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HomeMy WebLinkAbout01-17-2019 Planning Commission Meeting Minutes - ApprovedMINUTES ' PLANNING COMMISSION MEETING 1 ! City Hall — 525 North Third Avenue — Council Chambers THURSDAY, JANUARY 17, 2019 7:00 PM CALL TO ORDER: The meeting was called to order at 7:00pm by Chairperson Roach r_A■ifr�L17_T0L60 Commissioners Present: Zahra Roach (Chair), Isaac Myhrum (Vice -Chair), Tanya Bowers, Joseph Campos, Paul Mendez, Abel Campos, Pam Bykonen Staff Present: Rick White (Community & Economic Development Director), Michael Morales (Community & Economic Development Deputy Director), Jacob B. Gonzalez (Senior Planner), 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: Chairperson Roach read a statement about the appearance of fairness for hearings on land use matters. There were no declarations. Chairperson 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. ADMINISTERING THE OATH: Chairperson Roach explained that state law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Chairperson Roach swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Myhrum moved, seconded by Commissioner Bowers that the minutes dated December 20, 2018 be approved as amended. The motion passed unanimously. OLD BUSINESS: A. Rezone Rezone from R-2 (Medium Density Residential) to R-3 (Medium Density Residential) (Knutzen Engineering) (MF# Z 2018-008) Chairperson Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the rezone application from R-2 to R - Planning Commission Meeting Page 1 January 17, 2019 3. There were no additional comments to add since the previous meeting. Commissioner Bowers moved, seconded by Commissioner Myhrum, to adopt the findings of fact and conclusions therefrom as contained in the January 17, 2019 staff report. The motion passed unanimously. Commissioner Bowers moved, seconded by Commissioner Myhrum, based on the findings of fact and conclusions as adopted, the Planning Commission recommend the city Council rezone five parcels in the 600 block of South Cedar Avenue from R-2 to R-3. The motion passed unanimously. B. Preliminary Plat Preliminary Plat, Cedar Flats, 109 Lots (Knutzen Engineering) (MF# Z 2018-009) Chairperson Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the preliminary plat application for Cedar Flats. There were no additional comments to add since the previous meeting. Chairperson Roach asked about vacated roads and alleyways. Mr. White said there were street and alley vacations several years ago when the Kurtzman LID'S were formed. The plat itself will be dedicating the new rights of ways and the new public streets will be as indicated in the proposed plat. Chairperson Roach asked for clarification on the land fill plume. Mr. White responded that it is the remnants of a super fund site. The chemicals deposited in the landfill have leaked and contaminated ground water so the plume is being remediated by the Department of Ecology. There will be further effort at that site in the next couple of years. The plume has the effect of not allowing down plume properties to be able to use groundwater. The City will be making water available and made city potable water available for those properties. Chairperson Roach asked if there will be an understanding to future property owners regarding the plume. Mr. White said no but there is a prohibition against any new wells, even for irrigation purposes. It is not a physical danger unless the water is consumed so all measures have been taken to prevent that. Commissioner J. Campos moved, seconded by Commissioner A. Campos, to adopt findings of fact and conclusions therefrom as contained in the January 17, 2019 staff report. The motion passed unanimously. Commissioner J. Campos moved, seconded by Commissioner A. Campos, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council approve the preliminary plat for Cedar Flats with conditions as listed in the January 17, 2019 staff report. The motion passed unanimously. Planning Commission Meeting Page 2 January 17, 2019 C. Code Amendment Single Room Occupancy Housing (MF# CA 2018-004) Chairperson Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the proposed code amendment for Single Room Occupancy (SRO) Housing. Mr. White addressed language that needed to be corrected in the proposed ordinance under "Permitted Zones" for SRO's. The ordinance stated, "...in the following order of preference..."and then listed the various zones. The words, "in the following order of preference," need to be stricken from the ordinance as it would be nearly impossible to enforce and meaningless. Commissioner Bowers asked for clarification about closet space in the units. Mr. White replied that closets weren't specified but would likely be market driven. Michael Morales, Community & Economic Development Deputy Director, added closet space typically isn't enclosed and they wouldn't be shown on the floorplan. Commissioner Bowers discussed kitchenette/kitchen facilities as well as bathrooms and was concerned with cleaning, maintenance and safety. Mr. White said there would be a choice for either kitchenettes or full