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HomeMy WebLinkAbout10-15-2015 Planning Commission Meeting Minutes-1- REGULAR MEETING October 15, 2015 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 Tanya Bowers No. 2 Tony Bachart No. 3 Paul Mendez No. 4 Alecia Greenaway No. 5 Joe Cruz No. 6 Loren Polk No. 7 Zahra Khan No. 8 VACANT 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. Commissioner Mendez stated that he would need to abstain from MF# PP 2015-003, Preliminary Plat for Ellie Estates. 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 Greenaway moved, seconded by Commissioner Portugal that the minutes dated September 17, 2015 be approved. The motion passed unanimously. OLD BUSINESS: A. Special Permit Location of a church in a C-3 (General Business) Zone (Tiempos de Poder Church) (MF# SP 2015-010) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the special permit for the location of a church in a C-3 (General Business) Zone. There were no changes to the staff report since the previous meeting. -2- Commissioner Polk moved, seconded by Commissioner Bachart, to adopt findings of fact and conclusions therefrom as contained in the October 15, 2015 staff report. The motion passed unanimously. Commissioner Polk moved, seconded by Commissioner Bachart, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to Ministerio Apostolico Y Profetico Tiermpos de Poder for the location of a church at 2508 W Sylvester Street, Suite D with the conditions as contained in the October 15, 2015 staff report. The motion passed unanimously. B. Preliminary Plat Preliminary Plat for Sunrise Estates, Division II (Juan Ochoa) (MF# PP 2015-002) Chairman Cruz read the master file number and asked for comments from staff. Shane O’Neill, Planner I, discussed the preliminary plat application for Sunrise Estates, Division II. He stated that the only changes to the staff report from the previous meeting was language added to Condition #6 to address debris and other dumping of trash or supplies because of a concern addressed by a citizen during the public hearing. Commissioner Bachart moved, seconded by Commissioner Greenaway, to adopt findings of fact and conclusions therefrom as contained in the October 15, 2015 staff report. The motion passed unanimously. Commissioner Bachart moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions as adopted, the Planning Commission recommend the city Council approve the Preliminary Plat for Sunrise Estates, Division II with conditions as listed in the October 15, 2015 staff report. The motion passed unanimously. C. Preliminary Plat Preliminary Plat for Road 84 Estates (Mission Investments) (MF# PP 2015-004) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the preliminary plat application for Road 84 Estates. There were no changes to the staff report since the previous meeting. Commissioner Portugal moved, seconded by Commissioner Bachart, to adopt findings of fact and conclusions therefrom as contained in the October 15, 2015 staff report. The motion passed unanimously. Commissioner Portugal moved, seconded by Commissioner Bachart, based on the findings of fact and conclusions as adopted, the Planning Commission recommend the City Council approve the Preliminary Plat for Road 84 Estates with conditions as listed in the October 15, 2015 staff report. The motion passed unanimously. -3- PUBLIC HEARINGS: A. Preliminary Plat Preliminary Plat for Ellie Estates (Llya Parkhotyuk) (MF# PP 2015-003) - Continued Chairman Cruz read the master file number and asked for comments from staff. Shane O’Neill, Planner I, discussed the application for a preliminary plat for Ellie Estates. This item was continued from the previous meeting due to substantial revisions to the plat and is virtually a new plat. The proposed plat consists of 22 lots, zoned Residential Suburban (RS-20) with the average lot size of 24,150 square feet. The property was recently annexed into the City in July 2015. The Comprehensive Plan designates the site as low-density residential development. The site currently contains three single-family homes and accessory structures. Those three homes will be contained on lots 1, 2 and 3 of the proposed plat. One new cul-de-sac will be extended to the end of the site and 16 of the proposed lots will be accessed by the cul-de-sac. To the south the plat will accomplish the connection of Sterling Road. At the northwest corner of the property Maple Drive terminates. The continuation of Maple Drive is obstructed by an existing shop which was permitted in the County. The Planning Commission may wish to discuss the possibility of a turnaround at the end of Maple Drive. Originally septic systems were proposed but now the properties will be connected to sewer. The sewer line is located at Road 84 and the sewer line will be extended as well as water to the plat with the exceptions of existing lots 1, 2 and 3 who will remain on their existing septic systems until those systems fail, at which time they will be required to connect. There are a list of tentative approval conditions contained in the staff report that are fairly standard. There is a Franklin County Irrigation easement running through the site and the applicant will have to work with the Franklin PUD between now and the final plat. Chairman Cruz asked how the property owners of Lot 1 would access their property. Mr. O’Neill responded that there is a dirt access road that runs along the side of the irrigation canal and would be the primary access for the three homes. Dave McDonald, City Planner, added that the original plat submitted with their application was configured differently but with the addition of required sewer to the proposed lots the Irrigation