Hilliard answered that this comes back to the idea of a special permit so that the applicant can come forward and community members can participate. Commissioner Polk responded in going back to drawing a geographical line as to where auto sales could locate in under-utilized areas to be careful and to not let the area become overtaken with auto sales. Commissioner Polk suggested that there should be a condition stating that there can only be so many auto sale lots within a certain distance of each other. Mr. McDonald replied that there is currently a provision in the code prohibiting lots from being 300 feet from each other. Chairman Cruz briefly summed up the discussion from the Planning Commission members. Mr. McDonald stated that staff now has direction and will come back at the next Planning Commission Meeting for another workshop. Commissioner Hoekstra asked if there should be an effort in the special permit process to do something else to help develop an under-utilized area rather than an auto sales lot. Commissioner Hoekstra stated that a lot may need to be vacant for a specific -7- amount of time to allow for other development first. Chairman Cruz responded that he wouldn’t know how that would be written into a code amendment. Commissioner Hoekstra asked if the length of time the property was left vacant could be added to the conditions. Mr. White answered that at this time he does not know how towrite that but it could be looked at in defining “under-utilized”. COMMENTS: With no further discussion or business, the Planning Commission was adjourned at 7:42 p.m. Respectfully submitted, Dave McDonald, City Planner