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HomeMy WebLinkAbout02-18-2010 Planning Commission Meeting Packet PLANNING COMMISSION - AGENDA REGULAR MEETING 7:00 P.M. February 18, 2010 I. CALL TO ORDER: II. ROLL CALL: Declaration of Quorum III. APPROVAL OF MINUTES: January 21, 2010 IV. OLD BUSINESS: A. Special Permit Location and operation of a large scale (27 acres) water park (Dynamic Waters, LLC) (9600 block of Sandifur Parkway, west of Broadmoor Square)(MF# SP 09-012) B. Special Permit Preschool in a R-S-20 District (Imagination Studios Academy Preschool) (Faith Assembly of God Christian Center) (1800 Road 72)(MF# SP 09-008) [Remanded from City Council] C. Special Permit 10-year Master Plan for the location of portable classrooms at several public school locations in Pasco (Pasco School District)(MF# SP 09-011) V. PUBLIC HEARINGS: A. Special Permit Location of an Elementary School in a R-1 zone (Pasco School District)(Sandifur Parkway 8v Road 60)(MF# SP 10-002 B. Special Permit Renewal/Expansion of Gravel Mining operation in a R- T zone (Rocky Hills Management, LP) (3291 Dent Road)(MF# SP 10-0011 C. Special Permit Location of an Auto Body Shop in a C-3 zone (Martin Cortes)(2700 E Lewis Street)(MF# SP 10-003) D. Special Permit Location of a Caretakers Residence in a I-1 zone Ly_ Gemmell)(505 S 26th Avenue)(MF# SP 10-006) E. Special Permit Location of a Sikh Temple in a RS-20 zone (Gurdwara Guru Nanak Par. WA)(7505 W Court Street)(MF# SP 10-005 VI. WORKSHOP: VII. OTHER BUSINESS: VIII. ADJOURNMENT: REGULAR MEETING January 21, 2010 PLANNING COMMISSION MEETING CALL TO ORDER: The meeting 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. 6 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 Little moved, seconded by Commissioner Hay, that the minutes dated January 21, 2010 be approved as mailed. The Motion carried unanimously. OLD BUSINESS: -1 - A. RESOLUTION Appreciation for Dr. Ray Rose (Planning Commissioner from 7/1612001 to 12/17/2009) Chairman Samuel read a resolution of appreciation for Dr. Ray Rose's participation with the Planning Commission from July 16, 2001 to December 17, 2009. Commissioner Anderson moved, seconded by Commissioner Cruz, to approve the Resolution. The motion was passed unanimously. B. RESOLUTION Appreciation for Mr. Tony Schouviller (Planning Commissioner from 5/1/2006 to 9/29/2009) Chairman Samuel read a resolution of appreciation for Mr. Tony Schouviller's participation with the Planning Commission from May 1, 2006 to September 29, 2009. Commissioner Little moved, seconded by Commissioner Cruz, to approve the Resolution. The motion was passed unanimously. C. REZONE Rezone from R-S-1 (Suburban Residential) to R-1 (Low Density Residential) (Thomas Kidwell) (40 acres located at the SE corner of the future extension of Road 60 and Power Line Road) (MF# Z09-007) Chairman Samuel read the Master File number and explained the proposed rezone had been reviewed during a public hearing in December. The Chairman asked if staff had any additional comments. There were no additional comments. Commissioner Hay moved, seconded by Commissioner Anderson, to adopt the Findings of Fact and Conclusions therefrom as contained in the January 21, 2010 staff report. The motion was unanimously approved. Commissioner Hay moved, seconded by Commissioner Anderson, based on the adopted Findings of Fact and Conclusions therefrom the Planning Commission recommend the City Council rezone the site from R-S-1 to R-1 with a concomitant agreement restricting the minimum lot size to 8,500 square feet. The motion was unanimously approved. Staff explained the appeal process for the audience. -2 - D. SPECIAL PERMIT Addition of a classroom and locker room at Pasco High School (Pasco School District 1102 N 10th Ave.) (MF# SP09-009) Chairman Samuel read the Master File number and explained the proposed special permit had been reviewed during a public hearing in December. The Chairman asked if staff had any additional comments. There were no additional comments. Commissioner Cruz moved, seconded by Commissioner Kempf, to adopt the Findings of Fact and Conclusions therefrom as contained in the January 21, 2010 staff report. Commissioner Cruz moved, seconded by Commissioner Kempf, based on the adopted Findings of Fact and Conclusions therefrom the Planning Commission recommend the City Council grant a special permit to the Pasco School District for the expansion of the Pasco High School gymnasium and locker room with the following conditions: Staff explained the appeal process for the audience. PUBLIC HEARINGS: A. SPECIAL PERMIT Location and operation of a large scale (26 acres) water park (Dynamic Waters, LLQ (9600 block of Sandifur Pkwy west of Broadmoor Square) (MF# SP 09-012) Chairman Samuel read the master file number and asked for comments from staff. Staff stated notice was published in the Tri-City Herald and mailed to surrounding property owners. Staff reviewed the 27 acre site on Sandifur Parkway including the zoning and surrounding uses. It was explained that water parks/amusement parks are most analogous to the unclassified recreational uses requiring special permits. The proposed site plan was reviewed along with a discussion on traffic. The ITE Manual indicated the project could generate up to 2,000 daily vehicle trips during the week and up to 4,800 daily vehicle trips on weekends. These counts were compared to permitted uses such as a Wal-Mart store that can according to the ITE Manual generate 20,000 daily vehicles trips during the week and 24,000 on a Saturday. If the site was to develop with general offices consisting of 3 acres of floor space about 1,700 vehicle trips would occur. If the same space was developed for medical/dental offices, the site would generate about 5,600 vehicle trips per day. -3 - Staff further explained the site was in an area being developed with office and retail uses consisting of one and two-story buildings. Staff was concerned about the scale of the proposed water slides in relationship to surrounding traditional buildings. Preservation of the streetscape was another concern. Staff then listed the following items that would need to be addressed: • sight and sound screening walls around the property; • noise generated from the use of the slides; • the height and scale of the largest slide; • the location of the largest slide; • exterior landscaping to support the intended I-182 standards; • building designs to compliment the neighborhood; • the need to maintain a visual presence along Sandifur Parkway with the established pattern of the neighborhood; • the need to redesign the parking lot entrance; • the need to address access issues to the sewer line located south of the property; • a traffic study; • driveway entrances, deceleration lanes on Sandifur Parkway; • the location and appearance of the mechanical building; • a noise study regarding the go-kart track and types of equipment. James Hale, 1838 Duffy Court, Lake Mary, Florida, Dynamic Water LLC, Project Manager for Bahama Bay discussed the needs in the Tri-Cities for family events, family activities and jobs for young people. Mr. Hale described the vision for Bahama Bay and reviewed the various water slides and feature of the park. An electric go-kart track will be included in the development. The carts are silent and cause no environmental impact which allows for the carts to run indoors or outdoors. The family fun center area would contain a mini golf course, climbing wall, laser tag and a flow rider, all of which will be available year round. Mr. Hale anticipates creating 100-150 seasonal jobs mainly for high school and college students. A feasibility study showed there would be approximately 700,000 yearly visitors to the proposed park. Commissioner Little asked Mr. Hale about water needs to run the park and what source would they use. Mr. Hale stated they would use City water and that the wade pool and the lazy river would be the largest users of water. He was unsure of the volume of water needed because the final design was not finished. Commissioner Little asked about the length of the operating season. Mr. Hale stated the operating season would be approximately 110 days from Memorial Day to Labor Day. They do not want to encroach on the schedule for school. -4 - Commissioner Little asked if bands or concerts would be scheduled. Mr. Hale stated they have not looked into that yet. Commissioner Anderson asked for a description of"Bahama Village". Mr. Hale stated "Bahama Village" would consist of suites like a hotel for families. Commissioner Anderson asked how many suites were being planned. Mr. Hale