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HomeMy WebLinkAbout12-20-2018 Planning Commission Meeting Minutes - Amended & ApprovedMINUTES ' PLANNING COMMISSION MEETING 1 I City Hall — 525 North Third Avenue — Council Chambers THURSDAY, DECEMBER 20, 2018 7:00 PM CALL TO ORDER: The meeting was called to order at 7:OOpm by Chairperson Myhrum. ATTENDANCE: Commissioners Present: Vice Chair Isaac Myhrum, Tanya Bowers, Joseph Campos, Alecia Greenaway, Abel Campos, Pam Bykonen Staff Present: Community & Economic Development Director Rick White, Senior Planner Jacob B. Gonzalez, Planner I Darcy Bourcier, Administrative Assistant 11, Krystle Shanks 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: Chairperson Myhrum read a statement about the appearance of fairness for hearings on land use matters. There were no declarations. Chairperson Myhrum 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. ADMINISTERING THE OATH: Chairperson Myhrum explained that state law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Chairperson Myhrum swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Greenaway moved, seconded by Commissioner Bowers that the minutes dated November 15, 2018 be approved. The motion passed unanimously. PUBLIC HEARINGS: A. Rezone Rezone from R-2 (Medium Density Residential) to R-3 (Medium Density Residential) (Knutzen Engineering) (MF# Z 2018-008) Chairperson Myhrum read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the rezone application from R-2 (Medium Density Residential) to R-3 Planning Commission Meeting Page 1 December 20, 2018 (Medium Density Residential). The rezone is related to a preliminary plat application that the applicant is completing simultaneously with the rezone. With the existing R-2 zoning standards, the site can be developed with 1 single-family dwelling unit per 6,000 square feet of land area or 1 multi -family dwelling unit per 5,000 square feet of land area. The applicant wishes to rezone to R-3 which would allow 1 multi- family dwelling unit per 3,000 square feet of land area. This density equates to 14.5 dwelling units per acre and would conform to the Comprehensive Plan. Commissioner Bowers asked about the impact of multi -family dwelling units next to single-family dwelling units in terms of property values. Ms. Bourcier responded that the applicant would be proposing zero lot line homes, which would be very similar to single-family homes and individuals would own their units. Rick White, Community & Economic Development Director, added that much of the design and layout of the plat would be discussed during the hearing for the preliminary plat and he briefly discussed the plat application. In essence, they will be single-family homes with a shared lot line. Commissioner Bowers asked if they would be similar to townhomes. Mr. White said yes. Paul Knutzen, 5453 Ridgeline Drive, Kennewick, WA spoke on behalf of his rezone application. He stated that they will not be developing to the maximum density but that the R-3 zoning would allow them some more flexibility and to allow for slightly more density. With no further questions or comments the public hearing was closed. Commissioner Bowers moved, seconded by Commissioner Greenaway, to close the hearing on the proposed rezone and set January 17, 2019 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. B. Preliminary Plat Preliminary Plat, Cedar Flats, 109 Lots (Knutzen Engineering) (MF# Z 2018-009) Chairperson Myhrum read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the preliminary plat application for Cedar Flats, 109 lots. The development would include zero lot line single-family homes. Many of these developments have been seen around Pasco. Commissioner Bowers asked where Island Estates was located. Ms. Bourcier said they were located west of Walmart in West Pasco. Planning Commission Meeting Page 2 December 20, 2018 Fernando Lizarazo, 2004 S. Olympia Street, Kennewick, WA spoke on behalf of his preliminary plat application. They are envisioning 2 -story units with 5/12 pitch. Paul Knutzen, 5453 Ridgeline Drive, Ste. 120, Kennewick, WA spoke on behalf of his preliminary plat application. He added that the homes would likely be between 25'-27' in height. Commissioner Bowers asked about 3 single-family homes that were shown on the proposed plat and if they were already existing or if they were going to be new construction. Mr. Knutzen replied that they were already existing. With no further questions or comments the public hearing closed. Commissioner J. Campos moved, seconded by Commissioner Greenaway, to close the hearing on the proposed preliminary plat and set January 17, 2019 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. C. Rezone Rezone from C-1 (Retail Business) to C-3 (General Business) (Howard Rowell) (MF# Z 2018-009) Chairperson Myhrum read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the rezone application from C-1 (Retail Business) to C-3 (General Business). The Comprehensive Plan designation for this site is Commercial which allows various types of commercial zoning districts. Some of the current zoning on the site is not in conformance with the Comprehensive Plan but the proposal to rezone would put the site into conformance. The staff report contains a list of uses allowed in the C-3 zone, which is the heaviest of the commercial zones. It explains that there are additional uses that could be allowed in the C-3 zone with a special use