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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) -2-   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 -3-   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. -4-   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. -5-   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. -6-   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. -7-   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