kitchen facilities based on a ratio with onsite management required so staff didn't feel it would be an issue. Commissioner Mendez asked if it provided a kitchenette in each unit and stay within the unit. Mr. White said yes, it would allow for a kitchenette or full kitchen for every three units on a floor. There were no further questions or comments. Commissioner Myhrum moved, seconded by Commissioner J. Campos, the Planning Commission to City Council the adoption of the proposed amendment, as corrected, for Single Room Occupancy Housing as contained in the January 17, 2019 Planning Commission staff report. The motion passed unanimously. D. Code Amendment Right of Way Dedications and Improvements (MF# CA 2018- 005 Chairperson Roach 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. There were no additional comments to add since the previous meeting. Commissioner Bowers moved, seconded by Commissioner Mendez, the Planning Commission adopt the findings of fact as contained in the January 17, 2019 staff memo regarding Administrative Review of Right - Planning Commission Meeting Page 3 January 17, 2019 of -Way Dedications and Short Plat Right -of -Way Improvements. The motion passed unanimously. Commissioner Bowers moved, seconded by Commissioner Mendez, the City Council adopt the proposed code amendments regarding Administrative Review of Right -of -Way Dedications and Short Plat Right -of - Way Improvements as attached to the January 17, 2019 staff memo. The motion passed unanimously. PUBLIC HEARINGS: A. Rezone Rezone from C-1 (Retail Business) and RT (Residential Transition) to C-3 (General Business) (Howard Rowell) (MF# Z 2018-009 Chairperson Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the rezone application from C-1 and RT to C-3. The hearing was continued because the applicant was not present at the previous meeting, however, they were in attendance at this hearing to answer any questions the Commission may have. The site is located at the corner of Heritage and A Street. Howard Rowell, 11720 Pheasant Run, spoke in support of his rezone application. He stated the main rezone for his rezone was to bring the zoning together and offer more opportunities for potential buyers. He stated that he was fine with the restrictions included in the concomitant agreement. Commissioner Bykonen, Commissioner Bowers and Chairperson Roach had questions for the applicant. He responded that he was aware of the requirement for a block wall and accepts the condition should the type of use located along the side adjacent to residential, he planned to sell most of the lots and develop one himself and he wanted to split up the 6 acre lot for an auction situation. There were no further questions for the applicant. Commissioner Myhrum noted that there were two options for the Planning Commissioners to make pertaining to making a motion. He stated that the option to close the hearing and recommend approval with a concomitant agreement made the most sense to him. The Commissioner were in agreement. Commissioner Myhrum moved, seconded by Commissioner Bykonen, to close the hearing and adopt findings of fact and conclusions therefrom as contained in the January 17, 2019 staff report. The motion passed unanimously. Commissioner Myhrum moved, seconded by Commissioner Bykonen, based on the findings of fact and conclusions adopted, the Planning Commission recommend the City Council rezone the three parcels from C-1 and RT to C-3 with restrictions contained in the concomitant agreement. The motion passed unanimously. B. Code Amendment Shared Street Frontages (MF# CA 2018-008) Planning Commission Meeting Page 4 January 17, 2019 Chairperson Roach read the master file number and asked for comments from staff. Jacob B. Gonzalez, Senior Planner, discussed the proposed code amendment for shared street frontages. The proposed code amendment could allow for access to lots via a private driveway, street or shared frontage. The City has been isolated flag lots that are difficult to develop, making it hard to subdivide to allow for more units. There has been local support for this code amendment and it could benefit the City to help develop land otherwise undevelopable. Planned Unit Developments were also discussed in how they can provide flexibility for different types of housing. There would be three ordinances to amend the code: (1) Exception of residential lots that are flag lots/isolated lots from frontage requirement, (2) Creation of standards for private streets and (3) Reduce minimum size requirements for Planned Unit Developments. Rick White, Community & Economic Development Director, added that feedback from the Commission was requested. Gabriel Portugal, 804 Road 52, spoke in favor of the proposed code amendment and explained how it would help him develop his property that is currently unable to be developed. Dave Richards, 1415 6th Street, Clarkston, WA spoke in favor of the proposed code amendment, in particular the ordinance regarding flag lots. Commissioner Myhrum stated this could be a useful tool for developers. He asked if staff has considered a whole new section for