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HomeMy WebLinkAbout05-20-2010 Planning Commission Meeting Packet PLANNING COMMISSION — AGENDA REGULAR MEETING 7:00 P.M. May 20, 2010 I. CALL TO ORDER: II. ROLL CALL: Declaration of Quorum III. APPROVAL OF MINUTES: April 15, 2010 IV. OTHER BUSINESS: Election of Chairperson V. OLD BUSINESS: A. Special Permit Location of a Church in a R-3 Zone (Iglesia Evangelica Cristiana) (1215 W. Court Street) (MF# SP 10-011) B. Special Permit Dwelling units on the second floor of a commercial building in a C-1 Zone (Maria Victoria Galindo) (720 W. Lewis Street) (MF# SP 10-012) C. Special Permit Operate a truck/trailer and car sales lot in a C-3 Zone (Mike Young Equipment Locators) (114 N. Oregon Avenue) (MF# SP 10-014)(*Application withdrawn) D. Special Permit Operate a private bus terminal in a C-3 Zone (Griselda Lopez) (205 S. 4th Avenue) (MF# SP 10-0 15) VI. PUBLIC HEARINGS: A. Rezone Rezone C-1 to C-3 (Mike Young Equipment Locators) (114 N. Oregon Avenue) (MF# Z 10-002) VII. WORKSHOP: Lighting Ordinance VIII. OTHER BUSINESS: 2011 CDBG Process IX. ADJOURNMENT: REGULAR MEETING April 15, 2010 PLANNING COMMISSION MEETING CALL TO ORDER: The ineeting was called to order at 7:00 P.M. by Chairman Todd Samuel. POSITION MEMBERS PRESENT MEMBERS ABSENT No. 1 Todd Samuel, Chairman No. 2 James Hay No. 3 Andy Anderson No. 4 David Little No. 5 Joe Cruz No. e Vacant No. 7 Vacant No. 8 Jana Kempf No. 9 Carlos Perez APPEARANCE OF FAIRNESS: Chairman Samuel read a statement about the appearance of fairness for hearings on land use matters. Chairman Samuel asked if any Commission member had anything to declare. No declarations were made. Chairman Samuel then asked the audience if there were any objections based on a conflict of interest or appearance of fairness questions regarding the items to be discussed this evening. There were no objections. Chairman Samuel asked the audience if there were objections to any Commissioner hearing any matter. There were no objections. ADMINISTERING THE OATH: Chairman Samuel explained that State law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Chairman Samuel swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Hay moved, seconded by Commissioner Anderson, that the minutes dated March 18, 2010 be approved as mailed. The motion carried unanimously. OLD BUSINESS: -1 - A. REZONE Rezone C-2 to C-1 (Ziobro) (117 S. 5th Avenue) (MF# Z 10-001) Chairman Samuel read the master file slumber and asked for comments from staff. Rick White, Community & Economic Development Director, stated the item was a carryover from the March meeting application and as the Planning Commission had asked for additional information, staff asked that the hearing be reopened. Chairman Samuel asked for a summation of the new information within the report. Mr. White briefly explained the rezone request, the location of the site in question and re-explained the purpose of the C-2 zoning regulations. Mr. White explained the applicant's attorney had submitted a proposed concomitant agreement as a result of discussion at the initial hearing in March. The proposed agreement contained two condition; one precluding the operation of a night club and the other prohibiting alcohol use during dance hall hours of operation. Mr. White explained that the staff review of the rezone criteria had not changed from what was provided to the Planning Commission during the March hearing despite the submittal of the proposed concomitant agreement. The staff conclusions and recommendation remained unchanged from the previous meeting. John Ziobro, 1333 Columbia Park Trail, Suite 110, Richland, WA 99352, representing the applicant, Ms. Hernandez, provided some follow up comments on the Staff Report. Ms. Hernandez was proposing to use only 8,000 square feet of her building for the dance hall; not 18,000 square feet. Therefore the parking should be evaluated on the 8,O00 square feet. Chairman Samuel asked if the building was 18,000 square feet with the dance hall portion only being 8,000 square feet. Mr. Ziobro stated the Chairman was correct. Mr. Ziobro explained Ms. Hernandez had secured verbal agreement from an adjacent business owner for additional parking. Mr. Ziobro encouraged the Planning Commission to give no weight to police reports and old reports dealing with condition in the downtown area. Following additional discussion, Mr. White explained the Police Reports presented at the March hearing were not attached in the staff report. -2 - Mr. Ziobro provided the Planning Commission with five letters in support of Ms. Hernandez's personal and business character. A petition of support from nearby business owners was also provided. Delia Hernandez, 407 E. 4th Avenue, Kennewick, stated she received a lot of support from the community after the last hearing and wants to develop a full place for young people. Chairman Samuel opened the hearing for public comment. Delia Tabon, 419 East Bruneau Place, Kennewick, supported the dance hall as a place where young people can participate in their culture without drinking. Elizabeth Tabon, 1316 West Yakima Street, Pasco, supported the dance hall facility rezone without alcohol. Ramona Castro, 5120 Robert Wayne Drive, spoke of integrity, pride and the character of Ms. Hernandez. Mr. Ziobro stated he wanted the record to reflect there were about 50 additional parking spaces available on nearby sites. Chairman Samuel stated the applicant had requested more information on the police reports of crime activity at nearby businesses. Mr. White explained the applicant claimed the reports were not detailed and not relevant; hence they had been removed from the staff report. Chairman Samuel closed the hearing. Commissioner Cruz stated he appreciated staff's concern about preserving positive changes seen in the downtown area; however, he did not think the Commission had done the applicant justice. The matter needed to be returned to staff. Commissioner Anderson stated the applicant knew the property was zoned C-2 when it was purchased. The C-2 zone was created for a specific purpose and the property is part of the Central Business District. Allowing a dance hall on the property would not be consistent with zoning. Commissioner Hay stated he could only support the rezone with a time limit. Commissioner Cruz agreed with the idea of a time limit. Chairman Samuel thanked Ms. Hernandez for her support of the business community. The Chairman then explained that numerous times in the past 25 ,years the Planning Commission and the City Council had discussed what type of zoning would be appropriate for the downtown area. The policy that has been in place since the 1980's has specifically prohibited businesses like the applicant's -3 - proposed dance hall. Evidence and testimony has repeatedly indicated certain businesses contribute to the contribution of general disorder and are detrimental to the public image of the area. The Chairman stated he agreed with staff and urged the Planning Commission to vote not on the rezone. Commissioner Anderson moved, seconded by Commissioner Kempf, to adopt the findings of fact and conclusions therefrom as contained in the staff report. The motion passed with dissenting votes from Commissioner Hay and Commissioner Cruz. Commissioner Anderson moved, seconded by Commissioner Kempf, based on the Findings of Fact as adopted, the Planning Commission recommend the City Council deny a rezone of the property at 117 South 5th Avenue from C-2 to C-1 to allow for dance hall use. The motion passed with dissenting votes from Commissioner Hay and Commissioner Cruz. Staff explained the appeal process for the benefit of the audience. B. SPECIAL PERMIT Location of an Auto Body Shop in a C-3 Zone (Action Auto Services) (1900 block of N. 4th Avenue) (MF# SP 10-007) Chairman Samuel read the master file number and explained the proposed special permit had been reviewed during a public hearing in March. The Chairman asked if staff had any additional comments. Staff had no additional comments. Commissioner Little moved, seconded by Commissioner Cruz, to adopt findings of fact and conclusions therefrom as contained in the April 15, 2010 staff report. The motion passed unanimously. Commissioner Little moved, seconded by Commissioner Anderson, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council grant a special permit to Action Automotive Services for the location and operation of an auto body shop at 1948 N. 4th Avenue with conditions as listed in the April 15, 2010 staff report. Staff explained the appeal process for the benefit of the audience. C. SPECIAL PERMIT Location of a Community Health Clinic in a C-1 Zone (La Clinica Rural Health) (715 W. Court Street) (MF# SP 10-009) Chairman Samuel read the master file number and explained the proposed special permit had been reviewed during a public hearing in March. The Chairman asked if staff had