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08-19-2010 Planning Commission Meeting Packet
PLANNING COMMISSION - AGENDA REGULAR MEETING 7:00 P.M. August 19, 2010 I. CALL TO ORDER: II. ROLL CALL: Declaration of Quorum III. APPROVAL OF MINUTES: July 15, 2010 IV. OLD BUSINESS: A. Special Permit Location of a farm in RT (Residential Transition) and C-1 (Retail Business) Zones (the southwest corner of the intersection of Road 76 and Burden Blvd. lyin northerly of I-182) (Tom Kidwell) (MF# SP 10-020) B. Special Permit Location of a dwelling unit on the second floor of a building within a C-1 Zone (Benjamin Lee) (1303 E. Lewis Street) (MF# SP 10-017) C. Special Permit Location of a level-one Community Service Facility_ (Children's preschool) in a C-1 Zone (World Life Church) (5252 Outlet Drive) (MF# SP 10-019) D. Rezone Rezone an existing apartment complex from C-1 (Retail Business) to R-4 (High Density Residential) Zone (2524 W. Sylvester Street) (Fred LaMothe) (MF# Z 10-003) E. Code Amendment PMC 25.58 I-182 Corridor Overlay District (MF# CA 10-001 V. PUBLIC HEARINGS: A. Preliminary Plat Preliminary Plat approval for a 14-lot subdivision located on Sahara Drive between Road 44 and Horizon Drive (Larry Seaman) (MF# PP10-002� VI. WORKSHOP: VII. OTHER BUSINESS: VIII. ADJOURNMENT: REGULAR MEETING July 15, 2010 PLANNING COMMISSION MEETING CALL TO ORDER: The meeting was called to order at 7:00 P.M. by Chairman Cruz. POSITION MEMBERS PRESENT MEMBERS ABSENT No. 1 Vacant No. 2 James Hay No. 3 Andy Anderson No. 4 Vacant No. 5 Joe Cruz No. 6 Kurt Lukins No. 7 Jan Neuenschwander No. 8 Jana Kempf No. 9 Vacant APPEARANCE OF FAIRNESS: Chairman Cruz read a statement about the appearance of fairness for hearings on land use matters. Chairman Cruz asked if any Commission member had anything to declare. No declarations were made. Chairman Cruz 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. Chairman Cruz asked the audience if there were objections to any Commissioner hearing any matter. There were no objections. ADMINISTERING THE OATH: Chairman Cruz explained that State law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Commissioner Cruz swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Anderson moved, seconded by Commissioner Hay, that the minutes dated June 17, 2010 be amended with a correction to the Administering the Oath where it stated Commissioner Anderson swore in all those desiring to speak should state Chairman Cruz. The motion carried unanimously. OLD BUSINESS: -1 - A. SPECIAL PERMIT Location of a children's daycare/preschool in an existing residence in a R-1 Zone (Building Blocks Childcare Center) (3605 W. Ruby Street) (MF# SP 10-018) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, stated the special conditions have been changed to allow for a maximum of 27 children to attend Building Blocks Childcare Center. Commissioner Anderson moved, seconded by Commissioner Kempf, to adopt findings of fact and conclusions therefrom as contained in the July 15, 2010 staff report. Commissioner Anderson further moved, seconded by Commissioner Kempf, based on findings of fact and conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to the Building Blocks Childcare Center for the expansion of the existing daycare with approval conditions. PUBLIC HEARINGS: A. SPECIAL PERMIT Location of a farm in RT (Residential Transition) and C-1 (Retail Business) Zones (the southwest corner of the intersection of Road 76 and Burden Blvd. lying northerly of I- 182) (Tom Kidwell) (MF# SP 10-020) Chairman Cruz read the master file number and asked staff for comments. Mr. McDonald, City Planner stated the application was for the location of a farm in an RT & C-1 zone west of Lowe's on Road 68. The property is owned by the Department of Natural Resources and is part of the land they own to the south of I-182. The property has water rights attached to it and establishing a farm perfects the water rights assigned to this property. The only way to perfect those water rights is to put the land to beneficial use such as farm the land. I response to the hearing notice staff received a couple of calls regarding the stacking of hay in front of homes and use of the bike path. Dust control and noise were also briefly discussed. It was explained that the area west of Road 68 had been used for farming in past years and as development occurred, crop circles were purchased and incrementally converted to subdivisions with houses. Housing and farming have coexisted in the area with few complaints being generated. To address possible concerns about blocked views and other issue Mr. McDonald recommended the proposed approval conditions also include additional -2 - conditions regarding hay stacking in certain areas, over spraying on property owners fences, and interference with the bike path.. Connie Scheenstra, 4912 Porlier Lane, Pasco, WA stated she owned a townhouse bordering the property in question and she was concerned about blowing dust and use of fertilizers or pesticides. She also questioned the type of crop to be planted. Chairman Cruz stated alfalfa would be the crop for this property. The Planning Commission agreed to add the conditions as presented. Commissioner Anderson moved, seconded by Commissioner Hay, to close the hearing on the proposed commercial farm and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the August 19, 2010 meeting. B. CDBG 2011 Community Development Block Grant Allocations (Citywide) (MF# CDBG 10-012) Chairman Cruz read the master file number and asked for comments from staff. Angie Pitman, Block Grant Administrator, stated this item was presented at the June 17, 2010 meeting. There are two changes since the last meeting, Item 9, Jericho Road Ministries submitted a change to their original request; and Item 18 for the Highland Park street improvements was submitted as a back-up project. Commissioner Anderson questioned Ms. Pitman on a deadline for proposal submittals. Ms. Pitman stated there is an informal process for deadlines for projects and the proposal for the Highland Park street improvements was submitted internally as a back-up project to meet the criteria for timeliness issues. Chairman Cruz opened the public hearing. Amy Shultz, Jericho Road Ministries, 4952 Peony Street, West Richland, stated they submitted a revision due to new resources. Statistics for domestic violence calls were presented and one-third of the calls were related to victims from someone other than the intimate partner. The Esther Program provides for motel housing, food and transportation to victims and plans to expand housing options for the victims. Chairman Cruz mentioned this project has been proposed in the past and asked for a description of the funds already in place for this project. Ms. Shultz stated the majority of their funds are in-kind donations and pledges. Groups volunteered to do renovations, eliminating the need for those funds. -3 - Cash donations from anonymous sources will be used to equip the house. Total fundraisers over the next year total approximately $300,000. Chairman Cruz asked if they had $100,000 to purchase the house, when acquisition would begin. Ms. Shultz stated immediately. Chairman Cruz questioned when operations would begin. Ms. Shultz stated within one year. Commissioner Anderson stated he is in support of this project. However, the request is significant and he would feel more comfortable if they were further along in their grant applications and approvals. He would like to see this application a year from now. Chairman Cruz stated if the first year's operating funds were already secured, then the request for CDBG funds would be more appropriate. Gloria Garcia, Pasco Downtown Development Association (PDDA), stated since the last meeting inquiries have been received from six property owners for facades in the downtown area. Interested businesses include owners of City Lube, the old Western Auto Store, Liberty Theatre, and two properties next door to the Specialty Kitchen. Some of the projects are outside the boundary. Ms. Garcia mentioned the need to expand the boundaries to accommodate these requests. Projects currently in process include Viera's Bakery, Super Mex, and Meximuebbles. Chairman Cruz mentioned the carryover amount from the prior year CDBG funds. Ms. Garcia stated the property owners are "Mom and Pop" type businesses who need to save up for the fagade improvements. Absentee landlords were mentioned as the property owners that only want to collect the rent and not improve their fagade. Commissioner Lukins questioned if the facades already in process would be complete this year. Ms. Garcia stated yes. They are meeting with the architects and property owners to finalize the plans for the facades. Commissioner Lukins questioned staff on the process to expand the boundary as requested. Mr. White stated staff would be the contact to this request. -4 - Chairman Cruz stated if the facades in process are finalized and the allocations spent then maybe next year her proposal would be funded. Luisa Alaniz, Charity Training Center, stated she is aware the requested amount is more than allowable with budget monies, and presented a letter with documents regarding the Phoenix Gang Intervention and Prevention program. Ms. Alaniz, stated the revised request is for $80,000, or any monies left over from the 2011 Allocations to start their company. There was some discussion regarding training programs available, and working with Dave Reardon, Gang Task force, etc. Chairman Cruz asked if she had applied to other funding sources. Ms. Alaniz stated she is applying for many grants, one in particular, the Endowment of the Arts grant. Chairman Cruz stated that private agencies should be able to present a track record or enough money to match to make sure the project moves forward, and cited Jericho Roads Ministries efforts over the past two-years as an example. Commissioner Anderson questioned Ms. Alaniz on her awareness of other efforts such as the Boys 8v Girls Club and the city's Recreation programs. Ms. Alaniz stated yes. Commissioner Anderson stated from his knowledge of the programs in the community and the effort that the community has made over the last 15-20 years to fight gangs, that there has put a lot of effort in this and there is always more to do. He recommended she take her energies and invest them in the programs that are already up and running and successful. Ms. Alaniz stated she is not planning to work with the same type of adolescents that are in existing programs. She is working with others that do not qualify for those programs. The program has not been developed before and there is no great statistics or bearing for the program. She can provide statistics from other states. Her intent is to build a custom program for our community. Commissioner Anderson stated the Block Grant Program is not the right avenue for this type of program. He suggested she write grants to other agencies which fund this type of program. Chairman Cruz stated the burden of proof is higher for a program such as this. The object is to deploy money to programs to meet an in immediate need. Commissioner Hay stated he supports staff's recommendation. Chairman Cruz stated he also is in support. -5 - Commissioner Hay moved, seconded by Commissioner Anderson, the Planning Commission recommend the City Council approve the use of funds for the 2011 Community Development Block Grant Program as set forth in the "2011 Fund Summary" as recommended by staff. C. SPECIAL PERMIT Location of a dwelling unit on the second floor of a building within a C-1 Zone (Benjamin Lee) (1303 E. Lewis Street) (MF# SP 10-012) Chairman Cruz read the master file number and asked for comments from staff. Mr. White, Community 8s Economic Development Director, explained the request to locate a dwelling unit on the second floor of the newly constructed commercial building located on the corner of Lewis Street and Oregon Avenue. Dwelling units through the special permit process are allowed in the C-1 zone and during the plan review phase the City and applicant discussed the special permit process. Jason Lee, 11325 SE 28th, Kent, WA stated their application was for their family to live on the second floor as a security measure for the store. There is a separate entrance to the dwelling unit. Chairman Cruz asked the applicant if he had any questions and agreed with the special conditions. Mr. Lee stated he had no questions and agreed with the conditions. Commissioner Lukins moved, seconded by Commissioner Anderson, to close the hearing on the proposed dwelling units on the second floor of a building within the C-1 zone, and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the August 19, 2010 meeting. D. SPECIAL PERMIT Location of a level-one Community Service Facility (Children's preschool) in a C-1 Zone (World Life Church) (5252 Outlet Drive) (MF# SP 10-019) Chairman Cruz read the master file number and asked for comments from staff. Mr. White, Community 8v Economic Development Director, reviewed the applicant's request for the location of a level-one community service facility - children's preschool in the Broadmoor Square mall. The proposed preschool site is located within a church that was granted a special permit in late 2008. The applicant indicated an enrollment range from 10-50 children to accommodate the need for childcare from the students at Charter College. Mr. White indicated it would be appropriate to add an additional condition related to the number of students. -6 - David Jarrett, 369 Falcon Ridge, Richland, WA, Pastor