HomeMy WebLinkAbout09-21-2017 Planning Commission Meeting Minutes-1-
REGULAR MEETING September 21, 2017
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 Joseph Campos
No. 3 Paul Mendez
No. 4 Alecia Greenaway
No. 5 Joe Cruz
No. 6 Ruben Alvarado
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. 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 Greenaway moved, seconded by Commissioner Bykonen that the
minutes dated August 17, 2017 be approved. The motion passed unanimously.
OLD BUSINESS:
A. Special Permit Wireless Tower (PI Tower Development LLC with
T-Mobile) (MF# SP 2017-011)
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 wireless tower. Since the previous meeting, staff has added
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a condition regarding the color of the tower. The tower must be painted a neutral
color and will occur during the permitting stage. There were no additional comments.
Commissioner Bowers moved, seconded by Commissioner Greenaway, to adopt
findings of fact and conclusions therefrom as contained in the September 21, 2017
staff report. The motion passed unanimously.
Commissioner Bowers 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 to PI Tower Development LLC for the location of an
80-foot monopole and its associated ground equipment at 2600 North 20th Avenue
with conditions as contained in the September 21, 2017 staff report. The motion
passed unanimously.
B. Rezone Rezone from RS-12 (Suburban) to C-1 (Retail
Business) (D&D Enterprises) (MF# Z 2017-003)
Chairwoman Roach read the master file number and asked for comments from staff.
Dave McDonald, City Planner, discussed the rezone application from RS-12 to C-1.
Staff had no additional comments to add to this item.
Commissioner Bowers asked if the final determination after last month’s discussion
was in favor of rezoning to multi-family residential or commercial.
Mr. McDonald responded that the recommendation is to rezone from Residential
Suburban (RS-12) to Retail Commercial (C-1).
Commissioner Greenaway asked if this parcel was within the city limits.
Mr. McDonald responded that this piece of property was in the city limits.
Commissioner Mendez asked if there are any known developments that will be
occurring on this site.
Mr. McDonald said the applicant didn’t have a specific plan other than some type of
commercial. This site would lend itself to a small strip development.
Commissioner Bowers moved, seconded by Commissioner Alvarado, to adopt findings
of fact and conclusions therefrom as contained in the September 2, 2017 staff report.
The motion passed unanimously.
Commissioner Bowers moved, seconded by Commissioner Alvarado, based on the
findings of fact and conclusions as adopted, the Planning Commission recommend the
City Council rezone parcel number’s 118-552-022 and 118-552-081 at the southwest
corner of Argent and Road 68 from RS-12 to C-1. The motion passed unanimously.
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C. Zoning Determination Determination of Zoning in the D&D Annexation
Area (City of Pasco) (MF# ZD 2017-002)
Chairwoman Roach read the master file number and asked for comments from staff.
Dave McDonald, City Planner, discussed the zoning determination application for the
D&D Annexation Area. This item is to determine zoning on a piece of property prior to
annexation so that once it is annexed, zoning will be assigned. There will still need to
be an annexation hearing held by City Council. Staff had no additional comments.
Chairwoman Roach asked if there was a date set for the City Council annexation
hearing.
Mr. McDonald responded that it would be in October but a date has not been set.
Commissioner Alvarado asked what could happen if City Council decided not to annex
this piece of land, would that still allow the neighboring site just recommended for
rezone to develop commercial – would it have enough land still to develop commercial
without this piece of land.
Mr. McDonald answered that they have indicated that they would annexation. They
signed a resolution shortly after the initial petition came in with conditions. The
process is now in the applicant’s court to complete the second petition to move
forward.
Commissioner Greenaway moved, seconded by Commissioner Bykonen, to adopt
findings of fact and conclusions therefrom as contained in the September 21, 2016
staff report. The motion passed unanimously.
Commissioner Greenaway moved, seconded by Commission Bykonen, based on the
findings of fact and conclusions as adopted, the Planning Commission recommend the
City Council zone the D&D Annexation Area (parcel number’s 118 -552-031) to C-1.