any additional comments. -4 - Mr. McDonald, City Planner, indicated that as a result of discussion at the hearing, the recommended conditions include a prohibition against a driveway on Court Street. It was further pointed out that the applicant had redrawn the site plan for the proposed clinic to eliminate the driveway in question. Chairman Samuel asked staff to comment on parking concerns raised by the public during the hearing. Mr. McDonald stated the adjoining property owner raising the parking issues explained in his testimony that the parking situation had improved since the parking lot was constructed on the west side of 5th Avenue. Much of the complaint was about parking problems before the new parking lot was built. Mr. McDonald also stated an analysis of the parking lots had been completed and with the construction of the new building meets the minimum parking requirements. Commissioner Cruz moved, seconded by Commissioner Hay, to adopt findings of fact and conclusions therefrom as contained in the April 15, 2010 staff report. The motion passed unanimously. Commissioner Cruz moved, seconded by Commissioner Hay, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council grant a special permit to La Clinica for the location and operation of a Level-One Community Service Facility at 715 West Court Street with conditions as listed in the April 15, 2010 staff report. The motion passed unanimously. Staff explained the appeal process for the benefit of the audience. D. PRELIMINARY PLAT Preliminary Plat for West Pasco Terrace (Farm 2005, LLC) (Road 60 & Power Line Road) (MF# PP 10-001) Chairman Samuel read the master file number and explained the proposed special permit had been reviewed during a public hearing in March. The Chairman asked if staff had any additional comments. Mr. McDonald, City Planner, explained that as instructed staff met with the developer and the Engineering Department to review the issue of plat phasing, the size of the Road 60 irrigation lime and storm water ponds. Mr. McDonald then reviewed the changes in recommended plat approval condition. Condition # S was modified to allow the option of infiltration trenches and condition # 14 was modified to allow Road 60 to be built in two phases rather than one. Commissioner Anderson moved, seconded by Commissioner Little, to adopt findings of fact and conclusions as contained in the April 15, 2010 staff report. -5 - Commissioner Anderson moved, seconded by Commissioner Little, based on the findings of fact and conclusions, as adopted, that the Planning Commission recommend City Council approve a preliminary plat for West Pasco Terrace with the conditions as listed in the April 15, 2010 staff report. Staff explained the appeal process for the benefit of the audience. E. SPECIAL PERMIT Location of a Temporary Structure for sandblasting and painting in a I-1 Zone [Hancock Sandblasting and Painting] [900 N. Avery Avenue] [MF# SP 10-010] Chairman Samuel read the master file number and explained the proposed special permit had been reviewed during a public hearing in March. The Chairman asked if staff had any additional comments. Rick White, Community & Economic Development Director, explained that the hearing on the temporary structure was not closed in March because staff was asked to provide some additional information. That additional information was contained on page 2 of the staff report. It was explained that the role of the Planning Commission was to review the temporary structure and the role of the Building Official was to review the use within the structure. The International Building Code and International Fire Code contain the guidelines for the activities within the temporary structure. Mr. White briefly discussed the Findings of Fact and recommended approval conditions for the benefit of the Planning Commission. Don Gammell, 3292 W. Spearman Road, Hermiston, Oregon stated he found three structures like his being used in the Richland area. One of his competitors was using a temporary membrane structure for sand blasting and spray painting in the Richland/Hanford area. Mr. Gammell explained he just obtained a large contract at Hanford and if the project does not happen on the site in question it will happen at some other place. After three calls the Chairman closed the public hearing. Commissioner Hay moved, seconded by Commissioner Perez, to adopt the findings of fact and conclusions as contained in the April 15, 2010 staff report. Commissioner Hay moved, seconded by Commissioner Anderson, based on the findings of fact and conclusions therefrom, the Planning Commissioner recommend the City Council grant a special permit to Hancock Sandblast & Paint for the location of a temporary structure at 900 North Avery Avenue with the conditions listed in the April 15, 2010 staff report. Staff explained the appeal process for the benefit of the audience. -6 - F. SPECIAL PERMIT Location of a Church in a R-1 Zone (Iglesia Bautista el Calvario) (1341 W. Sylvester Street) (MF# SP 10-008) Chairman Samuel read the master file number and explained the proposed special permit had been reviewed during a public hearing in March. The Chairman asked if staff had any additional comments. Staff briefly answered questions on the need for storm water retention in the parking lot and other questions related to the parking lot. Commissioner Hay moved, seconded by Commissioner Kempf, to adopt the fuidings of fact and conclusions as contained in the April 15, 2010 staff report. Commissioner Hay moved, seconded by Commissioner Kempf, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Joe Franco for the location of a church (Iglesia Bautista el Calvario) at 1341 West Sylvester Street with conditions as listed in the April 15, 2010 staff report. Staff explained the appeal process for the benefit of the audience. PUBLIC HEARINGS: A. SPECIAL PERMIT Location of a Church in a R-3 Zone (Iglesia Evangelica Cristiana) (1215 W. Court Street) (MF# SP 10-011) Chairman Samuel read the master file number and asked for comments from staff. Mr. McDonald stated the application was for a special permit for an existing church located at the northeast corner of 13th Avenue and Court Street. A church has been on the site in question since 1930 according to the Franklin County records. In the 1960's a large addition was added to the original structure. Ownership has since changed and whenever a church is newly constructed, expanded, altered or a change of ownership occurs a special permit is required Mr. McDonald reviewed the balance of the written report of the benefit of the Planning Commission. It was also pointed out that the large parking lot north of the church is unimproved and lacks landscaping. Staff recommended approval of the Special Permit with conditions related to the parking lot improvements and lack of landscaping. Chairman Samuel called for the applicant to present their request. Mr. McDonald stated the applicant was not present. Chairman Samuel opened the public hearing and after three calls and no response the hearing was closed. -7 - Commissioner Cruz moved, seconded by Commissioner Perez, to close the hearing on the proposed church and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the May 20, 2010 meeting. The motion passed unanimously. B. SPECIAL PERMIT Dwelling units on the second floor of a commercial building in a C-1 Zone (Maria Victoria Galindo) (720 W. Lewis Street) (MF# SP 10-012 Chairman Samuel read the master file number and asked for comments from staff. Mr. White stated the application concerned a number of dwelling units located above the ground floor at 720 W. Lewis Street. The property has C-1 zoning and is located on the south side of Lewis Street between 7th Avenue and 6th Avenue. The use requested is identical to the current use on the upper floor of the building. A special permit was granted to the previous owner and ownership has since changed which prompted the need for a special permit for the current owner. The applicant was requesting a special permit for the 21 dwelling units on the non-ground floor of the structure. The initial staff finding of fact number three stated there are approximately 49 on-site parking spaces and staff corrected that to state 58 on-site parking spaces. Commissioner Little asked if there had been any undesirable activities in that location. Mr. White stated not to his knowledge. Maria Victoria Galindo, 7121 Valley View Place, stated she was applying for the special permit to continue the existing use. Chairman Samuel asked if she had plans to make any changes in the operation of her business. Ms. Galindo stated no it would stay the same. Chairman Samuel opened the public hearing. After three calls and no response, the hearing was closed. Commissioner Hay 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 schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the May 20, 2010 