HomeMy WebLinkAbout10-20-2016 Planning Commission Meeting Minutes REGULAR MEETING October 20, 2016
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 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:
Chairman Cruz read a statement about the appearance of fairness for hearings on land
use matters. 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 Greenaway moved, seconded by Commissioner Polk that the minutes dated
September 15, 2016 be approved. The motion passed unanimously.
OLD BUSINESS:
A. Special Permit Special permit to locate a nightclub in a C-1 zone
(Bernardo Lopez & Aleiandro Leon) IMF# SP 2016-
0101
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, noted that the item was a
continuation of the hearing from the previous Planning commission meeting, and that a
number of letters were handed to the Clerk. Copies of the letters have been placed in
Planning Commission packets.
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Mr. White also noted that the Commission requested additional information regarding the
number of police calls to existing nightclubs in Pasco, which information was also
included in the Commission packets. Mr. White cautioned commissioners that the totals
shown on page 3 of the report are not yearly averages, but rather totals for the past 5
years.
Mr. White reminded the commission that eh property is located at the southwest corner of
181h Avenue and Bonneville Street, and that the report details the proposed uses within
the 10,000 square-foot building on the property, such as the bar area, the dance floor,
dining area and kitchen space.
Mr. White explained that the Environmental Impact Determination is being withheld until
the conclusion of the public hearing process. It is anticipated that if the process moves
forward we may be required to ask for additional information or a revised application
addressing noise, land use, light, and glare.
Mr. White noted that staff has prepared findings of fact and conclusions based on the
requirements we need to follow for Special Permits, and a recommendation for denial
based on those findings of fact and conclusions.
Chairman Cruz reopened the public hearing and requested discussion on behalf of the
Planning Commission.
Commissioner Khan asked whether the definition of a bar differs from that of a nightclub
or dance hall.
Mr. White responded that he did not think the Code defined bars specifically but that it
would be according to the common dictionary definition of a place that sold alcoholic
beverages.
Commissioner Khan asked if it would therefore not fall under the C-1 zoning district, but
would require a Special Permit even if it were just a bar.
Mr. White responded that a bar is not allowed in the C-1 zone except along with existing
food services.
Commissioner Bowers expressed some confusion concerning the opposition letters added
to the Commission packets, that they were "translated letters" but that the letters are a
standard form letter objecting to the permit being granted, with signatures.
Mr. White responded that he did not remember the word "translated" being used, and that
it is obvious they were indeed standardized form letters, probably walked around the
neighborhood by the opponent and apparently signed by either the residents or the
property owners.
Chairman Cruz offered to read one of the letters for the benefit of the television audience:
"Dear City of Pasco: This letter is regarding petition Master File Number SP 2016-010 to
locate a night club at 220 North 18th Avenue Pasco, Washington.
The purpose of this letter is to express objections to this permit being granted. This
neighborhood has families and does not want a nightclub type of crowd in our residential
area. Please consider this request and do not grant the permit."
He also noted that there are "50-ish" letters, and that it was not an insignificant amount
of paper.
Commissioner Portugal asked if there was no address on the letter Chairman Cruz just
read.
Chairman Cruz responded that he just picked up one at random.
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Commissioner Portugal correctly noted that the first letter, from Hector 8s Tammy Garza
had no address on it, and wondered where they lived.
Commissioner Lukins responded that Mr. Garza is in the audience and spoke last month
at the hearing, and that he owns property in the area, and we have his property on the
record.
Chairman Cruz asked for any other discussion on behalf of the Commission.
Commissioner Portugal correctly noted that some of the letters came from the same
residence.
Commissioner Greenway responded that if they are all legal adults they can all sign
separate letters—if there are ten legal adults in the home they can sign ten letters.
Chairman Cruz again asked for any other discussion on behalf of the Commission.
Commissioner Khan asked if it was true that a restaurant could be operated in the C-1
Zone without a Special Permit.
Mr. White responded that yes, that is true.