permit. The site adjacent to the rezone is existing residential zoning and for that reason, staff recommends a concomitant agreement to further restrict the uses that could impact that adjacent residential zoning. The applicant is not present at the hearing so staff would recommend the hearing to be continued since he was unable to attend. Commissioner Greenaway asked if staff new what the applicant was planning to place on this property. Mr. White replied that as far as he knows he is planning for additional flexibility with uses but nothing specific at this time. There were no further questions or comments. Commissioner Bowers moved, seconded by Commissioner A. Campos, to continue the public hearing to the January 17, 2019 meeting. The motion passed unanimously. D. Code Amendment Single Room Occupancy Housing (MF# CA 2018-004) Planning Commission Meeting Page 3 December 20, 2018 Chairperson Myhrum read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the proposed code amendment for single room occupancy housing. This item was discussed at a previous workshop and staff has brought it to public hearing taking into consideration the comments given to them by Planning Commissioners. Ms. Bourcier explained that staff is recommending the following: (1) SRO facilities not be subject to density standards as previously discussed. (2) Per the Fire Marshall, occupancy of each SRO unit will need to comply with HUD's guidelines for SRO occupancies but there will be no more than 2 adults per SRO unit and, (3) SRO facilities will require 24/7 onsite management. Commissioner J. Campos asked for the reasoning behind no capacity standards. Rick White, Community & Economic Development Director, stated that staff tried to create a standard. The problem was based on HUD and a variety of variables depending on various things (i.e. age of children, the bedrooms, provision of bedding type, etc.) It is simpler to simply refer to the HUD standards and adopt theirs. Chairperson Myhrum mentioned that in some cities SRO's are not allowed on ground floors. He asked if there was any consideration to only allow them on upper level floors. Ms. Bourcier responded that if they made that the code then the properties would eventually function as they already do now. Mr. White added that given the age of the units that staff believes would be appropriate for SRO's and the limitation on choices, he didn't know if it could be fashioned to be usable. He referred to a downtown motel who wanted to use SRO's on upper level floors but it was denied as it didn't fit the area or the management of the motel itself. Commissioner Bowers clarified the use of the ground floor in hotels/motels and SROs. Commissioner Greenaway added that this will likely effect older hotels that don't have elevators and handicap accessibility so they might need ground floor units. Commissioner A. Campos asked if the units could contain 1-2 rooms as indicated in the staff report. Ms. Bourcier replied that the 2 rooms would mean a living area and a bedroom but only 1 unit. Commissioner J. Campos stated that in Pasco, the ground level likely wouldn't work for commercial uses in the older hotels/motels that will be converted to SRO's. Commissioner Bykonen asked if there would be a way to ensure that the properties wanting to convert to SRO's had come into compliance with Code Enforcement or if there will be a license. Ms. Bourcier stated that each SRO project will have to apply for a special permit and will then be reviewed Planning Commission Meeting Page 4 December 20, 2018 at that time. Travis Vengroff, 4829 SE 62nd Avenue, Portland, OR of One Stop Housing spoke in favor of the proposed code amendment. He originally had interest in purchasing a "chronic nuisance" motel with the intent to convert it into an SRO, however, the owner backed out prior to the code amendment hearing. He was still in favor of the proposed code amendment and discussed how it can benefit the community and provide affordable and diverse housing. He discussed his extensive experience with SRO's and affordable housing property management. Commissioner Bowers asked Mr. Vengroff if he has had any complaints on any of his projects or properties. Mr. Vengroff replied that the only complaint he has received was from a hotel in Florida because his SRO took away from their business of long term tenants. With no further questions or comments the public hearing closed. Commissioner J. Campos moved, seconded by Commissioner Greenaway, to close the hearing on the proposed code amendment and set January 17, 2019 as the date for deliberations and the development of a recommendation to the City Council. The motion passed unanimously. E. Code Amendment Right of Way Dedications and Improvements (MF# CA 2018- 005 Chairperson Myhrum read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the proposed code amendment for right of way dedications and improvements in regards to platting regulations. The first item addressed how to dedicate property without having to go through City Council — it would instead be done administratively. In the majority of the now incorporated Riverview Area, there aren't designated rights of way. As the area annexes and when residents apply for building permits, often times for sheds or garages, the City requires a dedication deed prior to issuance of the building permit to ensure the City obtains right of way in case of the need to expand the streets. This process