meeting. The motion passed unanimously. C. SPECIAL PERMIT Operate a truck-trailer and car sales lot in a C-3 Zone (Mike Young Equipment Locators) (114 N. Oregon Avenue) (MF# SP 10-014) -8 - Chairman Samuel read the master file number and asked for comments from staff. Mr. McDonald stated the application was to permit the sales of light trucks, car and associated trailer and light equipment sales in a C-1 zone. The municipal code allows vehicle sales in the C-3 zone, I-1 zones and C-1 zones only under certain conditions through the special permit process. It was explained that the site qualified for review through the special permit process for vehicle sales in a C-1 zone. The municipal code lists the special permit as retail automotive sales but interprets as vehicle sales. The property previously had been granted a special permit for vehicle sales. Through that process the prior applicant was required to make improvements to the site such as street improvements on Clark Street. Mr. McDonald pointed out tentative approval condition number two stated the special permit would be approved for light truck and small trailer sales and not heavy equipment or machinery. Mr. McDonald further pointed out that if the applicant intended to sell heavy equipment then perhaps he should apply for a rezone instead of a special permit. Staff could recommend this site be granted a special permit for heavy equipment sales. Commissioner Cruz questioned the difference between a small tractor and heavy equipment. Mr. McDonald stated typically the vehicles that are found in the auto park are examples of the types of vehicles that fall under the special permit process. They do not include of tractors of any kind. If the applicant prefers to sell tractors he should apply for a rezone. Chairman Samuel asked if the PMC contained a definition on Heavy equipment. Mr. McDonald stated no. Chairman Samuel stated who would determine the definition. Mr. McDonald stated staff is charged with the administration of the zoning regulations and would make the determination or interpretation. If the applicant disagreed with staff he could appeal to Hearing Examiner. Chairman Samuel asked the applicant to explain his intent for the special permit. Mike Young, 4003 W. Sylvester Street, stated he was a Pasco native and had recently returned to the area. He was employed in the equipment sales business for many years and desired to open a facility on Oregon Avenue. Mr. Young explained that staff did not understand what heavy equipment was. His oppion was different than Mr. McDonald's. -9 - Chairman Samuel asked staff for any comments prior to opening the public hearing. Mr. McDonald stated he did meet with Mr. Young and was under the impression Mr. Young would be selling light trucks with associated equipment (trailers). Staff could not recommend approval ofthe applicants request to sell heavy equipment due to the C-1 zoning. It would be appropriate in a C-3 zone but not a C-1 zone. Chairman Samuel asked if the property was zoned C-3 would the applicant have to apply for a special permit. Mr. McDonald stated no. Commissioner Cruz asked for an explanation of the process for a zone change. Mr. McDonald explained the process. Chairman Samuel asked staff if they have had issues with applicants having difficulty knowing what heavy equipment was. Mr. McDonald stated no. Chairman Samuel questioned the general concern for not having heavy equipment in the C-1 zone. Mr. McDonald explained the differences between C-1 and C-3 zoning and the compatibility problems created by mixing heavy equipment with professional offices. Chairman Samuel questioned the length of time the site and surrounding area had been zoned C-1 and C-3. Mr. McDonald stated at least the past 25 years. Following additional discussion on the application process and timeframes involved with rezones Chairman Samuel opened the public hearing. Bill Young, 4003 W. Sylvester Street, stated his concern for clarification of the definition for heavy equipment. He also mentioned concern about the location of the proposed overpass on Lewis Street. Chairman Samuel called for public input and after three calls the public hearing was closed. Commissioner Cruz stated a rezone was the logical course of action for this applicant and encouraged staff to expedite the process to the extent practical to help address the difference of opinion. -10 - Commissioner Anderson agreed with Commissioner Cruz and asked if the appropriate avenue would be for the applicant to withdraw the special permit request. Mr. McDonald stated yes. Commissioner Little questioned if this item should be tabled. Mr. White stated it would be appropriate to move forward with this item and if the applicant chooses to withdraw then staff would proceed in the appropriate fashion. Commissioner Cruz moved, seconded by Commissioner Anderson, to close the hearing on the proposed automobile and equipment sales business and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the May 20, 2010 meeting. The motion passed unanimously. D. SPECIAL PERMIT Operate a private bus terminal in a C-3 Zone (Griselda Lopez) (205 S. 4th Avenue) (MF# SP 10-015 Chairman Samuel read the master file number and asked for comments from staff. Mr. McDonald explained the application and stated private bussing operations, van companies and park-n-ride lots require a special permit prior to locating in the city. McDonald explained that a number of private transportation companies have been granted special permits in the past. The proposed bus service provides transportation between Milton-Freewater and Yakima with connections south to California. Most of the operations consist of utilizing fifteen passenger vans, which run daily with stops in Walla Walla, College Place, Pasco, Grandview, Sunnyside, etc until they reach Yakima. Passengers are then transferred to a larger bus, which then continues to the south. The van only stops in Pasco if passengers are being picked up or dropped off at the Pasco location. Their peak season normally is during the agricultural harvest season. The proposal is similar to previous special permits granted in the city. Mr. McDonald reviewed the balance of the written report fo the benefit of the Planning Commission. Chairman Samuel asked for comments. Commissioner Little mentioned the site located that was approved on Sylvester Street and repairs work that was also done on the site. Chairman Samuel asked for comments from the applicant. Betsy Vance, 722 Canyon, Richland, WA stated she was the property owner and does not own the business. -11 - Chairman Samuel asked Ms. Vance if she was representing the applicant. Ms. Vance stated she has never met the applicant in person however as the property she shared her experience with the tenants of the building. Chairman Samuel opened the public hearing, after three calls there was no response. He stated it was unfortunate the applicant was not present and was concerned if the applicant was agreeable to the condition related to the size of the passenger vans/busses. Commissioner Hay suggested the matter be tabled to allow the applicant to attend the hearing. Commissioner Little was in favor of tabling the item Commissioner Hay asked if Mr. McDonald would notify the applicant of their request. Commissioner Hay moved, seconded by Commissioner Anderson, to table this item until the May 20, 2010 meeting to allow the applicant to attend the hearing. The motion passed unanimously. WORKSHOP: Mr. White explained staff was beginning work on updating the outdoor lighting ordinance. Mr. White discussed the background on the exiting ordinance and how the Tri-cities benefitted from a dark sky ordinance passed in the early 1970's due to an observatory that was being used in the area. The observatory asked each city to provide night protection from lighting. Since that time Richland and Kennewick have addressed the issue with light spillage to adjacent properties, which Pasco's generic ordinance does not. The goal is to lay it out in written form, have the Planning Commission look at light nighting for a month, and resume conversations in May for further discussion. Commissioner Cruz mentioned lighting was an issue addressed with special permits. Chairman Samuel questioned the cost impact for this. Mr. White stated from firsthand experience there are costs associated with shields, review time. Generally, the cost is relatively small in terms of the overall community impact. For a very small upfront cost in terms of installing shields or buying the right light fixture, you can make a significant impact on light trespass. Chairman Samuel questioned if they were to implement a change to the lighting standard would it increase costs to a builder by what percent and how would that be determined. -12 - Mr. White stated approximately less than 1/2 of 1% of a project. Commissioner Little stated there currently is an observatory at Columbia Basin College. Chairman Samuel asked if this would be on the May Planning Commission agenda. Mr. White stated ,yes. Mr. White mentioned a short course available for the Planning Commissioners to attend on Thursday, April 29, 2010. Chairman Samuel questioned if there are new Planning Commissioners being appointed. Mr. White stated yes. Mr. Hay and Mr. Samuel were both reappointed. OTHER BUSINESS: With no further business, the Planning Commission was adjourned at 9: 15 pm. David McDonald, Secretary -13 - REPORT TO PLANNING COMMISSION MASTER FILE #: SP 10-011 APPLICANT: Antonio Murillo HEARING DATE: 4/15/10 1215 W. Court Street ACTION DATE: 5/20/10 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a church (Iglesia Evangelica Cristiana Espiritual) in an R-3 (Medium Density Residential) Zone 1. PROPERTY DESCRIPTION: Legal: Lots 1 to 7, Block 1 Church Addition General Location: 1215 W. Court Street Property Size: Approximately 1.3 acres 2. ACCESS: The site has access from West Court Street and 13th Avenue. 