HomeMy WebLinkAbout11-20-2014 Planning Commission Minutes-1-
REGULAR MEETING November 20, 2014
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 VACANT
No. 2 Tony Bachart
No. 3 VACANT
No. 4 Alecia Greenaway
No. 5 Joe Cruz
No. 6 Loren Polk
No. 7 Zahra Khan
No. 8 Jana Kempf
No. 9 Gabriel Portugal
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 Portugal made note of some typos in the minutes. Staff replied that they
would make the appropriate corrections.
Commissioner Kempf moved, seconded by Commissioner Greenaway that the minutes
dated October 20, 2014 be approved as amended. The motion passed unanimously.
OLD BUSINESS:
A. Rezone Rezone from I-1 (Light Industrial) to I-2 (Medium
Industrial) (Bob Tippett) (MF# Z 2014-005)
Chairman Cruz read the master file number and asked for comments from staff.
Dave McDonald, City Planner, discussed the rezone application from I-1 (Light Industrial)
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to I-2 (Medium Industrial). At the previous hearing there was considerable discussion
about a concomitant agreement that may be necessary if this property was rezoned to I-2.
The Planning Commission instructed Staff to work with the applicant to develop a list of
conditional uses that should be restricted by a concomitant agreement. Mr. McDonald
listed uses to be prohibited, such as; slaughter houses, cement manufacturing, distillation
of bones, fat rendering, garbage, dead animal reduction, dumping, race tracks, junk yards
and automobile wrecking yards, scrap iron yards, asphalt and concrete batch plants. Rag
and paper sorting and bailing would only be permitted indoors. The applicant is in
agreement with the conditions.
Commissioner Kempf discussed the permitted use of manufacturing or storage of
explosives, including gases. She stated that might not be a good idea to have permitted in
the area with the rail nearby and neighborhood.
Mr. McDonald responded that it was discussed and one of the things that came up was
the Oxarc Inc. facility at the corner of “A” Street and Oregon Avenue. They produce a
variety of welding gasses and store a lot of gas at this location and supply Eastern
Washington, Northeastern Oregon and even Spokane. This business has not created a
problem in the neighborhood.
Commissioner Kempf clarified that she was worried more about C-4 and TNT
manufacturing plants.
Chairman Cruz added that those uses would not be located in this area.
Mr. McDonald stated that the use was a conditional use so if a developer or business
wished to locate that type of business they would have to go through a special permit
process and the Planning Commission would review it and put conditions on it or
recommend it not be approved.
Commissioner Kempf responded that she felt safer knowing that.
Commissioner Khan discussed the 300 foot buffer that was discussed at the previous
meeting by the nearby neighborhood.
Mr. McDonald answered that the Municipal Code only requires a 300 foot notification and
has for over 30 years. Property owners within 300 feet were notified, 2 ads were placed in
the newspaper and the notice was posted on the City’s webpage. The Tierra Vida
Subdivision in which the residents attended the previous meeting were all well outside the
300 foot range, however they received notice somehow, either through the newspaper or
word of mouth.
Commissioner Khan asked if certain odors would travel farther than the 300 feet.
Rick White, Community & Economic Development Director, responded that the zone
change itself is slightly more than 350 feet from “A” Street and in some places roughly 650
feet and the prevailing winds would be blowing away from the neighborhood.
Commissioner Bachart moved, seconded by Commissioner Khan, to adopt findings of fact
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and conclusions therefrom as contained in the November 20, 2014 staff report. The
motion passed unanimously.
Commissioner Bachart moved, seconded by Commissioner Khan, based on the findings of
fact and conclusions as adopted the Planning Commission recommend the City Council
approve the rezone for the Heritage Industrial Area from I-1 to I-2 with a concomitant
agreement prohibiting junkyards and other uses as listed in the attached agreement. The
motion passed unanimously.
B. Rezone Rezone from “O” (Office) to R-1 (Low Density
Residential) (Charles Steltenpohl) (MF# Z 2014-006)
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the rezone
application from “O” (Office) to R-1 (Low Density Residential). He stated that there have
been no changes since the previous meeting.