stated it was undetermined. Commissioner Anderson stated he asked about the number of units to determine the impact on parking, traffic, etc. Chairman Samuel asked if Phase One will be lit for evening hours. Mr. Hale stated yes it would be lit for evening hours. Chairman Samuel asked Mr. Hale about his experience with this type of project and if he had any experience on this type of project. Mr. Hale stated this was his first attempt at such a project. He has a team of experts with experience that will be working with him. He is a member of the World Water Park Association which will provide assistance on operating the water park. Chairman Samuel asked about lessons learned from the Oasis Water Park in Kennewick. Mr. Hale stated Oasis had problems such as a static offering. They had a few slides and did not upgrade and maintain the slides. The facility was too small. The hours of operation were too long. Their focus was a place to get wet and the maintenance and management was not in line with the need. Bahama Bay would be constantly upgraded and bring in new attractions. They plan on keeping it very well maintained and to create a family fun environment. Chairman Samuel asked if there was another facility that they could compare Bahama Bay with. Mr. Hale stated there are no facility in the area. Moses Lake, Pendleton and Umatilla have municipal parks; Silverwood theme park is in Idaho; there is a water park in Boise; as well as some indoor facilities in Idaho. There are no themed private owned water parks in this area. Commissioner Cruz has visited Silverwood and Boondocks and stated they are destination scale facilities and are smaller than the proposed Bahama Bay. Chairman Samuel opened the public hearing. -5 - Zaryab Sheikh, 15401 SE Mill Plain, Vancouver, WA owner of Sleep Inn stated he was in favor of the water park. Shawn Sant, 8016 Redondo Drive, Pasco, WA wondered about the cost of admission, season passes for families who live in the area and daily kid type activities. He was concerned about the park closing at 6pm; it would be more appropriate to leave the park open during the evenings for families to enjoy an evening after work. Brian Woodruff, 4421 Mt. Challenger Court, West Richland questioned the trip counts for the medical facility and the water park. Mr. McDonald, City Planner, stated for the medical facility the trip count was 5,800 and for the water park 2,000 during the week and 4,800 on Saturdays. Mr. Woodruff stated the traffic from the water park would not be comparable to the traffic from the TRAC and would be less than permitted uses on the site. He was in favor of the water park. Meredith Willingham, 9907 Vincenzo Drive, Pasco, WA was concerned about traffic as well as the potential competitor in Kennewick. She was not in favor of the water park. Randy Gosseen, 4610 Baja Drive, Pasco, WA stated he was a long time Pasco resident and was in favor of the water park. His main concern was traffic. He was in favor of bringing in commercial development. William DeBoard, 7912 Snoqualmie Drive, Pasco, WA mentioned the 60 foot water slide and his attempt at a 7 foot slide at a park with his grandchildren; he is in favor of a 60 foot water slide in our area. He felt the water park would not create more traffic than Wal-Mart. Jim Noyce, 9419 Vincenzo Drive, Pasco, WA strongly encouraged the Planning Commission to address the concerns in granting a zoning variance. He also stated he would like a traffic signal at Midland Lane or Road 92. He was in favor of the park being open late until 10 pm. He asked staff if the traffic impact was for one phase or all four. Mr. McDonald stated all four phases were considered. Mr. Noyce further stated he would not like to see two defunct water parks when there could be one successful water park in our area. He stated the park in Kennewick has financing and complies with the existing zoning. Chairman Samuel asked Mr. Noyce whether he is in favor or against it. Mr. Noyce is in favor with some reservations. -6 - Steve Pfaff, 5419 Valdez Lane, Pasco, WA is greatly in favor of the water park. The area is large enough to provide for two water parks. He mentioned the use of the City swimming pools and the lack of facilities in West Pasco. He stated there was a need for a municipal indoor facility to support high school swimming, training, and meets as well as provide use for the community. Tara Bevelacqua, 5203 Truman Lane, Pasco, WA works directly under the owner of the Broadmoor Outlet Mall and was asked to come and speak. They are in favor of the traffic coming into the area. She also lives near the TRAC and during special events the traffic is not too bad. They are enthusiastic about the proposal and do not feel that two water parks would be a bad idea. The two water parks can be competitive with their prices. Jim Riddell, 3036 Highway 260 East, Connell, WA stated the water park development would a benefit the development he is proposing in Connell. He feels the proposal would be a great benefit for Franklin County. He was in favor of the proposal. Pat Roach, 8412 W. Adams Street, Pasco, WA stated he has a professional building located at 9221 Sandifur Parkway and was in favor of the water park coming to Pasco, however he was not in favor of the location. Mr. Roach would be in favor of the proposal if the site was revised. He would like the park to be appealing as you drive down Sandifur Parkway. He stated this type of development was a good idea and is needed in the City of Pasco, as well as the Tri-Cities. Larry Powers, 8703 Cord Drive, Pasco, WA was in favor of the water park. He felt the hours of operation should go later than 6pm. He mentioned offering different slides than the water park in Kennewick would be beneficial and this area in Pasco is in great need for this type of development. Terry Thornhill, 4005 Riverhaven, Pasco, WA stated he has an office located at 9221 Sandifur Parkway commended City staff on their findings which addressed all of his concerns. Mr. Thornhill stated a traffic study would be desirable as well as a revision to the parking lot. He stated he grew up in Fife near a water park and he never heard noise from the water park. His main concern is maintaining the architectural character of Sandifur Parkway which can be achieved by articulated screen walls. The suggestion to relocate the maintenance building could be addressed by leaving the building in the same location and the dimensions and depth of the building would consist of features which will tie into the fabric of design. Mavis Eulie, 9319 Mustang Drive, Pasco, WA stated her main concern was the traffic. She mentioned the 6 o'clock traffic rush hour and was not in favor of the proposal. Mike Clark, 9319 Mustang Drive, Pasco, WA stated he was in favor of a water park. He is against the location of this proposal. He felt the applicant was very -7 - vague regarding the question of how much water will be used. He felt the traffic was horrible and people that live in the Road 68 area use the Road 100 exit to get home. He would like the location of this park to be somewhere along Highway 395 or by the Highway 395 overpass to the Snake River Bridge. Javier Ruiz, 5405 Dradie Street, Pasco, WA was in favor of the water park. He mentioned the team for Dynamic Waters LLC consists of Pasco residents, with exception to Mr. Hale. These men have roots in Pasco and Mr. Ruiz trusts that Dynamic Waters has the best interest for the community. He was confident that issues will be addressed in a positive way. Loren Hale, 4504 W. Henry, spoke about the traffic and the bus line that will bring people to the water park. Mr. Noyce asked if the developer would be required to submit a business plan. Chairman Samuel stated no. Mr. Noyce suggested it would be a good idea for the Planning Commission to require a business plan due to the size of this project. Mr. Woodruff restated the traffic impacts would not be greater than permitted uses that do not require special permits. Mary Jo Bowe, 7806 W. 12th Avenue, Kennewick, WA, local real estate agent who has resided in the Tri-Cities over 20 years. She was very excited about the proposal. She briefly mentioned community efforts since 2003 towards developing an aquatic center and not much success due to the many chiefs and not enough indians. Shawna Morrison, 728 W. 22nd Avenue, Kennewick, WA, stated features in Phases three and four are not typically seen in the Tri-Cities and would like the proposed Regional Aquatic Center to be located adjacent to the proposed site. Mr. McDonald responded to public comments by stating water and sewer