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HomeMy WebLinkAbout03-17-2016 Planning Commission Meeting Minutes-1- REGULAR MEETING March 17, 2016 PLANNING COMMISSION MEETING CALL TO ORDER: The meeting was called to order at 7:00pm by Chairwoman Khan. POSITION MEMBERS PRESENT MEMBERS ABSENT No. 1 Tanya Bowers No. 2 VACANT 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: Chairwoman Khan read a statement about the appearance of fairness for hearings on land use matters. There were no declarations. Chairwoman Khan 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: Chairwoman Khan explained that state law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Chairwoman Khan swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Greenaway moved, seconded by Commissioner Portugal that the minutes dated February 18, 2016 be approved. The motion passed unanimously. OLD BUSINESS: A. Special Permit Special Permit to locate a church (Bethel Church) (MF# SP 2016-001) Chairwoman Khan read the master file number and asked for comments from staff. Dave McDonald, City Planner briefly discussed the recommended conditions to clarify condition number three dealing with a daycare. Commissioner Greenaway moved, seconded by Commissioner Portugal, to adopt findings of fact and conclusions therefrom as contained in the March 17, 2016 staff report. The -2- motion passed unanimously. Commissioner Greenaway moved, seconded by Commissioner Portugal, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to Bethel Church for the location of a church at the 6600 Block of Chapel Hill Boulevard with conditions as contained in the March 17, 2016 staff report. The motion passed unanimously. B. Special Permit Special Permit to locate a preschool in an existing home (John Cooley) (MF# SP 2016-002) Chairwoman Khan read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit application to locate a preschool in an existing home. He explained that conditions #5 and #6 were added to the staff report based on the Planning Commission’s discussion the previous month. Condition #7 as contained in the staff report is an error. It is a typo and should be deleted and ignored. Commissioner Polk asked if it should be moved as amended since condition #7 is an error. Mr. White responded yes. Commissioner Greenaway asked if the applicant is fine with conditions #5 and #6. Mr. White responded that they would have to comply with those anyway but now it is more clear. Commissioner Greenaway moved, seconded by Commissioner Portugal, to adopt findings of fact and conclusions therefrom as contained in the March 17, 2016 staff report as amended. The motion passed unanimously. Commissioner Greenaway moved, seconded by Commissioner Portugal, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit for the location of a preschool operation at 4818 W. Irving Street, with conditions as listed in the March 17, 2016 staff report. The motion passed unanimously. C. Special Permit Special Permit to locate a daycare center in an existing home (Juan & Mariana Valdivia) (MF# SP 2016-003) Chairwoman Khan read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit application to locate a daycare center in an existing home. He explained that condition #5 #6 was added to the staff report based on the Planning Commission’s discussion the previous month which identifies State regulations for fencing. -3- Commissioner Mendez moved, seconded by Commissioner Greenaway, to adopt findings of fact and conclusions therefrom as contained in the March 17, 2016 staff report. The motion passed unanimously. Commissioner Mendez moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit for the location of a daycare center at 3503 W. Sylvester Street, with conditions as listed in the March 17, 2016 staff report. The motion passed unanimously. PUBLIC HEARINGS: A. Special Permit Special Permit to locate a daycare center (Rosa Cantu) (MF# SP 2016-005) Chairwoman Khan read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit to locate a daycare center. The proposal is to locate a daycare center in a C-3 zone at 220 N. Oregon Avenue. The applicant has indicated that the proposal is to operate the daycare center 7 days per week for 16 hours per day and could serve up to 82 children per day. The property is surrounded by commercial uses and is being used commercially. The staff report identifies the state requirements for the number of the features or at least the child/teacher ratio and an estimated traffic generation rate was provided. A list of preliminary findings have been developed as well as a list of possible conditions. Commissioner Portugal asked if there is a fence around the property. Mr. White answered that currently there is not. Commissioner Greenaway added that they would have to comply with state law regarding fencing. Mr. White stated that this daycare application is similar to other daycare centers that have been discussed. Chairwoman Khan responded that one of the approval conditions states that they will conform to Washington State Department of Early Learning regulations. Commissioner Polk asked for clarification on the sketch that was included in the staff report of the proposed daycare. Mr. White clarified the proposed design, including the layout, streets and parking. Commissioner Mendez stated that he was concerned because there were no grass areas for the kids to play and lack of fencing and if the facility would have to be inspected by the State before they issue a license. Mr. White responded that they would need to be approved by the State prior to a license -4- being issued. Commissioner Greenaway added that the State has very specific rules for any daycare. Rosa Cantu, 115 Honeysuckle, spoke on behalf of her special permit application. The facility currently doesn’t look the way it’s going to look because