The motion passed unanimously.
D. Code Amendment Revisions to Residential Design Standards for
False Dormers & Flat Roofs (City of Pasco) (MF#
CA 2017-004)
Chairwoman Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the code
amendment for revisions to residential design standards for false dormers and flat
roofs. The Commission has seen this item several times and has had discussion.
There has been one change since the previous staff report. The proposed ordinance
allows false dormers on roof pitches at least 5/12, however last month it stated 6/12
pitch.
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Chairwoman Roach asked if there would need to be 30 sqft of glazing or 32 sqft. and
what side of the property.
Mr. White clarified that it was only for the front side of the property. And there is an
option in case someone doesn’t want that much open window area.
Commissioner Mendez asked what “fenestrated false” dormers were.
Mr. White responded that it meant those that have openings.
Commissioner Alvarado asked if there has been much interest for more flat roofs and
if that was the reason for the rezone.
Mr. White replied that there has been interest but as of now there hasn’t been a tool to
handle those that do want a flat roof. There is the option to apply for a variance which
is difficult to get because there is nothing “special” about a lot to justify a flat roof.
That is the reasoning for the code amendment.
Commissioner Bykonen moved, seconded by Commissioner Greenaway, the Planning
Commission adopt the findings of fact as contained in the September 21, 2017 staff
memo regarding roof pitch and false dormer requirements. The motion passed
unanimously.
Commissioner Bykonen moved, seconded by Commissioner Greenaway, the Planning
Commission recommend the City Council adopt the proposed code amendment
regarding roof pitch and false dormer requirements as attached to the September 21,
2017 staff memo to the Planning Commission. The motion passed unanimously.
E. Code Amendment Revisions to CBD Zoning (City of Pasco) (MF#
CA 2017-005)
Chairwoman Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the code
amendment for revisions to the Central Business District (CBD) Zoning. There were
no additional comments from staff.
Chairwoman Roach asked if this would exclude the Pasco Specialty Kitchen.
Mr. White said no because it didn’t qualify.
Chairwoman Roach asked if consignments stores used to have to be only 300-500 feet
from another and not 1,000 feet from each other and if that changed.
Mr. White said no, it hadn’t changed and 1,000 feet is what was adopted years ago.
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Commissioner Mendez asked if this ordinance would prohibit taverns and pool halls in
the downtown area.
Mr. White replied that this code amendment doesn’t but the one adopted in the 1990’s
did and there haven’t been changes made to it since.
Commissioner Bowers moved, seconded by Commissioner Portugal, the Planning
Commission recommend to City Council the adoption of the proposed amendments to
the Central Business District Zone as contained in the September 21, 2017 Planning
Commission staff report. The motion passed unanimously.
PUBLIC HEARINGS:
A. Special Permit Location of a Church in a C-3 District (Pedro
Bautista) (MF# SP 2017-012)
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 church in a C-3 zoning district. Churches require the
special permit process regardless of zoning. This site may look familiar as a site for a
church because it was approved by the Commission in 2011 for a church in almost
the same location on the back side of the strip mall on the corner of Road 34 and
Court Street. This is almost identical except it involves a different suite in the
building. The church will be roughly 1,000 square feet. The special permit that was
granted in 2011 cannot be used for this application because it contained a condition
that stated it was personal to the church applicant at that time rather than the
locations. Staff would recommend that the Commission not include that condition on
this particular special permit should they decide to recommend approval. There is
plenty of parking at this site and churches rarely, if ever, conflict with the typical
business day commercial traffic.
Commissioner Bowers asked if there was anything in the staff report about bathrooms
and if staff knew how many were available.
Mr. White responded that he did not know how many bathrooms were available but
one of the conditions is that they meet the International Building Codes so it will be
handled.
Pedro Bautista, 1327 N. 24th Avenue, Apt. 3A, spoke on behalf of his application.
Commissioner Alvarado translated on his behalf. He wanted to make sure his
congregation had a legal place to come pray and worship.
Commissioner Portugal asked the applicant in Spanish if he understood the
conditions contained in the staff report.