at World Life Church stated they intend to have a preschool which would have two 4 hour classes available for a total enrollment of 50 students. A separate area is available within the church for the preschool and child activities. He stated several students from Charter College have asked if they provide childcare services and they would like to accommodate their need. Commissioner Kempf asked the applicant if they would have an outdoor play area. Mr. Jarrett stated they were currently working with the mall owner for the location of an outdoor playground. Chairman Cruz asked if that would be allowed under the special permit. Mr. White stated it could be allowed however it needs to be clarified for the Planning Commission to consider. Mr. Jarrett stated the play area would be "temporary" where the play equipment would be set up and removed daily. Mr. White stated the applicant should submit a sketch for the proposed outdoor play area. Chairman Cruz stated he would suggest a sketch be submitted. Commissioner Hay asked the applicant if he agreed to the conditions. Mr. Jarrett stated yes. Chairman Cruz asked the Commissioners if the maximum number of students should be 50. Commissioner Anderson stated it would be appropriate to add as an approval condition and asked if they should continue this to allow more time to provide the requested information. Mr. White suggested the matter be continued to the next Planning Commission Meeting allow time for staff and the applicant to discuss the number of students and the outdoor play area. Commissioner Anderson moved, seconded by Commissioner Hay, to continue this item to the August 19, 2010 meeting. E. REZONE Rezone an existing apartment complex (Carjo Apartments) from C-1 (Retail Business) to R-4 (High Density Residential) Zone (2524 W. Sylvester Street) (Fred LaMothe) (MF# Z 10- 003) -7 - Chairman Cruz read the master file number and asked for comments from staff. Mr. McDonald, City Planner, explained the request to rezone the Carjo Apartments from C-1 to R-4. The complex was built in 1976 and at that time zoning regulations allowed residential units to be constructed in the C-1 zoning district. The zoning regulations changed in 1982 and residential units were no longer permitted in the C-1 zoning district which caused a number of apartment complexes to be non-conforming. In the early 1990's lending institutions and insurance companies took note and made it difficult to finance and rebuild damaged non conforming apartment complexes. In the mid-1990's a number of commercial zoned apartment properties were rezoned to R-4. The written report was reviewed for the benefit of the Planning Commission. Fred LaMothe, 10024 W. Court Street, stated he was made aware that his complex was not in compliance with the Comprehensive Plan and zoning and if a fire occurred he would not be able to rebuild unless he was in conformance with the Comprehensive Plan and zoning. He stated that some time ago he requested and was granted a Comprehensive Plan amendment and is now requesting a rezone consistent with the plan. Commissioner Hay moved, seconded by Commissioner Anderson, to close the hearing on the proposed rezone and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the August 19, 2010 meeting. F. CODE AMENDMENT PMC 25.58 I-182 Corridor Overlay District (MF# CA 10-001) Chairman Cruz read the master file number and asked for comments from staff. Mr. McDonald stated a public hearing was held last year to consider a code amendment to the I-182 corridor overlay zone as it related to temporary businesses. The I-182 Overlay District prescribes certain design standards for buildings, enhanced landscaping and a few other items that are not required in other areas of the city. Over the past few years several temporary businesses have been licensed in the overlay area and have operated in a manner which is not consistent with the standards permanent businesses are required to follow. Examples have the haphazard manner in which temporary businesses operate were provided for the Planning Commission. Mr. McDonald explained one of the purposes for the zoning regulations was to enhance the economic well being of the community and stabilize or improve property values. These are important functions of the zoning regulations and give zoning regulations a public purpose. The I-182 design standards were established to support those purposes. The manner in which temporary -8 - businesses have been operating in the I-182 area does not supporting the overall purpose of the zoning regulations. Mr. McDonald reviewed the proposed code amendment would prohibit ancillary or accessory equipment such as awnings, benches, tables and other items from being place around a vendors vehicle. The amendment also requires additional setback and spacing requirements. Temporary businesses would have to be located at least 500 feet apart and no closer than 300 feet from a residential area. Commissioner Anderson asked if the "flag salesman" would no longer be allowed at Road 68 and Burden Boulevard. Mr. McDonald stated he would be allowed however, he would need to display his flags on his vehicle and would not be allowed to string a rope across the parking lot to display his flags. Chairman Cruz asked how long the itinerant vendor license was valid for and if they are able to renew for the same location. McDonald stated 30 days and yes for the same location. Chairman Cruz stated the proposal was basically saying do not set up a permanent operation for a temporary business. Mr. McDonald stated a public purpose would need to be addressed to add a time limit to the code amendment. Chairman Cruz stated if the intent was to not have them set up permanently why not add that to the code amendment? Commissioner Lukins stated he was not in favor of adding such language in fear of running off businesses and prefers a code amendment to clean up the business site. Commissioner Anderson stated this item should be researched and discussed. Chairman Cruz stated it would be appropriate to prevent squatters and does not want it to be overly restrictive. Commissioner Anderson stated the title of the code says itinerant merchant and not permanent merchant. Chairman Cruz mentioned the 25 foot setback from the street and 500 foot spacing proposed in the code amendment. Commissioner Kempf agreed with the proposed distances. -9 - Chairman Cruz asked the Commissioners whether to table this item and have staff prepare a report on the time length for the itinerant vendors to exist at the same location. Commissioner Lukins asked if the businesses had been notified for the proposed code amendment. Mr. McDonald stated an advertisement was placed in the newspaper; however, a direct mailing to businesses had not occurred. Commissioner Hay stated the word itinerant should be emphasized. Commissioner Kempf stated she was in favor of seeing time constraints and no overnight stays reviewed. Chairman Cruz asked for suggestions on the number of days for the businesses to locate at a particular business. Commissioner Anderson would like to see staffs proposal on the time constraints. Commissioner Kempf stated she would like the two vendors in question be present at the next Planning Commission. Commissioner Anderson moved, seconded by Commissioner Kempf, to continue this item at the August 19, 2010 meeting. OTHER BUSINESS: With no further business, the Planning Commission was adjourned at 8:30p.m. David McDonald, Secretary -10 - REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 10-020 APPLICANT: Tom Kidwell HEARING DATE: 07/15/2010 2420 W. Court Street ACTION DATE: 08/19/2010 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a farm in RT (Residential Transition) and C-1 (Retail Business) zones. 1. PROPERTY DESCRIPTION: Legal: Lot 4, Binding Site Plan 2006-04 together with that portion of the northeast 1/4 of the northwest 1/4 and the westerly 170 feet of the northwest 1/4 of the northeast 1/4 of Section 16, Township 9 North, Range 29 East, W.M lying northerly of I-182 General Location: Parcels 117-530-015 & 117-500-118: at the southwest corner of the intersection of Road 76 and Burden Blvd. lying northerly of I-182. Property Approximately 32 acres 2. ACCESS: The site has access from Road 76 and Burden Boulevard. 3. UTILITIES: Municipal water and sewer utilities serve the site. Irrigation water is also available. 4. LAND USE AND ZONING: The site is currently zoned RT (Residential Transition) and C-1 (Retail Business) and remains vacant. Surrounding properties are zoned and developed as follows: NORTH: R-1 - Single-family and multi-family residences SOUTH: RT - Interstate 182, vacant farm land EAST: C-1 - Commercial businesses WEST: R-1 - Interstate 182, single-family residences 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for mixed residential and commercial uses. 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. 1 ANALYSIS The applicant is requesting special permit approval to conduct farming activities in an RT (Residential Transition) zone and in a C-1 (Retail Business) zone. The site includes two vacant parcels owned by the Washington State Department of Natural Resources located directly to the west of Lowe's and southwest of Wal-Mart on Road 68. The applicant is proposing the conversion of approximately 32 acres of vacant land to commercial agricultural production. Pursuant to PMC 25.20.040(1) commercial agriculture uses may be permitted in the RT zone as a conditional use. Additionally, pursuant to PMC 25.86.035 commercial agriculture uses can be permitted within 1000 feet of residential zoning districts on the condition that the applicant submit a conservation plan approved by the Farm Service Agency. In review of this proposal Staff has identified three issues for consideration by the Planning Commission: 1) dust control; 2) noise; and 3) the eventual conversion to intended uses. During the initial grading and leveling of the site fugitive dust could potentially impact adjacent lands if not properly monitored. This impact would be eliminated once a crop is planted. Staff would suggest the applicant be required to maintain a viable water source on site during the initial grading and leveling to manage fugitive dust during wind events, and submit a dust control plan for approval by City staff. Often commercial agricultural activities occur at odd hours, which could potentially impact adjacent residential uses. Staff suggests the applicant be required to submit a complaint monitoring plan to help alleviate these impacts. The plan should minimally include potential hours of operation, a contact person to whom complaints may be submitted and a preliminary plan outlining how noise complaints will be addressed. In the early 1990's much of the I-182 corridor area was put into agricultural production. Farming operations still occur near recently developed subdivisions. These farms make productive use of the land and play an important role in preserving water rights for the community. As irrigation water was applied to the land water rights became perfected. When development occurs and farms are converted to land uses as indicated in the Comprehensive Plan the water rights are required to be transferred to the City. The property in question currently has water rights however; the water rights have not been perfected. The applicant, on behalf of the property owner, is endeavoring to put the land into agricultural production to preserve the water rights. The water rights can only be preserved if they are put to use or they 2 will be forever lost. The Department of Natural Resources water permit for the property indicates the source of irrigation water for the site can be either the Franklin County Irrigation District #1 intake at Road 111 or the I- 182/Columbia River intake. Even though the Municipal Code contains provisions for commercial farming, the City's Comprehensive Plan has designated the site for future mixed residential and commercial development. Therefore farming on the site must be considered only an interim use. Placing a time limit or a reassessment date for the farming operation would address the concern of having the farming operation on the site for an extended period of time. 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. A portion of the site is zoned RT (Residential Transition). 2. A portion of the site is zoned C-1 (Retail Business). 3. The Comprehensive Plan identifies the site for mixed residential and commercial uses. 4. The site is within the Pasco urban growth boundary. 5. The site is approximately 32 acres. 6. Municipal water is located on the site. 7. Municipal sewer is located adjacent to the site. 8. A major irrigation line is located on the site. 9. Farms are listed as permitted conditional uses in the RT zone [PMC 25.20.040(1)]. 10. Farms are listed as unclassified uses when located within 1000 feet of residentially zoned parcels. 11. Unclassified uses require special permit approval prior to establishment. 12. The site proposed for a farm is currently vacant. 13. Island Estates was developed on a farm field. 14. The Wal-Mart shopping area was developed on a farm field. 15. Farming within the urban growth area is considered an interim use only. 16. The 1-182 bike path is located along the southern edge of the site. 3 17. The site is not listed as a critical area in the City's Comprehensive Plan. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? Goal LU-1 suggests the City take deliberate and consistent measures to improve the City's physical environment. The proposal supports this goal by establishing a use on an otherwise vacant parcel. The proposal is an interim use that will preserve the site for uses designated in the Comprehensive Plan. Policy LU-3-C encourages the use of irrigation water for landscape maintenance. The proposal will preserve water rights which will provide for future irrigation needs. 2) Will the proposed use adversely affect public infrastructure? The proposed farm will have no adverse impact on public infrastructure. A farm is not dependent upon City utilities or infrastructure like a retail business or manufacturing plant. In the long term, the proposal will significantly benefit public infrastructure, namely the public water system. The proposal will secure scarce water rights for the community and enable irrigation water to be used on the site for future irrigation needs rather than expensive potable water. Securing additional water rights for the City will help ensure the City will have the necessary water to serve surrounding homes and businesses. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The location of other farms within the I-182 Corridor has demonstrated that farms within close proximity of dwellings can be operated harmoniously with intended uses. Farms have operated simultaneously with development of Island Estates, Sunny Meadows, the Village at Pasco Heights and other subdivisions in the I-182 corridor. The proposed use will not make intensive use of the land or lead to disorderly growth of the community. 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 4 There will be no structures erected on site other than irrigation equipment. Development within the I-182 corridor attests to the fact that farming operations do not discourage development of permitted uses or impair the value of nearby development. 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? The proposed farm lies immediately north of the I-182 freeway. The farming operation will not create more noise, fumes, vibrations, traffic and flashing lights than the adjacent freeway. The farm will also create less traffic and related activity than the subdivision to the north or the commercial development to the east. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way become a nuisance to uses permitted in the district? The proposed farm is only an interim use, and will not impede the development of future uses; nor will it become a nuisance to future permitted uses. The existence of numerous farming operations within the I-182 area generally demonstrates that the proposed use should not become a nuisance to permitted uses nor endanger public health and safety. RECOMMENDATION MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the August 19, 2010 staff report. MOTION for Recommendation: I move based on the Findings of Fact and Conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Tom Kidwell /Washington State Department of Natural Resources for the location of a farm with the following conditions: APPROVAL CONDITIONS (1) The special permit shall apply to the property; (2) The farm shall be operated by using best management practices for agricultural production; (3) No irrigation water is permitted to be sprayed or otherwise drain onto the adjoining right-of-way; 5 (4) No irrigation water is permitted to be sprayed onto the adjoining residential fences or property; (5) Irrigation water and farm chemicals must be applied at agronomic rates; (6) The farm crop shall be limited to alfalfa only; (7) The property shall be posted to indicate no motorcycling or four- wheeling is permitted; (8) A Conservation Plan approved by the Farm Service shall be submitted to the City prior to site grading; (9) A dust control plan must be submitted and approved by City staff prior to site grading; (10) A complaint monitoring plan that identifies how the applicant will respond to neighborhood complaints must be submitted and approved by City staff prior to site grading; (11) The water rights preserved with this farming operation shall remain with the property for future needs within the City of Pasco; (12) The special permit shall be valid for a period of three years and will automatically extend to five years if the applicant adheres to the conditions of special permit approval. Extensions beyond the first five years may be permitted, but will require the submittal of a new special permit application. In reviewing a new special permit application for this farm the Planning Commission will consider the criteria of PMC 25.86.060 along with changes in surrounding development, the pace at which surrounding development is occurring, improvements to utilities services within the area and any nuisance complaints about the operations of the farm over the past five years. No farming activity shall be permitted beyond September, 30, 2020; (13) No hay stacks are permitted west of Road 76; (14) The farming operation shall interfere with public use of the I-182 bike path; (15) The special permit shall be null and void if farming activity has not begun by September 30, 2011. 6 vicinity Item: Special Permit - Farming Applicant: Tom Kidwell N MaP File #: SP 10-020 LANGARlA�D'R '�`-r r�� r-t— �r ' -` CORDERO - Qq�'• QU QUADRA DR_ rte-. ;I"- - � •, i_�� �����1 � l �"� ---. -- - a• ,_ J , '.Cy.:�_-.-''- BURDEN. BLVD �.�— -- ROD.EO .DR:_-- 1 IT ' d Land Item: Special Permit - Farming Use Applicant: Tom Kidwell Map File #: SP 10-020 SFR's Commercial BURDEN LV O O m Commercial Commercial /:X82 SIT -- —� Vacant (farm) Zoning Item: Special Permit - Farming Map Applicant : Tom Kidwell File #: SP 10-020 R= 1 R-4 C- 1 CO BU EN BLVD C- 1 C- 1 SITE RT REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 10-017 APPLICANT: Benjamin Lee HEARING DATE: 7/15/10 1303 E. Lewis Street ACTION DATE: 9/16/10 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a dwelling unit on the second floor of a building within a C-1 (Retail Business) zone 1. PROPERTY DESCRIPTION: Legal: Lots 1 To 5 Except the East 5' of Lot 5 of Block 134 of Pasco Land Co's 1 st Addition 8v Also Lots 7 to 11, Block 5, Except the East 5' of lot 11, Long's 1 st Addition, Pasco Land Co's 1 st Addition. General Location: 1303 E. Lewis Street Property Size: 22,325 square feet (approx .51 acres) 2. ACCESS: The site has access from West Lewis Street and Oregon Avenue. The lot was enlarged along the north property line through an alley vacation by the City and an alley dedication further to the north by the property owner. 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The property is currently zoned C-1 (Retail Business) and contains a two-story convenience store/fuel station. Surrounding zoning and land use are as follows: NORTH- C-1 - residential units SOUTH- C-1 - warehouse and vacant land EAST- C-1 - neighborhood strip mall WEST- C-1 - Fuel Station 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area as commercial. The plan does not specifically address the location of residences above the ground level in the commercial zones; however, policies of the Plan can be applied to this situation. Policy H-1-A encourages the location of medium density residential uses near shopping and employment centers. Policy H-2-A suggests a full range of housing environments should be provided. 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. ANALYSIS The applicant is seeking a special permit to allow a dwelling unit on the second floor of a convenience store/fuel station. The Pasco Municipal Code (PMC) 25.42.040 [1] contains a provision allowing dwelling units on the second floor of a commercial building in C-1 zones with special permit approval. The PMC also requires that the main floor of the building be designed and intended for a use permitted within the C-1 zone. The International Building Code (IBC) requires that the entire structure be provided with a code-approved fire suppression sprinkler system throughout (International Building Code 903.2.7). This convenience store/fuel station was originally constructed as a two-story building with a dwelling unit in mind, with the explicit understanding that all building codes relating to dwelling units would need to be followed and that a special permit would be required for the dwelling unit. A July 15, 2008 letter from the City of Pasco Building Division reminded the applicant that a fire sprinkler system would be required, as well as appropriate egress designs, if the second floor were to be used as a residence, stating "Upper floor of R-3 use requires the building to have an automatic fire sprinkler system throughout." Between the July 15, 2010 Planning Commission hearing on this application and now it has been discovered that the required sprinkler system has not been installed. A January 16, 2009 letter from the Building Division summarized statements made by the applicant and/or applicant's architect that the "upper floor has been revised to be an unassigned tenant space." The applicant's architect responded to this summary with a February 9, 2009 written confirmation (repeated twice) that "owner has no intention of occupying this space for residential use." Because of this change of mind the fire sprinkler system was not installed at the time of original construction. The fire sprinkler system would need to be retrofitted into the existing structure in order to support the residential use. However it has been discovered that applicant is reluctant to install the required sprinkler system due to cost. The applicant must decide whether to either 1) pursue the residential use special permit and install a fire sprinkler system, as directed at the outset of the project, or 2) withdraw the application for residential use. 2 The Planning Commission is therefore advised that this application should be postponed until the September Planning Commission meeting. This will allow the applicant to clarify his intentions. Once the applicant has submitted his intent to the Commission, the hearing may need to be reopened to admit the new information. 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 sections 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. The site is zoned C-1 (Retail Business). 2. The site has approximately 18 on-site parking spaces. 3. The site is developed as a convenience store/fuel station with a two-story building. 4. The building was constructed specifically with a dwelling unit on the second floor in mind. 5. The applicant was told at the planning stage that a special permit would be required for the dwelling unit use. 6. The applicant was told at the planning stage that a fire sprinkler system would be required throughout the structure, as per IBC 903.2.7. 7. The fire sprinkler system has not been installed to date. 8. No zoning change is being considered; the property will remain C-1 zoned. TENTATIVE 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? The site is designated for commercial uses by the Comprehensive Plan. The Plan does not specifically address the location of dwelling units within the C-1 zone, however policies of the Plan suggest that residential use should be in close proximity to the downtown area to support the service related business of the core. 2) Will the proposed use adversely affect public infrastructure? 3 The demands of this proposal on the public infrastructure are about the same as allowed uses in the area. The required municipal utilities are sized to accommodate the intensity of this proposed use. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The majority of the site will be utilized for permitted commercial activities. 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 Size, height of the structure and size of the site are constants; the building already exists. 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? The proposal is less intensive than many of the uses permitted in the C-1 zoning district and would generate far less noise, light, glare than other permitted uses. 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? A residence located in this commercial area is much less intensive than most uses allowed in the C-1 district; However, a fire sprinkler system is required throughout the structure, as per IBC 903.2.7. and a fire sprinkler system has not been installed to date. 4 RECOMMENDATION MOTION for Findings of Fact: I move to suspend the proceedings until further necessary information can be obtained from applicant, as per PMC 4.02.070 (ii). APPROVAL CONDITIONS 1. The special permit is for the following property: Leal: Lots 1 To 5 Except the East 5' of Lot 5 of Block 134 of Pasco Land Co's 1 st Addition 8v Also Lots 7 to 11, Block 5, Except the East 5' of lot 11, Long's 1 st Addition, Pasco Land Co's 1 st Addition. General Location: 1303 E. Lewis Street. 2. A maximum of one dwelling unit on the second floor shall be permitted. 3. If the business activity ceases on the main level, the residential uses must be vacated and/or converted to a non-residential use typically permitted in the C-1 zone within 60 days following termination of the ground floor business activity. 4. The structure and property shall be in substantial conformity to all applicable building and zoning codes pertaining to this property. 