she is just starting the process. She is trying to get all of the permits taken care of and prior to opening it will have to be approved by the State or else they won’t be able to operate. In the front it will have enough playground space and parking. Commissioner Polk asked if she has a new drawing. Ms. Cantu responded that she does and handed the drawing into the record for the Planning Commission to review. She explained that the engineer is still working on the design. Commissioner Mendez asked if the total area is 3,000 square feet. Ms. Cantu responded that it is 2,211 square feet. He asked if it would have the capacity of 80 kids. Ms. Cantu answered that it would have 80-90, depending on what the State approves. Commissioner Polk asked if that would contain school aged children who won’t be there for the entire day. Ms. Cantu said that is correct, they will offer a before and after school program. Chairwoman Khan asked if she had any concerns about it being located next door to commercial. Ms. Cantu answered that she did not have concerns because it will be completely fenced in. Commissioner Greenaway stated that the application just had 80 children as the maximum and if she would like to leave that open. Ms. Cantu responded that it was 80 before they started doing the design but with an addition there could be an extra preschool. It will not exceed 90. Commissioner Portugal asked if the State will have a requirement as to how many kids could be in one room and if that is being taken care of. Ms. Cantu stated that is being taken care of. With no further questions or comments the public hearing closed. -5- Commissioner Portugal discussed changing the approval condition from 80 to 90 for the capacity for the staff report at the next meeting. Commissioner Greenaway moved, seconded by Commissioner Polk, to close the public hearing and schedule deliberations, the adoption of findings of fact and development of a recommendation for City Council for the April 21, 2016 meeting. The motion passed unanimously. B. Rezone Rezone from RT (Residential Transition) to R-1 (Low Density Residential) (Promade Construction) (MF# Z 2016-002) Chairwoman Khan read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the rezone application from RT (Residential Transition) to R-1 (Low Density Residential). Back in 2014 the applicant for this rezone approached the Planning Commission with a rezone for 2-3 other parcels to the north of the site to have those properties rezoned from RT to R-1. That was passed by City Council following the Planning Commission recommendation. In 2014 the applicant was unable to purchase the site currently under consideration but he has now purchased it and would like to have it zoned to match the zoning to the north to complete his project. In 2014, he also received approval for a preliminary plat, Majestia Estates, and this is the one piece that was missing. Attached to the staff report is a short plat that shows that layout that he wishes to use to develop the lots on this property and will tie into Majestia Estates and finish the neighborhood. It is consistent with the Consolidated Plan and fits the neighborhood. Chairwoman Khan asked for clarification on Lot 1, as it appears there is a road to the east and the west of the lot. Mr. McDonald responded that the lines on the west is vacated road. It will not be a street. Bruce Pritchard, 2025 W. 27th Avenue, Kennewick, spoke on behalf of this application. He stated that he owns property to the south, which is zoned commercial. For commercial property it was great with Road 92 going all the way through it had flowing through traffic. Now the traffic has been blocked off and with residential going in, he was hoping Majestia Lane would run through to Road 90 but it appears that has been dashed. Chairwoman Khan responded that there is a short plat. Staff put the short plat on the overhead. Mr. Pritchard asked if there would just be a square way for traffic to go around. Chairwoman Khan said yes. Mr. Pritchard said that was what he was looking for. Chairwoman Khan clarified that there is a street that will connect from Majestia Lane straight through to Road 90. -6- With no further questions or comments to public hearing closed. Commissioner Greenaway moved, seconded by Commissioner Polk, to close the hearing on the proposed rezone and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the April 21, 2016 meeting. The motion passed unanimously. C. Block Grant 2015 Consolidated Annual Plan Evaluation Report (MF# BGAP 2016-001) Chairwoman Khan read the master file number and asked for comments from staff. Angie Pitman, Block Grant Administrator, discussed the 2015 Consolidated Annual Plan Evaluation Report. Notice of this public hearing was published in the local newspaper in English and Tú Decides in Spanish. The CAPER reviews the goals from the 2015 Annual Action Plan. Three goals were announced in the Annual Action Plan; (1) Affordable Housing, (2) Community & Economic Development and (3) Homeless Intervention & Priority Public Services. In 2015 the City expended $1.06 million for these projects. These projects included 2015 projects approved in the Annual Action Plan and prior year projects. A chart was referenced on the overhead projector showing where those funds were spent and the percentage of the totals. Public Facilities and Infrastructure consisted of the majority of the funds spent, approximately 70% for physical improvements. Code Enforcement, which is a part of decent housing but categorized as Community & Economic Development, spent roughly 5% of the funds. Public Services and Homeless Intervention projects used 9%. Planning and Administration used 10% of the funds. Affordable Housing used 1% of the funds. Economic Development activities used roughly 6%. Chairwoman Khan asked if there