3. UTILITIES: All municipal utilities currently serve the site. 4. LAND USE AND ZONING: The site is zoned R-3 (Medium Density Residential) and contains a church. The zoning and land use of the surrounding properties are as follows: NORTH - R-3 - Multi-family residences (4-Plex's) SOUTH - R-1 - Pasco High School EAST- R-3 - Church and commercial strip center WEST- C-1 & R-1 - Single family residences, an office and a drive-in restaurant 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for commercial uses. Policies of the Plan encourage compatibility between land uses and harmony between existing and proposed development. The plan does not specifically address churches, but various elements of the plan encourage adequate provision of off-street parking and situating businesses in appropriate locations for their anticipated uses. Policies of the Plan also encourage the location of facilities for educational and cultural activities in the city. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, city development regulations, and other information, a threshold determination resulting in a Determination of Nan-Significance (DNS) has been issued for this project under WAC 197-11-158. ANALYSIS The applicant is seeking a special permit to allow operation of a church on a site which has been occupied by a church since the 1930's. A large addition along Court Street was added to the church in 1960. The property in question is located at the northeast corner of Court Street and 131h Avenue and is approximately 420 feet long and 135 feet wide. The first 250 feet north of Court Street are developed with church buildings and landscaping. The northern 170 feet of the site contains an unimproved gravel parking lot. The main access to and from the site is on 13th Avenue. A 10-foot wide alley runs north and south along the east side of the property. The alley is not paved. The parking lot is about a half acre in size and is capable of providing space for 60 to 70 vehicles. Seventy parkhig spaces translates to a sanctuary with a seating capacity of 280. To staff's knowledge there has not been a problem pertaining to off-street parking on the site. The northern portion of the parking lot appears to be regularly used by residents of the multi-family dwellings to the north. The parking lot is not paved at the present time and does not contain on-site drainage facilities. The Planning Commission has made it a regular practice of requiring older church properties within the community to include parking lot paving and landscaping when special permits are applied for. Typically churches located in or beside residential neighborhoods have also been required to include a landscaped buffer between the street sidewalk and the church parking lot. This helps maintain the residential character of the neighborhoods and moderates the impacts of large asphalt surfaces. Churches are typically located in or adjacent to residential Zoning districts of the city. The operation of churches generates very few complaints from adjoining property owners. The existing church property has generally been well maintained over the ,years. FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Churches are unclassified uses and require review through the special permit process prior to locating or expanding in any zoning district. 2. The proposed church site is zoned R-3 (Medium Density Residential). 3. The proposed site is located on the north side of Court Street; Court Street is designated as an arterial street. 4. The main access to the church parking lot is from 13th Avenue. 5. Public infrastructure improvements currently surround the site. 6. The proposed site has been developed with church facilities since 1930. The main sanctuary was added in 1960. 7. Churches are often located in or near residential zoning districts within Pasco. S. The parking lot is unimproved; lacking both hard surfacing and drainage facilities. 9. There is no landscaping within the parking lot or between the parking lot and 13th Avenue. 10. Single-family houses are located directly across 13th Avenue from the church parking lot. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT The Planning Commission must make findings of fact based upon the cr-iteria listed in P.M.C. 25.86.060. The cr-iteria and staff listed findings are as follorus: 1 j Will the proposed use be in accordance ruith the goals, policies, objectives and text of the Comprehensive Plan? Policy LU-2-B encourages the support of facilities for educational and cultural activities. 2) Will the proposed use adversely affect public infr-astr-ucture? The proposed use will have a minimal impact on public infrastructure. A church has been located on the site for 80 ,years. Churches are generally used for a few hours on Sundays and during the evening in the middle of the week. 3) Will the proposed use be constructed, maintained and operated to be in harmony with the existing or intended character- of the general vicinity? The church has been located on the site for 80 ,years. The surrounding neighborhood developed after the church was established on the site. The church has coexisted in harmony with the neighborhood for many ,years. Churches are typically located in or near residential areas and add to the character of the general vicinity in which they are located. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair- the value thereof? The location and height of the existing church has not discouraged the development of permitted uses on surrounding properties. The presence of churches in residential neighborhoods in other parts of the community has not discouraged potential residential development or impaired the value of residential properties. 5) Will the operations in connection ruith the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than xuould be the operation of any permitted uses ruithin the district? Historically, churches are used infrequently, generally two or three days per week and generate traffic during off peak times such as on Sunday mornings and a couple of evenings during the week. It is estimated that a 7,000 square foot church could produce 9.8 vehicle trips per day on weekdays and 256 vehicle trips on Sundays. By way of comparison, if fully developed to the maximum R-3 density the site would generate 120 vehicle trips every day. Using those estimates from the ITE Trip Generation Manual, the proposed church would produce 37% less traffic than if the site were to be developed residentially. The current unimproved parking lot could be a source of dust in the neighborhood. Unimproved parking lots also add to the collection of rocks and dirt in city streets, which ends up in street drainage systems. This objectionable condition can be remedied by causing the church parking lot to be paved. 6) Will the proposed use endanger- the public health or safety if located and developed where proposed, or in any xua y xuill become a nuisance to uses permitted in the district? Churches are generally accepted uses in or near residential neighborhoods. Past history of church operations within the city has shown they do not endanger public health or safety. RECOMMENDED APPROVAL CONDITIONS 1) The special permit shall be applied to Lots 1 to 7, Block 1, Church Addition; 2) The parking lot must be hard surfaced, striped and contain drainage on site; 3) The parking lot shall be landscaped to meet the commercial parking lot standards of PMC 25.75; 4) The first 10 feet of the parking lot along 13th Avenue must be irrigated and landscaped with live vegetation; 5) The special permit shall be null and void if a City of Pasco building permit for the parking lot is not obtained by June 30, 2011. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the May 20, 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 Iglesia Evangelica Cristiana Espiritual for the location of a church at 1215 West Court Street with conditions as contained in the May 20, 2010 staff report. Item: Special Pen-nit - Church in R-3 Vidn'tY App lic Iglesia Evangelica N Map p File # : SP 10-011 ASTO R (!AY a, ,t ;,IL4F' Aj fA 1 r W r �� M C'OU'RT ST "` SITE Land Item : Special Pen-nit - Church in R-3 ' Use Applicant: Iglesia Evangelica N Map File # : SP 10-0 11 I ASTOR WAY L � j SFDU 's � �_ SFDU S SFDU s Multi -Family, P 1UUUj W RUBY ST � a MF W Commercial Commercial m COURT ST R3]- SITE High Grade School School Zoning Item: Special Pen-nit - Church in R-3 Applicant: Iglesia Evangelica N Map File #: SP 10-011 ASTOR WAY R-1 R-1 R-1 R-3 R-3 W W wu RUBY ST � Q R_3 W C -1 � a C-1 C-1 Tm COURT ST 7R-3 SITE R_1 t� - L Lml REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 10-012 APPLICANT: Maria Galindo HEARING DATE: 4/ 15/10 720 W. Lewis Street ACTION DATE: 5/20/10 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of dwelling units on the second floor of a building within a C-1 zone 1. PROPERTY DESCRIPTION: Legal: Lots 3-12, Block 23, Gerry's Add & Lots 6- S, Block 1, Pettits Add. General Location: 720 W. Lewis Street Property Size: 167' x 160' or 26,954 square feet 2. ACCESS: The site has access from West Lewis Street. The alley in Block 23, Gerry's Addition forms the southern boundary of the site and 7th Avenue is located to the west. Although abutting these two rights-of-way the current site layout does not access these rights-of-way. 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 three buildings in a 2-story motel complex converted to office spaces, now known as the West Lewis Street Business Park. Surrounding zoning and land use are as follows: NORTH- C-1 - service station, a motel and an office building SOUTH- C-1 & C-3 - contains two warehouse buildings and a muffler shop EAST- C-1 - commercial WEST- C-1 - Grigg's variety store 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. This Plan also suggests that residential use should be in close proximity to the downtown area to support the service related business of the core. 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 dwelling units on the second floor of a commercial/office building. 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. This complex of three buildings was originally constructed as a two-story motel with restaurant, however, that use has ceased. The complex has since been used as a business incubator. The previous owner purchased and remodeled the ground floor of the building into office spaces, known as the West Lewis Street Business Park. The previous owner obtained a special permit to establish up to 21 dwelling units on the second floor and allow only tenants renting space on the main floor or employees of the owner to occupy these dwelling units. In the C-1 zone, a building may be used as a motel (short-term occupancy) or a commercial/office building. Motel/hotel use requires a state license, which enables the State of Washington to collect taxes on transient rental income. According to the Washington Department of Revenue, "transient rental income is income received from any guest, resident, or other occupant to whom lodging and other services are furnished under a license to use real property for less than 30 continuous days." However, for long-term residential use the applicant must obtain a special permit, obtain a City of Pasco rental dwelling license, and residential units may not be located on the ground floor. 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 is developed with a 2-story building. 3. The site has approximately 58 on-site parking spaces. 2 4. The building was initially designed and used as a motel. 5. The building was subsequently converted to a business incubator with office/retail spaces. 6. Office, retail, and motel uses may all be located in C-1 zones. 7. Hotel/motel occupancy is considered transient rental and is subject to State of Washington transient rental income taxes. 8. Residential uses other than short-duration hotel/motel occupancies are allowed in commercial zones only with a special permit and only above the first floor. 9. No zoning change is being considered; the property will remain C-1 zoned. 10. A previous owner obtained a special permit for up to 21-dwelling units on the second floor. 11. The current applicant has applied for a special permit to continue the existing use with the same configuration as the previous owner. 12. The previous special permit was personal to the applicant. 13. The previous special permit required the residential tenants to vacate within 30 days upon termination of the ground-floor business activity. CONCLUSIONS BASED ON 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 folloaus: 1) Will the proposed use be in accordance ruith 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? 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 demands of a greater intensity than this proposal will place upon the systems. 3) Will the proposed use be constructed, maintained and operated to be in harmony ruith existing or intended character-of the general vicinity? 3 The majority of the site will be utilized for permitted office/commercial activities. 4) Will the location and height of proposed structures and the site desigli. discourage the development of permitted uses on property in the genera I 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 xuith the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing rights than ruould be the operation of any permitted uses xuithin 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 and other permitted uses. The proposal is very similar to motel activities, which is a permitted use in this district. 6) Will the proposed use endanger- the public health or safety if located and developed where proposed, or in anyway ruill 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. RECOMMENDATION MOTION: I move to adopt findings of fact and conclusions therefrom as contained in the May 20, 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 Maria Galindo to maintain dwelling units on the 2nd floor of a building located at 720 West Lewis Street with the followuig conditions: 1) The special permit is personal to the applicant; 2) A maximum of twenty-one (21) dwelling units on the second floor shall be permitted; 3) If the business activity ceases on the main level, the residential uses must be vacated within 30 days followuig the date the ground floor business activity ceased; 4 4) The special Permit shall be null and void if a City of Pasco rental dwelling license is not obtained by September 3, 2010. 5 Item: Special Permit - Res . in C- 1 Zone Vicinity App lic Marla Galindo Map p File # : SP 10-012 do F ►` S .7 • , d' ...���sss 003 I,,, - R . 7 Land Item: Special Permit - Res . in C- 1 Zone Use Applicant: Maria Galindo N ap File # : SP 10 -012 � C%- CP oA / L 9 Zonin Item: Special Permit - Res. in C- 1 Zone g Applicant: Maria Galindo N Map File #: SP 10-012 CA 74 Tk CA G�p,R A C,.3 , G,1 VIN REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 10-014 APPLICANT: Mike Young, Equipment HEARING DATE: 4/15/10 Locators Company ACTION DATE: 5/20/10 4003 W. Sylvester St. Pasco, WA 99301 WITHDRAWN REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 10-015 APPLICANT: Griselda Lopez HEARING DATE: 4/15/10 & 5/20/10 516 S. 6th Street ACTION DATE: 6/17/10 Yakima, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a private bus terminal (Fronteras Travel) (Griselda Lopez) (2 05 S. 4th Avenue) 1. PROPERTY DESCRIPTION: Legal: Lots 13-17, Block 19, Gerry's Addition General Location: 205 S. 4th Avenue Property Size: 14,300 square feet 2. ACCESS: The site is adjacent to South 4th Avenue. 3. UTILITIES: Water and sewer services are located in the alley to the east. 4. LAND USE AND ZONING: The site is currently zoned C-3 (General Business) and is vacant. Surrounding zoning and land uses are as follows: NORTH- C-2- Farmer's market parking lot SOUTH- I-1 - Vacant EAST- C-3 & C-2 - Commercial/old motel WEST- I-1 - Golden Nugget nightclub 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for commercial uses. The Comprehensive Plan (Goal TR-2) encourages efficient use of multi-modal transportation systems, which would include bus and van services for residents. 