Mr. Bautista responded that he did not.
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Chairwoman Roach stated that the Commission should go over the conditions with
the applicant to ensure he understood them clearly.
Mr. White responded that staff can work with the applicant as there are several
employees available to translate.
Commissioner Portugal explained to the applicant to arrange a time with staff to go
over the conditions.
Chairwoman Roach asked if the Commission should continue the public hearing to
allow the applicant a chance to meet with staff and bring back any questions or
comments.
Mr. White replied that the Commission can continue the hearing.
Commissioner Mendez asked how many people would attend the church.
Mr. Bautista said only about 6 people.
Chairwoman Roach asked if they plan to expand.
Mr. Bautista responded that they are hoping to grow. He asked if he would have
access to the building.
Commissioner Portugal said once the permit is issued which could be 1-2 months
since it has to come back to the Planning Commission and to Council.
Mr. Bautista said that he understood.
Commissioner Alvarado reiterated everything in Spanish for the applicant.
Commissioner Mendez moved, seconded by Commissioner Greenaway, to continue the
public hearing to the October 19, 2017 Planning Commission meeting for deliberations
and the development of a recommendation for City Council . The motion passed
unanimously.
B. Rezone Rezone from I-1 (Light Industrial) to I-2
(Medium Industrial) (Tom Kidwell) (MF# Z 2017-
005)
Chairwoman Roach read the master file number and asked for comments from staff.
Dave McDonald, City Planner, discussed the rezone application from I-1 to I-2. The
property owner owns several parcels along the PK Highway, Ventura Road and
Commercial Avenue. There was a hearing on this same site about a month ago for a
special permit to locate a ready-mix plant. The applicant now wishes to rezone the
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property to I-2. This site has been included in the Comprehensive Plan for over 35
years for industrial development. Within the Comprehensive Plan the industrial
designation doesn’t specify what zoning district properties are to be zoned but that is
to take place through the hearing process. The industrial designation would allow
properties to be rezoned to I-1, I-2 and I-3, except I-3 is just reserved for the Port of
Pasco down along the river near the Sacagawea Park. The difference between I-1 and
I-2 zoning is mainly that in the I-2 zone, property owners can locate salvage yards,
junk yards, automobile wrecking yards and then the list of conditional uses would
require special permit are lengthy compared to the I-1 zone. I-2 zone conditional uses
would include: garbage dumps, rendering plants, acid manufacturing, cement and
lime manufacturing, commercial composting and asphalt batch plants. The
surrounding area does have more intense industrial uses. Just up the road is the
regional dump site for Basin Disposal. There are also food processors, warehouses for
storing potatoes and onions and at certain times of the year those warehouses can
have a very foul odor that you wouldn’t find in heavier commercial or light industrial
areas. Provided in the staff report is a list of findings of fact for review.
Commissioner Bowers asked about the Oxarc facility mentioned in the staff report and
if it was the name of a company.
Mr. McDonald responded yes, they are a welding supply facility.
Commissioner Alvarado voiced concern because across the highway there is
residential. He has heard complaints from residents in this area about odors so he is
worried if it is zoned I-2, it would only add to the problem.
Mr. McDonald replied that is why most of the foul smelling items are contained in the
conditional use section. If an asphalt batch plant wanted to come along or a
rendering plant, they would require an additional hearing and at the hearing stage the
Planning Commission can place conditions on that use or recommend denial. This
provides another step and safeguard for the community and that neighborhood with
the conditional use process.
Commissioner Alvarado asked if there was a process for letting those residents know
about the rezone application.
Mr. McDonald said that there is a notification sent to property owners within 300 feet
of the proposed site and the residents in this case are well beyond 300 feet. There is a
notice placed in the newspaper and posted on the City’s website.
Commissioner Alvarado clarified that the residents near this proposed site yet were
past the 300 foot radius notification would have to know to check the paper.
Mr. McDonald replied that the City could send the residents an additional notice to
these residents specifically as an option.