5 Vicinity Item: Residential Unit in C- 1 Zone Map Applicant: Benjamin Lee N File #: SP 10-017 4A LL . z _O 4 A -- lisle SITE 72 1 Land Item: Residential Unit in C- 1 Zone Use Applicant: Benjamin Lee N Map File #: SP 10-017 a Commercial o� Vac. Y J ��P��s �o Res. z L LL iW Res. SITE 7i 0 74 O � �s Commercial 74 Zoning Item: Residential Unit in C- 1 Zone Applicant: Benjamin Lee N Map File #: SP 10-017 a C-3 o Z �J J GLP o 2 C- 1 � 74 iW SITE C= 1 71i 0 74 O �EVJ�s 5� C'1 �yo Exhibit #1 - 7-15-08 Safebuilt Plan Review Comments A PLAN REVIEW COMMENTS Jurisdiction: City of Pasco Date: July 15, 2008 Plan Reviewer: Bob Auvil Number of Pages: 18 Owners Name: Sang Lee Site Address: 1303 E Lewis Permit #: B08-1054 Occupancy Type: M & R Type of Construction: V-B # of Stories: 2 Sprinklers: Required The design documents submitted for this project have been reviewed for compliance with the codes and amendments as adopted by the City of Pasco. Plan Review Comments: Upon approval of the proposed use of the 2"d floor for (R-3) residential occupancy by the Pasco City Council, the following changes/additions to the construction plans and building will be required. 1) Upper floor of R-3 use requires the building to have an automatic fire sprinkler system throughout. IBC 903.2.7. 2) Master bedroom is shown with a fixed window. This does not meet the requirements for bedroom egress. IBC 1026.2. 3) Bedroom #2 does not have an approved egress to open directly to public way or to a yard or court. IBC 1026.1. The following corrections apply to the M occupancy: Exhibit #2 - 1-16-09 City of Pasco Plan Review Letter Building Division 525 North Third Avenue I Pasco,WA 99301 (509)545-3442 phone 1 (509)543-5728 fax www.Pasco-WA,aov 1 Perm itTech(Qpasco-wa.gov I January 16, 2009 i Benjamin Lee j 1303 E Lewis St PASCO,WA 99301 I Dear Mr. Lee: Subject: Plan Review On Hold/1303 E Lewis St/Convenience Store I am writing to advise you that tho plan review currently underway for the above noted construction project must be placed on hold, effective January 16, 2009, Please review the attached comments some of which require this project be placed on hold. Comments included herewith are not to be considered as final comments. The following contact information is provided so that you may contact each department directly regarding their comments. • Building Dept., Bob Auvil (509)946-5481 • Engineering Dept., Matt Rasmussen (509) 545-3444 • Planning Dept., Dave McDonald (509) 545-3441 • Fire Dept., John Fifer (509)545-3426 Please be advised that no construction can begin until a City of Pasco building permit has been issued and, if the permit application remains inactive for a period exceeding ninety (90) days, the application shall become null and void. Thank you for your timely submittal of all required documentation, i Sincerely, Mitch Nickolds, Inspection Services Manager MN/fs ' i cc: File I 7 Tate Architect's response on third pag, 1303 E LEWIS ST B08-1054 Conv. Store B 75 2/12/2005 l Buildinsr : f 1 ) Architect response states upper floor has been revised to be an unassigned tenant space. Plan shows lower level to be unassigned. Upper level is still shown to be occupied as a possible office use. 2) Revised plans for the second level still show a number of appliances and facilities that represent residential occupancy use. Please revise this page to represent office use only. Enu ineerina 1) Submittal is incomplete. Storm drain calculations must be submitted. No City of Pasco vertical datum is referenced. Sheets appear to be missing. Comments from previous review have not been addressed, 2) As the permit application in question Is incomplete additional project , Information must be submitted to the City Engineer before the plan review can continue. Planning: 1 ) This approval is for a °C" Store and commercial rental space only. 2) Residential units are not permitted uses In Commercial ,Zoning Districts. 3) Residential uses may be permitted by special permit on upper stories of commercial buildings in Commercial zones. No special permit has been applied for. An apartment can not be built in this building at the present time. 4) Appling for a special permit DOES NOT Guarantee it will be approved. I Tate ilicJTitec/s Res��oms: Fehrucrr) 9, 2009 Building:. 1) Architect response states upper floor has been revised to be an unassigned tcei�naeent space. Plan shows lower level to be unassigned. Upper level is still shown TatetArc�itecots �spondse.s e pge�r� Grp/a�f office prn ed on/y-theme is currently no tenant assigned to this space (Went was to show where MEP could be 'roughed-in). 2) Revised plans for the second level still show, a number of appliances and facilities that represent residential occupancy use. Please revise this page to re r sen office use only Tate A hi ects esponse. Upper tloorplan is proposed as Business or MercanMle Occupancy only. A Break Area is not uncommon to V'& V Owner has no intention of occupying this space for Residential use. Engineering:_ 9) Submittal is incomplete. Storm drain calculations must be submitted. No City of Pasco vertical datum is referenced. Sheets appear to be missing. Comments from previous review have not been addressed. Tate Architects Response.- See attached reprot for Stormwater Calculations. 2) As the permit application in question is Incomplete additional project information must be submitted to the City Engineer before the plan review can continue. Tate Architects Response: See attached tstamped�plan sheets IC-0 I >'and C-02 f' Planning: 4 T�; .a tprcval is for a "C" Store and commercial rental space only. to mite t Response: Upper floor plan is proposed as Business or Mercantile Occupancy only. Owner has no intention of occupying this space for Residential use. 2) Residential units are not permitted uses in Commercial Zoning Districts. Tate Architects Response: Not Applicable to this Project. 3) Residential uses may be permitted by special permit on upper stories of commercial buildings in Commercial zones. No special permit has been applied for. An apartment can not be built in this building at the present time. Tate Architects Response. Not App%icable to this Project. 4) Appling for a special permit DOES NOT Guarantee it will be approved. Tale Architects Response.' Not Applicable to this Project. Res��ar�ret•.Szc r/�ec�B��- i Der i Tare Taste Atchltec is cc: Sang Lee Page 2 2 of 2-page I.etteT from City(dated 1118/2009) REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 10-019 APPLICANT: World Life Church HEARING DATE: 07/15/2010 5256 Outlet Drive ACTION DATE: 08/19/2010 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a Level-One Community Service Facility (Children's Preschool) in a C-1 (Retail Business) Zone. 1. PROPERTY DESCRIPTION: Leal: Parcel #115-502-016: a portion of the South half of Section 8, Township 9 North, Range 29 WM General Location: 5252 Outlet Drive (Broadmoor Outlet Mall) Property Size: Approximately 11 acres 2. ACCESS: The site has access from Sandifur Parkway by way of Outlet Drive. 3. UTILITIES: All municipal utilities currently serve the site. 4. LAND USE AND ZONING: The site is currently zoned C-1 (Retail Business) and contains the Broadmoor Outlet Mall. Surrounding properties are zoned and developed as follows: NORTH: C-1 - Vacant land SOUTH: CR - Interstate 182, RV sales business EAST: C-1 - Vacant land WEST: C-1 - Vacant land 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for commercial uses. Goal LU-3-A encourages the location of preschools in each neighborhood. 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. 1 ANALYSIS The applicant is requesting special permit approval to add preschool use to a commercial tenant space in the Broadmoor Outlet Mall. The proposed tenant space currently contains a church, Sunday school and office space. The applicant intends to serve the needs of church members who attend the adjacent Charter College and require childcare while they are in school. Preschools and child daycares are defined as level-one community service facilities. Community service facilities are considered unclassified uses and as such, require special permit approval before locating anywhere within the city. The applicant indicated an enrollment capacity range of 10-50 children with a preference of the higher enrollment. Accordingly, the additional staffing ranges from two to five additional on-site employees to operate the preschool. Children would be on site from 8 a.m. to 5 p.m. and the day would be split into two classes, each lasting four hours. The proposed preschool could generate up to approximately 224 (per the ITE Trip Generation Manual) vehicle trips per day (including employees) if each child arrived in an individual vehicle. Since the preschool is intended to serve the needs of parents attending Charter College a certain percentage of the ITE estimate will not be new traffic. Charter College is located within the same commercial center. Students who drop their children off at the preschool will not be contributing to increased traffic volumes. In considering the traffic impacts of the proposed use the assumption is made that all trips are new trips. Conditions and analysis use 224 vehicle trips per day as the baseline for analysis. The Outlet Mall contains over 103,000 square feet of floor space. Currently only 58,700 square feet of the mall is occupied. Forty-three percent of the mall is vacant. The church site is located in the northwest corner of the Outlet Complex with parking to the east, west and north. One potential problem with a preschool locating in a commercial area is the fact that some retail establishments or restaurants sell or serve liquor. The issue is typically addressed by placing a condition on the special permit approval limiting the church's ability to object to a liquor license. The current special permit for the existing church currently imposes such a condition. At the July 15, 2010 Planning Commission public hearing there was some discussion relating to the necessity for an outdoor child play area. As indicated in the letter from World Life Church, attached herein (Exhibit 1), outdoor play areas are not required by the Department of Social & Health Services for 2 preschools. Accordingly, an outdoor play area is not proposed as part of the proposed preschool. The World Life Christian Center is currently authorized by special permit (MF# SP08-008). Approval condition #7 of the final Planning Commission report establishes a special permit expiration date of December 8, 2011. The same expiration date is being applied to the subject special permit. Upon special permit renewal the applicant may request to have both the church and the preschool reviewed simultaneously under one application. 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. The site is zoned C-1 (Retail Business). 2. The Comprehensive Plan identifies the site for commercial uses. 3. All municipal utilities currently serve the site. 4. Preschools are unclassified uses (PMC 25.86.020). 5. Unclassified uses require special permit approval prior to establishment. 6. The site proposed for a children's preschool currently contains a church with office space. 7. The preschool will utilize classroom space within the existing church 8. The proposed preschool could generate up to approximately 224 (per the ITE Trip Generation Manual) vehicle trips per day (including employees) if each child arrived in an individual vehicle. 9. The applicant indicated a maximum capacity of 50 children for the preschool. 10. The preschool will accommodate children ages 3-5 years. 11. The preschool will have up to five staff members. 12. The mall is required to have 343 parking spaces. 13. The site contains over 475 on-site parking stalls. 14. Forty-three percent (43%) of the mall is vacant. 15. The underlying Special Permit (MF# SP08-008) for the church expires on December 8, 2011. 3 CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The site is identified in the Comprehensive Plan for commercial uses. The proposed preschool supports Plan Goal LU-3-A which encourages such facilities to be located in neighborhoods. 2) Will the proposed use adversely affect public infrastructure? Adding a preschool use will require no infrastructure modifications. The site is served by all municipal utilities and the local street network. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The intended character of the neighborhood is a commercial center offering multiple tenant spaces. A child preschool conducted entirely within the confines of an existing tenant space would not conflict with or alter the intended character of the general vicinity. 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 preschool is proposed to be located in an existing commercial facility which previously received a building permit from the City of Pasco. The County Assessor's records indicate the value of the nearby commercial and residential properties have increased over the past four years. 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? Preschools generally operate without generating any noise, dust, traffic or other conditions that would be objectionable to a commercial neighborhood. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way become a nuisance to uses permitted in the district? 