Commissioner Khan asked if it was true that a bar could be added to a restaurant in the
C-1 Zone without a Special Permit.
Mr. White responded that yes, that is true.
Commissioner Khan asked if it was true that stand-alone nightclubs and dance halls
require a special permit to operate in the C-1 Zone.
Mr. White responded that yes, nightclubs and dance halls require a special permit to
operate in the C-1 Zone.
Chairman Cruz asked for any final discussion from the Commission and then re-opened
the hearing, inviting the applicants to speak, and told them to state their name and
address for the record.
Bernardo Lopez stated his address as 220 N 18th Avenue, Pasco WA.
Alejandro Leon stated his address as 943 W Sylvester Avenue, Pasco WA.
Bernardo Lopez asked if the Commission was going to make a decision today.
Chairman Cruz responded that they were going to open the public hearing and listen to
public comments and incorporate that information, along with the letters and the police
calls information into the record, and then the Commission would vote today. The
recommendation would then go to City Council for a vote to accept or reject the
Commission's recommendation.
Bernardo Lopez commented the regarding the letters that some of the people didn't know
what the letters said, that they just signed them. He also noted that the letters were all
form letters, and that he had thought from the last meeting that all the letters were
different.
Chairman Cruz asked for any other input from the audience.
There were no further comments from the audience.
Chairman Cruz asked for any other comments from the Commission.
There were no further comments from the Commission.
Chairman Cruz entertained a motion from the Commission.
Commissioner Greenaway moved, seconded by Commissioner Bykonen to adopt findings
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of fact and conclusions therefrom as contained in the October 20th, 2016 staff report. The
motion passed unanimously.
Commissioner Greenaway moved, seconded by Commissioner Bykonen, based on the
findings of fact and conclusions therefrom, the Planning Commission recommend the City
Council Deny a special permit for location of a nightclub at 220 North 18th Avenue. The
motion passed 8-1 with Commissioner Portugal dissenting.
Respectfully submitted,
B. Special Permit Special Permit to locate an Elementary School (Pasco
School District) (MF# SP 2016-0091
Chairman Cruz read the master file number and asked for comments from staff.
Dave McDonald, City Planner, explained this item was continued from the last public
hearing in September to give staff time to research the location of the sewer line running
north and south along the eastern edge of the school site. During the previous meeting
there was a concern the north south sewer was not locate in the easement along the
eastern edge of the property. A crew located the sewer line and it is located where it was
supposed to be. The School District has provided a revised site plan with roads over the
sewer lines a copy of which is on the bench before the Planning Commission. Mr.
McDonald indicated there were no other changes to discuss.
Commissioner roach moved, seconded by Commissioner Polk, to adopt the findings of fact
and conclusions therefrom as contained in the October 20, 2016 staff report. The motion
passed unanimously.
Commissioner Roach moved, seconded by Commissioner Polk, based on the findings of
fact and conclusions as adopted the Planning Commissioner recommend the City Council
grant a special permit to the Pasco School District for the location of an elementary school
in the 4000 block of Road 84 (Parcels ##11758 10 10 and #117582019) with the conditions
as contained in the October 20, 2016 staff report.
PUBLIC HEARINGS:
A. Special Permit Location of wireless antennas (Verizon Wireless)
IMF# SP 2016-0111
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the special permit
to locate wireless antennas. The application is for wireless antennas and some ground
equipment at the Walmart site on Road 68 and Burden Boulevard. Verizon Wireless has
made an application to place three wall-mounted cell panel antennas on corners of the
building and then use the existing fenced area behind Walmart to place approximately 32
square feet of ground-mounted equipment. The antennas themselves would be on the
north, south and east facades and painted to match the existing structure. The staff
report contains the code citations involved for wireless communication facilities along with
the hierarchy where the City has intended them to be placed. In this case it is an existing
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building approximately 35 feet high so it meets the hierarchy. Staff has developed
findings of fact, conclusions and a recommendation that the Commission approve the
special permit application.
Commissioner Roach asked for clarification on the definition of a "sleeper" that was
discussed in the analysis of the staff report.