Commissioner Alvarado said that he felt it would be important to these homeowners
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because at this time he doubts most of them are aware.
Commissioner Portugal asked about the 300 foot radius notification and how that is a
State mandate. He asked for clarification on the rules.
Rick White, Community & Economic Development Director, replied that this had come
up in the past and it involved a cell tower application. That specific concern was
taken to City Council through 2-3 workshop hearings and Council opted to maintain
the required distance consistent with State law and the rest of the applications and
cities in Washington State. He said he was unsure of which neighborhood nearby this
site Commissioner Alvarado was referring to but he thinks the nearest neighborhood
is 1,800 feet away.
Commissioner Alvarado said he believed that right across from Sunrise Estates there
is future development coming.
Mr. White responded that he wasn’t certain on the distances but from the edge of the
proposed site to Highway 12 is roughly 700-800 feet or more. One of the reasons City
Council decided not to change the 300 foot radius notification because it gets
extremely complicated and the likelihood of anyone within 2,100 feet worried about a
project that far away is slim.
Chairwoman Roach asked if there is a public notice that is posted on the property.
Mr. White said no – it is posted on the webpage, in the newspaper and sent directly to
property owners within 300 feet of the exterior boundaries of the site.
Commissioner Bykonen clarified that the notice was sent to the property owner, not
necessarily the resident.
Tom Kidwell, 4320 River Haven, spoken on behalf of his application. The purpose of
this public hearing is only for the rezoning of the property. He will have to come back
through a public hearing for a special permit in order to locate an asphalt plant at this
location.
Chairwoman Roach asked if he had someone interested in this site for a particular
use.
Mr. Kidwell responded that it was the same gentleman that was at the previous
month’s public hearing for a concrete plant.
Chairwoman Roach asked if the entirety of the site would be used for concrete and
asphalt.
Mr. Kidwell said yes. The name of the company is JMAC from Wenatchee, Washington
and from his understanding they run a very clean operation.
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Chairwoman Roach asked if there was anything else he would like to state.
Mr. Kidwell answered that he would like the Commission to move forward with the
rezone so he can come back to the Planning Commission with the special permit
application which will involve more detail. The special permit cannot be requested
until a rezone has been approved.
Randy Hayden, Executive Director for the Port of Pasco, 1110 Osprey Pointe Blvd,
spoke on behalf of the rezone application. He stated that he was not in opposition of
the rezone but did have some concerns. The Port has been speaking with DNR who
owns the land to the northeast to purchase for a future industrial park, like the Pasco
Processing Center. His concern is if an asphalt plant locates at this site, which is the
interest expressed by the applicant, there could potentially be odors that would
detract from a food processor. He isn’t certain that it would be a deterrent and i n
today’s standards there are probably stricter controls on asphalt plants, but he is
concerned it could still potentially detract from potential food processors. In terms of
the residential, he did feel that the proposed site is far enough away downwind of
odors that would come back to the houses so it shouldn’t be much of an issue. The
existing uses surrounding the property, such as the garbage dump and onion sheds,
are far enough away to the north and east that they don’t have the same character. If
it were allowed, he would ask that when the special permits come in that the
Commission is very careful on how they are compatible with the other types of uses.
The Port is trying to attract industry in Pasco and if it becomes unattractive to those
types of food processessors, he would hate to see the business lost. On the other
hand, a new asphalt plant would be good in Pasco. A lot of asphalt is used at the
airport and having competition in the area could be a good thing.
Chairwoman Roach responded that the Commission has already approved a special
permit for a concrete ready-mix plant for the southern portion of this site.
Mr. Hayden replied that he was aware of the approval of the concrete ready-mix plant
and didn’t see any issues with that type of activity.
With no further questions or comments the public hearing was closed.
Commissioner Bowers asked if asphalt production was different than concrete.
Mr. McDonald answered yes.
Chairwoman Roach asked if there was an unpleasant odor created by asphalt mixing
plants.
Mr. McDonald said there was, especially with the older plants. The newer modern
plants try to control the odor.