Commissioner Khan moved, seconded by Commissioner Polk, to adopt the findings of fact
and conclusions therefrom as contained in the November 20, 2014 staff report. The
motion passed unanimously.
Commissioner Khan moved, seconded by Commissioner Polk, based on the findings of fact
and conclusions as adopted the Planning Commission recommend the City Council
approve the rezone from Office to R-1 for 704 W. Margaret Street. The motion passed
unanimously.
C. Comprehensive Plan Comprehensive Plan Amendment to Modify the
Urban Growth Boundary (Farm 2005, LLC) (MF# CPA
2014-002)
Chairman Cruz read the master file number and asked for comments from staff.
Dave McDonald, City Planner, explained the Planning Commission held a hearing on this
matter last month. During the hearing the Port of Pasco read a letter into the record
expressing concern over possible development with Airport Compatibility Zones #2 and #4.
Following the hearing staff met with Port and Airport Management and the property owner
to review the areas of concern. As a result, staff recommended the proposed UGA
boundary change be modified to only include about 80 acres as shown on Map # 6.
Chairman Cruz asked if the applicant was amiable to the change and if the Airport was in
agreement.
Mr. McDonald stated he had spoken with the applicant and the Port and they are in
general agreement.
Chairman Cruz said he was looking for head nods from the applicant and Port officials in
the back of the room which he received both from the applicant and the Port officials.
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Commissioner Bachart moved, seconded by Commissioner Portugal, to adopt the findings
of fact and conclusions therefrom as contained in the November 20, 2014 staff report. The
motion passed unanimously.
Commissioner Bachart moved, seconded by Commissioner Portugal, based on the findings
of fact and conclusions as adopted the Planning Commission recommend the City Council
approve the proposed Comprehensive Plan Amendment expanding the Urban Growth Area
as depicted on Exhibit #1. The motion passed unanimously.
D. Comprehensive Plan Comprehensive Plan Amendment to Change the
Land Use Designation from Low-Density to Mixed
Residential (Roger & Kay Walker) (MF# CPA 2014-
003)
Chairman Cruz read the master file number and asked for comments from staff.
Dave McDonald, City Planner, explained that the applicant’s, the Walker Family, are
requesting a Comprehensive Plan amendment to make their property consistent with the
properties to the north. Following additional discussion on neighborhood comments Mr.
McDonald suggested there were a couple of options for creating a buffer between the
proposed mixed-residential area and the lower density development to the south. One
option would be to leave a portion (Lot 1) of the Walker property out of the proposed
change allowing for a low-density buffer to be established. The other option would be to
establish a heavily landscaped buffer through a concomitant agreement when the property
was rezoned in the future. The Walker’s preferred the concomitant agreement approach.
Chairman Cruz asked if the matter needed to be continued one month because of the way
the staff report was written.
After a brief discussion Mr. McDonald stated the Commission could simply read the
motion without the words for “Lot 2”. The motion would then apply to all of the Walker
property. Next year when the Walker’s apply for a rezone the Planning Commission can
ensure a concomitant agreement include the buffer.
Chairman Cruz then explained they needed to provide sufficient density to allow the lot to
develop but yet do it in a way to not impact the lots to the southwest.
Commissioner Bachart asked what the definition of heavily landscaped meant.
Mr. McDonald explained that it could be determined through the rezone process but,
further explained that the zoning regulation listed landscaping requirements for such
situations and the number of trees and shrubs are specified.
Commissioner Khan asked if the Planning Commission has decided there is a need for a
buffer between the higher and low-density housing.
Chairman Cruz stated that it was his understanding from the last month but, they had
not determined the mechanism to do so.
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Commissioner Khan stated she did not feel there was a need for a buffer.
Commissioner Polk asked if there was some concern over the considerable slope where
Chapel Hill Boulevard met Crescent Drive and that fill was going to be needed.
Chairman Cruz stated the not all of the property would be able to be used for development
because of the needed fill but, the buffer seemed to be a good compromise to allow the
property to develop yet provide a buffer for properties to the south.
Commissioner Bachart stated he agreed with Chairman Cruz. The property across the
street could be developed (for commercial) tomorrow and a 25 foot buffer is very generous.
