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HomeMy WebLinkAbout11-18-2010 Planning Commission Meeting Packet PLANNING COMMISSION - AGENDA REGULAR MEETING 7:00 P.M. November 18, 2010 I. CALL TO ORDER: II. ROLL CALL: Declaration of Quorum III. APPROVAL OF MINUTES: October 21, 2010 IV. OLD BUSINESS: NONE V. PUBLIC HEARINGS: A. Special Permit Location of new Middle School in an R-S-1 District. (Rd 52 8v Power Line Rd) (Renewal of a previously approved Special Permit) (Pasco School District) (MF# SP 10-024) B. Special Permit Location of a Church with daycare services in a C-1 Zone (3806 W Court St.) (House of Restoration) (MF# SP 10-025) VI. WORKSHOP: VII. OTHER BUSINESS: VIII. ADJOURNMENT: REGULAR MEETING October 21, 2010 PLANNING COMMISSION MEETING CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Vice-Chairwoman Kempf. POSITION MEMBERS PRESENT MEMBERS ABSENT No. 1 Vacant No. 2 James Hay No. 3 Andy Anderson No. 4 Alecia Greenaway No. 5 Joe Cruz No. 6 Kurt Lukins No. 7 Vacant No. 8 Jana Kempf No. 9 Lisa Gemig APPEARANCE OF FAIRNESS: Vice-Chairwoman Kempf read a statement about the appearance of fairness for hearings on land use matters. Vice-Chairwoman Kempf asked if any Commission member had anything to declare. Commissioner Anderson stated his place of employment, the Housing Authority, owns the property east of the proposed Special Permit number 10-021. Commissioner Lukins stated he and Mr. Ayers, who provided public testimony at the public hearing, are volunteers for a local non-profit and the special permit number 10-023 item has not been discussed. No other declarations were made. Vice-Chairwoman Kempf then asked the audience if there were any objections based on conflict of interest or appearance of fairness questions regarding the items to be discussed this evening. There were no objections. ADMINISTERING THE OATH: Vice-Chairwoman Kempf explained that State law requires testimony in quasi- judicial hearings such as held by the Planning Commission be given under oath or affirmation. Vice-Chairwoman Kempf swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Lukins moved, seconded by Commissioner Hay, that the minutes dated September 16, 2010 be approved with a correction where reference was made to Chairman Cruz, as Chairman Cruz was not present. The motion carried unanimously. OLD BUSINESS: -1 - A. SPECIAL PERMIT Location of an auto sales lot in a C-1 (Retail Business) Zone (Julian Parra) (801 S. loth Avenue) (MF# SP 10-0211 Vice-Chairwoman Kempf read the master file number and asked for comments from staff. Dave McDonald, City Planner, stated this item was presented at the public hearing in September and during that time it was discussed that the site plan needed to be revised and the public hearing was continued. A revised site plan was submitted with revisions to the entry way, the building and the handicap parking stall. Mr. McDonald reviewed the proposed approval conditions for the benefit of the Planning Commission and applicant. Jesus Parra, 553 East Columbia Drive Kennewick, presented the revised site plan. Commissioner Lukins asked if Mr. Parra had reviewed staff's recommendations on the fencing. Mr. Parra stated he was comfortable with the fencing recommendations. Commissioner Lukins moved, seconded by Commissioner Hay, to adopt findings of fact and conclusions therefrom as contained in the October 21, 2010 staff report. The motion passed unanimously. Commissioner Lukins further moved, seconded by Commissioner Anderson, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Julian Parra for the location of an auto sales lot at 801 South 10th Avenue with the conditions as contained in the October 21, 2010 staff report. The motion passed unanimously. B. SPECIAL PERMIT Location of a cellular tower in an R-1 (Low- Density Residential) Zone (Clearwire US, LLC) (1320 W. Henry Street) (MF# SP 10-022) Vice-Chairwoman Kempf read the master file number and asked for comments from staff. Rick White, Community 8s Economic Development Director, briefly reviewed the site plan. Commissioner Anderson moved, seconded by Commissioner Lukins, to adopt findings of fact and conclusions therefrom as contained in the September 16, 2010 staff report. The motion passed unanimously. Commissioner Anderson further moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Clearwire US LLC for the location of cellular equipment with conditions as contained in the September 16, 2010 staff report. The motion passed unanimously. -2 - C. SPECIAL PERMIT Renovations for the Pasco High School Recreation (Pasco School District #1) (1108 N. loth Avenue) (MF# SP 10-023) Vice-Chairwoman Kempf read the master file number and asked for comments from staff. Staff had no additional comments. Commissioner Hay moved, seconded by Commissioner Anderson, to adopt the findings of fact and conclusions therefrom as contained in the October 21, 2010 staff report. The