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 A private van/bus service has been operating at 205 S. 4th Avenue for approximately two ,years without the benefit of a City business license. This business was recently sold to a new owner. The new owner applied for a business license and was informed by staff that a license could not be issued for the van/bus services until a special permit had been granted for the site. Pasco Municipal Code Section 25.86.020 lists the applicant's van/bus business as an unclassified use requiring special permit review before locating in the city. This request is similar to other private bus service applications that have been reviewed by the Planning Commission in the past. Private bus/van services have operated with special permit approval at 115 N. 4th Avenue, 1320 N. 41h Avenue, 702 W. Lewis Street and 1011 W. Sylvester Street. There is also a bus/van service (Estrella Blanca) operating from the Pasco Multi-Modal Terminal on North 1St Avenue. The special permit application for proposed van/bus service indicated scheduled service at 205 S. 4th Avenue, including one arrival and one departure per day, seven days a week. The departing van leaves the site at 7:00 a.m. and the arrivals occur at 7:00 p.m. The applicant further emphasized to staff that the scheduled arrival and departures are the Company's advertized schedule. If no tickets have been sold, no stops are made in Pasco. During the winter months when ridership is down vans do not arrive or depart from the site on a daily business. Occasionally, during the height of the season, Fronteras Travel uses a 25-passenger buses or 51-passenger buses to provide service through Pasco. Fifteen passenger vans are the primary vehicles used in the service. No changes to the site or building are planned as a result of the bus service to and from the Fronteras Travel office at 205 S. 4th Avenue. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. 1. The site is located in a C-3 (General Business) zone. 2. The site is located at 205 S. 4th Avenue. 3. There is currently a van/bus ticket office located at 205 S. 4th Avenue. 4. The applicant has plans to continue to operate a regularly scheduled van/bus service from an existing ticket office at 205 S. 4th Avenue. 5. Scheduled departures will occur at 7:00 a.m. every day of the week. b. Scheduled arrivals will occur at 7:00 p.m. every day of the week. 7. The applicant indicated their vehicles include 15-passenger vans, 25- passenger buses, and 51-passenger buses. 8. Fifteen passenger vans are the primary vehicles used in the proposed van/bus service. 9. Private operator carriers, charter or transit buses, vans and similar businesses are listed as unclassified uses in PMC 25.86.020. 10. Unclassified uses require review through the special permit process before locating in the community. 11. Private bus companies have been permitted by special permit to locate in other commercial zoning districts on N. 4th Avenue, Lewis Street and Sylvester Street. 12. No alterations are planned for the office or site. 13. The site has a small on-site parking area that can be used for passenger loading and unloading. 14. The on-site parking and loading area is shared with a wholesale produce business. 15. The wholesale produce business utilizes large trucks for receiving and delivering produce. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit, the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: 1 j Will the proposed use be in accordance ruith the goals, policies, objectives and text of the Comprehensive Plan? The site is designated by the Plan for commercial uses. The Plan also encourages the efficient use of multi-modal transportation systems. Bus and van services would be considered part of the multi-modal transportation system. 2) Will the proposed use adversely affect public infrastructure? The site is developed with all municipal utility services. No building additions or alterations are planned that would increase demands on the utility system. Fourth Avenue is a designated arterial street and has been constructed to arterial street standards to carry more traffic and heavier loads as compared to local access streets. The addition of a van or bus on 4th Avenue at off peak 3 travel times is not anticipated to generate significant demands on the surrounding street system. 3) Will the proposed use be constructed, maintained and operated to be in hormony xuith existing or intended character- of the general vicinity? The intended character of the area includes the development of various commercial enterprises. The proposed use is a commercial activity. No changes to the building or site are planned as a result of the proposed van/bus service. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair- the value thereof? The location and height of the structures on-site will not change as a result of the proposed van/bus service. The property will continue to be used for commercial purposes. 5) Will the operations in connection ruith the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than tuould be the operation of any permitted uses ruithin the district? The proposed van/bus service will not create noise, vibrations, and fumes in a quantity unlike those of a permitted use in the C-3 district, such as the semi- trucks and delivery trucks used by the produce business located on the site. 6) Will the proposed use endanger- the public health or safety if located and developed where proposed, or in anyway xuill become a nuisance to uses permitted in the district? The on-street parking area directly in front of 205 South 4th Avenue is about 37 feet long, not long enough for a standard 51-passenger bus. On-street parking of a passenger bus along with the loading and unloading of passengers and luggage on a public sidewalk may lead to the creation of a nuisance situation twice a day. This problem can be resolved by requiring all buses and vans to load and unload on private property. However, a 51-passenger bus may have difficulty negotiating the confined parking area between the buildings on the site. This problem becomes more acute when semi-trailers and large delivery trucks are parked on the site. 4 RECOMMENDED APPROVAL CONDITIONS 1. The special permit shall be personal to the applicant. Scheduled bus service shall be limited to one arrival and one departure per day. 3. No van loading shall occur on 4th Avenue or Columbia Street. 4. Vans must enter 4th Avenue from the site without backing across the sidewalk. 5. No 25-passenger buses or 51-passenger buses are permitted at the site. 6. The applicant shall maintain all necessary governmental approvals and licenses required for the operation of a bus transportation business. 7. The special permit shall be null and void if a City of Pasco business license is not obtained by July 6, 2010. RECOMMENDATION MOTION for Findings of Fact: I move to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the June 17, 2010 meeting. 5 • Item: Special Pennit - Bus Ten-ninal Vicinity Applicant: Griselda Lopez N Map File # : SP 10-015 tr �r� ore S - r - SITE . Zoning Item : Special Permit - Bus Terminal Applicant: Griselda Lopez N Map File # : SP 10 -015 C=2 C=2 C=3 - C 2 C=2 C-1 o��Me�PS C-3 SITE Z. Land Item : Special Permit - Bus Terminal Use Applicant: Griselda Lopez N j Map File # : SP 10 -015 � 01 Commercial 117 SITE ,��� ✓� \ `�� . Industrial } _ 9 Y - d vi AV -moomr;lIc TAN- REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 10-002 APPLICANT: Mike Young HEARING DATE: 5/20/2010 4003 W. Sylvester Street ACTION DATE: 5/20/2010 Pasco, WA 99301 BACKGROUND REQUEST: REZONE: Rezone two parcels from C-1 (Retail Business) to C-3 (General Business) 1. PROPERTY DESCRIPTION: Legal: The northwest 1/4 of the southeast 1/4, Section 29, Township 9 North, Range 30 East, W.M. General Location: 114 North Oregon Avenue Property Size: 19,375 square feet or 0.45 acres 2. ACCESS: The property has access from an unimproved portion of Clark 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 a car sales lot, an office and two accessory structures. Surrounding properties are zoned and developed as follows: NORTH- C-3 - Retail auto parts sales SOUTH- C-1 - Gas station/convenience store EAST- C-1 - Vacant lots/residential dwellings WEST- C-1 - Residential dwellings 5. COMPREHENSIVE PLAN: The Plan designates this site for Industrial uses. The site is adjacent to Oregon Avenue which is the dividing line between Industrial and Commercial Comprehensive Plan land use designations. In this respect, the site is located in a transition area between two land use designations. Policy LU-4-B encourages planning for commercial centers that promote functional and economic marketing operations. The Oregon Avenue corridor has developed as a heavy commercial/industrial service area, with trucking firms, industrial supply companies, heavy equipment rentals, and heavy equipment sales and services. The proposed zone change would allow uses that would be consistent with the Plan. 