4 As a result of noticing nearby property owners within 300 feet of the proposed site no complaints or concerns were received by the Planning office. Daycares and preschools are not expected to generate nuisance complaints in a commercial complex and neighborhood. RECOMMENDATION MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the August 19, 2010 staff report. MOTION for Recommendation: I move based on the Findings of Fact and Conclusions therefrom the Planning Commission recommend the City Council grant a special permit to the World Life Church for the location of a Children's Preschool with the conditions as contained in the August 19, 2010 staff report. APPROVAL CONDITIONS 1) The special permit shall be personal to the applicant; 2) The preschool must comply with all requirements of the International Building Code for occupancy prior to occupancy by the building; 3) The storefront appearance of the leased space cannot be altered except as needed to comply with building code exiting requirements; 4) The preschool attendance shall be limited to no more than fifty (50) children on site at any given time; 5) The building, including entrances and restrooms, must be ADA/handicap-compliant prior to occupancy; 6) Occupancy of the building for preschool purposes will not be permitted until the church complies with all conditions listed herein; 7) The preschool shall not object to the transfer, renewal or issuance of a liquor license for an existing or new establishment within 1,000 feet of the property; 8) The special permit shall be null and void if the applicant has not obtained a City of Pasco business license by April 1, 2011. 9) The special permit shall terminate on December 8, 2011. 5 • Item: Special Permit - Preschool Vicinity Applicant: World Life Church N Map File #: SP 10-0 19 - -SA N.D I F U R PKWY . x o - H TO U1 J H SITE i �I * � lie f 61 "fli-11,n-'rr Land Item: Special Permit - Preschool � Use Applicant: World Life Church - N - Map File #: SP 10-019 ` SANDIFUR PKWY K D F W J r Vacant ° SITE Vacant z - -� Comm. Zoning Item: Special Permit - Preschool Applicant: World Life Church x Map File #: SP 10-019 SANDIFUR PKWY K D F W J r C- 1 ° SITE ,, C-1 CR z r'' 0 Lri Q co O 71r �co LP Q r N cm C4 N cy - W l 111� i1 11llIlili I � l �,,,, .� y : N — —_ — — — — - - 162 Q r 1 / Q � t Jr L �4 i` n 'ti.c?i ., ±1 rl n I J Id 2 it 1p ji" i r �� EXHIBIT 'A' 5256 Outlet Dr.,Pasco,WA 99301 509.380.0008 or contact@worldlifeec.org Wednesday, August 4, 2010 RE: World Life Christian Center Preschool To whom it may concern: I wanted to clarify some things regarding the planning commission meeting that was held July 15, 2010 and the proposed preschool by World Life Christina Center. I was not able to attend the meeting due to a pre-scheduled vacation but the issue of a play- ground was brought to my attention as a point of conversation that come up during the meeting. We are not wanting to start a daycare but a preschool. A preschool does not have the requirement of a playground that a daycare does. The children will only be with us 4 hours or less per day and because of that there are NO STATE REQUIREMENTS regarding this issue. We thank you for your concern and questions about this issue but it will not apply to us as the state does not have the same requirements for a preschool as it does a day- care. Tha k yo7& 1e ings, - Pastors Joey & Meredith aurora 509.380.0008 �� W Ad �J c6risrian center www.worldlifece.org REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 10-003 APPLICANT: Fred LaMothe HEARING DATE: 7/15/2010 10024 W. Court Street ACTION DATE: 8/19/2010 Pasco, WA 99301 BACKGROUND REQUEST: REZONE: Rezone an existing apartment complex from C-1 (Retail Business) to R-4 (High Density Residential) zone 1. PROPERTY DESCRIPTION: Leal: The northwest 1/4 of the southeast 1/4, Section 29, Township 9 North, Range 30 East, W.M. General Location: 2524 W Sylvester (Carjo Apartments) Property Size: Approximately 2.5 acres 2. ACCESS: The property has access from Sylvester Street. 3. UTILITIES: All municipal utilities currently serve the site. 4. LAND USE AND ZONING: The subject property is currently zoned C-1 (Retail Business) and contains the 44 unit Carjo apartment complex. Surrounding properties are zoned and developed as follows: NORTH- C-1 - Office buildings and vacant land SOUTH- C-3 & C-1 - Storage facility/office EAST- C-3 - Office/mini storage/apartment complex WEST- C-1 & C-3 - Residential dwellings/office/mini storage 5. COMPREHENSIVE PLAN: The Plan designates this site for mixed residential/commercial uses. The proposed rezone supports or is consistent with the following Comprehensive Plan goals: Goal H-1 which encourages the development of housing for all economic segments of the population; H-2 that suggests the city should strive to maintain a variety of housing types; and, H-3 which suggests the city should preserve and maintain the existing housing stock within the community for present and future residents. The proposal is also consistent with the following policies: Policy H-1-A which encourages the development of higher density housing near arterial streets, community shopping employment centers; and, Policy H-1-13 which encourages the location of higher density housing in locations without the need for access through lower density residential neighborhoods. 1 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. ANALYSIS The site is fully developed with the Carjo Apartment complex and has been since 1976. The Carjo Apartments were constructed in a C-1 zoning district. Prior to 1982, all residential uses were permitted in the C-1 zone. Single-family homes, four-plexes or large apartment complexes were all permitted to be constructed in commercial zoning districts. As a result of the earlier zoning codes most of the large multi-family housing complexes within the city were originally constructed in commercial zoning districts. In 1982 Pasco's zoning regulations were amended to exclude any residential uses from commercial zoning districts, except residential units approved through the special permit process on the upper floors of commercial buildings. With the approval of the 1982 amendments most of the large apartment complex's in the City became non-conforming (including the Carjo Apartments) with respect to zoning. Initially the non-conforming status of these apartment complexes was not a problem. However, the banking and insurance industry began tightening their regulations for mortgage lending to a point where in the 1990's it became increasingly difficult to obtain loans on apartments in commercial zoning districts. In the mid-1990's seven of the major apartment complexes located in commercial zoning districts were rezoned to high density residential to eliminate their non-conforming status. The Carjo Apartments were not rezoned with the other apartment complexes in 1996. However the Comprehensive Plan was later updated to include the Carjo Apartments in a mixed residential/commercial land use area. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The date the existing zone became effective: The current zoning classification was established prior to 1976. 2. The changed conditions, which are alleged to warrant other or additional zoning: 2 The Comprehensive Plan was changed in 2008 to specifically designate the site for mixed residential/commercial uses. The proposed rezone is consistent with that designation. Other major apartment complexes in commercial zoning districts have been rezoned to high density residential districts. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The proposed rezone is consistent with the Comprehensive Plan which was adopted in part to further the public health, safety and general welfare of the community. The Comprehensive Plan further advances the general welfare of the community by containing a number of goals and policies addressing housing needs for city residents. The proposed rezone supports many of the goals and policies. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: The proposed rezone will not change the existing use on the site. The Carjo Apartments have been located on the site since 1976. The adjoining mini-storage units were also constructed in 1976 and have not been negatively affected by being located adjacent to the apartment complex. The general character of the area will not be changed as a result of the proposed rezone. 5. The effect on the property owner or owners if the request is not granted: Denial of the requested zone change would cause the Carjo Apartments to continue to be non-conforming. The non-conforming status makes it difficult for the owner to sell the apartment complex or rebuild if the complex is damaged. 6. The Comprehensive Plan land use designation for the property: The Comprehensive Plan designates the site for mixed residential/commercial uses. STAFF INITIAL 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 findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is within the Urban Growth Boundary. 2. The site is zoned C-1 (Retail Business). 3. The site is approximately 2.5 acres. 3 4. The site was zoned C-1 in 1976 when the Carjo Apartments were constructed. 5. The Comprehensive Plan designates the site for mixed residential/ commercial uses. 6. Comprehensive Plan Goal H-2 suggests the City should strive to maintain a variety of housing types. 7. Comprehensive Plan Goal H-3 suggests the City should preserve and maintain the existing housing stock within the community for present and future residents. 8. Comprehensive Plan Policy H-1-A encourages higher density housing to develop near arterial streets, community shopping and employment centers. 9. Comprehensive Plan Policy H-1-B encourages the location of higher density housing in locations that avoid the need for access through lower density neighborhoods. 10. The Carjo Apartments are multi-family housing complex which add variety to the housing stock within the City. 11. The site is located on an arterial street. 12. The site is functionally convenient to major shopping areas. 13. The Americana Apartments located 166 feet east of the Carjo Apartments were rezoned to high density residential in 1996. 14. The proposed zone change is consistent with the Comprehensive Plan. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone, the Planning Commission must develop its conclusions from the findings of fact based upon the criteria listed in P.M.C. 25.88.060 and determine whether or not: (1) The proposal is in accordance with the goals and policies of the Comprehensive Plan. The Comprehensive Plan designates this site for mixed residential/commercial uses. The proposal supports several housing goals and policies (H-1, H-2, H-3 & H-I-A, H-1-B) of the Plan. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. The Carjo Apartments have been located at 2524 W. Sylvester Street for 34 years. The proposed rezone will not change the existing development patterns within the neighborhood. The apartment complex and nearby commercial uses 4 have co-existed for the past 34 years. The existence of the apartment complex has not been materially detrimental to nearby commercial uses. (3) There is merit and value in the proposal for the community as a whole. Rezoning the site will assist in preserving a segment of the housing stock and bring consistency between land use and zoning. The proposal therefore has value and merit for the community. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The existing land use patterns have been established for over 30 years and as a result no conditions are needed. (5) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the August 19, 2010 staff report. MOTION for Recommendation: I move based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council rezone the Carjo Apartment site from C-1 (Retail Business) to R-4 (High Density Residential). 5 Vicinity Item: Rezone - C- 1 to R-4 Applicant: Fred LaMothe N Map File #: Z 10-003 - k J }i _ ,1' dh v ' a — S-Y-L—VE'STER ST- ° "' ' t. • �r-,rlf.= •. fl ��. 17 71 L /00""'_w ASr ST IRVING s F f — , T IRrrrVING ST LU wn r > . . . Lj I I 7PO-.L'r' 'CT Is Tf -c s �., .� SOJS'HON.E ST H 1 T Land Item: Rezone - C- 1 to R-4 Use Applicant: Fred LaMothe N Map File #: Z 10-003 D �i � � �� � � 'I multi U i y Lodge � T' � ° I Fam. j School SYLVESTER ST NSITE ' B ank Vac. Res. � j Multi Multi IRVING ST O IRVING ST y J Fam. � I, Fam. ---I Comm. W ! W C 2 N D N � N Q D Q w L) Mini- ' Mini- & li -0 <Fw,SST � Stor.— � Stor. Cl) SHOSHONE ST Motel� Vac.Pepsi Zonin Item: Rezone - C- 1 to R-4 g Applicant: Fred LaMothe N Map File #: Z 10-003 C= l - Rm C-1 SYLVESTER ST SITE C-3 C-1 C-1 IRVING ST R 4 IRVING ST C-1 Q R1 =A2- 2 N N � O � N O O w�Fw�s ST cm C-3 C-3 C_ 1 NE ST - 1 MEMORANDUM DATE: August 19, 2010 TO: Planning Commission FROM: Dave McDonald, City Planner SUBJECT: Code Amendment PMC 25.58 I-182 Corridor Overlay District At the July 15, 2010 Planning Commission meeting action was tabled on the proposed 1-182 Corridor Overlay District amendments to allow time for further study of options related to time limits for temporary businesses. The proposed code amendment was initially developed in response to citizen complaints about the haphazard manner in which some temporary businesses were operating along Road 68 and Burden Boulevard. The purpose of the proposed amendment is to address the haphazard fashion in which temporary businesses display products for sale. The amendment was also designed to address the storage and use of various ancillary items (tables, chairs, recreational equipment) around itinerant vendors located in parking lots. The public purpose of the 1-182 Overlay District is to provide additional development regulations to create aesthetically attractive commercial development within the I-182 corridor of the City. The Overlay standards in turn support the overall public purposes (see attachment) for which the zoning regulations were adopted. During the July 151h hearing on this matter, considerable discussion centered on limiting the time period for which temporary businesses could be licensed at one location. Limiting the time of a temporary business on one location does not necessarily address the concerns of ancillary storage and the display of goods in parking lots. Requiring the business owner to remove his/her business vehicle each evening or every 30 days must address some public purpose. The issue being addressed with the proposed code amendment is the unsightly and haphazard display of goods and storage of ancillary items related to temporary businesses in parking lots. Simply requiring a temporary business to move every night will not address the broader issue of unsightly business habits. Another difficulty of limiting the time a temporary business can locate in the I- 182 area is the fact that there are no such time limits in the remainder of the community. The only distinguishing factor between the I-182 corridor and other commercial areas of the community is the design and landscape standards for commercial and multi-family development. These standards relate to I community aesthetics and property values. It would be difficult to limit the time temporary businesses can operate in the I-182 corridor based on the design standards. After further review of the proposed code amendment staff is recommending that no time limitation be including in the amendment. The attached memo from the July 15, 2010 Planning Commission meeting provides additional background and findings of fact necessary for a recommendation to the City Council. RECOMMENDATION MOTION: I move the Planning Commission adopt the findings of fact as contained in the August 19, 2010 staff memo on Code Amendments for PMC Chapter 25.58. MOTION: I move the Planning Commission recommend the City Council adopt the proposed Code Amendments modifying PMC Chapter 25.58 as attached to the August 19, 2010 staff memo to the Planning Commission. 