motion passed unanimously. Commissioner Hay further moved, seconded by Commissioner Anderson, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to the Pasco School District for sports facility renovations as contained in the September 16, 2010 staff report. The motion passed unanimously. D. MASTER PLAN Boat Basin/Marine Terminal Master Plan (MF# INFO 09-100)(1315 S. 4th Avenue) Vice-Chairwoman Kempf read the master file number and asked for comments from staff. Mr. White briefly described the Plan for the benefit of the new Planning Commissioners. Commissioner Anderson moved, seconded by Commissioner Hay, the Planning Commission adopt the findings of fact as contained in the October 21, 2010 staff report. The motion passed unanimously. Commissioner Anderson further moved, seconded by Commissioner Hay, the Planning Commission recommend the City Council approve the Boat Basin/Marine Terminal Plan and adopt by reference as part of the City of Pasco Comprehensive Plan. The motion passed unanimously. WORKSHOP: OTHER BUSINESS: A resolution was approved recognizing Jan Neuenschwander's service as Planning Commissioner from April 20, 2010 to October 15, 2010. With no further business, the Planning Commission was adjourned at 7:34 p.m. David McDonald, Secretary -3 - REPORT TO PLANNING COMMISSION MASTER FILE NO: SP-10-024 APPLICANT: Pasco School District #I HEARING DATE: 11/18/08 1215 W Lewis St ACTION DATE: 12/16/08 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a New Middle School in an R-S-1 District. (Rd 52 & Power Line Rd) (Renewal of a previously approved Special Permit) 1. PROPERTY DESCRIPTION: Legal: The East 1/2 of the North 1/2 of the Northeast 1/4 in the Smith Addition # 442003, Section 10, Township 9 North, Range 29 East, W.M., Franklin County. General Location: Southwest corner of Road 52 & Power Line Road Property Size: Approximately 40 acres 2. ACCESS: The site is adjacent to Road 52 and Power Line Road. Power Line road is currently undeveloped 3. UTILITIES: A 16" water line is located in Road 52. A 10" sewer line is stubbed into the southwest corner of the site. 4. LAND USE AND ZONING: The site is zoned R-S-1 (Suburban Residential) and is being farmed. The property to the north is zoned A-P (Agricultural Production) in the County and is currently being farmed. The property to the west is zoned R-1 and is being farmed. The property to the east is zoned R-1-S/PUD and is farmed and/or being developed as the Northwest Commons subdivision. The properties to the south are zoned R-S-20 in the county and are developed with homes on one acre lots. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for low-density residential. Goal CF-5 suggests adequate provisions should be made for educational facilities located throughout the urban growth area. Policy CF-5-A encourages the appropriate location and design of schools throughout the community. Goal TR-1 encourages the creation and maintenance of an effective and convenient street system. Other transportation policies (TR-1-E & TR-1-F) discourage through traffic in residential neighborhoods and encourage the disbursement of traffic through an interconnected network of streets. Various utility goals and policies encourage the extension of water and sewer service in the Urban Growth Area (UF-1, OF-1A & OF-1-E). OF-D-1 suggests irrigation distribution lines be distributed with development where there are irrigation districts. The City now maintains and operates an irrigation system in the general area around the proposed school site. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-significance (DNS) has been issued for this project under WAC 197- 11-158. DISCUSSION In the fall of 2008 the Pasco School District received a Special Permit for the location of a middle school at the southwest corner of Road 52 and Power Line Road. Following the approval of the Special Permit Road 52 was extended north from Sandifur Parkway and utilities were brought to the site. The School District completed some initial site and building design work but, have not constructed the school. The Special Permit expired on October 31, 2010 and as a result the School District has applied to renew the permit. The new application has been modified from the 2008 application in that the school building has been rotated and located on the south portion of the site rather than on the north. The site modifications were required due to the construction of Road 52 and the accompanying the location of utility stubs and site elevations. Conditional uses may be permitted within the R-S-1 zoning district only after review through the Special Permit process. Most of the schools in Pasco including the Pasco High School and Chiawana High School are located in residential zoning districts. An on-line search of the Franklin County Assessors records (November 2, 2010) revealed that values of residential properties located across the