District asked that alternate means of access for those three lots in case in the future they decide to revoke the access agreement with those three homes they would be able to access off of the cul-de-sac. The homeowners of the three lots currently have an agreement with the Irrigation District to use the right -of-way to get to their homes but the Irrigation District could take that access away in the future. Chairman Cruz responded that it is a dangerous proposition for anyone considering buying Lot 1. He was unsure how a turnaround could be placed at Maple Drive with the existing shop and a lot platted to the north and south. Mr. McDonald answered that is correct. There are other lots and streets that the City has inherited or will inherit that dead-end with a home at the end like in this case. This problem was inherited from the County since they permitted a shop to be built where the road should have been extended. -4- Chairman Cruz suggested the shop to stay for the time being but Lot 15 needs to be the continuation of Maple Drive. Mr. McDonald asked for clarification if the plat would show the right-of-way but not require it to be built at this time. Chairman Cruz answered that is one possibility. He doesn’t want to see the Irrigation District taking away access, rendering Lot 1 useless. Another option could be to merge two of the lots just as long as there is guaranteed access. Commissioner Bachart discussed possible fencing issues on the cul-de-sac. Mr. McDonald clarified that the front yards would be facing the cul-de-sac so any fencing would have to be set back 25 feet. He asked the Planning Commission for more direction. Chairman Cruz replied that he doesn’t want to continue propagating the problem of dead- end streets and access issues contributing to a dead-end lot. He proposed at minimum Lot 1 to be connected to the cul-de-sac in any way possible. He would also like to see the right-of-way of Maple Drive to be extended. Commissioner Polk was in agreement with Chairman Cruz and would like to alter Lot 2 in order to give Lot 1 access to the cul-de-sac or to work through Lot 15 and possibly continue Maple Drive. Chairman Cruz stated that he didn’t want to be overly constrictive since there are variables that the Planning Commission might not be aware of and would like to see the Engineering and Planning Departments work it would with the applicant just as long as there is some kind of access for Lot 1. The Planning Commissioners were in agreement. Chairman Cruz asked the Commissioners what they felt about Maple Drive. Commissioner Greenway was concerned about the existing shop and doesn’t want the property owner to have to remove the shop which was permitted in the County. Chairman Cruz clarified the right-of-way as long as the shop is existing. Commissioner Bachart added that if the access was evoked the shop would be in the way anyway. Rick White, Community & Economic Development Director, stated that there are many instances in the County where there are easements reserved for future road right-of-ways and they are useless because if they are not developed during the time of platting, no one will put it in and there won’t be a public agency that will pay for it because it will only benefit one or two lots. If the Commission wants to see the extension of Maple Drive through it needs to be dedicated right-of-way and constructed as prior to the final plat approval. -5- Chairman Cruz asked if that meant condemning the shop. Mr. White responded that it wouldn’t have to be condemned; perhaps moved or the road could go around the shop. But the easement for a road unless done now is useless. Chairman Cruz suggested that Lot 1 either needs connection to the cul-de-sac or to Maple Drive and let the applicant work out the details with Staff. The Commissioners were in agreement with Chairman Cruz. Ilya Parkhotyuk, 785 Canyon Street, Apt. #304, Richland, spoke on behalf of his application. He stated that he will have to work it out with City Staff to get this plat to work. Paul Simpkins, 3412 Coral Court, expressed concern for an increase of traffic down Sterling Road due to Chiawanna High School students being so close. He asked if the City has planned for the increased. Mr. McDonald didn’t foresee much of a traffic increase down Sterling Road from the students at Chiawanna as it isn’t a direct route to anywhere. Mr. Simpkins asked if there would be a block wall built along the back of the proposed lots. Mr. McDonald answered that there wouldn’t be a block wall required since the lots are not on an arterial corridor. Commissioner Portugal asked if the school was notified of the proposed plat. Mr. McDonald stated that they get notified of all proposed plats. With no further comments the public hearing closed. Commissioner Bachart moved, seconded by Commissioner Greenaway, to continue this item to the October 15, 2015 meeting. The motion passed with 5 votes with Commissioner Mendez recused. B. Rezone Rezone from R-1 (Low Density Residential) to R-3 (Medium Density Residential) (Envision Homes) (MF# Z 2015-002) - Continued Chairman Cruz read the master file number and asked for comments from staff. Shane O’Neill, Planner I, discussed the rezone application from R-1 (Low Density Residential) to R-3 (Medium Density Residential). He explained that this item has been continued several times based on public feedback and to ensure slope stabilization. The concomitant agreement has been revised to require a geotechnical report analyzing the slope stability of the site and providing site specific recommendations and appropriate methods for long-term stabilization. Based on the results of that geotechnical report, the -6- applicant or successors