Commissioner Kempf moved, seconded by Commissioner Greenaway, to adopt findings of
fact and conclusions therefrom as contained in the November 20, 2014 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 amend the Comprehensive Plan designation for Short Plat 2001-29 to Mixed-
Residential. The motion passed unanimously.
E. Plan Shoreline Master Plan – Environmental
Designations
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the Shoreline
Master Plan. Environmental Designations are the first step in the Shoreline Master Plan.
The designations are used and setup to reflect existing shoreline conditions; from these
designations the consultant will work to develop goals and regulations for the Planning
Commission’s consideration early in 2015. Mr. White briefly summarized the various
designations; Aquatic, High-Intensity with Levy/Flood Protection and Recreational sub-
designations, Natural, Shoreline Residential and Urban Conservancy. Whatever ecological
function is contained within an existing area needs to be preserved.
Chairman Cruz asked the Planning Commissioner’s if they were in agreement on the
designations, definitions and how they are applied.
The Commissioners nodded in agreement.
Commissioner Khan added that it will take some time and consideration.
Mr. White reminded the Commissioner’s that the Shoreline Master Plan is taking a
“picture in time” of what the shoreline is doing and functioning as of today. When forming
a plan, the shoreline cannot be degraded but there can be amendments made in various
places but the baseline must be maintained. The term used for this is “no-net loss”.
Chairman Cruz noted that the “no-net loss” is a 1-1 ratio in ecological function.
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There was no further discussion on this topic.
PUBLIC HEARINGS:
A. Code Amendment Car Rentals in C-1 (Retail Business) Zones (MF# CA
2014-004)
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the code
amendment for car rentals in C-1 (Retail Business) Zones. The Planning Commission has
spent a lot of time discussing automobile sales in C-1 Zones in the past few years revising
existing regulations. Through a recent land use request to allow automobile rentals in the
C-1 Zoning District, Staff noticed that retail automobile sales, including rental and lease
uses, were precluded from the C-1 Zone if certain conditions weren’t met, such as
adjacent to an arterial or within a certain distance of any existing car lot. After looking at
the history, identified in the staff report, Staff proposes that the restrictive language be
stricken, which was established in the early 1980’s from an ordinance developed to allow
corner gas stations to be reused as car sales lots. Car sales differ drastically from car
rental operations; they do not have the operational characteristics that include loud
advertising and don’t necessarily rely on drive-by traffic. Staff feels that this code
amendment is tightly written and asked for Planning Commission discussion and if
appropriate, a recommendation for this code amendment to move forward to City Council.
Chairman Cruz clarified that this would be car rental, such as Enterprise, that was
located on 20th and Sylvester.
David Davis, 5107 Desert Plateau, spoke in support of this code amendment and stated
that it would benefit him as well as the community. He wishes to lease his property to
Enterprise for the use of car rental. They wish to invest money in this property and make
improvements.
Michelle Keen, 620 N. 20th Avenue, of Enterprise Rent-A-Car, spoke in support of this code
amendment. She explained that they are hopeful to occupy Mr. Davis’ location that would
better suit their needs. They have been in the community for over 20 years but would like
a little nicer location with a more sustainable building and better parking.
With no further questions or comments the public hearing closed.
Commissioner Khan asked for clarification that the only thing stricken would be,
“…including rental or lease”.
Staff nodded yes.
Commissioner Khan moved, seconded by Commissioner Kempf, to adopt the findings of
fact as contained in the November 20, 2014 staff memo on automobile rental and leasing
in the C-1 Zone. The motion passed unanimously.
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Commissioner Khan moved, seconded by Commissioner Kempf, recommend the City
Council adopt the proposed C-1 zoning code amendments as attached to the November
20, 2014 staff memo to the Planning Commission. The motion passed unanimously.
COMMENTS:
Rick White, Community & Economic Development Director, reminded the Planning
Commission that in early 2015 they will need to go over the Shoreline Master Plan with
the consultant and it will take additional time.
With no further discussion or business, the Planning Commission was adjourned at
7:43 p.m.
Respectfully submitted,
David McDonald, City Planner