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HomeMy WebLinkAbout07-19-2018 Planning Commission Meeting Minutes-1- REGULAR MEETING July 19, 2018 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 Abel Campos No. 6 Isaac Myhrum No. 7 Zahra Roach No. 8 Pam Bykonen No. 9 Gabriel Portugal STAFF PRESENT: Rick White, Community & Economic Development Director Michael Morales, Community & Economic Development Deputy Director Darcy Bourcier, Planner I Krystle Shanks, Administrative Assistant II MEETING VIDEO ON DEMAND: This meeting in its entirety has been posted and can be viewed on the City’s webpage at https://psctv.viebit.com. APPEARANCE OF FAIRNESS: Chairwoman Roach read a statement about the appearance of fairness for hearings on land use matters. There were three declarations:  Chairwoman Roach for agenda item VI(A) – Rezone from C-1 to CR (Russ Dean RV, Inc.) (MF# Z 2018-003)  Commissioner Mendez for agenda item VI(A) – Rezone from C-1 to CR (Russ Dean RV, Inc.) (MF# Z 2018-003)  Commissioner Myhrum for agenda item VI(G) – Comprehensive Plan Amendment – Land Use (Rio Del Sol) (MF# CPA 2018-003) – asked to be recused  Commissioner Greenaway for agenda item VI(G) – Comprehensive Plan Amendment – Land Use (Rio Del Sol) (MF# CPA 2018-003) Chairwoman Roach then asked the audience and the Planning Commission 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. -2- 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 Myhrym that the minutes dated June 21, 2018 be approved. The motion passed unanimously. OLD BUSINESS: A. Other Election of Chairperson Nominations were made for Chairperson and Vice-Chairperson. Zahra Roach was elected Chairperson and Isaac Myhrum was elected Vice-Chairperson. B. Preliminary Plat The Parks at Riverbend, 322-lots (Pahlisch Homes) (MF# PP 2018-004) Chairwoman Roach read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the preliminary plat for The Parks at Riverbend, 322- lots. Items were added to the staff report including a mitigated determination of non- significance based on a relocation of a fire station and a traffic study. The plat exceeds the goal of a 6 minute travel time for emergency responders. To solve the issue, the developer must sign a development agreement to contribute in the relocation of Fire Station #83 to Sandifur Parkway and Road 68. A traffic study will also need to be completed for several intersections. The plat doesn’t have access to city sewer at this time. There is a lift station proposal in progress but approval of this plat does not automatically approve the lift station in its current proposed location. Commissioner Greenaway asked if the application was in agreement with the conditions. Ms. Bourcier said yes. Commissioner Mendez moved, seconded by Commissioner Bykonen, to adopt finding of fact and conclusions therefrom as contained in the July 19, 2018 staff report. The motion passed unanimously. Commissioner Myhrum moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions, as adopted, the Planning Commission recommend the City Council approve the preliminary plat for The Parks at Riverbend with conditions as listed in the July 19, 2018 staff report. The motion passed unanimously. C. Special Permit Location of a Church in a C-1 District (Tiempos de Poder) (MF# SP 2018-006) -3- Chairwoman Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit application for the location of a church in a C-1 district. There were no changes to the staff report since the public hearing at the previous meeting. Commissioner A. Campos asked if the applicant was aware of the parking requirements. Mr. White said they were. Commissioner Myhrum moved, seconded by Commissioner Greenaway, to adopt findings of fact and conclusions therefrom as contained in the July 19, 2018 staff report. The motion passed unanimously. Commissioner Myhrum moved, seconded by Commissioner Greenaway, based on findings of fact and conclusions as adopted, the Planning Commission recommend the City Council grant a special permit to Tiempos de Poder for the location of a church at 1103 West Court Street (Parcel # 113-384-320) with conditions as contained in the July 19, 2018 staff report. The motion passed unanimously. PUBLIC HEARINGS: A. Rezone Rezone from C-1 to CR (Russ Dean RV, Inc) Chairwoman Roach read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the rezone application from C-1 to CR. After internal discussion, Staff has made a decision to include a concomitant agreement for the rezone approval regarding screening from the rights of way. The agreement states that a 6’ site obscuring block wall along Sandifur Parkway, Outlet Drive and the back of the Outlet Mall. The existing chain-link fence on the Russ Dean property to the west must also be replaced with a 6’ block wall. Staff also added a finding that several citizens have stated they oppose the building on the existing RV sales property since the building contrasts sharply with the character of the surrounding businesses. Staff is recommending approval based on the concomitant agreement. If the applicant is not in agreement with any of the conditions they may file an appeal within 10 days after the public hearing. Commissioner Greenaway asked how the City could make the applicant place a block wall on the existing RV sales property where they already have an existing fence. Rick White, Community & Economic Development Director, responded that they could place the block wall in front of the