2 MEMORANDUM DATE: July 15, 2010 TO: Planning Commission FROM: Dave McDonald, City Planner SUBJECT: Code Amendment PMC 25.58 I-182 Corridor Overlay District INTRODUCTION In the fall of 2001 the Planning Commission held several meetings to develop a Code Amendment providing for development standards in the 1-182 corridor west of Road 36. The City Council accepted the Planning Commission's recommendations by adopting Ordinance # 3515 enacting the I-182 Corridor Overlay District as Pasco Municipal Code 25.58. The purpose of PMC 25.58 was to create development provisions designed to enhance the aesthetics of commercial development around and near the Road 68 and Road 100 Interchanges. This chapter of the zoning code includes enhanced standards for landscaping and building design and screening. Much of the development that now exists in the 1-182 corridor has occurred since the adoption of the 1-182 standards in December of 2001. While not being over bearing these standards have been responsible for visual enhancements to commercial buildings and parking lots on Road 68, Burden Boulevard and the other commercial areas west of Road 36. The development of the garden centers at the Lowes and Wal-Mart buildings along with some of the additional architectural features and landscaping on those projects, are examples of what the code was designed to achieve. The purpose statement of PMC 25.58 states that the Overlay District is to provide additional development regulations to create aesthetically attractive buildings and commercial development within the I-182 corridor of the City. PMC 25.58 provides development guidance for buildings and landscaping but it does not provide safe guards to protect the intended character of the 1-182 area with respect to activities such as special event sales in service station parking lots or itinerant merchants in other parking lots. While buildings built in the I- 182 Overlay District are required to contain several architectural features per elevation and must be constructed of certain materials there are no such requirements for temporary businesses that set up in parking lots. As a result the temporary businesses operate in a haphazard fashion with goods displayed I all over parking lots on city sidewalks on shrubs and in landscaped beds. These businesses also store various items (propane tanks, coolers, tables chairs, recreational equipment, etc) in the parking lot around the vehicle from which business is transacted. The haphazard display of goods and use of parking lots for storage purpose by vendors totally unrelated to the purpose of the building on the lot defeats the whole purpose for which the community established the I-182 development standards. Experience from other areas of the community has shown that temporary businesses (itinerant merchants) routinely store miscellaneous items around their site such as propane tanks, buckets, boxes coolers, dust bins, milk crates, recreational equipment flower pots, satellite dishes, hoses, chairs tables, picnic benches. These temporary businesses also affix carport structures, tarps, umbrellas to the ground. Experience has also shown that temporary businesses are often open for business past the time permanent businesses usually close. With the late hours of operation the Pasco Police Department has found that where temporary businesses concentrate geographically, there is an increase in disorderly conduct, assaults, and other criminal activity. FINDINGS 1) In 2001 the Pasco City Council adopted Ordinance 3515 enacting the I-182 Overlay District codified as Pasco Municipal Code Chapter 25.58 2) The purpose of PMC Chapter 25.58 is to provide development regulations to create aesthetically attractive buildings and commercial development within the 1-182 corridor of the City. 3) Permanent businesses in the I-182 Overlay District are required to develop with enhanced architectural features, screening and landscaping in comparison with other commercial areas of the community. 4) Buildings built in the 1-182 Overlay District must contain architectural features such as columns, pilasters, belt courses, brackets, decorative molding, quoins and similar items. 5) Buildings in the I-182 area must be contain exterior walls one or more of the following materials: wood, brick, stucco, block, glass, and composite materials. 6) PMC 25.58 requires the owners of all building sites to maintain their properties in a clean, safe and well-maintained condition consistent with the enhanced landscaping and screening requirements. 2 7) Temporary businesses include itinerant merchants and businesses licensed for special event sales. 8) Temporary businesses locating in the I-182 Overlay District have not been included in the design standards necessary to support the purpose and intent of the I-182 Overlay District. 9) Temporary businesses locating in parking lots of permanent businesses in the I-182 Overlay District have scattered and displayed merchandise for sale in a haphazard fashion on public sidewalks, around parking lots, in areas of parking lots necessary for safe travel, and on shrubbery and plants in landscaped beds. 10) Temporary businesses locating in parking lots within Pasco store items such as rugs, paintings, stuffed animals, propane tanks, buckets, boxes, coolers, flower pots, recreational equipment and satellite dishes around the vehicles from which the businesses operate. 11) Temporary businesses locating in parking lots frequently set up permanent customer seating, and attach carport structures covered with metal siding material and or plastic tarps. 12) Temporary businesses locating in parking lots often run water hoses and electrical extension cords across parking lots. 13) Temporary businesses locating in parking lots occupy parking spaces and aisle ways within parking lots of permanent businesses. 14) Experience within the community has shown that temporary businesses are often open for business past 10:00 p.m. 15) Temporary businesses conduct business activities out-of- doors where the conduct of such activities can generate noise and commotion that impacts neighboring residential properties. 16) Where temporary businesses are geographically concentrated the Pasco Police Department reports an increase in lawlessness with such businesses such as assaults, fights, disorderly conduct, gang activity, the public consumption of alcohol and other criminal activity. 17) The Pasco Police Department has found that where itinerant vendors are located individually at dispersed locations there are few or no calls for service and few or no reports of lawlessness. RECOMMENDATION 3 MOTION: I move the Planning Commission adopt the findings of fact as contained in the T, 2010 staff memo on Code Amendments for PMC Chapter 25.58. MOTION: I move the Planning Commission recommend the City Council adopt the proposed Code Amendments modifying PMC Chapter 25.58 as attached to the du�y 15, 2010 staff memo to the Planning Commission. 4 CHAPTER 25.04 TITLE — PURPOSE Sections: 25.04.010 TITLE.......................................................................................... 3 25.04.020 PURPOSE OF TITLE...................................................................... 3 25.04.030 SEVERABILITY CLAUSE................................................................. 3 25.04.040 JURISDICTION............................................................................. 3 25.04.010 TITLE. This Title shall be known as the "Pasco Urban Area Zoning Ordinance". (Ord. 3354 Sec. 2, 1999.) 25.04.020 PURPOSE OF TITLE. The purpose of this Title is to implement the Comprehensive Plan for the Pasco Urban Area. This Title is to also further the purpose of promoting the health, safety, convenience, comfort, prosperity and general welfare of the present and future inhabitants of the Pasco Urban Area, and; (1) To encourage and facilitate the orderly growth and development of the Pasco Urban Area. (2) To provide adequate open space for light and air, to prevent overcrowding of the land, and to lessen congestion on the streets. (3) To secure economy in municipal expenditures, to facilitate adequate provisions for transportation, water, sewer, schools, parks, and other public facilities and services. (4) To increase the security of home life and preserve and create a more favorable environment for citizens and visitors of the Pasco Urban Area. (6) To secure safety from fire, panic and other dangers. (7) To stabilize and improve property values. (8) To enhance the economic and cultural well being of the inhabitants of Pasco. (9) To promote the development of a more wholesome, serviceable and attractive city resulting from an orderly, planned use of resources. (Ord. 3354 Sec. 2, 1999.) 25.04.030 SEVERABILITY CLAUSE. If any word, clause, sentence, paragraph, or section of this Title or its application to any person or circumstance shall for any reason be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, the judgment shall not affect, impair or invalidate the remainder of this Title or its application to other persons or circumstances, but shall be confined in its operation to the word, clause, sentence, paragraph, persons or circumstances, or part thereof directly involved in the controversy in which the judgment shall have been rendered. (Ord. 3354 Sec. 2, 1999.) 25.04.040 JURISDICTION. This Title is enacted and administered separately by the City of Pasco and Franklin County for lands and uses within the Pasco Urban Area. (Ord. 3354 Sec. 2, 1999.) PMC Title 25 4/3/2006 3 ORDINANCE NO. AN ORDINANCE relating to zoning and amending PMC Title 25 dealing with temporary businesses in the I-182 Overlay District. WHEREAS, in 2001 the Pasco City Council adopted Ordinance 3515 enacting the I-182 Overlay District codified as Pasco Municipal Code Chapter 25.58; and, WHEREAS, the I-182 is a distinct geographic area located generally west of Road 36 and north of the FCID canal; and, WHEREAS,the purpose of PMC Chapter 25.58 is to provide development regulations to create aesthetically attractive buildings and commercial development within the I-182 corridor of the city; and WHEREAS, permanent businesses in the I-182 Overlay District are required to develop with enhanced architectural features, screening and landscaping in comparison with other commercial areas of the community; and, WHEREAS, PMC 25.58 requires the owners of all building sites to maintain their properties in a clean, safe and well-maintained condition consistent with the enhanced landscaping and screening requirements; and, WHEREAS, temporary businesses locating in the I-182 Overlay District have not been included in the design standards necessary to support the purpose and intent of the I-182 Overlay District; and, WHEREAS, temporary businesses locating in parking lots of permanent businesses in the I-182 Overlay District have scattered and displayed merchandise for sale in a haphazard fashion on public sidewalks, around parking lots, in areas of parking lots necessary for safe travel, and on shrubbery and plants in landscaped beds; and, WHEREAS, temporary businesses locating in parking lots store items such as propane tanks, buckets, boxes, coolers, flower pots, dust bins, milk crates, recreational equipment and satellite dishes around the vehicles from which the businesses operate; and, WHEREAS, temporary businesses locating in parking lots set up permanent customer seating, and attach carport structures made of metal siding like material and or plastic tarps to the ground; and, WHEREAS, temporary businesses locating in parking lots often run water hoses and electrical extension cords across parking lots; and, WHEREAS, experience within the community has shown that temporary businesses are often open for business past 10:00 pm; and, WHEREAS, temporary businesses conduct business activities out-of- doors where the conduct of such activities can generate noise and commotion that impacts neighboring residential