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 located within the Oregon Avenue corridor. This area of the community has developed as an uidustrial/heavy commercial service center for Franklin County and surrounding areas. Almost all of the properties along Oregon Avenue have been zoned C-3 or I-1. These zoning classifications have permitted the development of numerous heavy equipment sales and service facilities ranging from heavy earth moving equipment and farm implements to bobcats and forklifts. Additionally there are several major trucking firms located along Oregon Avenue as well as a variety of industrial supply businesses. Almost all of Oregon Avenue and all of the Frey's Addition north of Clark Street are zoned C-3. The balance of the Oregon Avenue corridor is zoned I-1; the exceptions being two parcels zoned I-2 and two and a half blocks at Lewis and Oregon that are zoned C-1. The Comprehensive Plan designates lands west of Oregon Avenue and south of Lewis Street for industrial uses and the Frey's Addition for commercial uses. The proposed zone change will allow uses that are consistent with the established character of Oregon Avenue and will support Plan Policy LU-4-B that encourages the concentration of businesses that are functionally and economically beneficial to being located together. The site was originally developed with an industrial shop building. In the late 1980's the building was razed and the site cleared of all debris and improvements. The site remained vacant until 2002 when a special permit was approved authorizing the site to be used for car sales. Since 2002, activities on the site have included auto part sales, auto repair, auto accessory installations, and a business office for a trucking firm and taco truck. All business activity ceased on the site approximately two ,years ago. 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: Cur-r-ent zoning classification ruas establisher)pr-ior to 19 8 0. 2. The changed conditions, which are alleged to warrant other or additional zoning: The Oregon Avenue corridor- has developed over the past 20 plus gears as a heavy commercial/industrial service area containing heavy equipment sales and sert,ice facilities, industrial suppliers, machine shops, large trucking firms and other businesses all catering to the needs of the regional agricultural and industrial uses. The proposed rezone ruill alloru uses consistent xuith development in the area. 3. Facts to justify the change an the basis of advancing the public health, safety and general welfare: The proposed rezone is consistent xuith the Comprehensive plan which ruas adopted in part to further- the public health, safety and general xuelfare of the community. Historically, uses of the site have been most compatible ruith the proposed C-3 zoning classification. C-3 type uses on the site, such as auto and truck sales, have not negatively impacted the neighborhood. 4. The effect it will have on the value and character of the adjacent property and the comprehensive plan: Oregon Avenue has seen an increase in the development of C-3 and I-I uses over- the past 20 years. In recent gears a trucking firm has located directly to the north of the site in question. The proposed rezone is consistent xuith Comprehensive Plan policy LU--4-B that encourages the concentration of businesses that are functionally and economically beneficial to being located together. The expansion of the C-3 zone is anticipated to foster- further- commercial development in the immediate vicinity. S. The effect on the property owner or owners if the request is not granted: Denial of the requested zone change ruould restrict the site to loru-intensity retail businesses not typically part of the heavy commercial/industrial mix of businesses which support each other- along Oregon Avenue. 6. The Comprehensive Plan land use designation for the property: The Comprehensive plan shoxus the site to be on the edge of an industrially designated area adjacent to a commercially designated area. This site could be described as being in an area of transition between two land use designations. Because the Comprehensive plan is a general guide for future development, sites xuithin a land use transition area have been afforded the option by the planning Commission to be zoned under- either- land use category. In this case either- industrially or commercially. 3 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 comprised of two parcels. 3) The site is zoned C-1 (Retail Business). 4) The site is approximately 19,375 square feet (0.45 acres). 5) The site is located in the Oregon Avenue Corridor. e) The Comprehensive plan designates the site for Industrial uses. 7) The proposed site is located in an area of land use transition within the Comprehensive Plan. 8) The Oregon Avenue Corridor has developed over the past 20 ,years with a variety of heavy commercial and industrial land uses. 9) The site was originally developed with an industrial shop building. 10) The Oregon Avenue Corridor north and south of the site is almost exclusively zoned I-1 and C-3. 11) In 2002 a special permit was granted allowing the site to be used for automotive sales. 12) The site contains an office and accessory structure previously used for auto sales and repairs. 13) 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 industrial uses. Typically sites located on the border- of a Comprehensive Plan land use designation have been allotted some degree of latitude as to which designation, and subsequent zoning, may be assigned. In this ruog the proposal is consistent xuith the Plon. (2) The effect of the Proposal on the immediate vicinity will not be materially detrimental. 4 Rezoning the site ruould alloxu greater- consistency betrueen zoning on the site and current development on Oregon Avenue. Oregon Avenue has seen an increase in development of C-3 anti T1 uses over- the past 20 gears. Rezoning the site tuou ld be consistent xuith the Comprehensive Plan and xuou ld further- help support of uses that are functionally acid economically compatible. The expansion of the C-3 zone is anticipated to foster- further- commercial development in the immediate vicinity. (3) There is merit and value in the proposal for the community as a whole. Rezoning the site to C-3 tuill alloiu greater- ease for- utilization of the site under- its current condition considering the surrounding uses. Allowing the site to support heavy commercial business has merit to the community as a whole by avoiding the site becoming vacant. Vacant businesses detract from the appeal of on area to prospective developers and business otuners. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. With su rrou riding properties designa ted in the Co mprehensive Pla n for Indus tria l and commercial uses, 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 May 20, 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 site from C-1 (Retail Business) to C-3 (General Business). 5 . . Item: Rezone - C- 1 to C-3 Vicinity Applicant: Mike Young Equipment N Map . File # : z 10-002 'Ole ,X-�, C4 v Avis }�r�'.�.,. , .,+y, 4 WWI Ak �yw • Z �.• / 92 - � � A ' SITE 1A -�, `" ms's � 7 � � `� �r,` ° � �"'•w ^� 2 Vol- ° Vla 000 IL AP ilk -000* Land Item: Rezone - C- 1 to C-3 Use Applicant: Mike Young Equipment Map File # : Z 10-002 71 , Mixed ;�� . Industrial `, Mixed Comm . , Comm . i a Re � '� Q ,Zv�sl �e ............- SITE Vacan \ �' 9 �s � -� Mixed , " Park �� %;�Sg- � OMME \ 7 ` : Zoning Item: Rezone - C- 1 to C-3 Applicant: Mike Young Equipment N Map File #: Z 10-002 0 NEV���Es�c 7y0 C_3 � N C'3 74 C-3 W o 'a � z oy C'1 Z SITE z 7, C-1 , 7, �G MEMORANDUM DATE: April 2, 2010 TO: Planning Commission FROM: Rick White, Director Community & Economic Development SUBJECT: Pasco's Lighting Ordinance (Section 12.32 PMC) The purpose of this brief is to bring the issue of night sky protection (commonly known as a "dark sky" ordinance) to the Planning Commission for discussion and consideration. Once that discussion is concluded, the Planning Commission should provide direction to staff for further consideration or for revisiting this issue at a later date. Pasco's Lighting Ordinance is contained in Section 12.32 of the Pasco Municipal Code (attached) and was adopted in 1973. It was part of a region - wide effort to protect the night sky from ambient light for the benefit of the observatory on Rattlesnake Mountain. Although somewhat generic, the existing Section 12.32 appears to provide some degree of protection for the night sky — most effectively between the hours of midnight and sunrise. The existing Section 12.32 does not address light trespass, or the spillage of light from one property to another. It also does not provide a clear indication of what is exempt from provisions of the PMC or provide an acceptable method of exemption. I n 2007, both Kennewick and Richland revised their lighting ordinances to update definitions and requirements. The single largest change in both Kennewick's and Richland's codes was the restriction of light trespass to other properties. Our existing lighting ordinance does not contain such a restriction and therefore allows a greater degree of lighting impacts from new development. It's likely that as a community we have come to accept a high degree of light trespass and glare as the price for growth or progress. However, changes in how lighting is administered in the construction