Mr. White answered that they are slips that cover the antennas to hide the gears and
wires.
Commissioner Bowers asked if any of the other wireless carriers have what Verizon is
requesting at the Walmart site.
Mr. White responded that there are many antennas on the water towers located on Road
76 from various wireless carriers. Nothing is located on Walmart at this time.
Commissioner Lukins moved, seconded by Commissioner Greenaway, to close the hearing
on the proposed Verizon Wireless Cellular antennae and equipment proposal and initiate
deliberations and schedule adoption of findings of fact, conclusions and a
recommendation to the City Council for the November 17, 2016 meeting. The motion
passed unanimously.
B. Comp. Plan Amendment Amendment to the Comprehensive Plan (Sharma)
(MF# CPA 2016-001)
Chairman Cruz read the master file number and asked for comments from staff.
Dave McDonald, City Planner, discussed the Comprehensive Plan amendment proposed by
Mr. & Mrs. Sharma for their property at Road 100 and Burns Road. About a year ago the
Sharma's petitioned for annexation to the City. Shortly after the annexation process Mr.
Sharma hired an engineer to do a tentative layout for a single-family residential
subdivision on that property. The layout contained 56 lots. After putting numbers
together they quickly realized that it would be difficult to do a single-family development
so they have applied for a Comprehensive Plan Amendment to allow a higher density. One
of the problems the owners are facing is the fact the property is bordered by two arterial
streets. With that come improvements (i.e. paving, sidewalks, block wall, irrigation,
landscaping) on both arterial streets plus other fees. Typically it would take about 40
acres to make this cost effective.
When considering Comprehensive Plan Amendments it is important to look at the policies
and goals in the Comprehensive Plan. They are highlighted in the staff report. It is also
important to consider changing conditions in the. There are a number of changes that
have occurred; there are subdivisions going in to the west and in the County, there is now
a 20 inch water line that runs down Burns Road and eventually there will be a 15 inch
sewer line and the School District has purchased property to the west and east for new
schools. In the past year the City has also been heavily involved in a planning effort to
encourage development on the Adams property to the south. Burns Road, which was
formally named Powerline Road, is now fully paved between Road 68 and Road 100. Mr.
McDonald concluded by stating findings of fact and conclusions were included in the staff
report.
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Dennis Gisi, 5109 N. Road 68, Suite E, spoke in support of the Comprehensive Plan
Amendment. He felt that there is a need for this type of housing in Pasco and will help
with the growth of that area. The nearby Adams property has 150 acres for commercial
development and the multi-family residential zoning would help draw commercial
developers who look for rooftops.
Commissioner Bowers moved, seconded by Commissioner Polk, to close the hearing on the
proposed Comprehensive Plan Amendment and schedule the November 17, 2016 meeting
for deliberations and the development of a recommendation for the City Council. The
motion passed unanimously.
C. Comp. Plan Amendment Amendment to the Comprehensive Plan IWestl (MF#
CPA 2016-0021
Chairman Cruz read the master file number and asked for comments from staff.
Dave McDonald, City Planner, discussed the amendment to the Comprehensive Plan for
the West property. This item came before the Planning Commission in 2014 and involves
the modification of the urban growth boundary by including an additional 160 acres
directly north of the Madison Park Subdivision. The Planning Commission excluded the
north half of the property but ended up with 70-80 acres. The recommendation went to
the City Council and City Council passed a resolution granting the modification to the
urban growth boundary. That configuration was sent to the County and was modified
again slightly by the County Planning Commission. The County Commissioners then
denied the proposed boundary change. This process took a year and was completed in
2015. The property owners have again applied to include the entire 160 acres to be
included in the urban growth boundary. One of the factors that have changed since the
original application is the fact that there are updated population projections from the
Office of Financial Management (OFM). OFM is indicating the population for Pasco next
could grow to 124,000 in the 20 years. Today we are about 54,000 people short of that
number so the urban growth boundary needs to accommodate that projected growth.
