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HomeMy WebLinkAbout09-15-2016 Planning Commission Meeting Minutes REGULAR MEETING September 15, 2016 PLANNING COMMISSION MEETING CALL TO ORDER: The meeting was called to order at 7:00pm by Chairwoman Roach. POSITION MEMBERS PRESENT MEMBERS ABSENT No. 1 Tanya Bowers No. 2 Kurt Lukins No. 3 Paul Mendez No. 4 Alecia Greenaway No. 5 Joe Cruz No. 6 Loren Polk No. 7 Zahra Roach No. 8 Pam Bykonen No. 9 Gabriel Portugal APPEARANCE OF FAIRNESS: Chairwoman Roach read a statement about the appearance of fairness for hearings on land use matters. There were no declarations. Chairwoman Roach 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 Roach explained that state law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Chairwoman Roach swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Lukins moved, seconded by Commissioner Bowers that the minutes dated August 18, 2016 be approved. The motion passed unanimously. PUBLIC HEARINGS: A. Special Permit Special Permit to locate an elementary school (Pasco School District) (MF# SP 2016-009) Chairwoman Roach read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the special permit application to locate an elementary school. The proposed site is on the northeast corner of Road 84 and the FDIC canal. The community has been going through a tremendous growth period over the past 15 years and Pasco has doubled in size. This year alone there will have been 300-400 permits issued for new homes. With all of those new homes there comes new children -1- who will be attending the Pasco School District. For this reason the Pasco School District has put in a special permit application to locate elementary school #16. The site is located north of Pathfinder Mobile Home Park, Chiawanna High School and nearby Linda Loviisa Farms housing development with hundreds of homes. It is on an arterial street and surrounded by vacant fields. Those fields used to be farmed but the DNR (Department of Natural Resources) is in the process of auctioning off those fields in November for development including commercial and residential. Much of the property is zoned R-1 and typically In Pasco you do find elementary schools in areas with significant residential development. This site does present a little bit of difficulty for staff in that at the present time there is a large sewer line that runs through the southern portion of the site about 140' north of the irrigation canal. Then there is a trunk line that runs north/south about 150' to the west of the east property line. Staff has been working with the School District to try and locate roads on top of those sewer lines. Since this hasn't been worked out at the time, staff is requesting that the Planning Commission hold the public hearing but continue it to the next month's meeting to allow staff and the School District to work through the details. Another difficulty on this site is that during the DNR auction process, there is a possibility that one developer will pick up all of the residential property around the school and there could be a possibility of sewer lines being moved. Commissioner Polk asked for clarification that this site is located on two properties and if there has been a parcel created to the north. Mr. McDonald responded that it is located on two tax parcels with a total of about 26 acres. The Department of Natural Resources has already created a parcel to the north. All of their parcels are larger than 5 acres so they didn't need to go through the platting process. Commissioner Bowers asked when this school will be constructed. Mr. McDonald responded that the School District will be able to answer that during the hearing but it depends on when the bond is passed. Commissioner Bowers asked where this school falls in schedule with other schools to be built in Pasco. Mr. McDonald answered that a representative from the School District should be able to answer that as well. Randy Nunamaker, Executive Director of Operations for the Pasco School District, 1215 W. Lewis Street, spoke on behalf of this application. The proposed location will provide overcrowding relief for the rapid growth in West Pasco. As for timing of construction of the school, the School Board is looking to run a bond in February 2017 and with the current design of that school, the intent would be to begin construction in June 2017. Chairwoman Roach asked if the new school would serve the surrounding neighborhoods or if there would be redistricting. Mr. Nunamaker responded that once the bond passes it is yet to be seen what the boundaries will look like but there would likely be boundary line changes for the districts after the bond is approved. -2- Chairwoman Roach asked what other schools are going to be on the upcoming bond for approval. Currently there are plans for elementary school #16 and a portion of funds for an elementary school #17 because there is a class size reduction grant by the State. That school would start construction after elementary school #16 is completed. Also on the bond would be the replacement of Stevens Middle