The staff report is available on Ruston Reports (click here). The staff analysis, findings and conclusions reads:
"When considering change to the official zoing map, (Exhibit B), the Planning Commission must first begin by looking to the Town's Comprehensive Plan, the document which represent the Town's official vision for with it is to become. The Washington State Growth Management Act (GMA) requires that change to the zoning code and zoning map are to be consistent with the goals and policies of the Comprehensive Plan. It is the Planning Commission's responsibility to determine if the proposed changes to the zoning code or zoning map are indeed consistent prior to forwarding an ordinance on to the Town Council with a recommendation for approval.
As shown on the attached Comprehensive Plan Land Use Designation Map, (Exhibit C), it can be seen that the subject properties have a designation of "PCOM" and are not included within the areas of the town designated as RES (Single Family Residential).
Staff finds that the proposal to update the Town's official zoning map by rezoning the properties located on the east side of Pearl Street between 52nd and 54th Street from RES to COM-P is consistent with the goals and policies of the Comprehensive Plan and the official Comprehensive Plan Land Use Designation map."
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The hearing began at 7 pm. Commissioner Byran Ficiala was absent. After the formalities and agenda review for the public hearing, public testimony began.
Jennifer Martin from Highland Ave. expressed concern about the proposal. She had heard the height limits would be changed to allow 45 feet tall buildings (proposal allows 35 feet).
Jennifer Jensen from Highland Ave. urged a no vote on this proposal. In the 3 and half years she has lived here the area has gotten nosier. This proposal would only increase that noise. She was also concerned about privacy and wanted to be sure the proposal fits with what is planned for the Tacoma side of Pearl. She urged the commission to respect the residential nature of the current neighborhood.
Christine Fletcher from 52nd Street was worried that commercial development would increase traffic and parking in the neighborhood. She was concerned for the safety of the children.
Ginger Kryger of Highland Ave. reminded the commissioners that this proposal was made three years ago and neighbors rejected it. She reviewed the petition she and friends had collected. Since there is a discrepancy between the zoning code and the comprehensive plan, the comprehensive plan should be changed to residential rather than making the zoning code commercial.
I spoke in favor of the proposal noting the need to increase our tax base. This is a natural area to expand retail shops all the way down to the park, but nothing was likely to happen for some time. I mentioned the large-scale development across the street from my house on Shirley that I had supported. Even though there was a personal cost, it was needed for the overall good of the town.
Beth Torbet of Winnifred spoke in favor of the proposal. It makes sense to bring commercial all the way down Pearl Street. Retail at the entrance of the park will encourage people to get out of their cars and walk – something needed to support the businesses further up the street. She encouraged broader planning and brainstorming to outline what types of businesses we want and where. Once those goals are outlined, we can set codes and incentives to encourage those goals.
Mike Mussig who owns property in this area of Pearl wants the area zoned commercial. Most of the area is commercial anyway, even this two block area has an apartment complex and large condo building in it. He thinks it would be fair to him as a property owner to give him the same ability to develop his property like these existing multi-family/commercial developments on Pearl.
The town planner then gave some comments. He noted that an environmental review would be required for any individual development proposal that would address parking, traffic or other concerns. Impacts could be mitigated as part of the development, such as traffic revisions to slow traffic. Even if commercial zoning were approved, there would be another chance to address specific concerns each time a property is developed. There are already parking requirements for the commercial zone.
He noted that the comprehensive plan is intended to be a 20-year look into the future, where the town is headed in the future. It serves as a planner’s bible. The current inconsistency is difficult to work with.
In his opinion, the commission has several options:
- Approve the proposal to make the zoning code match the comprehensive plan (as commercial for this area)
- Approve the proposal with modifications
- Deny the change and let the inconsistency remain in place.
- Move to change the comp plan to residential for this area.
The commission then allowed more questions from the public. Ginger had some questions about how easily the variance for Coles Tavern redevelopment was approved – it may be too easy for commercial development in this area to go to 45 feet. The planner noted some unique reasons why that variance made sense that would not apply to other lots.
Jon Anderson wanted to confirm the allowable heights under this proposal (35 feet) rather than the 25 feet currently allowed in a residential zone. The planner clarified that unlike other jurisdictions, Ruston code requires all mechanical appliances or other roof structures to fit into that 35 feet, so the usable space is less with 35 feet.
Jennifer clarified that the current commercial zoning on Pearl does not require off street parking for some development, but new residential development requires 2 off street parking spaces. The planner explained that a previous council had probably wanted to provide some incentive for new development and encourage residential on top of street level retail. He noted a recent comment by a council member that parking was not a problem right now, but if there ever was growth enough to create a problem the town could address it.
Beth asked again that folks find things they do want, find ways to make this area more productive for the town.
Tom Kryger of Highland Ave. said he was on the planning commission when the commercial designation was made in the comprehensive plan many years ago. He recalled there was no public input at the time, folks were more complacent. There was no specific development proposed for the Point Ruston area at that time. He would expect a different response if the same proposal were made today. He suggested changing the comprehensive plan to residential so the issue won’t keep coming up again and neighbors won’t have to stay awake at night worried about kids getting run over in the alley.
The record was then closed and the planning commission began their deliberations. Cherrie Anderson felt that Ruston has seen so many changes that we should preserve as much of our neighborhoods as we can. With Pearl being a dead end street, there would never be support for strong retail on that end of Pearl. No one is out walking that area now. She would hate to see our neighborhood disrupted by high rises. She did not feel this change was needed right now, especially with so many people speaking against it.
Collett Judd agreed with Cherrie. She did not see a need to make this change right now.
Dick Pederson guessed that one third of the town is already zoned commercial and he did not feel any more was needed. The residential zone is important to the neighborhood feel. He recommends changing the comprehensive plan to residential so the issue does not come up again.
Charles Ranes did not feel the issue was clear-cut. He has seen successful small-scale commercial development that seems to work well next to residential neighborhoods like 30th and Carr. He envies those that can walk to a nice restaurant or retail store.
Chair Kevin Moser also felt torn. He sees the relevance of increasing the tax base, especially with the current budget shortfall.
Collette wanted to know what the sales tax rate was and how much difference it would make compared to a residential home. Cherrie stated again now is not the time to make this change. Kevin understood the concern over loss of privacy. Dick felt that in comparison to other business clusters, the area on Pearl would never be able to compete since it is on a dead end area. The choice development will be at Point Ruston and that is at a standstill right now. He did not see any reason to push this change through right now.
The planner told the commission that he has a meeting with Tacoma next week to talk about their side of Pearl Street and asked if the commission was willing to wait until he had that meeting before making their decision. The commissioners agreed to address this issue again at their next meeting on August 26th. The meeting adjourned at about 8 pm.
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