WEST RICHLAND PLANNING COMMISSION Preliminary Meeting Minutes Mid Columbia Library Council Chambers April 23, 2009 at 7:00 pm Call to Order The meeting was called to order by Chairman Meehan at 7:04 p.m. Roll Call Planning Commissioners present were, Lucinda Luke, Bob Perkes, Nona Diediker, and Shea Meehan. Absent; Chris Kemp and Al Hawkins. Also present were Community Development Director Bob Leedy, Associate Planner Thaniel Gouk, Associate Planner Aaron Lambert, and Staff Recorder Penny Mayfield. Approval of the Agenda The Planning Commission unanimously approved the Agenda as presented. Announcements, Reports, and Comments Associate Planner Gouk announced that Kids World Day Care has satisfied the conditions of the second building and said he hoped everyone is pleased with the finished building. Mr. Gouk also announced that the Kadlec rezone to Commercial Limited (CL) was approved by City Council as recommended by the Planning Commission. The Assembly of God rezone was tabled until the situation regarding the Belmont property is resolved. Citizen Public Comments Chairman Meehan opened the meeting to Citizen Public comment for issues not listed on the Agenda. There was no comment made. Presentations / Public Hearings: a) File No.: CP2009-03 Conditional Use Permit for a Large Scale Home Occupation. Nona Diediker recused herself from discussion of the agenda item. Her home is adjacent to the property requesting the Conditional Use Permit. Chairman Meehan said for the record that on advice of the interim city attorney, the Planning Commission may proceed with three members as a quorum for considering this item. He also noted that the meeting opened with a quorum of four members present. Associate Planner Gouk summarized the staff report. The Public Hearing opened at 7:14 p.m. Tom Griffin, 3100 Mt. Stuart Court, said he still doesn’t understand what Mr. Tanninen will be doing and is concerned about it becoming an eye sore and wonders what it will lead to. Chairman Meehan said he would be building brick walls and won’t be do any manufacturing on site and Mr. Gouk also noted the work is done off site. Jean Bookwalter, 3549 Eastlake Drive, submitted pictures and a petition against the CUP to the Planning Commission. She said she is opposed to the CUP. The city codes that allow large and small scale home occupations say they are not to change the rural or residential atmosphere of the neighborhood and she feels the pictures clearly show that it does. She admitted that he has made the property look very nice but the whole character of a large scale occupation does not Page 1 of 3 belong in a residential neighborhood and devalues the property. She is very concerned that as a resident she never knew the City was changing codes to allow businesses of any kind. She has talked to neighbors of other home businesses and they are not happy about it. She believes it is the Planning Commissions duty to make sure the character of residential neighborhoods is protected. Mrs. Bookwalter stated that the covenants do not allow for a home occupation and felt that is should be a consideration in the Planning Commissions decision. Karen Baker, 3493 Eastlake Drive, is also opposed to a business in their neighborhood. She stated her concern about having several bus stop locations with no sidewalks and having large vehicles driving in and out of the property. She said two large trailers arrived a couple of months ago that hadn’t been there before. She also noted that the homes in the area are very expensive and has concern that the quality of the neighborhood would be at devalued Katy Butler, 3513 Eastlake Court, said the city code provides that the purpose of the code is to create living environments of the highest standard with single family dwellings and wants make sure that nothing interferes with the character of the neighborhood. She also has concerns about the neighborhood becoming more Light Industrial than residential. Ann Roberts, 3395 Eastlake Court, lives near the property and hears the noise from the dirt bike track on Tanninen property. She had complained about the noise and feels that if Mr. Tanninen is not considerate enough of his neighbors in that regard, then he won’t be considerate as far as his business is concerned either. The Public Hearing closed at 7:29 p.m. The Planning Commission talked about the citizen’s comments and discussed if they should look into the covenants as a component of their decision. There was discussion on tabling the item until advice could be obtained by the City Attorney on if covenants can be considered in a hearing if it creates a unique circumstance. They discussed the aspects of the code that allows home businesses and the reasons why it was adopted in the first place. The discussion resulted with a decision to move forward with the following motion. Motion: Upon a motion by Lucinda Luke, seconded by Bob Perkes that the Planning Commission approve the Large-Scale Home Occupation for the tile & masonry business, located at 3858 Eastlake Drive, subject to the conditions and requirements listed in the staff report. Chairman Meehan opened the motion for discussion. He asked if there are conditions and requirements listed in the staff report they might want to consider in the motion. First Amendment to the Motion: There shall be no more than 4 vehicles/trailers exclusive to the home occupation on or near the premises at any time. Seconded Amendment to the Motion: Require that the two large gates be installed within 60 days of approval of the permit. The motion carries unanimously. Nona Diediker returned at 8:55 p.m. b) File No.: RZ2009-06 Golf Course Rezone, portions to C-1 and MR-3 from Public Use. Associate Planner Thaniel Gouk summarized the staff report. Chairman Meehan opened the Public Hearing at 7:59 p.m. The Public Hearing closed at 7:59 p.m. with no public comment. A brief discussion culminated with following motion: Motion: Upon a motion by Lucinda Luke, seconded by Nona Diediker that the Planning Commission recommend rezoning approximately 2.26 acres to Commercial (C-1) and approximately 1.77 acres to Multi-Family Residential (MR-3) of the West Richland Golf Course property, as depicted on the attached copy of the Record of Survey recorded in Vol. 1 of Surveys, Page 3541, Records of Benton County, WA (Exhibit “A”) and as shown of the attached legal description (Exhibit “B”). Page 2 of 3 New Business: a) Motion to direct Staff to proceed with Large Animal ordinance. Director Leedy summarized the staff report and asked for a motion to proceed with the large animal ordinance. Motion: Upon a motion by Bob Perkes, seconded by Lucinda Luke, that the Planning Commission direct staff to proceed with preparation of reports and scheduling of a public hearing on the large animal issue for the meeting of May 21, 2009 Planning Commission meeting. The motion carries unanimously. b) Discussion of City fence (WRMC 17.54.040) requirements. Thaniel Gouk summarized the staff report and asked the Planning Commission to authorize staff to proceed with amendment to Fence requirements. City Engineer Heath Mellotte explained the current process for approving fences and the problems associated with the process. The problems are compounding and some of the unapproved fences have been put in across easements or placed in right-of-ways and some are causing a site hazard. He said we are the only city in the area that does not require a fence permit. Pictures of incorrectly installed fences were distributed to the Planning Commission. Discussion culminated with the following motion: Motion: Upon a motion by Lucinda Luke, Seconded by Nona Diediker, that Staff be directed to proceed with preparation of reports and scheduling of public hearings for amending Chapter 17.54.040 fence requirements. Adjournment The meeting adjourned at 8:12 p.m. Page 3 of 3