utilities are available and capable of meeting the demand of the facility. The applicant will be assessed a water and sewer connection fee which will go into the sewer and water fund for current and future capital improvements. The traffic impact fee will be approximately $90,000. The recommended traffic study prepared as part of the building permit would identify traffic improvement needs around the site such as acceleration and deceleration lanes and traffic signals. The development standards require landscaping along Sandifur Parkway. The maintenance building would need to be incorporated into the look of the neighborhood. The parking lot entrance would need to be modified and the parking lot would need to be landscaped to meet the I-182 standards. Relocating the tall slides would mitigate the noise and the height issues. Mr. Hale appreciated the positive and negative input. He stated, as a Pasco native, he wished to relocate back to Pasco. He stated he would revisit the time -8 - of closure due to the traffic concerns and further stated the traffic would be coming and going throughout the day. Chairman Samuel closed the public hearing. Commissioner Cruz agreed traffic would not be like the TRAC events, and would be more like waves of traffic throughout the day. He did not feel there would be a problem, but the concern should be addressed. The taller buildings should be located to the south. Maintenance for the undeveloped property should also be included. He was in favor of the proposal and the location was correct since the site was the 2nd nexus of the Tri-Cities between Road 68 and Road 100. Commissioner Anderson agreed with Commissioner Cruz and would also like to see a condition that park meet the I-182 overlay standards and is compatible with the flavor of the area. He further stated he would be severely disappointed if it turned out like the Oasis Water Park. He would like to see enhanced landscaping requirements in the parking lot be added, as well as a requirement for more than one exit to prevent a bottleneck in traffic. He is in favor of staff's recommendations. Commissioner Little asked if the parking lot landscaping would reduce the number of parking spaces. Mr. McDonald stated that landscaped islands would take away from parking spaces. Chairman Samuel suggested there was a need for sight and sound screening walls along property lines including the type of wall. Commissioner Kempf requested that a condition be included to mimic what has been required for plats with block walls versus vinyl fencing. Commissioner Cruz suggested adding a condition regarding night lighting leakage. Commissioner Cruz questioned Commissioner Kempf about solid fencing for Sandifur Parkway or the freeway or both. Commissioner Kempf stated both. Commissioner Cruz stated he was not in support of both; however was in favor of fencing Sandifur Parkway. Chairman Samuel asked if there would be any fencing along the freeway. Commissioner Cruz stated it was not the same type of issue with fences. A berm or landscaping could add aesthetic value versus a chain link fence and does not want to require a block wall. -9 - Chairman Samuel asked staff if there was a recommendation on this issue. Rick White, Community 8v Economic Development Director, stated the main point of the freeway walls have been noise minimization and does not see a need in this case and might be better served without a sight proof wall so people can see into the park. A general condition of security fencing and the design would be appropriate, upon the approval of the City. Commissioner Kempf stated her main concern was for the security of the facility. Commissioner Little stated the site was elevated above the freeway. Chairman Samuel mentioned the overpowering character of the 60 foot tall multi-colored, non-traditional structure towering over Sandifur Parkway which was addressed by the applicant. Chairman Samuel mentioned the exterior and interior landscaping to support the intended I-182 standards and asked if there was a recommendation to go above and beyond the standard. Commissioner Cruz asked whether the interior landscaping standards would apply inside the water park. Mr. McDonald stated they would apply to the parking lot and inside the facility. The parking lot would need be in accordance with the standards. Chairman Samuel mentioned the need for articulating walls. Commissioner Anderson stated the conditions should be in accordance with the I-182 standards. Chairman Samuel mentioned the sewer easement requirement and lighting spillage request. He asked Commissioners if there was a need for the traffic impact study. The Commissioners agreed on the need for a traffic study. Commissioner Little asked if a timetable could be added to the phases, such as subdivisions. Mr. McDonald explained subdivisions time frames were covered by State law. Subdivision permits expire after five years. Chairman Samuel asked if a condition was needed for the project to start to building after two years. Mr. McDonald stated typically for larger projects the Planning Commission has recommend two years to allow for financing, plans submittal and applying for building permits. _10 - Chairman Samuel clarified that the special permit would be for a two year period. Commissioner Little moved, seconded by Commissioner Anderson, to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for the City Council for the February 18, 2010 meeting. B. Special Permit 10-Year Master Plan for the location of portable classrooms on school sites throughout Pasco (Pasco School District) (MF# SP 09-011) Chairman Samuel read the master file number and asked for comments from staff. Staff explained the application applies to 13 sites throughout the City of Pasco. Separate site plans have been submitted for each school. The Pasco School District was previously approved for a portable master plan which was to expire in March. The only school not included in the master plan was the new Chiawana High School. Commissioner Samuel asked for comments from the applicant. Kim Marsh, 1215 W. Lewis, had no comments. Chairman Samuel opened the public hearing; after three calls and no response, the hearing was closed. Mr. White stated the School District has done an admirable job in the placement of the portable classrooms. Chairman Samuel stated he was under the impression that with Chiawana High School there would be a dramatic reduction in portables at Pasco High School. Mr. Marsh stated some were removed from the annex in the fall which became the Captain Gray Early Learning Center and the entire senior class remains at Pasco High. Commissioner Cruz moved, seconded by Commissioner Anderson, to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for the City Council for the February 18, 2010 meeting. OTHER BUSINESS: -11 - Mr. White thanked Commissioner Kempf and Commissioner Hay for attending the interview session with Makers Urban Design and Architecture, as well as the opening neighborhood meeting for the Boat Basin Tank Farm planning effort Chairman Samuel questioned Mr. White on any new projects coming to the Planning Commission. Mr. White stated there would be 5 public hearings at the next Planning Commission. With no further business, the Planning Commission was adjourned at 8:48 pm. David McDonald, Secretary -12 - REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 09-012 APPLICANT: Dynamic Waters LLC. HEARING DATE: 1/21/10 4504 W. Henry Street ACTION DATE: 2/18/10 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a Water/Amusement Park in a C-1 Zone 1. PROPERTY DESCRIPTION: Legal: Lots 8 8v 9, Binding Site Plan 96-03 General Location: 9600 Block of Sandifur Parkway west of Broadmoor Square Outlet Mall Property Size: Approximately 27 acres 2. ACCESS: The site has access from Sandifur Parkway and Bedford Street. 3. UTILITIES: A major water line (16") is located in Sandifur Parkway along the full distance of the property and a 12" sewer line is located in an easement along the southern boundary of the site. There is also an 18" sewer line running north and south immediately east of the site. 4. LAND USE AND ZONING: The subject property is currently zoned C-1 (Retail Business) and consists of two vacant parcels. Surrounding zoning and land uses are as follows: NORTH - C-1 -Offices and mini storage SOUTH - Highway 1-182 EAST - C-1 - Broadmoor Outlet Mall WEST - C-1 - Offices and a motel 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for commercial use. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a Determination of Non-Significance (DNS) in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANALYSIS The applicant is proposing to develop a recreational water park on 27 acres of land located between Sandifur Parkway and I-182 directly west of the Broadmoor Square mall. Water parks are not a listed permitted use in any zoning district. The most analogous use in the zoning regulations is miniature golf courses and similar recreational uses as identified under the unclassified uses in Chapter 25.86 dealing with special permits. After reviewing the proposal with the City Attorney it was determined that a water park is a recreational use similar in nature to a golf course or miniature golf course and would require review through the special permit process. The revised site plan requested by the Planning Commission shows the 27 acre proposed water park site to be developed in one single phase. In addition to the need for a land use special permit the proposal also needs special permit review because of the height of the main water slide. The "Mach 7 Pipeline" slide could reach 60 feet in height. Structure heights in the C-1 zoning district are limited to 35 feet unless a greater height is approved by a special permit. The proponents' application includes a request for an increase in height from 35 feet to 60 feet. The general vicinity near the proposed water park site has been developing with retail and office uses. There are 3 buildings (Roach Law Offices, Kadlec Medical Clinic and the Sleep Inn) which are close to the 35 feet height limitation while the remainder of the buildings are only one story in height. Given the nature of the general area, it would be important to carefully consider the character of the existing development and the potential for the proposed water park to create nuisance conditions for the existing development and intended development. The layout of the site and the placement of the slide structures on the site will play an important role in addressing concerns about noise and the compatibility of scale and bulk of the large slides in comparison with surrounding and intended office buildings. By locating the larger slide features toward the south end of the site the noise and structure scale issues can be addressed. General noise and commotion created by hundreds of water park users can be addressed by the installation of a solid wall. The Planning Commission needs to determine if the site location is appropriate for the proposed use and what, if any, site development features need to be incorporated into the plan to protect the intended character of the general area. These additional development features 2 include: the need for sight and sound screening walls along property lines; slide setbacks to ameliorate adverse appearance issues of having non-traditional structures (water slides) close to property lines which may overpower the architectural qualities of adjoining buildings; the need for fencing or walls along the freeway; exterior and interior landscaping to support the intended I-182 standards; the need for creating a streetscape appearance along Sandifur Parkway compatible with the existing development; the parking lot design that incorporates appropriate landscaping to improve the appearance of a large area covered with asphalt; and the need for a parking lot circulation system that allows quick, safe and convenient ingress and egress from Sandifur Parkway. A water park is not a specifically listed use under the (PMC 25.78.170) parking regulations within the zoning code. The most analogous use listed is a swimming pool. The wave pool is the closest feature in the proposed park to a swimming pool. The wave pool would require 125 parking spaces. Based on the swimming pool criteria the slides would require 265 additional parking spaces. The main parking lot in the proposed site plan contains 582 parking spaces and an additional 76 spaces are provided in a separate lot for employees. The parking lot contains 186 spaces over and above what would be required for the water features. The family fun center and go-cart track also need parking. The additional 186 spaces could accommodate a half acre fun center building and go-cart track. At 3 persons per vehicle the parking lot would accommodate 1,746 people. The hotel site also contains parking. Based on the Institute of Transportation Engineers (ITE) Trip Generation Manual 7th Addition, an amusement park with 27 acres could generate about 2,000 vehicle trips on a weekday and 4,800 vehicle trips on a Saturday. By comparison, the ITE manual estimates that a store the size of the Road 68 Wal-Mart can generate about 20,000 vehicle trips on a week day and 24,000 on a Saturday. The Wal-Mart site and businesses fronting Road 68 in front of Wal-Mart collectively contain about 25 acres with 1,160 parking spaces. Any of the retail business located on Road 68 would be permitted on the site in question. If the site was developed with general office uses the site would generate about 1,700 vehicle trips per weekday based on the ITE Manual. If the site was developed with just medical and dental buildings, the ITE Manual indicates the average daily weekday vehicle trips to be about 5,600. The ITE estimates for amusement parks were based on only two studies. A traffic study should be required prior to the issuance of any building permits to determine the extent of traffic impacts on Sandifur Parkway. It is difficult to determine if any modifications will be needed, such as deceleration lanes, without a traffic study. Traffic studies were required 3 as a part of the Wal-Mart and the Lowe's building permit submittals. The proposed parking lot for the water park is only about 100 spaces less than the size of the Lowe's parking lot on Road 68. The purpose for the special permit process is to allow for extraordinary review of development proposals listed as unclassified uses or conditional uses. The review process is used to determine if a given site would be an appropriate location for an unclassified use and what conditions may be necessary to address the review criteria found in PMC 25.86.060. Review of the six items under PMC 25.86.060 should be undertaken in light of the issues discussed above. 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 within the Pasco Urban Growth Boundary. 2. The site contains approximately 27.7 acres. 3. The Comprehensive Plan identifies the site for future Commercial development. 4. The site is zoned C-1 (Retail Business). 5. The site is vacant. 6. Surrounding properties are zoned C-1. 7. A 12" sanitary sewer line extends across the southerly 30 feet of the proposed site. An 18" sewer line extends north and south immediately east of the site. 8. Permitted uses within the C-1 district include professional and medical offices, retail stores, banks motels, restaurants, auto repair facilities, auto detail shops, and membership clubs. 9. Permitted conditional uses within the C-1 district include automotive sales rentals, mini-storage, parking lots and wineries. 10. The site is adjacent to Highway I-182. 11. Surrounding properties have developed with permitted retail and office uses. 12. The site is located in the I-182 Corridor Overlay District. 4 13. The I-182 Corridor Overlay District includes enhanced development standards. 14. The site has access from both Sandifur Parkway and Bedford Street. 15. The applicant is proposing to develop a water/amusement park. 16. The proposed water/amusement park will include various water slides, a wave pool, go-kart track, a gift shop/concession stand, locker rooms, a picnic area with gazebo, and a family fun center. 17. Water parks and amusement parks are not a listed permitted use in the C-1 District. 18. Water parks and amusement parks are considered unclassified uses that require review through the special permit process before locating in a C-1 District. 19. The tallest slide in the proposed park could be up to 60 feet high. 20. PMC 26.42.050 permits a maximum building height of 35 feet in a C-1 District. 21. PMC 26.42.050 permits structure heights in excess of 35 feet by special permit in C-1 Districts. 22. The tallest office building near the proposed water park site is between 30 and 35 feet. 23. The proposed site is located about 800 feet from the Road 100/I- 182 Interchange. 