There needs to be additional land for houses, parks schools and commercial development.
Staff reviewed the existing open land available for residential development inside the
urban growth boundary which is roughly 2,400-2,500 acres. A portion of that acreage is
under gravel contracts with American Rock (formerly Central Pre-Mix) so a portion of that
residential land cannot be used. The City of Pasco will need another 900-1,400 acres to
accommodate future growth. Mr. West and his partners are only asking to bring 160
acres into the urban growth boundary. Population projections need to be considered
along with utility capacities. Mr. McDonald discussed utility plans in regards to sewer
plan, water plan and Franklin PUD. Another concern that the Growth Management Act
has is the preservation of farm land. This land is currently being farmed but according to
the County Comprehensive Plan this is not an area that has long term commercial
significance for farming; the soils don't meet the specifications for prime farmland
designations. It is also against city limits and up against the Clark Addition. This site is
wedged between an urban area with a water system and a fire station and new elementary
school. One of the concerns brought up with the last application had to do with the
airport and the new airport protection zones. The City of Pasco and Franklin County
participated with the Port of Pasco in development of a new airport master plan. New
zoning regulations were adopted by the City and County to support the plan. In this area
there are two airport protection zones; Protection Zone 2 where no homes can be built and
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Protection Zone 4 which allows 1 home for every '/2 acre. Those zones are to protect the
airspace. Those zones removed a lot of buildable acreage in the city limits. The staff
report included findings of fact. Mr. McDonald also discussed a letter submitted by an
attorney represents the property owners asking for a continuance of the public hearing to
the November meeting.
Commissioner Portugal asked for clarification as to the location of the proposed 160 acres
to be included in the urban growth boundary.
Mr. McDonald indicated on the map the location of the property.
Commissioner Bowers asked about the airport protection zones that would not allow
develop on parts of the 160 acres, yet the applicant would still like to be included in the
urban growth boundary.
Mr. McDonald indicated on the map the 32 acres that could not be developed; however,
the rest of the 160 acres could be developed.
Chairman Cruz reminded the Commission that there was previous discussion on the first
time this application was presented. There will be a balance of lower density to higher
density and interesting streets.
Mr. McDonald added that either side of Protection Zone 2 can be developed. He went on
to discuss why this property meets the priorities to be included in the urban growth
boundary.
Commissioner Portugal asked if this application will have to go to the County.
Mr. McDonald responded that it will. The Growth Management Act it doesn't give the City
the authority to enact its own urban growth boundary. The City can request and
recommend but the County is the official body that establishes the urban growth
boundary.
Mark Watson, 230 S. 2nd Street, Yakima, spoke on behalf of this item. He stated that he
was an attorney for the applicant and was filling in for Mr. Carmody, the attorney who
wrote the letter requesting the hearing be continued.
Tom Kidwell, 4320 Rivherhaven, spoke on behalf of the applicants for this property. He
stated that as the land surrounding this property is developing it seemed as though they
should try again to include this into the urban growth boundary as it will match the
character of the surrounding area. He's even had interest for the property that can only
have 1 house for every '/2 acre.
Erik Weinheimer, 2220 SLI Road, Sunnyside, WA spoke on behalf of this application. He
feels all of the concerns have been addressed and this amendment should go forward.
Ron Foreaker, Manager of the Tri-Cities Airport, spoke on behalf of this application. He
stated they had a Port of Pasco Commissioners meeting and spent a lot of time discussing
this application. He stressed the importance of the approaches to the runway for the
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airport. They have 4 approaches and this is the only approach in which the runway could
be extended. He said it was important to look at the needs for the next 20-40 years for the
area. In that time, more than likely, they will need to extend that runway. He asked the
Commission to keep the expansion a priority as this airport serves over a million people in
the area, not just the Tri-Cities. He read a letter into the record that was prepared after
the Port of Pasco Commissioners meeting.
Commissioner Lukins stated that he wasn't on the Commission when this came forward in
2014 but asked if this came to the Planning Commission in 2010.