School with a new middle school. Commissioner Bowers asked if the proposed site is where there is the most need for a new school in Pasco. Mr. Nunamaker answered that there is significant growth in West Pasco and it is where there is the most need. The School District always makes sure to acquire property where there is the most growth occurring. Commissioner Portugal asked how the School District is communicating with the community for the plans for the new school. Mr. Nunamaker stated that the community has been involved. In January 2016 through June 2016, there was a Pasco Facilities Task Force made up of community members. They met 6-7 times over the course of that period and made a recommendation to the School Board and the board accepted their recommendation. There will also be a new task force going forward with more recommendations for long range plans. There will be an announcement made to the community, as there was in the past task force, for participation. Commissioner Bowers referenced the staff report that stated that by 2019 it is estimated that there will be nearly 20,000 students enrolled in the Pasco School District. She asked what the current enrollment is for the district. Mr. Nunamaker stated that it is around 17,500. Commissioner Mendez asked what would be the size of the proposed elementary school and what is the average size. Mr. Nunamaker stated that the answer varies but the newest school constructed, Marie Curie, is a good example going forward and it can accommodate up to 700-800 students. Chairwoman Roach asked if that number includes portables. Mr. Nunamker responded that the estimated number does not include portables. Chairwoman Roach asked if the School District anticipates the need for portables at this location. Mr. Nunamaker stated that it depends on the bond growth and future speculation but it is possible. Historically speaking, yes, they would plan on using portables as needed in the future. -3- Chairwoman Roach asked Mr. McDonald about the DNR property that is to be auctioned off and if the costs of moving the sewer lines would be absorbed by the developer. Mr. McDonald stated that yes it would be up to the developer, not the School District. Chairwoman Roach asked if it is permitted in city code for the School District to place portables and as many as they need on school sites. Mr. McDonald replied that there has been no limitation on portables and that there is no code requirement or prohibition. Commissioner Lukins discussed the FDIC canal to the south of the property and the 6' fence requirement for the School District to install and asked if that is standard. Mr. McDonald stated that in this case with a school like this the fence needs to be constructed to protect the children from the canal so this would be standard. The 6' block wall will provide that barrier and protection, as opposed to a chain link fence. Commissioner Portugal moved, seconded by Commissioner Polk, to continue the public hearing to the October 20, 2016 Planning Commission meeting. The motion passed unanimously. B. Special Permit Special permit to locate a nightclub in a C-1 zone (Bernardo Lopez & Alejandro Leon) IMF# SP 2016- 010 Chairwoman Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit for the location of a nightclub in a C-1 (Retail Business) Zone. The proposed site is at 220 N. 18th Avenue between Bonneville and Clark Street. Many years ago this location was the restaurant for the Black Angus Hotel and Restaurant. There are residential properties to the north and mixed residential and commercial properties to the east. There is a hotel style housing complex to the south and west. The provisions for dance clubs and night halls was added to the municipal code in 2014 to require a special permit in C-1 zones, otherwise it would have been an outright permitted use. The staff report goes into the square footage involved in various night club uses, parking issues and operating hours. The staff conclusion is that this proposal is not a good use at this location due to the transition to the residential nearby. However, staff has provided preliminary findings of fact and preliminary list of conditions should the proposal be approved. Chairwoman Roach asked if this location was the former Panda Woks after it was the Black Angus and if it went out of business as well. Mr. White responded that it was and is no longer operating. Chairwoman Roach asked if the hotel to the west is still in operation. -4- Mr. White answered that it is still operating. Commissioner Polk asked what the hours of the bar and restaurant was when it was in business. Mr White stated that he didn't know what their hours of operation were. Commissioner Polk asked if the hotel that is still in operating is transitioning to apartments. Mr. White responded that there is a problem with the current owner and transitioning the property to apartments. It is a C-1 zone so apartments are not allowed, however, hotels are allowed. There was either misleading statements or staff error that allowed the business license in 2016 to be signed off on for conversion of