existing fence. Commissioner Greenaway asked if that would prohibit the attraction of them from selling their products. Mr. White said he was unsure. -4- Commissioner Mendez asked if the applicant was aware of the new conditions. Mr. White said that a representative was present. Jason Schmidt, Russ Dean RV, spoke on behalf of his rezone application. He stated that with the concomitant agreement, they would not be able to move forward with their expansion as the block wall is not feasible. Customers would not be able to see their product and it is cost prohibitive. He stated they will not be moving forward and they will have to go in a different direction. Commissioner Greenaway asked if the block wall was only required on the new site if that would be more palatable for the applicant. Mr. Schmidt said no because the goal o f that property was to facilitate more vehicles on that lot and walling it in would put them at a disadvantage. Pat Roach, 9212 Sandifur Parkway, spoke in opposition of the rezone application. He submitted a handout into the record for the Commissioners. Brian Roach, 9221 Sandifur Parkway, spoke in opposition of the rezone application. Tom Roach, 9220 Sandifur Parkway, spoke in opposition of the rezone application. With no further questions or comments the public hearing closed. Commissioner Roach asked about spot zoning that was addressed during the public hearing. Mr. White responded that spot zoning doesn’t apply in this case. Commissioner Mendez asked if the Planning Commission should act as if the applicant has withdrawn their application. Commissioner Roach asked if the application has been withdrawn by the applicant. Mr. White said he was unsure. Commissioner Greenaway stated that she didn’t know how the City could mandate a block wall be built on their existing property. There was discussion between the Commissioners on recommending denial of the application. Mr. White stated that if the Commissioners wish to deny the application, they should form a recommendation to continue the hearing to allow Staff to update findings of facts for a denial. -5- Commissioner Greenaway moved, seconded by Commissioner Mendez to continue the public hearing to the August 16, 2018 hearing. The motion passed unanimously. B. Preliminary Plat Burgess Plat, 170-lots (Jerry Burgess) (MF# PP 2018-006) Chairwoman Roach read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the preliminary plat application for the Burgess Plat, 170-lots. The proposed site was annexed into the City in June 2018 and zoned R-1 and R-3. The development will include single family homes to the west and duplexes to the east. The parcels to the southeast were zoned for commercial. There is a substation to the south of the plat creating difficulties in developing the site. To buffer the single family development from the substation the developer is proposing to surround the substation with zero lot line duplexes. The development will create 67 new single family homes and 103 multi-family dwelling units. Development standards and conditions were briefly discussed. The conditions may change for the next meeting due to working with the applicant and awaiting Engineering comments. Chairwoman Roach asked if the hearing should be continued since there may be changes to the approval conditions. Ms. Bourcier said no. Rick White, Community & Economic Development Director, added that staff had handed out a letter received from an engineering firm to the Commissioners. That letter was received recently prior to the meeting so it needs to be reviewed in more depth and conditions, if appropriate, revised. Commissioner Myhrum asked if there are any logistical or engineering problems with this site since it borders the city limits. Ms. Bourcier said no – utilities were available to the site. Commissioner Greenaway asked if there could be other options aside from block wall fencing. Ms. Bourcier replied that they are working with the developer on fencing alternatives but estate fencing will be required. Commissioner Greenaway said that she was concerned that all of Pasco is becoming blocked in developments. Ms. Bourcier said that the block walls are to screen arterial streets since none of the homes will face Road 68 or Burns Road. Mr. White gave a brief history on block wall fencing requirements. Concerns have been -6- expressed and staff will be looking at some options in the Comprehensive Plan Update. Caleb Stromstad, 5804 Road 90, spoke on his application. He voiced concerns over some of the conditions, one of which being the block wall fencing, and discussed the letter submitted by his engineer. He requested the Planning Commission close the hearing and approve the plat with his revised conditions. Chairwoman Roach asked for clarification on what he wanted changed in the fencing requirement. Mr. Stromstad replied to remove the block wall requirement for the properties abutting commercial and the substation. Chairwoman Roach asked for clarification on home #135 on the plat that will be removed. Mr. Stromstad stated that it was an existing shop on the property that will be removed. There is an agreement with the property owner for the removal of the shop. He added as clarification to an earlier question, the developer has every intention to screen every backyard which will help sell the properties, but they felt this would be more appropriate than doing a block wall fence. Chairwoman Roach asked if the hearing