Mr. McDonald stated it did but the airport overlay didn't exist then. It was denied due to
sewer capacity at that time. The sewer issues have been addressed. He then addressed
some of the concerns that were read by Mr. Foreaker of the County Commissioners
findings of fact.
Commissioner Lukins moved, seconded by Commissioner Greenaway, to continue the
hearing to the November 17, 2016 meeting. The motion passed unanimously.
D. Comp. Plan Amendment Amendment to the Comprehensive Plan (Rowell)
IMF# CPA 2016-003)
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the amendment to
the Comprehensive Plan for the Rowell property. The land is currently under a mixed
density residential and commercial designation on approximately 14 1/2 acres on the
northeast corner of `A' Street and Heritage Boulevard. The current mix of Comprehensive
Plan Designations allow residential and commercial development but only in zones "O"
(Office) and C-1 (Retail Commercial). The applicant is requesting a commercial
designation on this site so he can have the heavier C-3 (General Commercial) zoning. The
staff report goes into a fair amount of detail on the investments the City has made in
Heritage Boulevard and East `A' Street in terms of establishing those routes as appropriate
to serve the Heritage Industrial Center which is located directly south of this site. The
industrial center itself also received about $1.9 million in state funding 3 years ago to
install 6,000 square feet of rail line through the center. Prior to that the City and County
established a $600,000 rail switch to serve the $1.9 million rail extension and is being
actively marketed for industrial development. He pointed out to the Commission that the
Comprehensive Plan is not a zoning document but it does set broad parameters on a given
property. The rezone process and in this case perhaps a special permit process with a
concomitant zoning agreement would be the appropriate tools the Commission would see
at some point in the future to establish zoning on the property. There is discussion in the
staff report regarding goals that staff believes it meets in terms of Comprehensive Plan
updates.
Chairman Cruz reiterated that this item is not a zoning determination. That would be
discussed in the future should the Comprehensive Plan Amendment be approved.
Commissioner Greenaway moved, seconded by Commissioner Mendez, to close the public
hearing on the proposed Comprehensive Plan Amendment and schedule the November 17,
2016 meeting for deliberations and the development of a recommendation for the City
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Council. The motion passed unanimously.
E. Rezone Rezone from C-1 (Retail Business) to R-3 (Medium
Density Residential) (Promade Construction LLC(
IMF# Z 2016-004)
Chairman Cruz read the master file number and asked for comments from staff.
Dave McDonald, City Planner, discussed the rezone application from C-1 (Retail Business)
to R-3 (Medium Density Residential). This site is in a transition area of the
Comprehensive Plan as being in between an area that could either go commercial or
residential. Looking at the property and the distance that it is from Sandifur Parkway
(700-800 feet) it really is on the outer edge of being a prime commercial location as it is too
far from Sandifur Parkway. It would serve as a good buffer between the single-family
residential to the north and commercial to the south.
Commissioner Roach asked about the vacant property to the north and if Promade
Construction owns it.
Mr. McDonald answered that Promade Construction does own it. That piece was part of
the Majestia Place Subdivision that is just finishing up. It is zoned single-family.
Commissioner Mendez asked if the proposed use is multi-family.
Mr. McDonald answered yes, R-3 (Medium Density Residential) but the site is not large
enough to have a large multi-unit development.
Commissioner Bowers moved, seconded by Commissioner Portugal, to close the hearing
on the proposed rezone and set November 17, 2016 as the date for deliberations and the
development of a recommendation for the City Council. The motion passed unanimously.
WORKSHOP:
A. Plan Department of Natural Resources (DNR( Update
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the upcoming
updates with the Department of Natural Resources owned land. He reminded the
Commission that November 17, 2016 is the auction for the land which was illustrated on a
map for the Commission to see. He briefly discussed what is happening on the property
right now.
OTHER BUSINESS:
With no further discussion or business, the Planning Commission was adjourned at
8:30 p.m.
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Respectfully submitted,
David McDonald, City Planner
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