24. The proposed water/amusement park contains a 556 space parking lot. 25. Based on the ITE Trip Generation Manual 7th Addition a 27 acre amusement park could generate about 2,000 vehicle trips on a weekday and 4,800 vehicle trips on a Saturday. (These traffic numbers are based on only two studies) 26. If the site was developed with 156,000 (3.5 acres) square feet of medical/dental office the ITE Manual estimates the site would generate 5,600 vehicle trips per weekday. CONCLUSIONS Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 5 1) Will the proposed use be in accordance with the goals, policies, objectives, and text of the Comprehensive Plan? The Comprehensive Plan designates the proposed site for commercial development. The Plan encourages attracting new employers to the area who promote tourism and recreational opportunities. The water park would serve as a regional recreational attraction in southeast Washington. Policy Goal LU-4-A encourages locating commercial facilities at major street intersections. The proposed site for the water park is located within 800 feet of the I-182 / Road 100 Interchange. 2) Will the proposed use adversely affect public infrastructure? The site is located on a major arterial street and is served by all utilities. Per the ITE Trip Generation Manual, permitted retail uses and medical offices could generate more weekday traffic on Sandifur Parkway than the proposed water park. The nearby water and sewer lines have been sized and constructed to accommodate full commercial build-out on the proposed site. In reviewing the proposal with the City Engineering Division there was no concern about adverse impacts to the water and sewer systems. 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 uses contained in PMC 25.42, the C-1 Retail Business District, identify the intended character for the site and general vicinity. These uses include automotive detail shops, banks, motels, professional and medical offices, retail stores, restaurants, auto repair facilities, and membership clubs. Much of the activities associated with these uses are conducted indoors. Buildings within the C-1 district are generally limited to 35 feet in height. The proposed water park will contain a number of structures not typically found in C-1 districts such as tall lattice type towers needed to support multi-colored fiberglass water slides. The tallest tower and slide reaches 60 feet in height. As requested by the Planning Commission the applicant revised the site plan to maintain a traditional commercial presence along Sandifur Parkway. The 60 foot water slide is located along the southern edge of the site. The motel/hotel area has been modified with one main hotel building facing Sandifur Parkway and a landscaped parking lot similar to nearby parking lots. The revised hotel layout screens the water park from the west supporting the desire to maintain the traditional commercial appearance of the area. The revised features include additional building elevations, landscaped setbacks and 6 parking along Sandifur Parkway. The parking lot has been relocated to the southeast corner of the site. The revised site plan incorporates the design features and items the Planning Commission discussed in the public hearing. 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? As requested by the Planning Commission the revised site plan incorporates design features that locate the tallest structure along the freeway and mostly landscaping, parking lots, and buildings along Sandifur Parkway and Bedford Street. These features are designed to encourage the development of traditional office and commercial uses on adjoining properties. 5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? Per the ITE Trip Generation Manual the proposal will not generate any more traffic than if the site was fully developed with intended retail and office uses. The redesigned site plan addresses the concerns expressed during the public hearing dealing with noise and the operational aspects of the proposed water park. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? The water park has been designed to address possible nuisance conditions by incorporating walls, landscaping and other features into the plan. General support of the proposal as voiced at the public hearing indicates the proposed water park is not viewed a nuisance generator. RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact and conclusions as contained in the February 18, 2010 staff report. 7 MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit to Dynamic Waters, LLC for the location and operation of a water park in the 9600 block of Sandifur Parkway with conditions as contained in the February 18, 2010 staff report: APPROVAL CONDITIONS 1. The special permit shall be personal to the applicant; 2. The water park shall be constructed in substantial conformance with the site plan dated 2/5/2010; 3. The 30 foot utility easement along the southern boundary of the site must be hard surfaced a minimum of 15 feet width and remain accessible to City Public Works crews at all times; 4. Building design and site landscaping must comply with the development requirements of the I-182 Corridor Overlay District regulations; 5. A traffic study must be submitted prior to the issuance of any building permits for the water park. If applicable, street improvements may be required; 6. Sight screening walls along Sandifur Parkway must be articulated and constructed with masonry block or stone; 7. All wall and fencing designs must be reviewed and approved by the Community and Economic Development Director prior to the issuance of building permits; 8. That portion of the site not devoted to buildings, structures or impervious surfaces must be maintained in a landscaped, orderly and neat manner as approved by the Community & Economic Development Director; 9. All buildings, walls and structures, except signage, must be setback from the Sandifur Parkway right-of-way at least 20 feet; 10. Night lighting including parking lot lighting must be shielded to prevent light encroachment on adjoining properties; 11. The special permit shall be null and void if a building permit has not been obtained by May 2012. 8 V I Item: Spec ial Permit - Water Park 'C*H'ty • Map plicant: Dynamic Waters N File #: SP 09-012 i 1-i- =r=� ������� �I�W�i1�11�1w1�1�1�1��i� J � � � ANN, a �iu Ri�i iiiliu ihii� il?11111111119i1111111� �c��/r.�i� ii1 r ,dL1� �e� •l�.r#. .- n,�aa.r�•�•�- ,11i11111� son RUN .�'.� � - . � ��uif��lu�� �iuiiuiiuil ^- •,. �1111��11� � _ �_©y��;� ` ,�. �� it„�t�nt„ii,iit►,�ii�//�/liiiuin,w� �IIIi1i1111111� F . ..off . . . ('- \ r PRO r Land Item: Special Permit - Water Park Use Applicant: Dynamic Waters Q Map File #: SP 09-012 aim= I�����������C�• ,��� . . :ICI = ; ■����.��■��■■.■ EVEN WINE M , ■■■■■■����■■■■■ r MINE 1■'■: ..........a.... �.�..�.� •rte ■ ■���.����-�■•., MEMNON ------- .. .. - N11EI�l. ���■� oii�►�I= �e■�■►� IFE School FEE Zoning Item: Special Permit - Water Park N Map Applicant: Dynamic Waters Fi e #: SP 09-012 ■ may,jj� ■ � ■■■■ ��, -� ��: - , MOM ■■■■i■■■i►� _ ■■..�Ir=ill■ �•������//,����■ � IIIIIIIIIII �� III • = 1111111111 11 ■ �' �����■ I IN��■■■■ Iloilo IIIIIIIIIIII� III _.IIIIIIIIIILI�II _ •. !"S■. ■ s _ i'i�■■■■■■■■■■■■■■ million ■ MEMNON■ .1111�• .a.. - ■.X11■11■;MEMO ■ = iiii ' i='• ■•NINE ■ ��-■ N11E►�! ■■�■■; �11S�= �e■��►� �I.1` ���M■'■ Bank of Whitman ' e Roach Law ONi Dakota � Offices Direct y O West asoo In-Home Broadmoor Primary Care Medical Storage Solutions Sandifur Parkway el ° 4'fJ�P£X - O o Sr� o ° rs O e 6 Sleep Inn Ia7- b River v 4 o Farm Credit Services �L I�� I�yAS� Y laaa°r ° C l�aa 64uor ° � i4�etex Part Wave ° O ° t ° J . saaak xwx U O6 6 O R ft � O ° ° Picnic 1.1sae r Br r Park L u +*H=1-*$+ 9 Outlet Mall FLILL 4 pu* p HAMA BAY J WATERPARK COMPLEX Pasco, Washington Scale : 1 = 80 $Ay 0 80• 160• 240' 320• 400• 480• /Vafer ar e, MEMORANDUM DATE: February 18, 2010 TO: Planning Commission FROM: Shane O'Neill, Planner I SUBJECT: Imagination Studios Preschool Remand The Planning Commission's recommendation to the City Council for approval of a preschool (Imagination Studios) in the Faith Assembly of God Church on Road 72 was appealed by an adjoining property owner. Upon considering the appeal the City Council remanded the matter back to the Planning Commission for further review. In their remand the City Council specifically directed the Planning Commission to consider traffic impacts related to the estimated number of students enrolled in the preschool and any applicable limitations on the number of students or school operations that may be necessary to address the impacts. The Planning Commission was also charged with developing appropriate findings of fact dealing with student enrollment and related impacts. The Council's remand centered on the issue of student enrollment and the conflict between the information provided with the applicant's application and testimony provided at the open