could be continued. Mr. White said that staff had no issue with continuing the hearing but not recommending their motion. Commissioner Greenaway moved, seconded by Commissioner Mendez, to continue the public hearing to the August 16, 2018 Planning Commission Meeting. The motion passed unanimously. C. Preliminary Plat Serrano Heights, 104-lots (RP Development) (MF# PP 2018-007) Chairwoman Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the preliminary plat application for Serrano Heights. The developer is proposing to develop 104 single family homes on the 38 acre site. It will follow the pattern that the Department of Natural Resources (DNR) has set for this property. This plat has a particular set of circumstances relating to access and the layout of streets – the issues and options were discussed. Commissioner Myhrum asked for clarification on the travel study. Mr. White responded that it would be a technical document under the purview of the Engineering Division of the City. Commissioner Myhrum asked if the staff recommendation was to not have Valley View -7- Drive as a thru street. Mr. White said that is correct. Chairwoman Roach asked if staff has considered access to the neighborhood from Argent Road. Mr. White replied that was a potential option in the staff report but would be determined based on the results of the traffic impact analysis. Commissioner Myhrum asked if staff had worked on the canal crossing issues and if they’ve communicated with the applicant. Mr. White said that staff has worked with this developer and he believed they were aware to join this crossing. Commissioner Greenaway moved, seconded by Commissioner Myhrum, to close the hearing on the proposed preliminary plat and set August 16, 2018 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. D. Preliminary Plat Black Belle Estates, 22-lots (J&J Kelly Construction) (MF# PP 2018-008) Chairwoman Roach read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the preliminary plat application for Black Belle Estates. The proposed development will create 22 single family lots, each over 22,000 square feet. It will include 2 cul-de-sacs stemming from Road 52. City sewer is currently unavailable to the site since the closest sewer line is over 60’ away. However, recently the City Manager proposed the possibility of a cost sharing agreement between the city and developer to extend sewer to the area. This would allow for an increase in density since the lots would then not have to be large enough to provide septic systems. The developer has the opportunity to rezone the property to RS-12, which would allow 12,000 square foot lots. This would be beneficial to the city since denser zoning is becoming more crucial. The developer is interested in going this route but more time is needed to review the details. The plat will likely change substantially but staff wanted to have the hearing at this time. Chairwoman Roach asked if this was a request for a rezone rather than a preliminary plat since a rezone was mentioned in the staff report. Rick White, Community & Economic Development Director, stated that the application is for a preliminary plat – the rezone was mentioned in the report for clarification. If the sewer is extended, then the property owners would then have the ability to apply for a rezone. If that happens, then there would be consideration for a rezone and p lat but at this time the hearing was advertised for the current plat proposal. Jeff Kelly, 1006 Christopher Lane, spoke on behalf of his application and addressed cost -8- share agreement pertaining to the sewer. Commissioner Bykonen moved, seconded by Commissioner Myhrum, to continue the hearing on the proposed preliminary plat to the August 16, 2018 meeting and set September 20, 2018 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. E. Rezone Rezone from I-1 (Light Industrial) to R-3 (High Density Residential) (Rigo Rangel) (MF# Z 2018- 004) Chairwoman Roach read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the rezone application from I-1 to R-3. The site is designated for mixed residential which allows zoning districts RS -20, RS-12, RS-1 and R- 1 through R-3. The applicant intends to zone the property R-3 at this time for apartments that would have access to the river and bike path. The R-3 zone will allow for approximately 123 units. At a later time the applicant would like to rezone the property to R-4 in order to construct more units. The mixed use zoning designation does not allow for R-4 zoning so staff will propose a land use designation change to high density during the Comprehensive Plan Update. Once that happens, the applicant can rezone to R-4 and finish development. This is an ideal use for the site given the arterial streets, riverfront views and could improve property values. Chairwoman Roach asked what the prohibition is from going straight from mixed residential to R-4. Rick White, Community & Economic Development Director, stated that at this time there isn’t an identifiable reason but explain zoning designations from the previous Comprehensive Plan Amendment. The recommendation from staff would be to amend the Comprehensive Plan to include mixed use residential to allow high density residential. Without high density, there will not be a successful residential-commercial project. Chairwoman Roach asked when the amended Comprehensive Plan will be approved. Mr. White responded that it would be likely sometime in