properties; and, WHEREAS, without the implementation of dispersal regulations for certain types of temporary businesses (itinerant vendors) past Police Department reports have shown an increase in lawlessness with such businesses such as assaults, fights, disorderly conduct, gang activity,the public consumption of alcohol and other criminal activity; and, WHEREAS, the Police Department has found that where itinerant vendors are located individually at dispersed locations there are virtually no calls for service and virtually no reports of lawlessness; and, WHEREAS, the City Council takes note of Police Department reports and relies on Police Department experience before making decisions to combat crime; and, WHEREAS, the City Council recognizes that important and substantial governmental interests provide a constitutional basis for the reasonable regulations of business activities within the City limits; and, WHEREAS, the City Council has the responsibility to assure the public health, safety and welfare are maintained within the community; and, WHEREAS, the City Council has determined that to maintain and protect the general welfare, public health and safety and to support the purposes of Pasco Municipal Code Chapter 25.58 it is necessary to amend PMC Title 25, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Chapter 25.12 of the Pasco Municipal Code be and the same is hereby amended to include a new sub section 25.12.452 to read as follows: 25.12.452 Temporary Business: Means an itinerant vendor as defined under PMC 5.10A.020 A), B) and C) and any business licensed as a temporary special sales event out of doors and not associated in any way with the licensed permanent business located on the lot. Section 2. That Chapter 25.58. of the Pasco Municipal Code be and the same is hereby amended to include a new sub section 25.58.095 to read as follows: 25.58.095 Temporary Business Standards: (A) Temporary businesses are only permitted on lots that are fully developed with public infrastructure and improved with parking lots, landscaping and buildings. (B) Temporary businesses must be located at least 300 feet from any residentially zoned property. (C) Goods, wares and merchandise of any kind can only be displayed or offered for sale from the temporary business vehicle or conveyance. 2 (D) Only one temporary business vehicle is permitted per licensee. (E) Temporary businesses must be located at least 500 feet apart. (F) No ancillary or accessory equipment of any kind is permitted to be use with a temporary business including but not limited to: tables, chairs, benches, picnic tables, umbrellas, propane tanks, tents, awnings, carport structures, satellite dishes, recreational equipment, amusement devices, entertainment equipment, portable or temporary shelters, portable heaters, temporary lighting fixtures, decorative lighting, coolers not located on the business vehicle, freezers/refrigerators not located on the business vehicle, serving tables, carpet, fencing and faux landscape elements. (G) No parking lot modifications are permitted for the location of temporary businesses including but not limited to: curbing, concrete slabs, decking and patios. (G) Signage is only permitted on the temporary business vehicle and not on public right-of-way or in parking lots. (H) No advertising for services, activities and products that are not available on or from the temporary business vehicle is permitted. (I) Temporary businesses must be located at least 25 feet from a public right-of-way (J) Temporary businesses must locate in an area of the parking lot that will not create traffic congestion or other problems for the regular use and operation of the permanent business located on the lot. (K) Required off street parking cannot be diminished by the location and operation of a temporary business. Section 3. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of 2010. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney 3 REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 10-002 APPLICANT: Larry Seaman HEARING DATE: 8/19/10 508 East 1st Ave. ACTION DATE: 9/16/10 Kennewick, WA 99336 BACKGROUND REQUEST: Preliminary Plat: Sahara Estates, 14-Lots 1. PROPERTY DESCRIPTION: Legal: A portion of the northwest 1/4 of the northeast 1/4 of Section 14, Township 9 North, Range 29 East W.M. identified as Tract "B" in the Survey under Auditors File # 16165077 General Location: Sahara Drive between Horizon Drive and Road 44. Property Size: 4.45 Acres Number of Lots Proposed: 14 single-family lots Square Footage Range of Lots: 10,000 ft2 to 11,410 ft2 Average Lot Square Footage: 10,525 ft2 2. ACCESS: The property has access from Horizon Drive and Road 44. 3. UTILITIES: Municipal sewer already exists on the site. Water service will need to be extended through the site from the east and west. 4. LAND USE AND ZONING: The site is zoned R-S-1 (Suburban Residential) Surrounding properties are zoned and developed as follows: NORTH: R-S-1 - Single Family Residences SOUTH: R-S-1 - Single Family Residences EAST: R-S-1 - McGee Elementary School WEST R-S-1 - Single Family Residences 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for Low-Density Residential development. According to the Comprehensive Plan Low-Density Residential means 2 to 5 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for residential uses when or where: sewer is available, land is suitable for home sites, and when there is a market demand. Policy H-1-E encourages the advancement of home ownership and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU-2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. I 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. ANALYSIS The City's land use plans for the last 28 years have indicated the property in question should be utilized for low-density residential development. The site was originally included in the development plan that was approved for the Desert Plateau subdivision in the late 1970's. While the remainder of the Desert Plateau neighborhood developed, the site in question remained vacant. The applicant is proposing to subdivide the site in question into 14 single- family lots. The plan calls for the connection of Sahara Drive between Road 44 and Horizon Drive. The proposed lot sizes will conform to the R-S-1 zoning and existing lots within the neighborhood. LOT LAYOUT: The proposed plat contains 14 lots; with the lots varying in size from 10,000 square feet to over 11,000 square feet consistent with the site and neighborhood zoning. RIGHTS-OF-WAY: All lots have adequate frontage on streets that will be dedicated. UTILITIES: The developer will be responsible for extending a water line and other utilities into the plat. A utility easement will be needed along the first 10 feet of street frontage of all lots. The final location and width of the easements will be determined during the engineering design phase. The front yard setbacks for construction purposes are larger than the requested easements; therefore the front yard easements will not encroach upon the buildable portions of the lots. The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. As a general rule, fire hydrants are located at street intersections and at a maximum of 500-foot intervals and streetlights are located at street intersections and at 300-foot intervals on residential streets. STREET NAMES: The only street in the proposed plat is a continuation of Sahara Drive. 2 IRRIGATION: The municipal code requires the installation of irrigation lines as a part of infrastructure improvements. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval. Where no water rights exists the developer is required to pay a fee of$1,500 an acre. FINDINGS OF FACT State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning Commission to develop Findings of Fact as to how this proposed subdivision will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Findings of Fact": Prevent Overcrowding: Minimum lot sizes of 10,000 square feet or greater will address the overcrowding concern by providing manageable lots and usable open spaces. The Comprehensive Plan suggests the property in question be developed with 2 to 5 dwelling units per acre. The proposed plat has a density of about 3.1 units per acre. No more than 40 percent of each lot can be covered with structures per R-S-1 zoning standards. Parks Opens Space/Schools: A city park/school playground is located directly to the east across Horizon Drive. The preliminary plat was submitted to the School District for review. No comments were received from the School District. The School Distinct is in the process of planning for a new elementary school on Road 60 and a new middle school at the north end of Road 52. Both schools have been granted a special permit. Effective Land Use/Orderly Development: The plat is laid out for low density residential development as identified in the Comprehensive Plan. The maximum density permitted under the Comprehensive Plan is 5 dwelling units per acre. The proposed development with about 3 dwelling units per acre is an orderly continuation of the existing residential subdivisions surrounding the site. Safe Travel & Walking Conditions: The plat is connected to Horizon Drive, and Road 44. Sidewalks will be installed on either side of Sahara Drive. Sidewalks will be installed at the time homes are built on individual lots. Adequate Provision of Municipal Services: All lots within the plat will be provided with water, sewer and other utilities. Provision of Housing for State Residents: This preliminary plat contains 14 residential building lots to provide new housing sites for Pasco residents. 3 Adequate Air and Light: The lot sizes and maximum lot coverage limitations will assure that adequate movement of air and light is available to each lot. Proper Access & Travel: The one street through the plat will be paved and developed to city standards to assure that proper access is maintained to each lot. Connections to the community will be provided by Road 44, and Horizon Drive. The preliminary plat was submitted to the Transit Authority for review. (The discussion under "Safe Travel" above applies to this section also.) Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the plat site for Low-Density Residential development. Policies of the Comprehensive Plan encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing for residents. Other Findings: (list additional findings as appropriate) • The site is within the Pasco Urban Growth Boundary. • The State Growth Management Act requires urban growth and urban densities to occur within the Urban Growth Boundaries. • Comprehensive Plans for the past 3 decades have set the site aside for low density residential development. • Low-Density Development is described in the Comprehensive Plan as 2 to 5 dwelling units per acre. • The site is zoned R-S-1 (Suburban Residential). • The proposed plat was part of the original development plan for the Desert Plateau neighborhood of the late 1970's that identified future streets for the neighborhood. • The Housing Element of the Comprehensive Plan encourages the advancement of programs that promote home ownership and development of a variety of residential densities and housing types. • The Transportation Element of the Comprehensive Plan encourages the interconnection of neighborhood streets to provide for the disbursement of traffic. • The interconnection of neighborhood streets is necessary for utility connections (looping) and the provision of emergency services. • Sahara Drive has been partially constructed east of Road 44. • There is no dedicated cul de sac on the east end of Sahara Drive. • Dedicated cul de sacs are provided on the ends of streets where they are not planned to be extended in the future. • The School District has purchased sites for future schools at the northwest corner of Road 60 and Sandifur Parkway (elementary school) and at the end of Road 52 (middle school). 4 • All properties surrounding the site have been developed. • A sewer line is located along the future extension of Sahara Drive. • An 8 inch water line was stubbed out at the east end of Sahara Drive and on Horizon Drive during past development in anticipation of the future extension of Sahara Drive. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed plat the Planning Commission must develop findings of fact from which to draw its conclusion (P.M.C. 26.24.070) there from as to whether or not: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; The proposed plat will be required to develop under the standards of the Municipal Code and the standard specifications of the City Engineering Division. These standards for streets, sidewalks, and other infrastructure improvements were designed to ensure the public health safety and general welfare of the community are secured. These standards include provisions for streets, drainage, water and sewer service and the provision for dedication of park lands. This preliminary plat has been forwarded to the Franklin County PUD, the Pasco School District and Ben-Franklin Transit Authority for review and comment. A city park and school playground are located on Horizon Drive directly east of the proposed plat. Two new school sites are located to the northwest on Road 60 and Road 52. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed plat makes efficient use of vacant land and will provide for the looping of utilities and interconnectivity of streets as supported in the Comprehensive Plan. Sahara Drive was originally planned to extend from Road 44 eastward to Horizon Drive. The proposed subdivision will complete that connection. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; The Comprehensive Plan land use map designates the site for Low-Density Residential development. Low density development is described as 2 to 5 single- family units per acre in the text of the Comprehensive Plan. The Housing 5 Element of the Plan encourages the promotion of a variety of residential densities and suggests the community should support the advancement of programs encouraging home ownership. The Transportation Element of the Plan suggests major streets should be beautified with trees and landscaping. The Plan also encourages the interconnection of local streets for inter-neighborhood travel for public safety as well as providing for traffic disbursement. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps and narrative text of the Plan as noted in number three above. (5) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and findings of fact. The findings of fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations. (6) The public use and interest will be served by approval of the proposed subdivision. The proposed plat, if approved, will be developed in accordance with all City standards designed to insure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through development of this plat. These factors will insure the public use and interest are served. PLAT APPROVAL CONDITIONS 1. At the time lots are developed, all abutting roads and utilities shall be developed to City standards as approved by the City Engineer. This includes, but is not limited to, water, irrigation and sewer lines, streets, street lights and storm water retention. Sidewalks must be installed no later than the time each lot is developed with a house. The handicapped accessible pedestrian ramps must be completed with the street and curb improvements prior to final plat approval. All existing and proposed utilities must be installed underground by the developer at the developer's expense. 2. Sahara Drive shall be built to the City of Pasco's Local Access Street Standard including the intersection with Horizon Drive. The existing 6 temporary turn around shall be removed and the new street section placed. Any broken or damaged curb, gutter or sidewalk adjacent to the new subdivision shall be replaced. 3. The developer/builder shall pay the "traffic mitigation fee" established by ordinance at the time of issuance of building permits for homes. Fees collected shall be placed in a fund and used to finance signalization and other improvements necessary to mitigate traffic impacts on the circulation system within the I-182 corridor. 4. All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s). 5. No utility vaults, pedestals or other obstructions will be allowed at street intersections. 6. The developer/builder shall pay the City a "common area maintenance fee" of $250 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to finance the maintenance of lands along Burden Boulevard. 7. All storm water is to be disposed of per City and State Codes and requirements. 8. The developer shall insure active and ongoing dust, weed and litter abatement activities occur during the construction of the subdivision and construction of the houses thereon. 9. The developer shall be responsible for the creation of record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the engineering department. This form shall be signed by the developer prior to plan approval. 10. 4" PVC Irrigation mainlines shall be installed on either side of Sahara Drive to service every lot within the plat pursuant to PMC 26.04.116. 11. The final plat shall contain the following statement: "Irrigation service lines are currently available to lots within this plat; however, water for the irrigation system may not currently be available. The City of Pasco is constructing its irrigation infrastructure on an ongoing basis. The use of the system will become available as time and resources permit the expansion and connection of new systems to the existing irrigation supply." 12. Any and all utilities shall be located as directed by the City Engineer. This shall include but, is not limited to gas, phone, power, cable and all other utilities located within or adjoining the plat. Any existing utilities that present difficulties shall be relocated at the developer's expense, pursuant to the City Engineer's direction. All utility plans, including the above mentioned, are required to be submitted to the City of Pasco prior to subdivision approval. 7 13. There is a 16" water transmission main through the plat. This main is not to be used to service the lots within the plat. The 8" water line stubbed into the plat from Sahara Drive shall be extended to connect with the stub from Horizon Drive. 14. The developer shall be responsible for all costs associated with construction inspection and plan review service expenses incurred by the City of Pasco Engineering Department. 15. All engineering designs for infrastructure and final plat drawings shall utilize the published City of Pasco Vertical Control Datum and shall be identified on each such submittal. 16. The final plat shall contain 10-foot utility easements parallel to all streets. An additional easement shall be provided as needed by the Franklin County PUD. All other easement widths are to be as directed by the City Engineer. 17. The final plat shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat." 18. Water rights shall be assigned to the City, if no water rights exist, the developer is required to pay a fee of $1,500 an acre to the City of Pasco prior to acceptance of any subdivision construction plans. 19. Street lighting will be installed to the City of Pasco/Franklin County PUD standards and as directed by the City Engineer. Residential street lights are typically installed every 300 feet and collector/arterial type streets lights are typically installed every 150 feet. 20. Prior to the City of Pasco accepting construction plans for review the developer must enter into a Storm Water Maintenance Agreement with the City. The developer will be responsible for obtaining the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement must be presented to the City of Pasco at the first intake meeting for construction plans for each phase of development. 21. The developer will be required to conform to all conditions set forth in the Storm Water Maintenance Agreement including, but not limited to, regular cleaning and maintenance of all streets, gutters, catch basins and catch basin protection systems. Cleaning shall occur on a regular basis to ensure that no excess build up of sand, trash, grass clippings, weeds or other debris occurs in any portion of the streets, gutters, or 8 storm water collection facilities. Cleaning and upkeep of the streets, gutters, and storm water collection facilities must be to the satisfaction of the City Engineer. The developer will be responsible for operating and maintaining the storm drain system in accordance with the Storm Water Maintenance Agreement for a period of up to five years from the date of final plat approval for each phase or until the system is accepted by the City of Pasco. The City of Pasco's acceptance of construction plans for subsequent phases of the subdivision will be contingent upon the developer satisfying all requirements of the Storm Water Maintenance Agreement. 22. The developer will be required to comply with the City of Pasco Civil Plan Review process. A copy of the requirements for the Civil Plan Review process is available from the City of Pasco Engineering Department. 23. A revised Preliminary Plat incorporating all plat approval conditions shall be submitted to the City of Pasco Engineering Department prior to the submittal of any subdivision construction plans. RECOMMENDATION MOTION: I move to close the hearing on the proposed preliminary plat and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the August 19, 2010 meeting. 9 Plat Sahara I Overview Item: Prelim Applicant: Larry Seaman Q Map File PP 10-00 illso - A WRI . .. ay ■ ■� ■. ■■ �■ ♦ ■ 1 yi■■■■■■■■��I�i v ���iii�iiiii�Pe��.�' :Il�'i1�A�11i�� ■ r■e� a� r■iei �a� ■��a10♦♦♦ �■ � �!!!!!�4!®!�1 ■ \�����ii■� �®Bit■�■li���'d iiiiii�li ii��d�i�aiiii�ii�fei Riii�daii7 ■ ■■ .■ �. ■■ fifi,�♦♦♦ r♦ �',� � � � ♦ ♦ e ■ �i!!!!!!!!!!� .II■■ ■�■�■■;�■ gait■���i�r���� z �. �a���� ®� yi�iiadilsi� ��� ��' m■ �w ,��iia��� �� ♦s ° W' .��. �� ,� ■ �■ ■wa ,� ^re ,dui ,� Abi .. „a,i��diR�i:r+rw %.F,��€��ixii.�����d'�5��� � �� ■■ i�ii� "� � �`�� ■ ■ ,!!!!!!!!!W°�l��I�. � ■�■■■■■��? � i�irm6�rii �■� �. id iiid d � i$itiii�iii k°�,a ■� am ®a,ION , �' �� ■ d 7 � �G�C�:r � ■w ■■ � fdi� �°z�,7a r■ �■■ ,' ® +;�dii i . ��w �aii id ii�iii�i+i yi r+® ✓ C'► �'♦♦' I����$ i� d G1 � m ■ ■■i d'F(r F YID �imgWWAu'duarumu G• #�Ririiad iiiiiit�ifcid ® �,� v♦ ♦ �� Q��a ��� �®� w iE ��YME�iw7 � a� Li Oft 11119WHAR Egg P�i�s�l e: � �ii@ iii+iSii: w �m � �f`® ��y♦gyp �'�,� ■L610�■�■■ ■ �tr��li�i-� ri�s � i ��d�ediddE9S�e� i'�iEd'3ii�idi didiilEiiiisi ■ ■roi �� �.�° � n�i:� �� ■rd Ild ti rr■ i�g■��■�Q�� �®��■��.�■��'� i■Li Ir��Is.�■ml ii � ��1�� � � ���i�"`��►`�" �� ■s ll�rt©������ �e����!!l���llf�,3i'��rr�'®Ilb°�►`lll�ar� �� ` �u������� � a����i+■ � ■°© ;� �<�s � ♦��'�.�' R� WN ♦�;®�■ � �� Q W, �D m �� �vr p , tea ® ■ gar ®e c� �,1�Pe ®��■ TA t�l® �Rr ''� ' ♦ ♦��it�1FG�1 ■ � � �� �� m �►� .d���i► �,� �u�Ga'rra�r�aQ � r■1� _� � �■ �� fit k . .. m i it � ���� ■® �■ ■ ■■ Sid:login! . .. ® �� Uziit _ . ii ■iil� s.■d�ry®y■i�■e��r�3■ &iii ■ter We � � �■ i g.6 =aw�.,rd.3�,�� ®'�� ��elf'��66��k?�lR�3`I� ■(t����i�lil�■■ � HIM�� W111I II Ro'IN icy ■!b'■ �'� � ■<s ���s�61% s■■�■■vr�+�i� r �Q� 'rEi■ ��! f■1 � ® > � : :rte, ; .�' , � � �®� �♦11� *I����yt���-��G$�'�j +��� -;�� �� �� ���.� yes� � M �' "� � ti �■ a. WN ALI P34 0 1 14 NOR- Eff IA�O " �` yam, � �1 Vicinity Item: Prelim Plat - Sahara Estates Map Applicant: Larry Seaman N File #: PP 10-002 SIROCCO D.R � . Q r 1V ' '� PALO VERDE CT T . SITE LIU r0 r � r HILLTOP DR jw Q � 1 ...� �•. br . _' . ; i. -Tim c sn r DESERT PL W = Land Item: Prelim Plat - Sahara Estates Use Applicant: Larry Seaman N Map File #: PP 10-002 S hool §N&N11t, Zoning Item: Prelim Plat - Sahara Estates Applicant: Larry Seaman N Map File #: PP 10-002 Q SIROCCO DR O� Cn a R-S- 1 DE CT R=S= 1 v 0 ° SITE o 0 W HILLTOP DR R=S= 1 o R=S= 1 N O DESERT PL PRELIMINARY PLAT' COMMUNITY ESTATES PORTION NWI(4 NE1�4 SE CT7ON 14 r. 9 N., N. 29 E., W.M. C17Y o PasC FRANKLIN COUNTY, NASH)NGTON s 89'39'11"E 2681.80' BURDEN BLVD. - - - - - - - _ - - NE CORNER SECTION 14 t9-29E) W.M. - - - - - J - 331.48' - FNb 51,11" f3'Fl3AR I 7N71/4 CORNER SECTION 14 (9-291) W,M. 1116 CORNER SECDON 14 (9-29E) W.M. I L/S 4108,E ND BRASS CAP PIE CDR NW1/4 NE 114 I I POSITION PER RECORD SLI17VEY 739 I A.F 1615077 I 1 I ` J J I 1 LEGEND t I s — EXIS PNG VNTTAM' SEWER 1 I EXISTING WATER LINE ro I rn4m FAST LINE OF THE W112 W1/2 �' HALEY E Tf;TE._� OF NE 114 SEC 17ON 14 (9-29E) J LOT 62 I LOT 52 I I LOT 65 LOT 6+4 1 LOX 63 1 1 I DESERT ROSE ESTATE-`3' p p I i - - - -- - -- - - - -— -- -- — —— — —— — — s 89'3x'42°E� 65461' I I I I j— � I 89' 8Ia ' , 89' 89' - 89' 89' 91, I l I J I I DESERT ROSE I ESTATES i J J 14 N N 1L 10 9 I LOT 9 I LOT 10 I LOT 11 � I 10,12 S.F. to.7)8 S.F. 10,.7->8 s.F. 10.758 S.F. 10,758 S.F. 1;17;'58 S.F. 11,432 s.F. f I I �.� - l. ! J I 1 R=14_ TYP. agg LO a IN _----- ----------_________-----_------_----- -- _-, �' _----_------'f --------------- `v r —� I- r ------ - _�-= «-- --- ----_---- ---- - - -----_- --L- �- ---------------------------------f --� �— 3 �- �_ y 20' SEWER L1NL^E5M'T s $ s s�b s s _ s _ _ s - r—�� 404123 ---- ----------_--_�__- I ---------- - --- ------A� -----92.314------_-- ---------SAHARA OR. - _- -------------------------------------------------- ►____-__- _------------------------------- -c� -- - - - A.F. 444422 �c 39?11+1 - __ -'� __- - ---------� v I _ - - -- - -- - -- - -- - -- - -- - - - - _ - - - - --- - -- - I /� �� Z P Ian I p i - 87' 87' I l DLSCR T ROSE ' ESTATES I LOT I I LOT 2 I LOT 3 1 � � r- / ` I I I 10,684 S.F. 10,OOt� S.F. 10,000 S F. 1 p, F. 1. tiQ� S.F. 10,000 S F. it 1, i - .• I I I I I q8 I I. I I •,,\ I L S 89347"£ 332,33' - - _ s3' _y <-87' 87' 87' 8:' 81' 97'' ._..:- -r - - - - ---- - -- -T- - ' N 89 33 40 W 6155.'06' ' I J I I I l I I I l l I I I l I l I I 1 I I I I 1/16 CORNER SECTION 14 ( --29E) W.M. SW CUR NW114 NE1 14 I I ► I,RIVERVIEW HEIGHTS] DIVISION 2 I P)D BRASS CAP I l I 1 J I I I 1 I I I ( I I 1 I 1 I I f 1 I 1 I I I I I I I J I I J LOT 1 ( I 1 ( I I I I I I LOT 2 !_nr .3 I LQT` 5. I 1 1 ! J I I I I J LOT 4 LOT 6 LOT % J I I I I I I LOT 9 I LOT 9 J LOT 10 f I I I 1 l I I I f I I J J I I I I I I I 1 I I I ( 1 I I 1 I I 1 VICINITY MAP J LAND OWNER LAND USE SUMMARY ",T S' SEAN x'40 LORRAINE FARGO 7 U C.�k AREA 4.4-5 ACRES 41921 W. MARGARET 5T; PASGCI, 4�',1 99301 TOTAL t r.15 14 SMALLEST LOT 10,000 S.F. � LARGEST LOT 11'-1.10 S.F. BURDEN BLVD LAIVrD DEVELOPER AVERAGE LOT SIZE 10,545 S.F. PROPOSED R/W 45.445 S.F. SINAI C7. LARRY M. SEAMAN COMM100( HOME' BUII_©ERS 808 1~ I ST AVE PROPOSED LAND USE KENNEWICK, WA 99336 lira �- RESIDENTIAL SrRROCU c�R. 40 0 40 80 120 a I LAND SURVEYOR IGRAPIUC SCALE - FFI;T' ti s fVUHARD S. RUSSUM 2 E114 CORNER S.ECTIOV 14 (9-290 W.M. CENTER SECTION 14 �9-.29E) W.M. WI�RLEY SU1 ►'EYrNG SERI IGE, INC., P.S. DATE' PREPARED; 6/213f2010 SAHARA DR. - N FND BRASS CAP IN G:><5E < } _ NOT r-7,107 P.O. 80X 6132 POSMON PEI? RECORD SURVU 739 121 S. ELY STREET HILLTOP OR: o A.F. 1615077 X{:NNEWIGK, WASNINCTON 99336 x 309--582-6716 I o-058 COMMUNITY r10M� BUILDERS PP