the apartments. Code Enforcement staff is currently working with the owner to get the problem resolved. Chairwoman Roach asked why apartments are not allowed when there are apartments across the street. Mr. White stated that apartments are permitted in the R-2 and R-3 zones nearby but the site that the hotel is located on is C-1 which does not allow apartments. Commissioner Polk asked if its proximity to Lewis Street that keeps it zoned commercially. Mr. White stated that the site has been zoned C-1 for decades. Commissioner Portugal asked what the total occupancy would be for this proposed night club. Mr. White responded that it depends. There is a calculation in the staff report that pertains to the number of parking stalls based on the square footage. The occupancy is based on different factors and would be based on their submittal for their floor plan. Bernardo Lopez, 220 N. 18th Avenue, spoke on behalf of his application. Alejandro Leon, 943 W. Sylvester Street, spoke on behalf of his application. Mr. Lopez stated that they would like to bring something different to the Tri-Cities and they have been planning to do this for a while. Mr. Leon spoke in Spanish for Commissioner Portugal to translate. Commissioner Portugal stated that Mr. Leon wanted to say that this project is something they have been planning for 20 years. They plan to have a night club with some entertainment. Commissioner Bowers asked why they chose this particular location for their night club. -5- Mr. Lopez responded that they have lived in Pasco most of their lives so they wanted to open the night club in Pasco. They saw that this property was for sale and came to the City Hall to speak with staff about this location to see if it would be permitted to operate a night club at this location. Staff told them yes so they purchased the property. After they purchased the property is when they were told that they would need a special permit. Had they known at the time they would need a special permit, they wouldn't have purchased that property. Commissioner Polk discussed a letter that was received by the Planning Commission from a neighbor of the proposed site who had concerns about a possible increase in gang related activities that could be associated with the night club. She asked if they had any plans to prevent any of that activity from impacting the neighborhood. Mr. Lopez didn't think gang activity would be an issue as they plan on having a classy night club. They only intend to operate Thursday-Sunday for the time being. They will try to have live entertainment, like when he worked at a bar in Spokane they would have a musician come and play the saxophone. Mr. Leon added that they want a nice night club for the Tri-Cities. Commissioner Portugal asked if they had a plan in case gangs to start hanging around the area or night club. Mr. Lopez asked if he meant during the hours of operation or after the hours of operation. Commissioner Portugal responded during the hours of operation. Mr. Lopez stated that when he worked at a night club before they would kick the problem people out and not allow then to come back to the establishment. Commissioner Polk stated that staff has made some approval conditions that would alter their planned hours of operation. She asked if they accepted those approval conditions. Mr. Lopez responded that they are in agreement with the approval conditions. They agree that 1:30 a.m. is a good time to close. Mr. Leon added that they are willing to work with the neighbors if they have any concerns or problems. Commissioner Mendez asked if he had experience running a night club and if he was familiar with security procedures. Mr. Lopez responded that he did have experience working at a night club. Commissioner Mendez asked how many people they anticipate serving on a nightly basis. Mr. Lopez stated that they have spoken with the Building Department and the estimated -6- number they could serve would be 300-400, predominantly on Fridays and Saturdays. Commissioner Portugal asked if they have someone lined up for security. Mr. Lopez answered that there is currently a security officer that patrols the area and monitors the property and that is something they can continue. Commissioner Portugal asked if this security is trained. Mr. Lopez responded that it would be a trained security officer. He stated that when he worked in a night club he was security so he also has experience. Griselda Lopez, 943 W. Sylvester Street, spoke on behalf of this item. She stated that the proposed location is not just surrounded by residential, there is also commercial, such as, Subway, a bakery and a grocery store. She stated that she supports the special permit application and that they have been working on this for a long time. Tammy Garza, 2527 Duportail Street, Richland, WA spoke on behalf of this item. She stated that she is a property owner of the property to the north of multi-family residencies. She spoke with her tenants about this proposal and asked about their concerns and she received 53 letters. She emailed the letters to Associate Planner, Jeff Adams, and