street from the existing middle schools have followed the market cycles and have maintained values with a trend toward increased values since 2007. Experience within Pasco has shown that the location of a school adjacent to a residential neighborhood does not have a negative impact on the values of homes surrounding the school. Pasco currently has three middle schools. With decade of significant growth in Pasco's population (24,234 since 2000), the School District has a need to construct a fourth middle school. The proposed school site is located in an area of the community that has experienced substantial growth over the last 2 decade. There are now about 2,800 single-family homes located north of I-182 east of Road 68. The population of this area is approximately 9,200. There is enough vacant land and proposed subdivisions to accommodate another 2,200 dwelling units, bringing the population of the area up to 16,500 at build out. The State Office of Financial Management has estimated Pasco could increase in size by another 30,000 people by the year 2027. Continued population growth will create the need for additional education facilities. Along with the growth in population the community has experienced a corresponding increase in student enrollment within the Pasco School District. Since 2000 School District enrollment has increase by 70 percent. In 2000 there were 8,850 students enrolled in the District. By 2010 enrollment increased to 14,965. The proposed school has been designed as a two story structure consisting of over 96,000 square feet with a capacity to house 1,000 to 1,200 students. The proposed school grounds will contain baseball and softball diamonds, a football field, soccer fields, tennis courts and parking. The proposed site contains 40 acres and is five acres smaller than the Ochoa Middle School site but, larger than both the Stevens and McLaughlin Middle School sites. The three proposed parking lots (staff, event 8s visitors) contain approximately 430 parking spaces. About a quarter of the parking spaces are occupied during a typical school day. Access to the site is limited due to the fact that Road 52 is a dead end street and provides only one route to and from the proposed school site. Given that the proposed middle school will be the size of a small high school there will be significant traffic during certain hours of the day. The other middle school sites in Pasco have at least two means of access that help diffuse traffic and reduce the impacts of traffic on surrounding residential uses. For safety reasons (fire, police and other emergencies) and to ameliorate traffic impact to neighboring properties, at least two points of ingress are needed to service middle schools and high schools. Access concerns are not unique to schools. When the Three Rivers Crossing subdivision was being developed (one quarter mile west of the proposed school site) the developer was required to provide a second access point to the subdivision by extending Sandifur Parkway 1,800 feet west of the subdivision to Road 68. The creation of a second access point must also be considered for the development of the proposed site for a school. The extension of Power Line Road to the west would provided a second means of access to the school site. City codes require concurrent development of street, sidewalks and utilities whenever a new building is constructed. In the case of the proposed middle school site this would involve improvements to Power Line Road. These improvements will include street construction and paving, installation of curb, 3 gutter, and sidewalk (7' wide) street lights, handicapped ramps, signage, lane striping, street drainage, traffic signals, fire hydrants and any necessary speed- reduction modifications needed by the School District. With respect to traffic-related issues a signal warrant test may be needed to determine when and if a signal should be installed at Road 52 and Sandifur Parkway. Based on the Institute of Traffic Engineers Trip Generation Manual (2003) an average middle school will generate about 1,300 vehicle trips per day. That would amount to $55,900 in traffic impact fees. If the site was fully developed with single-family homes about 1,200 daily vehicle trips could be expected. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. 1. The site is located in an R-S-1 zone. 2. Under the current zoning approximately 120 single-family dwellings could be constructed on the site. 3. Schools are conditional land uses in the R-S-1 zone and require review through the special permit process prior to permitting for construction. 4. The site is at the northern edge of the Pasco Urban Growth Boundary. 5. The site is within the City limits of Pasco. 