Commissioner Bykonen added that she believed there was an asphalt company in
Richland on Lacey Road in case any of them were curious to check on the odors.
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Commissioner Portugal asked Commissioner Bykonen if she smelled the odors and if
she could describe it.
Commissioner Bykonen said it smells like tar, such as when tarring a roof.
Rick White, Community & Economic Development Director, said that in 2008 there
was an asphalt plant requested on the west side of town at the American Rock site.
The City required an environmental impact statement and the he arings were a big
deal. Through that process of the impact statement and the hearings, staff learned
quite a bit about asphalt plants and toured several, particularly the ones that heat the
aggregate now instead of the oil and tar. The new technique is far different than the
old technique that heated the oil, tar and aggregate at the same time. The old way
used to even emit a blue smoke the fumes were so strong and today it isn’t that way.
There are certainly process requirements that would have to be looked at to locate an
asphalt plant anywhere in the Pasco city limits.
Commissioner Mendez said he assumed that plant was not approved.
Mr. White responded that it was approved with several conditions but the company
was sold to American Rock and they aren’t interested in asphalt.
Commissioner Mendez asked if that site is located near Rivershore Estates. He said
that the City likely received a lot of comments.
Mr. White said the City received several.
Commissioner Alvarado asked if there was a quantified way to know the extent of the
potential smell or if a study has been done.
Mr. White said there are some “rule of thumbs” from what was learned in 2008 and
the quantity of odor is far less than from an old style of plant. The studies done in
2008 tried to quantify the amount of dilution of the odor that takes place based on the
distance away from the odor source. Past 600’-800’ from the odor source it is very
difficult for any detection to occur. The prevailing winds would also work in favor at
this particular location because the winds would carry to an uninhabited area to the
east.
Commissioner Alvarado asked about the current odors the residents receive.
Mr. White said it was also a weather pattern and there is sometimes inversion where
the air doesn’t go anyplace which is why there is sometimes agrictultural smells, even
at City Hall. The odors typically happen when there is an inversion or fog.
Chairwoman Roach reminded the commission of condition #4 and that there are
additional protections in place as well as another hearing would be required for the
actual special permit for the asphalt plant, this application is for a rezone.
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Commissioner Greenaway moved, seconded by Commissioner Bowers, to close the
public hearing on the proposed rezone and set October 19, 2017 as the date for
deliberations and the development of a recommendation for the City Council. The
motion passed unanimously.
C. Preliminary Plat Preakness Ridge, 86-Lot Multi-Family (Big Sky
Developers LLC) (MF# PP 2017-008)
Chairwoman Roach read the master file number and asked for comments from staff.
Dave McDonald, City Planner, discussed the preliminary plat application for
Preakness Ridge, 86-lots of multi-family. In 2003, the Chapel Hill Development
received preliminary plat approval and that development was a mixed-use
development containing single-family homes, three sections for multi-family
development and some commercial development in between Chapel Hill Boulevard and
the freeway. It is a long narrow strip of land that is a little difficult to develop. The
City has received a request from a developer that has developed in Pasco in the past
and would like to develop this site with zero lot line duplex type o f homes similar to
what is located on Sandifur Parkway at Road 76. They built duplexes with one unit
on each lot and the common wall was the property line and has been a successful
development. This developer would like to replicate that at this location . There are
other properties in the community similar and they have been listed in the staff report.
One of those is the townhomes behind Walmart on Road 76 and Mediterranean Villas
is another example. The other option the developer would have at this l ocation is to
build multi-story larger buildings. In fact, last year the Building Department received
a permit application for a 220 unit apartment complex at this site. They paid their
plan review fee then backed out. This property is zoned for multi-family and is located
across the street that is also zoned for multi-family.
Commissioner Bowers asked about the area just west of this site zoned R-3.
Mr. McDonald responded that it is a park site and that there will be a 5 acre park
located there that was dedicated to the City a couple of years ago. The developer put
in the street, sidewalk and stubbed water and sewer.
Mr. McDonald added that the staff report didn’t include drawings so the drawings
were passed out to the Commissioner’s.