November. Rigo Rangel, 2120 W. ‘A’ Street, spoke on behalf of his rezone application and described what the development would look like. Commissioner A. Campos asked how many rooms there would be per unit. Mr. Rangel said between 1-3 bedrooms, with most being 2 bedrooms. Commissioner Mendez asked if this project would be done in phases. Mr. Rangel said yes, they will begin the first phase while it is zoned R -3 and complete the -9- project when they can apply for R-4 zoning. With no further questions or comments the public hearing closed. Commissioner Bykonen asked if the application moves forward and the Comprehensive Plan is amended if the application would have to come back to rezone R-4. Mr. White said yes. Commissioner Mendez asked if it was common to rezone industrial to residential. Mr. White said no but times have changed and this would be a good property for residential. Chairwoman Roach asked if they would pay school impact fees. Mr. White answered yes, they would pay the fees per unit. Commissioner Greenaway moved, seconded by Commissioner Myhrum, to close the public hearing on the proposed rezone and set August 16, 2018 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. F. Rezone Rezone from RT (Residential Transition) to C-3 (General Business) (Pati Hull) MF# Z 2018-005) Chairwoman Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the rezone application from RT to C-3. The RT is a holding zone pending development and infrastructure and C-3 is general commercial. The application applies to two parcels making up almost 7.5 acres. The rezone is in conformance with the Comprehensive Plan and an appropriate rezone request. Pati Hull, 3004 E. George Street, spoke on behalf of her rezone application. John Rada, 2501 E. Lewis Street, spoke on behalf of his rezone application. With no further questions or comments the public hearing closed. Commissioner A. Campos moved, seconded by Commissioner Bykonen, to close the public hearing on the proposed rezone and set August 16, 018 as the date for deliberations and the development of a recommendation for City Council. The motion passed unanimously. G. Comp. Plan Amend. Comp. Plan Amendment – Land Use (Rio Del Sol) (MF# CPA 2018-003) -10- Chairwoman Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the application for a Comprehensive Plan Amendment regarding land use designation. The applicant is requesting a land use designation change for a 6 acre property located southeast of the intersection at Road 36 and Hopkins. The existing land use zoning designation is low density residential but the applicant is requesting a mixed use residential which would allow for a variety of residential density and commercial uses . It was explained that this item was advertised for a public hearing much like a quasi -judicial item but it is actually a legislative item. Issues with the land use designation request were discussed, in particular it was problematic due to access issues getting to the site. Access would need to come from properties that don’t appear to be under the control of the applicant. Traffic would also have to travel through low density residential to reach the proposed site. Staff recommend the existing low density designation remain on this site. Paul Miles, 308 W. Canyon Lakes Drive, Kennewick, WA spoke on behalf of Rio Del Sol on their application. He briefly gave the history of the project. He addressed some of the concerns discussed by staff and stated that their plans were just conceptual at thi s time. He argued that the property was not land locked. He felt the property on the river should be something the City should look toward developing. Aaron Beasley, 240 N. 34th Avenue, spoke on behalf of Rio del Sol on their application. He discussed plans of a senior living development with commercial uses to service those residents and neighborhood. He stated that they have investors interested in the property but they need the property rezoned. He also stated that Road 34 was designed for heavy traffic and the zoning used to be for higher density which is why there are duplexes in the area. Commissioner Greenaway asked about a piece of property they were considering purchasing to allow access to their site. Mr. Beasley responded that they have spoken to her and was willing to negotiate a price but they are not ready to negotiate a price unless they are able to rezone their current parcel. Brad Peck, 200 N. Road 34, spoke in opposition of the comprehensive plan amendment application. He stated it was an example of spot zoning and discussed other issues that were problematic with a land use designation change. He added that there will be other opportunities in the City in amended urban growth boundary that will accommodate residential growth. Devi Tate, 7815 River Boulevard, spoke in opposition of the application. She discussed the reasons she believed it would be problematic; arterial street locations, density, environment and light pollution. Larry Swisher, 4120 W. Sylvester Street, spoke in opposition of the application. He requested high density not be added to the Riverview Area as the homeowners in the area have larger lots and the streets are not designed for high density nor commercial. -11- Ken Zimmerman, 4203 W. Irving, spoke in opposition of the application. He stated that there are already traffic issues on Road 34 and Sylvester Street that need to be fixed prior to adding more density. Patti Dean, 4114 