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.
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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
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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
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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.
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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.
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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
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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