Chairwoman Roach stated that she remembers this item coming to the Planning
Commission a few years ago with the previous applicant applying for a rezone of this
property and the neighborhood input.
Mr. McDonald clarified that it wasn’t this property but the property across the street.
This property has been zoned since 2003.
Chairwoman Roach asked about the substation. She said it appears from the aerial
view there are arborvitaes along three sides and one side is open and asked if that side
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didn’t have any arborvitaes due to driving access.
Mr. McDonald said that is correct – it is the side the substation is accessed and in
that area to the west they have a number of vaults with equipment. The developer will
be putting a fence up on his side. The property lines go to the substation but there is
a large easement running north and south that they won’t be able to build on becaus e
access is needed to the substation. They also have an easement for the substation
access along the southern portion of the plat coming off of the cul-de-sac and that
portion will not be able to be built on either.
Chairwoman Roach asked if the dashed line in their image was the access route for
the substation.
Mr. McDonald responded yes. The easement on the eastern edge is 40’ wide and there
are two easements on the south, one for access and one for electrical equipment.
Chairwoman Roach asked if there was any concern for this plat being so close to the
substation.
Mr. McDonald said no. The Columbia Place subdivision lies between Burns Road and
Sandifur Parkway and directly across the street from there is a substation. There is
another major substation at Road 92 near larger homes as well as one on Court Street
with homes across the street.
Chairwoman Roach added that it’s enforced in a way that discourages people to
trespass.
Mr. McDonald replied that it definitely is enforced with barbed wire fencing around it.
Commissioner Alvarado asked about frontage between Chapel Hill Boulevard and
“Road A”. He said he assumed that the duplexes would be facing the proposed “Road
A” and that there would be a fence on Chapel Hill.
Mr. McDonald responded that they will be fronting “Road A” but the developer hasn’t
decided yet if he will put a fence up. The fourplexes against the freeway just west of
where the park will be currently do not have any fencing or barriers.
Commissioner Alvarado said the developer may need to get creative because it could
look awkward to have homes on the other side and facing the back of a home without
a fence or the home just has a big fence in front of it.
Mr. McDonald said the fence my not be a problem, perhaps a little a wkward with the
backs of the duplexes facing the homes but it doesn’t appear to be awkward or create
any problems with the fourplexes and there are homes directly across the street from
them.
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Caleb Stromstad, 5804 Road 90, spoke as a representative for the applicant. He said
the staff report was pretty straightforward and he had nothing to add unless the
Commission had questions.
Commissioner Alvarado asked what the developer was thinking of doing for the design.
Mr. Stromstad replied that they are still working on the grading concept. There are
some unique grading challenges at this site. As far as the backyards go, they do not
have a plan to fence but there will likely need to be a wall in some places on the
Chapel Hill side just to make the grades work. Overall, the developer really wants the
product to look good. The zero lot line homes have a higher resale value and will
make the neighborhood look attractive. He asked for clarification about the process
and if this item will come back to the Planning Commission next month.
Chairwoman Roach said yes. It will come back to the Planning Commission who will
then make a recommendation to City Council.
Rick White, Community & Economic Development Director, clarified that this was the
public hearing and there will be no more hearings. The Commission will deliberate on
this item in the next month, make a recommendation in October and then it will go to
the first City Council meeting in November.
Mr. Stromstad said that with other cities the decision would be made and forwarded to
City Council in one meeting and didn’t know what the reason was behind having a
second meeting which delays the process. There were no citizens in the audience to
complain on the item.
Mr. McDonald responded that there is a process set up that requires a public hearing,
were testimony and information is submitted. Then in Pasco, the hearing in closed
and the Planning Commission comes back the following month to deliberate and
discuss it. That is the current process used.
With no further questions or comments the public hearing closed.
Commissioner Greenaway moved, seconded by Commissioner Mendez, to close the
public hearing on the proposed subdivision and initiate deliberations and schedule
adoption of findings of fact, conclusions and a recommendation to the City Council for
the October 19, 2017 meeting. The motion passed unanimously.