6. The Comprehensive Plan identifies the site for low-density residential uses. 7. Comprehensive Plan Goal CF-5 suggests that adequate provisions should be made for the location of educational facilities throughout the urban growth area. 8. Comprehensive Plan transportation goals and policies (TR-1, TR-1-E 8v TR-1-F) encourage the development of an effective and convenient street network that discourages through traffic in residential neighborhoods. 9. Various utility goals and policies (UF-1, UF-lA, OF-1E 8v OF-D-1) within the Comprehensive Plan encourage the extension of water, sewer and irrigation lines within the UGA. 10. The site is currently being farmed. 11. The site is owned by the Pasco School District. 12. Sewer and water utilities are stubbed to the site. 13. The site is located at the southwest corner of Road 52 and future Power Line Road. 14. Power Line Road is unimproved and lacks the necessary right-of-way for a road. 4 15. Road 52 is currently a dead-end street. 16. The proposed middle school site plan lacks a second primary road access for the disbursement of traffic and for emergency vehicles. 17. All existing middle schools in Pasco have at least two access routes to and from the schools 18. City development standards require off-site street and utility (sewer, water, irrigation 8v etc) improvements to be constructed or installed concurrently with site development. 19. Off-site street improvements include but are not limited to street construction and paving, installation of curb gutter and sidewalk (7' wide), street lights, handicapped ramps, signage, lane striping, street drainage, traffic signals, speed-reduction modifications, and fire hydrants. 20. According to the Institute of Traffic Engineers trip Generation Manual (2003) an average 96,000-square-foot middle school will generate about 1,300 vehicle trips per day. 21. If developed with single family homes the site would generate about 1,200 vehicle trips per day. 22. The School district did not submit a traffic report with the Special Permit application. 23. Pasco's population has doubled since 1997. 24. The Pasco School District enrollment has grown from 8,850 in 2000 to 14,965 in 2010. 25. The area north of I-182 and east of Road 68 is estimated to increase in population from about 9,200 to 16,500 during the next 20 years. 26. Residential property values near the existing Middle Schools (McLaughlin, Ochoa 8v Stevens) have remained constant or increased since 2007. 27. No sports fielding lighting will be constructed with the proposed middle school. 28. In 2008 the Pasco School District was issued a Special Permit for the location of a middle school on the site in question. The previously approved Special Permit expired on October 31, 2010. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: 5 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The proposed use supports the following plan policies or goals: CF-5 suggests adequate provisions be made for educational facilities throughout the Urban Growth Area. Transportation and Utility policies support city standards that require the extension of streets and utilities in conjunction with development. To be in accord with the Comprehensive Plan the proposed middle school development would also need to include the development of adjoining streets and utilities. 2) Will the proposed use adversely affect public infrastructure? Development activities within the City are required to install or improve all necessary public infrastructure concurrent with development. Construction of the new middle school will require street improvements, street lighting, sidewalks, fire hydrants, street drainage, and all other items required in the standard specification of the City. Required improvements will enhance public infrastructure facilities in the area around the proposed school site. The proposed school will generate about the same amount of daily traffic as a 40-acre subdivision. However, with one way in and out (Rd 52) traffic will impact the operation of the Road 52 and Sandifur Parkway intersection. A second access road would mitigate that concern. The location of a middle school on the proposed site may encourage the development of residential homes to the north of the school site leading to pressure to expand the UGA into areas which the city is not planning to provide utilities. In this respect the proposal may adversely impact public infrastructure. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed middle school has been designed to complement the existing and future neighborhood by providing generous yard setbacks, landscaping, screening of mechanical equipment and a pitched roof line to moderate the school's height in keeping with typical pitched roofs of residential homes. Middle schools are typically located in or near residential neighborhoods and are an accepted part of the character of residential areas. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? 