currently requires these items to go to Council for a hearing, slowing down the timeliness to issue a building permit. The proposed amendment would allow for it to be down administratively, streamlining the process. There were also some housekeeping items discussed. Commissioner Bowers asked if it would be consistent with Kennewick or Richland. Mr. White said yes. With no further questions or comments the public hearing closed. Commissioner J. Campos moved, seconded by Commissioner Bowers, to close the hearing on the proposed code amendment and set January 17, 2019 as the date for deliberations and the development of a recommendation to the City Council. The motion passed unanimously. Planning Commission Meeting Page 5 December 20, 2018 F. Code Amendment Hearing Examiner — Amending Titles 2, 25 and 26 of the PMC (MF# CA 2018-007) Chairperson Myhrum read the masterfile number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the proposed code amendment regarding the hearing examiner process amending Titles 2, 25 and 26 of the PMC. The hearing examiner is already used for various processes in Pasco. The difference would be the addition of using the hearing examiner for special and conditional use permits, preliminary plats and conducting hearings so that the hearing examiner can provide recommendation on rezones. The Washington Cities Insurance Authority strongly recommend using the hearing examiner system because land use cases are a source of liability. A hearing examiner would be a trained attorney, conducting a hearing and providing final approval. Then if an item is appealed, it goes to court. Commissioner Bowers asked if this was common practice in Richland and Kennewick. Mr. White stated that it was in Richland, Kennewick, Walla Walla and Yakima. They don't all provide final recommendations, however. Commissioner Bowers asked if the current hearing examiner would remain the same. Mr. White replied that he was unsure at this time. There will be a request for proposals and Washington State has a Hearing Examiners Association. The City Attorney has help draft a request for qualifications. At this time, fees are unknown. Commissioner Bowers stated that she would be careful to recommend this if it is going to be cost prohibitive. Mr. White replied that it could be. Commissioner J. Campos added that if it becomes cost prohibitive then the City wouldn't have to select a hearing examiner but at least the framework and code would be there when cost might change. He didn't think cost should be an issue in the decision. He asked what is prohibiting to the request for qualifications now. Mr. White said nothing but it would be important to explain to potential hearing examiners if they will be making final decisions or not. Commissioner J. Campos said he's seen the RFP to be used to look at costs. Chairperson Myhrum stated that he was familiar with the hearing examiner process with other organizations and they were explicit with their conflict of interest policies. He asked if conflict of interest would be addressed for how it would be handled. Mr. White replied yes, that conflict of interest has come up and it would need to be included in their rules of procedure. Commissioner Bowers had clarification questions on Title 25 in regards of fees. Planning Commission Meeting Page 6 December 20, 2018 Mr. White replied that those had changed a while ago. There was some more discussion regarding fees and other housekeeping items. With no further questions or comments the public hearing closed. Commissioner Greenaway moved, seconded by Commissioner Bowers, to close the hearing on the revisions to Titles 2, 25 and 26 and recommend their approval to City Council. The motion passed unanimously. WORKSHOP: A. Code Amendment Shared Street Frontages (MF# CA 2018-008) Chairperson Myhrum read the masterfile number and asked for comments from staff. Jacob B. Gonzalez, Senior Planner, discussed the proposed code amendment regarding shared street frontages or lots without public street frontage. It currently isn't addressed in the PMC but if added, it would likely be apply to PMC 26.16.040 — Lots and block dimensions. Christine Batayola, 1632 W. Sylvester Street, spoke in favor of the code amendment and explained cases in which it could help her clients with properties that are otherwise undevelopable. There was discussion between the Commissioners and Staff. No action was required at this time. B. Code Amendment Temporary Shelter (MF# CA 2018-001) Chairperson Myhrum read the master file number and asked for commentsfrom staff. Rick White, Community & Economic Development Director, discussed the code amendment for temporary homeless shelters. This would apply to a nonprofit religious organization that would like to use their property for temporary homeless shelters. Nationwide and in Washington State many things have happened, including court cases, pertaining to religious organizations being able to use their property for these purposes. The City would be better off having code to address this prior to it becoming a problem. There was discussion between the Commissioners and Staff. No action was required at this time. UIX9111'LLr/1401119 With no further discussion or business, the Planning Commission was adjourned at 8:28 PM. Respectfully submitted, Kk-kA-LO "R a,. Krystle Shanks, Administrative Assistant II Community & Economic Development Department Planning Commission Meeting Page 7 December 20, 2018