submitted them into the record for the evening. She said residents are concerned and unhappy about the idea of a night club locating by their residency. They were unhappy when it was the Panda Wok which had a bar and the type of crowd that it drew. She added that the alley between Bonneville gives concerns to many of the single mothers living there. She added that she spoke to the nearby daycare and they are concerned about their parking lot being used. Commissioner Portugal asked if she had the chance to speak with the applicants about this project. Ms. Garza stated that she had not but spoke with her residents. She said she didn't know how to get a hold of the applicants. Griselda Lopez, 243 W. Sylvester Street, spoke again on this item. She said that Panda Woks that included a bar was in business for about 18 years so she didn't see the difference of these applicants opening a night club at the same location. Personally, she has spoken with many people in the area excited about the night club. Hector Garza, 2527 Duportail Street, Richland, spoke on behalf of this item. He stated that he went with his wife to speak to the residents in the adjacent blocks to this proposed site. The biggest concern of the residents was the people that this establishment will attract. He respects their intent but he knows what night clubs bring with drinking. He said that drugs will show up. He stated that there had been shootings when the Panda Wok was open. His concern is that it will bring more violence to the neighborhood. Alejandro Leon, 943 W. Sylvester Street, spoke on behalf of this item. He stated that they would be bringing an opportunity for jobs to the area and more entertainment. -7- With no further comments the public hearing was closed. Commissioner Polk asked if staff was aware of any code complaints or violations from this location or any criminal activity. Mr. White answered that he was not aware of any. The public hearing is closed and new evidence should not be presented unless the Planning Commission decides to continue the public hearing to the next meeting. Chairwoman Roach asked how many night clubs exist in Pasco. Mr. White said he was unsure but probably a hand full. Chairwoman Roach asked where they are located. Mr. White responded that there are 2-3 located on the outskirts of the central business district and downtown Pasco and there is 1 further north on 4th Avenue. Commissioner Bowers stated that the Planning Commission has not had a chance to look at the 53 letters from nearby residents that was submitted into the record. She asked if notifications went to these surrounding properties. Mr. White said yes, all addresses within 300'were notified of the public hearing. Chairwoman Roach asked if the Planning Commission will have a chance to look at the letters that were submitted. Mr. White responded that it would be good form to continue the public hearing to allow for new evidence into the public record. Chairwoman Roach stated that the Commissioners were in agreement to continue the public hearing. The public hearing was re-opened. Benardo Lopez, the applicant, stated that the notices were sent out for this public hearing and it was his understanding that this was going to be the only hearing. Chairwoman Roach stated that the public hearing will be continued to the next meeting so that the Commissioners can take in all of the appropriate information. Tammy Garza, 2527 Duportail Street, spoke again on this item. She said a lot of the population in this area is Hispanic and the notice was sent in English. Griselda Lopez, 243 W. Sylvester Street, spoke again on this item. She felt if the residents were so concerned, there would have been some at the public hearing. There was discussion between the Planning Commission and staff regarding the notification process and the possibility of sending notices out in English and Spanish. -8- Mr. White stated that the process needs to be consistent with other hearings that have occurred this calendar year to appear fair and that any procedural change should occur at the start of a new year. There were was no further discussion on this item. Commissioner Mendez moved, seconded by Commissioner Lukins, to continue the public hearing to the October 20, 2016 Planning Commission meeting. The motion passed unanimously. OTHER BUSINESS: Rick White, Community & Economic Development Director, stated that he had a correction to a question Commissioner Bowers asked at the last meeting regarding the repayment of down payment assistance funds. In 2015 down payment assistance loans are forgiven after 6 years as long as the property owners are still in the home, which was changed by the urging of Kennewick and Richland who Pasco is in a Consortium with. The Shoreline Master Program has been approved and is going through as the Planning Commission saw it and was recommended by Council. There will be an update regarding the DNR property at the October meeting. With no further discussion or business, the Planning Commission was adjourned at 8:13 p.m. Respectfully submitted, David McDonald, City Planner -9-