process can have large impacts on community aesthetics and quality of life. These changes also pose several policy questions that are important to consider. What is the appropriate extent to which new regulations apply? Should updating occur only when remodeling or site improvements are made? Should changes in land use require updating? If so, what is the trigger for updating, thirty percent of the value of the structure or more? How should existing lighting be treated? Should it be considered "grandfathered?" Should it be given an amortization period and then required to update to applicable code changes? A third area of policy may be the scope of new regulations. Should the existing code be dealt with surgically and revised to provide only more dark sky protection? Should changes be made to reduce light spillage to other properties? Is residential lighting exempt? Finally, a fourth area of policy is the cost. What might increased shielding cost a building or property owner? What might increased review and inspection time cost the City? Examples of issues that may be appropriate to address if PMC Section 12.32 is updated include: • Definitions (a general update of terms relative to lighting advancement and technology); • Exemptions (a concise list of lighting that is not subject to provisions of any code update or regulation); • Amortization (how to handle existing lighting) and the point at which lighting upgrades are required (when building remodeling or a change in land use occurs): and • "Good Neighbor" provisions (how to handle light trespass or spillage). RW/sa MEMORANDUM DATE: April 29, 2010 TO: Planning Commission FROM: Rick White, Director Community & Economic Development SUBJECT: Sock Grant Allocation Process for 2011 funds The Planning Commission will be conducting public hearings for the 2011 Community Development Block Grant (CDBG) funds on Thursday, June 17, 2010. Staff would like to provide the Commission with background items on adopted guidelines and goals for use as you consider your recommendations to City Council. The first of these is Resolution No. 1969. This Resolution outlines the needs that comprise the physical environment of the city. Resolution No. 1969 also outlines uses for CDBG funds that do not directly benefit the city's physical environment and should not be funded. The second item are the goals and strategies from the Consolidated Plan (Plan). The Plan is a blueprint for CDBG and Housing Improvement Program funded activities for 2010 through 2014. The Planning Commission considered the Plan late in 2009. Attached is the list of goals and strategies from the Plan for your use during the upcoming 2011 CDBG allocation process. RW/sa Attachments: Resolution No. 1969 Goals and Strategies from the 2010 - 2014 Consolidated Plan RESOLUTION NO.A 9 A RESOLUTION designating the Planning Commission as the Block Grant Advisory Committee and establishing a Council policy regarding Community Development Block Grant funding for the City of Pasco. WHEREAS, the city is obligated to develop a local annual block grant program supporting national objectives; and, WHEREAS, federal block grant regulations provide latitude to local governments in developing their annual block grant program to meet local housing and community development needs; and, WHEREAS, local community development needs center around housing, infrastructure, parks, recreation, economic development and community revitalization; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section I. That the Planning Commission be designated as the City's Block Grant Advisory Committee to assist in development of the Community Development Block Grant Program. Section 2. In developing the annual block grant program, the city will consider only projects that address community development needs in the areas of housing, parks, community sponsored recreation, infrastructure, community facilities, economic development, removal of substandard and hazardous conditions, planning, and other activities that relate directly to improving the physical environment of the city. No social service programs as defined herein below will be funded with block grant dollars. Section 3. The expansion or construction of physical facilities utilized to house social agencies will be considered as an eligible activity under the city's block grant program. Facility and construction expansion does not include minor maintenance and upkeep such as painting and floor covering replacement, nor does it include equipment purchases. Section 4. For purposes of this policy, social service programs are those programs carried on by non-profit organizations (including governmental agency) designed to provide health, welfare, educational and similar activities dealing with the welfare of individual persons. Programs operated by the City of Pasco such, as recreational programs, are not included in this definition. PA SED by the City Council of t C ty Pa o this j day of Ae I g2 1991. J Ja , Mayor ATTEST: Catherine D. Seaman, Deputy City Clerk AP O 4r Rubstello, tity Attorney 2010-2014 STRATEGIC PLAN Goal I: Improve Local Economies Strategy 1. Support businesses that create permanent fobs for lower-income residents. Strategy 2. Support businesses that provide essential services to lower-income neighborhoods. Strategy 3. Support businesses that provide stability to at-risk areas or to areas with existing conditions of degradation and/or blight. Strategy-t. Support activities that improve the skills of the local workforce and prepare lower-income and special needs workers for access to living wage fobs. Strategy 5. Support facilities, infrastructure or other eligible improvements that create living wage fobs. and that need economic development assistance by virtue of their qualifying physical. environmental, economic, or demographic conditions. Goal II: Improve Community infrastructure, Revitalize Neighborhoods, and Meet Unanticipated Needs Strategy f. Expand or improve basic community infrastructure in lower-income neighborhoods while minimizing costs to households below 80°0 of area median income. Strategy 2. Improve access for persons with disabilities and the elderly by improving streets and sidewalk systems. Strategy 3. Access new funding opportunities to revitalize neighborhoods and address other community needs. Goal III: Improve Public Facilities Strategy 1. Support the revitalization of neighborhoods by improving and supporting public facilities that serve lower-income neighborhoods. Strategy 2. Improve parks and recreation facilities in targeted neighborhoods. Strategy 3. Support the beautification of communities by integrating art into public facilities as needed to address local policies. Strategy -f. Support the development of a crisis response center to provide immediate stabilization and assessment services to persons in crisis, including homeless persons. Goal IV: Improve Affordable Housing Opportunities for Lower-Income Individuals and Households Strategy f. Expand the supply of affordable units by developing owner-and renter-occupied housing in in-fill areas or targeted neighborhoods. consistent with local comprehensive plans. Strategy 2. Sustain or improve the quality of existing affordable housing stock. 1 Strategy 3. Provide homeownership opportunities for lower-income and special needs households. Strategy-t. Minimize geographic concentration of new tax-exempt housing development in Pasco. Goal V: Support Priority Public Services Strategy 1. Strategically support public services activities that respond to the immediate needs of persons in crisis. Strategy 2. Support regional efforts to meet the basic living needs of lower-income households and individuals. Goal VI: Substantially Reduce Homelessness by 2015 Through Implementation of the Benton and Franklin Counties Homeless Housing Plan Strategy 1. Support existing homeless facilities and increase housing resources that assist homeless persons toward housing stability and self-sufficiency Strategy 2. Support the Continuum of Care's efforts to expand flexible voucher rental assistance programs for at-risk populations and homeless persons to achieve the following objectives: Strategy 3. Increase case management capabilities and improve coordination among providers. Goal VII. Increase community awareness of fair housing laws consistent with the Community's assessment of the Impediments to Fair Housing Strategy f. Increase the knowledge of the general public. including lower-income and special needs persons. about their rights under fair housing laws. Strategy 2. Partner with local real estate professionals—including property management firms, realtors. lenders. housing organizations and others— to co-sponsor workshops or other educational events to identify and promote fair housing practices. Strategy 3. Continue to progress in eliminating barriers to fair housing in the Tri-Cities region. 2