record hearing. The application materials indicated there were 18 children enrolled in the preschool. However, the Assistant Pastor for the Church explained in his testimony that there were about 85 children enrolled in the program. The original findings did not reflect the testimony provided by the Pastor. The appeal highlighted this discrepancy. To clarify the Pastor's comments on enrollment and classroom periods, staff asked the preschool operators to clarify the enrollment numbers submitted at the open record hearing. Staff can report that the preschool currently has a total of 85 students enrolled. However, there are never 85 students on the church grounds at any one time. Classes are split between a morning and afternoon session in three hour blocks. There are morning and afternoon classes on Monday, Wednesday and Friday and separate classes on Tuesday and Thursday. Enrollment varies per day of the week and between morning and afternoon sessions. The morning classes on Monday, Wednesday and Friday have a total of 44 students. The afternoon classes only have 10 I students. The Tuesday and Thursday morning classes hold 37 students and the afternoon classes have 9 students. The clarified enrollment numbers will give the Planning Commission a better indication of the traffic generated by the preschool. Traffic will be heaviest on Monday, Wednesday and Friday mornings and afternoons. According to the ITE Manual the Monday, Wednesday and Friday morning session could generate up to 197 vehicle trips per day. The afternoon sessions would generate about 44 vehicle trips per day. The Tuesday and Thursday morning classes would generate about 166 vehicle trips per day with an additional 40 trips per day generated from the afternoon classes. The afternoon traffic would be leaving the site at 4 P.M., 20 to 25 minutes before the start of the P.M. peak for traffic congestion. Both morning and afternoon preschool sessions would generate an estimated 237 trips per day on Monday, Wednesday and Friday using current enrollment figures. By way of comparison, as pointed out in the 12/ 17/09 report to the Planning Commission if the site was developed with homes under the current zoning, it is estimated that 160 vehicle trips per day would be generated by the 10 acre site (16 homes x 10 vehicle trips/day). The church parking lot contains over 500 parking spaces. The preschool requires about 22 parking spaces. The Planning Commission also needs to determine what, if any, limits need to be considered for enrollment. Increases in enrollment will have corresponding effects on traffic generation. For every additional student there is the potential for 2.4 new vehicle trips per day. Given the size of the church building (70,100 ft2) the preschool has the potential to grow to the size of a small elementary school. To avoid increasing neighborhood traffic beyond an acceptable level the Planning Commission should consider limiting the enrollment size. Limiting the preschool to a maximum class size of 50 students in any session may be appropriate. Corrected findings and conclusions reflected in the discussion of this memo are below. The original staff report is attached as Exhibit # 1. Following review of the findings and conclusions the Planning Commission will need to make a recommendation to the City Council. 2 FINDINGS OF FACT Findings of fact must be entered from the record. The following are revised findings drawn from the background and analysis section of the staff report, public testimony and clarification by staff. The Planning Commission may add additional findings to this listing. 1. The site is zoned R-S-20 (Suburban). 2. All municipal utilities currently serve the site, (sewer service is located at the intersection of Court Street and Road 72. The church uses a pressure line to connect with the Court Street sewer line). 3. Nursery schools are Conditional Uses in the RS-20 zone (PMC 25.22.040(5). 4. Conditional Uses require Special Permit approval prior to location within the community. 5. The Comprehensive Plan identifies the site for Low-Density Residential uses. 6. The site proposed for a children's pre-school currently contains a church. A pre-school has been operating within the church for approximately 5 years. 7. The proposed pre-school could generate up to approximately 197 (per the ITE Trip Generation Manual) vehicle trips per day for the Monday, Wednesday and Friday morning classes (including employees) if each child arrived in an individual vehicle. 8. The proposed pre-school could generate up to approximately 44 (per the ITE Trip Generation Manual) vehicle trips per day for the Monday, Wednesday and Friday afternoon classes (including employees) if each child arrived in an individual vehicle. 9. The proposed pre-school could generate up to approximately 166 (per the ITE Trip Generation Manual) vehicle trips per day for the Tuesday and Thursday morning classes (including employees) if each child arrived in an individual vehicle. 10. The proposed pre-school could generate up to approximately 40 (per the ITE Trip Generation Manual) vehicle trips per day for the Tuesday and Thursday afternoon classes (including employees) if each child arrived in an individual vehicle. 11. The ITE Trip Generation Manual indicates vehicle trips can range from 2.5 to 7.06 trips per student. The average is 4.48 trips per student. The figures in findings number 7-10 were based on the average of 4.48 trips per student. 3 12. The applicant indicated a current enrollment of 85 children for the pre- school. 13. The pre-school will accommodate children ages 3-5 years. 14. The pre-school has up to 6 staff members. 15. The site contains over 500 on-site parking stalls. 16. The proposed preschool has been operating in the church for approximately 5 years. 17. The city has not received complaints about the preschool activities in the church. 18. Public testimony at the open record hearing on November 19, 2009 did not indicate that any adverse impacts are experienced by the neighborhood as a result of the operation of the pre-school. 19. The Planning Commission made a recommendation for special permit approval on December 17, 2009. 20. The December 17, 2009 recommendation was appealed to City Council. 21. City Council remanded to the Planning Commission on February 2, 2010 with direction to consider traffic impacts related to the estimated number of students and to develop findings of fact dealing with student enrollment and related impacts. CONCLUSIONS BASED ON THE 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 Low-Density Residential uses. The proposed pre-school supports Plan Goal LU-3-A which encourages such facilities to be located in neighborhoods. 2) Will the proposed use adversely affect public infrastructure? The church has a permitted occupancy load in the main sanctuary of over 1,000 people and has a parking lot with over 500 parking stalls. The weekday use of the building for 85 preschool aged children in morning and afternoon sessions will have a slight impact on public roads, mostly occurring during non-peak hours. No infrastructure modifications would be required for the preschool. 4 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 suburban residential. Typically, schools and or preschool facilities are located in or adjacent to residential neighborhoods. To maintain the residential character of the neighborhood a limitation on the number of students at a session at any given time is recommended. 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 school is located in an existing church which previously received a special permit and building permit from the City of Pasco. The County Assessor's records indicate that over the past five years the values of the adjoining residential properties have increased. 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 preschool school has been operating on the site for 5 years without generating any noise, dust, traffic or other conditions that would be objectionable to the neighborhood. The city has not received any complaints about the preschool in the last five years. 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? Preschools are similar to schools, which are commonly located in or adjacent to residential neighborhoods where they are generally not viewed as a nuisance. 