6 The construction of schools in residential neighborhoods often encourages development of nearby properties. The Highland Park Homes Addition and the Mesa Verde subdivision are good examples of subdivision that were built out with homes after Ochoa Middle School was constructed. An on-line search of the Franklin County Assessors records (November 2, 2010) revealed that values of residential properties located across the street from the existing middle schools have followed the market cycles and have maintained values with a trend toward increased values since 2007. While the encouragement of development within the UGA is not an issue the proposed school site is located on the northern edge of the UGA and as a result housing development may occur outside the UGA. The city is not planning for utilities in the area north of the school site therefore any development would occur in a substandard fashion potentially impacting the value of adjoining properties within the city. 5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? Experience has shown that schools within Pasco generate few complaints from neighbors. The proposed middle school will not create more dust fumes or vibrations than what would typically be created in a 40 acre subdivision. The proposed school could generate up to 1,300 vehicle trips per day. With two distinct peaks at approximately at 7:30 am and 2:30 pm. During weekends, the summer break, and other break periods very little traffic will be generated. If developed with single family homes the site would generate about 1,200 daily vehicle trips. However, traffic from a residential development would be constant year round. The daily calculation for traffic generation does not include event traffic for ball games, concerts, and major extracurricular functions. There will be no sports field lighting constructed with the middle school. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The middle school will be constructed to meet all requirements of the International Building Code, the Fire Code, the Plumbing Code, all other construction codes and state regulations pertaining to middle school construction. The building will be required to have fire-rated corridors, area separation walls, sufficient exiting and fire sprinkler systems to 7 ensure the safety of the public. The construction of sidewalks and street improvements will address traffic safety issues. Schools have a long history of being accepted in residential neighborhoods. In most communities schools, including middle schools, are located in or near residential neighborhoods. Proposed Approval Conditions 1. The special permit shall apply to Parcel No. 116170030. 2. The Middle School and Middle School site shall be developed in substantial conformity with the site plan and building elevations submitted with the special permit application. 3. Power Line Road abutting the school property shall be improved to arterial street standards meeting all applicable regulations and Construction Standards of the City Engineering Office. Improvements shall include but not be limited to curb, gutter, sidewalk and street lighting along the school side of the street. 4. The complete road widths for Power Line Road will be 48 feet; the Pasco School District shall be responsible for constructing a minimum of 28 feet of road width on the south side. 5. Sidewalks in the Road 52 right-of-way abutting the school property shall be 7 feet in width. 6. Sidewalks in the Power Line Road right-of-way shall be 5 feet wide and located along the property line rather than the curb line. 7. The planting strip between the Power Line Road curb and the off-set sidewalk must be planted in lawn and trees approved by the Administrative and Community Services Department planted at 50-foot intervals. 8. The School District shall construct a 6-foot tall block wall/fence along the Power Line Road right-of-way per matching the block wall in West Pasco Terrace to the west. 9. The School District shall provide a second access route to and from the middle school site by either extending Power Line Road from Road 52 west to Road 68 or by connecting Power Line Road to Sandifur Parkway by way of Road 60. Improvements beyond the west boundary of the school property on Power Line Road or on Road 60 shall consist of a minimum of a 28-foot wide paved road surface built to arterial street standards. 10. The School District shall prepare a traffic study for anticipated traffic to and from the proposed school site to determine the need for additional street improvements and/or the need for traffic signals. This study shall include the increased traffic load 8 generated by the proposed elementary school at the northwest corner of Road 60 and Sandifur Parkway. The traffic study must be completed and submitted to the City Engineer prior to the issuance of a building permit and may result in additional conditions or requirements related to school construction. 