Road 37, spoke in opposition of the application. She had concerns with how a change in land use would change the neighborhood. Mike Houchins, 3217 W. Hopkins Street, spoke in opposition of the application. Tonette Michel, 3820 W. Octave Street, spoke in opposition of the application. Anne Vargas, 420 Road 39, spoke in opposition of the application. There were no further questions or comments and a motion was not needed. H. Comp. Plan Amend. Comp. Plan Amendment – Land Use (Zepgon Investments LLC) (MF# CPA 2018-003) Chairwoman Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the application for a Comprehensive Plan Amendment regarding land use designation. The applicant is requesting high density residential. The existing designations is mixed residential commercial which will not allow for high density. This item is related to a rezone application from I-1 to R-3. The applicant will submit another rezone application from R- 3 to R-4 if the comprehensive plan amendment is approved to allow for R-4 zoning. Rigo Rangel, 212 W. ‘A’ Street, spoke in support of his application. There were no further questions or comments and a motion was not needed. I. Block Grant 2019 Community Development Block Grant (CDBG) Program Allocation (MF# BGAP 2018-003) Chairwoman Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the applications for the 2019 CDBG Program Allocation. Staff reviewed the agency requests and staff recommended amounts. There were no questions or comments. Commissioner Bykonen moved, seconded by Commissioner Greenaway, to close the public hearing and recommend the City Council approve the use of funds for the 2019 Community Development Block Grant program as set forth in the “2019 Fund Summary” as recommended by Staff. The motion passed unanimously. -12- J. Block Grant 2019 HOME Investment Partnerships (HOME) Program Allocation and Annual Work Plan (MF# BGAP 2018-004) Chairwoman Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the 2019 HOME Program Allocation and Annual Work Plan. In conformance with the HOME Consortium Agreement with Richland, Kennewick and Pasco, the funds are proposed to be used to continue the downpayment assistance program. There were no questions or comments. Commissioner Greenaway moved, seconded by Commissioner Mendez, to recommend the City council approve the use of funds for the 2019 HOME Investment Partnerships entitlement as recommended by Staff. The motion passed unanimously. K. Block Grant 2019 Neighborhood Stabilization Program (NSP) Allocation and Annual Work Plan (MF# BGAP 2018- 005) Chairwoman Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the 2019 NSP Allocation and Annual Work Plan. Staff proposed the funds be used for downpayment assistance of foreclosed homes and minor rehabs on foreclosed homes. There were no questions or comments. Commissioner Myhrum moved, seconded by Commissioner Greenaway, to recommend the City Council approve the use of funds for the 2019 Neighborhood Sta bilization Program (NSP) entitlement set forth, as recommended by Staff. The motion passed unanimously. L. Block Grant CDBG Program Section 108 Guaranteed Loan Program Amended Application (MF# BGAP 2018- 007) Chairwoman Roach read the master file number and asked for comments from staff. Michael Morales, Community & Economic Development Deputy Director, discussed the Section 108 Loan Program amended application. The Section 108 Program allows CDBG recipient communities to leverage their CDBG entitlement for lending instrument that could be used for qualifying economic development and housing activities. This was discussed by the Planning Commission a few months ago for $3.4 million and City Council approved. Since that time, the allocation has increased so the increase allows the City to borrow an additional $400,000. The City wishes to reapply for the new maximum amount of $3.8 million. The use for the program funds do not change. HUD will ultimately -13- determine what qualifies and for what amount but the City would like to maximize their request. Chairwoman Roach asked if these funds would be used on the Lewis Street Overpass. Mr. Morales said no. This would be a loan pool with the funds will be used for Peanuts Park and the Farmer’s Market Plaza and if the funding allows continue with improvements in those areas. There may be opportunities for relending in the future but that is not in the plans at this time. Chairwoman Roach asked for clarification on relending activities as it pertains to business owners. Mr. Morales replied yes, to business owners, but there are no plans to do so at this time. Commissioner Bykonen asked if the dollar amount they approved the first time was an anticipated amount and this is the actual amount. Mr. Morales said no, it was based on the 2017 allocation but since that time, the 2018 numbers are reflected and it worked in the City’s benefit and it is best to apply for as much possible. Commissioner Greenaway moved, seconded by Commissioner Bykonen, to close the public hearing and recommend the City Council approve the Section 108 Loan Guarantee amended application and proposed us of funds for the Peanuts Park Renovation/Farmers Market Redevelopment and Infrastructure project. The motion passed unanimously. OTHER BUSINESS: With no further discussion or business, the Planning Commission was adjourned at 9:58 p.m. Respectfully submitted, Krystle Shanks, Administrative Assistant II Community & Economic Development Dept.