5 RECOMMENDATION MOTION: I move to adopt findings of fact and conclusions therefrom as contained in the February 18, 2010 staff memo. MOTION: I move based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to the Faith Assembly of God Church for the location of the Imagination Studios Preschool with the following approval conditions: APPROVAL CONDITIONS 1) The special permit shall be personal to the applicant; 2) The special permit shall be for a preschool only; 3) The applicant shall comply with all necessary state licensing requirements; 4) The applicant shall continue to maintain the fenced playground as currently developed on the site; 5) The pick-up and drop-off area for children shall not be in the public right-of-way; 6) The preschool is to maintain a maximum class size of fifty (50) students in any session; 7) The special permit shall be null and void if the applicant has not obtained a City of Pasco business license by April 1, 2010. 6 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 09-008 APPLICANT: Faith Assembly Church HEARING DATE: 11/19/2009 1800 North Road 72 ACTION DATE: 12/17/2009 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a Children's Daycare/Pre-School in an existing church in an R-S-20 Zone. 1. PROPERTY DESCRIPTION: Leal: The Northeast 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 21, Township 9 North, Range 29 East W.M. General Location: 1800 North Road 72 Property Approximately 10 acres 2. ACCESS: The site is accessible from Road 72. 3. UTILITIES: All municipal utilities currently serve the site. 4. LAND USE AND ZONING: The site is currently zoned R-S-20 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Low-Density Residential uses. Goal LU-3-A encourages the location of daycare facilities in each residential neighborhood. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of non-significance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANALYSIS The Faith Assembly of God Church has been located on Road 72 for over 20 years. In September of 2002 the church was granted a special permit by the City of Pasco for a major expansion. Following the completion of the new addition in 2004 the Faith Assembly Christian Center applied to the State and received a child day care center license. Since that time the Church has operated a child care center/preschool in the original portion of the Church building. Day care centers and preschools are required to obtain a special permit prior to locating anywhere within the city. The Faith Assembly of God Church did not receive a special permit when they received a child care license from the state. As a result of the hearing process for the recent corn maze application (on church property) staff became aware of the preschool in the church. Upon learning of the need for a special permit, the Church submitted an application. The preschool/daycare has been located in the church for 5 years without any complaints from the neighborhood about noise, traffic or related activities. There is little outward appearance that indicates there is a preschool in the church. There is a fenced playground area directly behind the church that is difficult to see from Road 72. The nearest house is located 418 feet west of the playground across the Church parking lot. Faith Assembly was initially licensed by the State to care for up to 18 children. In 2005 the church changed their care program to a preschool which does not need a State license. However they still provide services to about 18 children split between the morning and afternoon classes. The 70,107 square foot church facility contains 18,650 square feet of classroom space, a kitchen, bathrooms and a playground available to daycare/preschool activities. The ages of the children served range from 3 to 5 years. The preschool is open from 9:00 AM to 4:00 PM Monday through Friday. Traffic to and from the proposed daycare/pre-school will typically coincide with the morning and afternoon peak traffic through the neighborhood. The ITE Trip Generation Manual (Volume 7) indicates a pre-school/daycare the size of the Imagination Studio could generate up to 80 vehicle trips per day. By way of comparison, if the site were developed with homes under the current zoning, it is estimated that 160 vehicle trips per day would be generated by the 10 acre site. (16 homes x 10 vehicle trips per day) The proposed site contains over 500 parking spaces. A daycare facility of this size requires about 9 parking stalls. Daycares/nursery schools are defined as community service facilities and as such are required to obtain a special permit before locating anywhere within the city. Daycare facilities and schools are often located in or adjacent to residential neighborhoods. Daycare and school activities in residential neighborhoods typically do not generate complaints from neighbors. The daycare has currently been operational for approximately five years and no complaints have been received from the neighbors. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the 2 result of factual testimony and evidence submitted during the open record hearing. 1. The site is zoned R-S-20 (Suburban). 2. All municipal utilities currently serve the site. (sewer service is located at the intersection of Court St. and Rd 72. The church uses a pressure line to connect with the Court St. sewer line) 3. Daycares/nursery schools are Conditional Uses in the RS-20 zone (PMC 25.22.040(5). 4. Conditional Uses require Special Permit approval prior to establishment. 5. The Comprehensive Plan identifies the site for Low-Density Residential uses. 6. The site proposed for a children's daycare/pre-school currently contains a church. 7. The proposed daycare/pre-school could generate up to approximately 80 (per the ITE Trip Generation Manual) vehicle trips per day (including employees) if each child arrived in an individual vehicle. 8. The applicant indicated a maximum capacity of 18 children for the daycare/pre-school. 9. The daycare/pre-school will accommodate children ages 3-5 years. 10. The daycare/pre-school will have up to 6 staff members. 11. The site contains over 500 on-site parking stalls. 12. The requested daycare has been operating in the church for approximately 5 years. 13. The city has not received complaints about the daycare/preschool in the church. TENTATIVE 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 Low-Density Residential uses. The proposed daycare/pre-school supports Plan Goal LU-3-A which encourages such facilities to be located in neighborhoods. 3 2) Will the proposed use adversely affect public infrastructure? The church has a permitted occupancy load in the main sanctuary of over 1,000 people and has a parking lot with over 500 parking stalls. The weekday use of the building for 18 preschool aged children will have a negligible impact on public infrastructure. No infrastructure modifications would be required for the preschool. 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 suburban residential. Typically, schools and or preschool facilities are located in or adjacent to residential neighborhoods. 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 daycare/preschool school is located in an existing church which previously received a special permit and building permit from the City of Pasco. The County Assessor's records indicate the value of the adjoining 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? The daycare/preschool school has been operating on the site for 5 years without generating any noise, dust, traffic or other conditions that would be objectionable to the neighborhood. The city has not received any complaints about the preschool in the last five years. 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? Daycares are similar to schools, which are commonly located in or adjacent to residential neighborhoods where they are generally not viewed as a nuisance. 4 TENTATIVE APPROVAL CONDITIONS 1) The special permit shall be personal to the applicant; 2) The special permit shall be for a day care and or preschool only; 3) The applicant shall comply with all necessary state licensing requirements; 4) The applicant shall continue to maintain the fenced playground as currently developed on the site; 5) The pick-up and drop-off area for children shall not be in the public right-of-way; 6) The special permit shall be null and void if the applicant has not obtained a City of Pasco business license by April 1, 2010. RECOMMENDATION MOTION: I move to close the hearing on the proposed daycare/nursery school and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the December 17, 2009 meeting. 5 'CI nity Item: Special Permit - Preschool V Applicant: Imagination Studios N Map 09-008 File #: SP 'i ___j-- City-Limit W WERNETT RD - �I' +�Q YA tj It, v - .'s � f BUTTERNUT CIRCLE �r- SILVERCREST_CT NIAVE Q _ 1`� oil RO;SECREEK CT AGATE ST _ �" �- — � `'� SITE r _..._ . . .