flag lots in the Pasco Municipal Code and also addressed some of his concerns. Mr. Gonzalez replied that he could try to address some of the concerns and bring a revised ordinance back to the Commission. Commissioner Bowers asked how Mr. Portugal's situation fell under the code amendment. Mr. Gonzalez said it would fall under the flag lot amendment. Rick White, Community & Economic Development Director, added that his lot is much like the example in their report. It is a lot without very much street frontage. Commissioner Bowers said that she was in favor of the code amendment to encourage infill and density. Commissioner Mendez asked what conditions would need to be met in order for the code amendment to apply. Mr. White replied that staff is looking for direction and input in order to express those conditions in the code. Chairperson Roach asked if there would be opportunities to create through streets in the Riverview Area. Planning Commission Meeting Page 5 January 17, 2019 Mr. White said yes, but explained why there would be very few opportunities in those areas. There was further discussion regarding layout and streets. Commissioner Mendez moved, seconded by Commissioner A. Campos, to continue the public hearing to the February 21, 2019 Planning Commission Meeting. The motion passed unanimously. C. Code Amendment Temporary Shelters (MFS CA 2018-001) Chairperson Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the proposed code amendment for temporary shelters. This code amendment is the result of the State who recognizes religious organizations, if part of their core religious mission, have the ability to provide temporary homeless shelters on property they own or control. Currently in Pasco there isn't a way for that to happen — there is no code in place that lays out a method or conditions to have a shelter. This should be in place before a religious organization applies for a temporary homeless shelter. With the help of the City Attorney's Office, staff has been working on code to address temporary homeless shelters. Mr. White briefly explained what the ordinance would do and include. Chairperson Roach asked how the ordinance would be implemented in regards to comprehensive background checks and the use of the City of Pasco Police Department for that service. Mr. White said it's already an established protocol. He added that the permits would be approved via conditional use permit process to work out any such problems that may arise. Chairperson Roach asked how background checks could be done on someone who may not have an ID card, such as many homeless might not have. Mr. White replied that the majority have some type of ID, but that would be addressed by the Police Department. Commissioner Bowers said she noticed a minimum age requirement of 18 years old how that effects families. Mr. White answered that has been an issue state-wide. The thinking is, when minors are allowed in temporary shelters, it brings rise to an entirely new level of scrutiny. Commissioner Bowers addressed rules regarding drugs and alcohol but not cigarette smoking and asked if that would be handled or addressed. Mr. White stated that staff didn't think that was necessary. Commissioner Myhrum thanked staff and stated that many of his previous concerns have been put aside. Planning Commission Meeting Page 6 January 17, 2019 Commissioner Bowers asked if there would be measures to address any problems or if the code would be revisited. Mr. White replied that code amendments can always be made if issues arise, however, there is case law that in a way pre-empts the City in many ways. Commission J. Campos reminded the Commission that these would be addressed individually by special use permits and conditions could be in place. Chairperson Roach asked why a permit fee would not be required for the temporary shelter special use permit. Mr. White said due to case law so that fees do not discourage applications. There was a brief discussion on the length of the permit and continuum of care. Commissioner Myhrum moved, seconded by Commissioner A. Campos, to close the hearing on the proposed code amendment and set February 21, 2019 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. WORKSHOP: A. Code Amendment Expansion of Nonconforming Uses (MF# CA 2018-006) Chairperson Roach read the master file number and asked for comments from staff. There was discussion on this item by the Planning Commission and staff. Staff did not recommend approving this item but asked the Planning Commission if they wanted to open it up for public input. Dwight Hume, 9101 N. Mountain View Lane, Spokane, WA spoke in favor of the proposed code amendment. The Planning Commission was in agreement that it should be brought back for public input. No further action was needed at this time. "L9111affiavM0k19 With no further discussion or business, the Planning Commission was adjourned at 8:55 PM. Respectfully submitted, Krystle Shanks, Administrative Assistant II Planning Commission Meeting Page 7 January 17, 2019 Community & Economic Development Department Planning Commission Meeting Page 8 January 17, 2019