WORKSHOP:
A. Code Amendment Ordinance Amending PMC Chapter 26.28
Allowing Administrative Approval of Final Plats
(MF# CA 2017-007)
Chairwoman Roach read the master file number and asked for comments from staff.
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Rick White, Community & Economic Development Director, discussed the ordinance
amending PMC Chapter 26.28, allowing administrative approval of final plats.
Currently, preliminary plats come to the Planning Commission for public hearing,
then come back for deliberations and are then sent on to City Council for a
recommendation to approve or deny a preliminary plat with a number of conditions.
The applicant will have 5 years to fulfill those conditions based on the preliminary plat
approval. When it is complete, and they are often done in phases, the phases go to
City Council for approval. It is a pro-forma approval because at that stage everything
is complete. The improvements are constructed, conditions complied with and if the
improvements aren’t constructed, a bond is posted in case the developer walks from
the project the City can complete the public improvements, such as a road or park.
Up until July of 2017, State Law requires that final plat process to go through City
Council for approval but that has been changed to allow administrative approval of the
final plat. Staff has developed an ordinance that appears to change a lot in our
existing subdivision code but it actually changes very little. It clarifies some items and
allows administrative approval instead of City Council approval. The process the
Planning Commission is involved with won’t change at all and the City Council will
still be hearing the Commission’s recommendations on preliminary plats just as they
do now. But in 5 years from now when the plat is completed, City Council won’t be
involved should this code amendment be processed and approved.
Chairwoman Roach asked if this ordinance would take 5 years to be put into effect.
Mr. White replied that if it is approved it will go into effect when it is adopted by City
Council but it is an amendment to the subdivision code. The Planning Commission
should weigh in on what Council should do.
Chairwoman Roach said she would support the process to move more expediently as
there has been such requests from the public and applicants. This may help move
things along.
Mr. White added that once the preliminary plat is approved by Council they may not
see plat again and neither does the Planning Commission. When it does come back to
Council for final approval it’s on the consent agenda, it’s not even a hearing or
discussed. It would save 2-4 weeks of time at the end of the process when everything
is complete and the developer just needs approval which is what the state law was
getting at.
Commissioner Portugal added that there needs to be a balance between expedience
and the process to make sure nothing backfires. While he understands there are
deadlines, he does want us to use caution to ensure the well-being of the residents.
Commissioner Greenaway said she agreed with Commissioner Portugal but the
problem is 5 years down the road when the project is complete that step in the process
should be quick.
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Commissioner Bykonen reminded the Commission that once the plat is ready for final
approval by Council, it is put on the consent agenda and Council doesn’t even discuss
it and that has been her experience regardless of the jurisdiction.
Commissioner Alvarado asked if staff saw any drawbacks to the ordinance amending
the PMC.
Mr. White said no.
Commissioner Portugal discussed the process of cell towers and how it is decided for
the companies to disguise them, such as the pine tree cell tower on Road 68 and
Court Street or not disguise them as some other towers in the community. He asked if
it was possible to have a requirement for cell towers or to make older cell towers to
look more aesthetic.
Mr. White responded that as Commissioner Cruz once pointed out, that sometimes it
is site specific and a tower disguised as a tree may look good in one location but out of
place and worse in another location. At the same meeting where the cell tower
disguised as a pine tree was approved there was also a cell tower approved disguised
as a church steeple on top of a church. It is more of a location basis but the Planning
Commission weighs in on the decision.
Commissioner Alvarado asked if the item they were discussing the ordinance
amendment was for development of plats.
Mr. White replied yes and with the code amendment the Planning Commission
typically looks at it first at a workshop and then staff takes direction and makes any
necessary changes based on feedback and then schedule a hearing to come back to
the Planning Commission with a draft ordinance for a recommendation.
There were no further questions or comments.
OTHER BUSINESS:
With no further discussion or business, the Planning Commission was adjourned at
8:25 p.m.
Respectfully submitted,
David McDonald, City Planner