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.
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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.
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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.
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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.
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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
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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
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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.
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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