are guidelines to how the funds should be allocated, such as what takes priority. Ms. Pitman stated that there are no priorities as far in terms of the three goals that are outlined in the plan. They have to be in the Five Year Consolidated Plan that was approved in 2014. The Consolidated Plan is the overall plan for the next 5 years and each year there is a supplement to state the plans for each year. The activity must meet one of the goals and the City of Pasco’s priorities and eligibilities and national objective requirements. Rick White, Community & Economic Development Director, added that the City does have a prioritized approved Resolution 1969 which identifies the priorities, such as, community infrastructure. It doesn’t prioritize non-city social service programs because they have their own separate block grant funds. The City of Pasco prioritizes community infrastructure which is why such a large percentage of the funds were spent on City physical improvements. Ms. Pitman stated that in the CAPER under the technical report the goals are listed with what City has stated would be spent in the next five years towards these types of activities and what is expected during that five year period and what is accomplished. In all goals, -7- the City is ahead of expectations with the exception of Affordable Housing, which was not unusual. There weren’t many housing projects estimated. In the five year period it was only estimated that 10 projects would be completed through the CHIP rehab program. In 2015 the City provided down payment assistance for 23 households and the NSP program addressed foreclosed properties in the City. Chairwoman Khan asked for clarification on the numbers in the report regarding percentages complete. Ms. Pitman answered that the first percent complete is the progress in the five year plan and the second percent complete is the progress in this year’s goal. With no further questions or comments the public hearing closed. Commissioner Polk moved, seconded by Commissioner Greenaway, the Planning Commission close the public hearing and recommend the City Manager approve the 2015 Consolidated Annual Plan Evaluation Report as presented. The motion passed unanimously. D. Block Grant Neighborhood Stabilization Program 1 (NSP1) Closeout Performance Report for Contract No. 08- F6401-014 (MF# BGAP 2016-001) Chairwoman Khan read the master file number and asked for comments from staff. Angie Pitman, Block Grant Administrator, discussed the Neighborhood Stabilization Program 1 (NSP1) Closeout Performance Report. In 2009 the City received an entitlement of funds that were a part of the stimulus package to handle the housing crisis of foreclosures. The City of Pasco qualified for that grant due to the number of foreclosures that were in the city. The City received additional funds later on when some other entitlement projects dropped out. During this contract award period the funds have been used for home owner assistance. In the beginning the plans were to use all of the funds for home owner assistance which would provide down payment assistance and some minor funds to fix up houses for a person buying a foreclosed property, however, HUD stated that it needed to be assigned to an address. The plan was then revised and 50/50 would go towards acquisition and rehabilitation that could also be used as down payment assistance and used to purchase and rehabilitate foreclosed properties. 25% of the funds had to be spent to assist households that earned less than 50% of the earned median income, however, 43% actually went to households who earned less than 50% of the area median income. During the last few years the City has spent $685,024 of NSP funds, including program income that was generated from houses purchased, rehabilitated then sold. The program income has allowed the City to continue assisting people with down payment assistance. It was estimated in the beginning that 7 households would be assisted with NSP funds, however, during the course of this time 16 households have been assisted – 12 down payment assistance and 4 acquisition/rehabs. Chairwoman Khan asked out of the down payment assistance, how many families have been able to retain the home. Ms. Pitman responded that there have been no foreclosures. The underwriting is more -8- stringent than many of the banking institutions because the goal is to keep the homeowners in their home. Commissioner Mendez asked what the average amount given for down payment assistance. Ms. Pitman stated that the average was $10,000 per household. Commissioner Polk stated that it was nice to get an update on how the funds were used and the accomplishments. Chairman Khan asked what the average family income in Pasco that would qualify somebody to be under 50% area median income. Ms. Pitman stated that the number is determined on the household family size. Commissioner Mendez asked if the majority of those assisted were of moderate income as opposed to low income. Ms. Pitman stated that moderate income is 80% below median income so they are all considered low income but 43% were earning 50% or below median income. For each household a Part 5 – Income Eligibility is completed to determine need. Commissioner Mendez asked if they required income verification. Ms. Pitman answered that third party income verification is required. With no further questions or comments the public hearing closed. Commissioner Greenaway moved, seconded by Commissioner Polk, the Planning Commission close the public hearing and recommend the City Manager approve the Neighborhood Stabilization Program 1 (NSP1) Closeout Performance Report as presented. The motion passed unanimously. COMMENTS: With no further discussion or business, the Planning Commission was adjourned at 7:52 p.m. Respectfully submitted, David McDonald, City Planner