of the property, will be required to install the recommended soil retention features. That report has not been received by Staff at this time and this rezone application will not move forward to Council until it is received. Chairman Cruz asked if Staff wanted this item to be continued. Mr. O’Neill answered no. Alfonso Sanchez, 5715 Belmont Drive, asked if in the concomitant agreement the applicant will be required to follow the Engineer’s recommendation based on each lot. Chairman Cruz responded yes, that it will be an engineered solution sealed by the engineer so they are betting their license that they did the job correctly. Commissioner Polk added that the slope remediation must be a long -term solution as well, not just an immediate short-term fix. With no further comments the public hearing closed. Commissioner Greenaway moved, seconded by Commissioner Polk, to adopt the findings of fact and conclusions therefrom as contained in the October 15, 2015 staff report. The motion passed unanimously. Commissioner Greenaway moved, seconded by Commissioner Polk, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council rezone parcel 117-470-153 from R-1 to R-3 with restrictions contained in the concomitant agreement. The motion passed unanimously. C. Plan Shoreline Master Program (MF# PLAN 2013-001) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the Shoreline Master Program. He introduced Ben Floyd, Anchor QEA, who has been working diligently on this plan. A public participation plan has been completed and signed off on by the Department of Ecology. Mr. Floyd has briefed the Planning Commission on the inventory analysis and characterization of the Columbia River and Snake River shorelines, there have been goals, policies and code developed that the Commission has reviewed and an impact analysis and restoration plan has been completed. The draft plan was dispersed for public comment for a 60-day review period and now the hearing. Based on comments received, the plan will be revised slightly to accommodate those comments, then it will be forwarded to the Department of Ecology for their comments. Ben Floyd, 8033 W. Grandridge Boulevard, Kennewick, spoke on behalf of Anchor QEA. He stated that the Planning Commission is at the point to make a recommendation for advancing the Shoreline Master Program. It will go to City Council and then to the Washington State Department of Ecology where there will be a statewide public review process. While the plan will be locally administered, both the City and Department of Ecology will approve this program. If there are additional comments received during the -7- statewide review period, the State will refer those comments back to the City to address and will provide some guidance. He briefly discussed the land use designations. Some of the comments received were policy changes from the Port of Pasco as well as some clarifications from the U.S. Army Corps of Engineers regarding mapping and designation of ownership. A comment was also recently received from the State Parks Department commending the City for planning for Sacajawea Park and planning for recreation development. Chairman Cruz clarified that a map shown in the plan reflects an outdated “donut hole” and needs to be revised to include the recent Road 80 annexation area. Staff stated that would be corrected prior to final submittal. Randy Hayden, 1110 Osprey Pointe, Port of Pasco, thanked the Commission, Staff and Mr. Floyd for all of their work and this has turned out to be an excellent plan. The Port of Pasco’s comments were to note the maritime and commercial uses. With no further questions or comments the public hearing closed. Commissioner Portugal moved, seconded by Commissioner Greenaway, to recommend the City Council adopt the Shoreline Master Program by reference as part of the City’s Comprehensive Plan and adopt Title 29, “Shoreline Master Program” as part of the Pasco Municipal Code. The motion passed unanimously. Mr. White clarified for the record that the Port of Pasco’s comments were included in the recommendation from Planning Commission. WORKSHOP: A. Code Amendment Development Agreements Code Amendment (MF# CA 2015-005) Chairman Cruz read the master file number and asked for comments from staff. Shane O’Neill, Planner I, discussed the code amendment for development agreements. Development agreements are very similar to concomitant agreements but in this proposal Staff wants to repeal the section relating to concomitant agreements and instead add a section for development agreements. Concomitant agreements can only be used in relation to a rezone application. Concomitant agreements are outdated, used pre -Growth Management Act. Development agreements are unique in that they can be used related to a building permit or special permit but in order to be passed there needs to be a public hearing held before Council. The proposed code language is attached to staff memo and is highly reflective of RCW requirements. The city attorney also has revisions that will be attached in the staff report at the next meeting. Rick White, Community & Economic Development Director, added that one of the advantages as moving forward with continued development within the urban growth area but not necessarily within the City, there is the opportunity to use the development agreement with properties prior to annexation. -8- COMMENTS: Chairman Cruz thanked Commissioner Bachart for his 2+ years of service on the Planning Commission and awarded him a Certificate of Appreciation as this was his last meeting. With no further discussion or business, the Planning Commission was adjourned at 7:53 p.m. Respectfully submitted, David McDonald, City Planner