11. Once both middle school #4 and the elementary school at the northwest corner of Road 60 and Sandifur Parkway are completed Power Line Road must be extended to Road 68 if the traffic study required in condition #10 indicates the Power Line Road connections with Road 60, Robert Wayne Drive and Convention Drive as well as the Road 52 connection to Sandifur Parkway do not provide sufficient traffic dispersal from the two schools. 12. No on-street parking or bus staging will be permitted on or adjacent to Road 52 or Power Line Road. 13. All costs associated with speed reduction/modification including but not limited to flashing lights, signage, pedestrian sensors, safety and crosswalks shall be paid for by the School District. 14. All street/roadway signage abutting the property is to be provided by the School District and must be per the most current MUTCD 8s City of Pasco Construction Standards. 15. The School District shall construct all necessary improvements and accommodations for pedestrian school routes along Road 52 and Power Line Road as required and identified in the traffic study. 16. All recommended street improvements, including traffic signals, recommended in the traffic study must be installed in conjunction with the construction of the middle school. 17. No mid-block crosswalks will be permitted on Road 52 or Power Line Road. 18. The School District shall pay the traffic mitigation fee in effect at the time a building permit is issued. 19. The School District shall provide the City Engineer with an event traffic plan for review and approval prior to the issuance of a building permit. 20. The School District shall prepare a dust control mitigation plan to be submitted with the building permit application. 21. All utilities, storm water facilities, and infrastructure improvements shall be designed and constructed to meet the standard specifications of the City Engineer. 22. The School District shall install a 16 inch irrigation line along the length of the school site in Power Line Road 23. The School District shall dedicate the north 40 feet of the site for the Power Line Road right-of-way. 9 24. The School District shall dedicate the east 10 feet of the site for additional Road 52 right-of-way. 25. A 55-foot radius shall be dedicated at the southwest intersection of Road 52 and Power Line Road. 26. No sports field light shall be permitted. 27. Water rights associated with site must be dedicated to the City prior to the issuance of a building permit. 28. The special permit shall be null and void if a building permit has not been obtained by January 1, 2014. RECOMMENDATION MOTION: I move to close the public hearing and schedule deliberations, the adoption of findings of fact, and develop a recommendation for City Council for the December 16, 2010 meeting. 10 • Item: Special Permit - Middle School Vicinity Applicant: Pasco School District # 1 N Map File #: SP 10-024 r CITY LIMITS - K t SITE LIMITS a CITY � :- �• , Yrr• Z r Big I Ll t U OVERTON RD T CD �-... m Q _ O NW COMMONS DR S°A FU'R�P Land Use Item: Special Permit - Middle School 1 Applicant: Pasco School District # 1 -(x - Map File #: SP 10-024 Farming (City Limit) (City Limit Farming SITE Farming � (City Limit) Lu a� i Residential - � Churcb , Tr � W L _ — - I r;, Residential `, Zoning Item: Special Permit - Middle School Applicant: Pasco School District # 1 x Map File #: SP 10-024 AP-20 (County) (City Limit (City Limit) RS- 1 SITE RS-20 � (City Limit) ,. {il LU F �� RS-20 (County) ' �o' PARLEY a CA 1 NW COMMONS R REPORT TO PLANNING COMMISSION MASTER FILE #: SP 10-025 APPLICANT: Oscar Perez HEARING DATE: 11/18/10 8515 West 3rd Ave ACTION DATE: 12/16/10 Kennewick, WA 99336 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a church with daycare services (House of Restoration) in a C-1 (Retail Business) zone. 1. PROPERTY DESCRIPTION: Legal: Lot 5 and 7 of Short Plat 86-1 General Location: 3806 West Court Street Property Size: Approximately 0.66 acres 2. ACCESS: The site has access from West Court Street. 3. UTILITIES: All municipal utilities currently serve the site. 4. LAND USE AND ZONING: The site is zoned C-1 (Retail Business) and contains a commercial building. The zoning and land use of the surrounding properties are as follows: NORTH - C-1 - Medical offices SOUTH - RS-12 -Single-family residential EAST- RS-12 & C-1 - Commercial and single-family WEST- C-1 - Commercial S. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for Commercial uses. Policies of the Plan encourage compatibility between land uses and harmony between existing and proposed development. The plan does not specifically address churches, but various elements of the plan encourage adequate provision of off-street parking and situating businesses in appropriate locations for their anticipated uses. Policies of the Plan also encourage the location of facilities for educational and cultural activities in the City. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, 1 and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) has been issued for this project under WAC 197-11-158. ANALYSIS The applicant is seeking a Special Permit to allow the location of a church and a daycare in the old Phil's Sporting Goods store at 3806 West Court Street. Churches are defined in Pasco Municipal Code as "Unclassified Uses" which require a special permit prior to locating in any zone within the City. Daycare centers are also required to be reviewed through the Special Permit process and may be permitted in any zone. The 5,600 square foot building proposed to be used for a church and daycare was originally built on the site in 1986. From 1986 to about 2005 the building was occupied by Phil's Sporting Goods. In 2006 the interior of the building was remodeled and divided into five separate spaces. The church is proposing to use up to 2,200 square feet of the building and the daycare will occupy about 900 square feet. The remaining 2,500 square feet of the building will be available commercial space for rent to permitted uses in the C-1 District. The building was originally constructed and subsequently remodeled for retail business uses. Using a portion of the interior of the building as a church changes the building occupancy classification under the International Building Code. Changing the occupancy impacts the number of restroom fixtures required. In this case an additional sink and toilet would be needed in both the men's and women's restrooms. Additionally, restroom facilities are required to be ADA compliant/handicapped accessible. Presently only one restroom is handicapped accessible. Occupancy standards of the building code will permit the 2,200 square feet dedicated for the church to have an occupancy load of 147 people. Thirty-seven parking spaces would be needed to serve 147 people. The site currently has 26 parking spaces available for the church. With some site improvements an additional 12 spaces could be added along the east side of the building; fulfilling parking requirements. The parking situation is complicated since the church will hold meetings on Friday evenings. Depending on types of commercial uses that will rent space in the building there could be a conflict with parking during that time. Restaurants and some retail businesses are open past 7:00 pm on Friday evenings. 2 The proposed (and required) parking lot area along the eastside of the building is not paved and does not contain on site drainage facilities. The Planning Commission has made it a regular practice of requiring churches to meet the commercial parking lot improvements standards for hard surfacing and landscaping. In addition to the lack of parking lot improvements the site is not bordered by curb, gutter and sidewalk. These improvements would need to be added to control ingress and egress to surrounding streets. The applicant indicated in his application materials that a child daycare would be located on the site. The site plan does not indicate where a daycare playground area would be located. Revised Code of Washington [WAC 170-295-2130(1)(a)] requires child daycare facilities provide outdoor play areas. Given the parking constraints it does not appear there is enough room on the site for a playground area. Churches are typically located in or adjacent to residential zoning districts of the city. The operations of churches generally generate few complaints from adjoining property owners. The proposed church property has generally been well maintained over the years despite the fact the parking lot has never been improved. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Churches are unclassified uses and require review through the special permit process prior to locating or expanding in any zoning district. 2. Daycare centers fall within the definition of Level One Community Service Facilities and require review through the special permit process prior to locating or expanding in any zoning district. 3. The proposed site is zoned C-1 (Retail Business). 4. The proposed site is located at 3806 West Court Street. 5. The main access to the site is from West Court Street. Secondary access is available from Road 38. 6. The proposed site has been developed with a commercial structure since 1986. 3 7. Churches are often located in or near residential zoning districts within Pasco. 8. The properties to the south and east are developed with single- family homes. 9. The parking lot area to the east of the building is not improved. 10. Lot #7 lacks street and sidewalk improvements along Road 38 and Brown Street. 11. The area within the building proposed for church use will require 37 parking spaces. 12. The site currently has 26 parking spaces. 13. The building has a 600 square foot basement. 14. The building lacks the necessary restroom facilities for an assembly (church) occupancy combined with retail/office occupancies. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT The Planning Commission must make findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed findings are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? Policy LU-2-B of the Comprehensive Plan encourages the support of facilities for educational and cultural activities. 2) Will the proposed use adversely affect public infrastructure? The proposed use will have a minimal impact on public infrastructure. Churches are generally used on Sundays and during evenings in the middle of the week. The lack of an improved parking lot on the eastside of the building combined with the lack of controlled access to said parking area potentially has an adverse impact on the surrounding neighbors and the public who utilize Road 38. These impacts can be mitigated by adding parking lot improvements, landscaping along the street and street improvements. 3) Will the proposed use be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity? 4 Churches are typically located in or near residential areas. In this case, the proposed church could serve as a buffer between the commercial uses on Court Street and the residential uses to the south and east. Landscaping, parking lot improvements and street improvements will be needed along Road 38 to maintain harmony within the neighborhood. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The location and height of the existing structure has not discouraged the development of permitted uses on surrounding properties in the past. The presence of churches in and adjacent to residential neighborhoods in other parts of the community has not discouraged residential development or impaired the value of residential properties. 5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? Churches are typically used infrequently, generally two or three days a week and generate traffic during off-peak times such as Sunday mornings and in evenings during the week. The use of the unimproved parking lot on the eastside of the building could create nuisance conditions such as fugitive dust and gravel along with dirt being knocked into Road 38. These conditions can be mitigated by the installation of curb, gutter and sidewalk. Certain types of lighted signage could create nuisance conditions for the neighboring residents. These conditions can be mitigated by prohibiting signage on the Road 38 side of the building. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? Churches are generally accepted uses in or near residential neighborhoods. Past history of church operations within the City has shown they usually do not endanger public health or safety. Without improvements the use of a parking lot along the eastside of the building will cause rocks and dirt to be knocked out into Road 38 creating a nuisance condition for motorists and neighboring property owners. These conditions can be mitigated by the installation of curb, gutter and sidewalk. 5 TENTATIVE APPROVAL CONDITIONS 1) The special permit shall apply to parcel #119-492-185 and 119- 492-20; 2) The parking lot between the building and Road 38 shall be hard surfaced and striped to meet the parking lot standards of PMC 25.78.090; 3) The parking lot shall be landscaped to meet the commercial parking lot standards of PMC 25.75; 4) Street improvements meeting the Standard Specifications including but not limited to curb, gutter and storm drainage shall be installed on Road 38 and Brown Street; 5) The applicant shall dedicate a 25 foot radius at the intersection of Road 38 and Brown Street. 6) A sidewalk with curb and gutter matching the width of the existing sidewalk on Road 38 shall be installed on Road 38 and Brown Street for the length of the property. 7) The basement must only be used for storage and cannot be used for a church classroom. 8) One additional toilet and hand basin shall be installed for each men's and women's restroom. 9) All restrooms must be meet ADA requirements to be handicapped accessible. 10) Signage shall be limited to Lot #5 and wall signs. 11) Wall signs facing Road 38 shall not be lit. 12) No wall signs shall be permitted on the Brown Street side of the building. 13) No signage shall be permitted on Lot #7. 14) The Church shall not object to the issuance of a liquor license within 1,000 feet of the church building. 15) Driveway access on Brown Street is not permitted. 16) Access to Road 38 shall be limited to the existing driveway. 17) A daycare center of any kind is not permitted. 18) The special permit shall be null and void if a City of Pasco building permit for the parking lot is not obtained by January 1, 2012. 6 RECOMMENDATION MOTION: I move to close the hearing on the proposed church and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the December 16, 2010 meeting. 7 Item: Special Permit - Church & Daycare Vicinity Map Applicant: House of Restoration N File #. 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