� �. TERIRAY CT �, �; !� a li ,:` n r � 'rte. N�• 4a �. � `�� � . _r` t ao` Li m w�BLUr.E`MSTAR wa 1 <<. Land Item: Special Permit - Preschool Use Applicant: Imagination Studios N Map File #: SP 09-008 7 Ci'ty-Li'm'It W WERNETT RD Q SFDU 's m BUTTERNUT CIRCLE F-- SILVERCREST-C-T MAVE. SFDU 's Q LEEK CT O 74-ity-bimi-t- --TE-ST TSITE ER_R A e SFDU 's Ys� a� Church v o 0 COURT ST z o J-City-L-im'it J �o o� 'U a BL.U:E-STAR m , O IV x Y-L'N SFDU s �GOLO� v L�j Item: Special Permit - Preschool Zoning Applicant: Imagination Studios N Map File #: SP 09-008 �tr Li I—M.'it W WERNETT RD Ci Q Q O RS-20 BUTTERNUT CIRCLE (County) RS-20 -- -CT 2O SILVERCRES T MAVE. 0 o RO'SECREEK CT O F- 71aity-L-Iffill RS=20 AGATE ST (Count y TER_RAY CT SITE ��eYS RS- 12 CO RS-20 N 0 o' COURT ST z E z-City-L-im�it J r '� j 2 a LR=S= 11PUD ? m O BL.U:I STAR RS-20 R-2 I VA - \\zl �9- C= 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP09-011 APPLICANT: Pasco School District HEARING DATE: l/2 1/10 1215 W. Lewis St. ACTION DATE: 2/18/10 Pasco WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Master Plan for the location of portable classrooms on school sites throughout Pasco. 1. PROPERTY DESCRIPTION: Legal: Not Applicable General Location: All elementary schools, middle schools, and Pasco High School in the City of Pasco. Property Size: School sites vary in size. 2. ACCESS: All schools within the City of Pasco are served by one or more City streets. 3. UTILITIES: All schools within the City of Pasco are served by municipal utilities. 4. LAND USE AND ZONING: Most schools are located in R-1 (Low Density Residential) zones. Rowena Chess Elementary and the new Virgie Robinson Elementary are located in C-1 (Retail Business) zones. Ochoa Middle School is located in an R-1 (Low Density Residential) and a C-3 (General Business) zone. Schools are not restricted by zoning districts. All Schools require review through the special permit process prior to issuance of permits for construction. 5. COMPREHENSIVE PLAN: Plan goal CF-5 suggests provisions should be made for educational facilities throughout the Urban Growth Area. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of non-significance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. 1 ANAYLSIS Pasco is one of the fastest growing cities in the State of Washington. The population of the City has increased by 24,000 new residents or 75% since 2000. This population growth has increased student enrollment in the Pasco School District. Within the same time period, the Pasco School District has constructed three new elementary schools, a middle school and a high school. In 2009, 467 new housing units were permitted for construction. With Pasco's household population of 3.3, the 2009 housing starts represent another 1,500 residents. As the population continues to grow the School District will experience a steady increase in student enrollment. Since 2000, school enrollment in Pasco has increased by almost 3,700 new students. There are now about 14,000 students in the Pasco School District. Increases in student enrollment will create a need for additional classroom space. In addition to new school buildings, the School District relies on portable classrooms to meet their needs. From time to time the School District will locate additional portable units at schools that are in the most need for additional classroom space. Any major building construction on a school site, such as the placement of a portable classroom, requires review by the Planning Commission and the granting of a special permit. Because there will be a growing need for additional portable buildings at multiple school sites over the next 10 years, the School District has submitted an application to receive approval of a master plan for various sites. The previous portable master plan approval expires in April of this year. In Pasco, the City Council has granted approval of master development plans for Columbia Basin College, Tri-Cities Prep and Kings Point Christian School. Every school site in Pasco, and the facilities thereon, has been the subject of one or more special permit hearings in the past. Each neighborhood had an opportunity to provide input on school site development. Most of the special permit applications for recent school building have included the general location for future portable classrooms. The approval of a master development plan for future portable classrooms will reconfirm past special permits and provide the school with the flexibility to respond quickly to classroom needs at individual school sites. 2 INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1) Schools are generally located in or near residential neighborhoods; 2) The population of Pasco has increased by 75% since 2000; 3) The population increase in Pasco has increased enrollment in the Pasco School District; 4) School District enrollment has increased by almost 3,700 students since 2000; 5) The Pasco School District student population has been growing by about 525 new students each year; 6) Increases in school enrollment have increased the need for short term and long term classroom space; 7) There are ten (10) elementary schools within the City limits; 8) There are three (3) middle schools within the City limits; 9) There are two (2) high schools within the City limits; 10) There is one alternative middle school/high school in the City limits; 11) Portable classrooms play an important function in providing needed classroom space for Pasco students; 12) All school sites and school buildings in Pasco have been reviewed through the special permit process one or more times in the past 20 years; 13) Comprehensive Plan goal CF-5 suggests provisions should be made for educational facilities throughout the Urban Growth Area. CONCLUSIONS BASED ON 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 conclusion 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? Plan Goal CF-5 suggests adequate provisions should be made for educational facilities throughout the Urban Growth Area. 2) Will the proposed use adversely affect public infrastructure? 3 All school sites are fully served by City utilities. All schools in the City are served by one or more local of collector streets. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? Schools are typically located in or near residential neighborhoods. Schools and supporting facilities, (parking lots, sports fields and portable classrooms) are an accepted part of the character of residential areas. All school sites in Pasco have been the subject of past special permit hearings to review compatibility with neighborhoods. 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 Portable classrooms are minor additions to school sites that have been previously approved for development and use by the City Council. The location of schools, particularly elementary schools, encourages development of homes in residential neighborhoods. 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? All public schools in Pasco, except the new high school, have portable classrooms on site. As the student population has increased over the years additional portable classrooms have been added. These portable classrooms have been used for many years to provide additional classroom space for students. The location and use of portable classroom buildings has not created additional vibrations, dust, traffic or other conditions that may be objectionable to neighboring property owners. Portable classrooms on school sites are typically accepted by neighborhoods as standard school site improvements. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? Schools are generally accepted uses in or near residential neighborhoods and generate few nuisance complaints or public health/safety concerns. 4 (PROPOSED) APPROVAL CONDITIONS 1) The special permit shall be personal to the applicant; 2) Portable classrooms shall be developed in substantial conformity with the site plans submitted with the application; 3) The special permit shall expire on April 1, 2020. RECOMMENDATION MOTION: I move to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for the City Council for the February 18, 2010 meeting. 5 E -, 1 CAPTAIN GRAY EARLY LEARNING CENTER -- - _ - - - - - - - - - - - - - - _ WEST COURT STREET uj CD 111 III Q \ � I I i I 5i1 I I _ ® I. Z, I P. 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Y? s;-• S:'v�5;•'r'2`>, V'xs: .<;;"3"es;:ar^r, i. t s s.: 'x:' J,,�•.•.•'"t`�,, •r; 4�i rtij yr "_•t3i:i ..a ie�,'h•. ..,,..t ....w>•3.r•'-.i:3':' :° .. •;` '� k.,,.' t ,a .fix c, r':,: 33� ��:> s s:• :k,�it:�•�.?s...£!�s,... ,.ta:.ts.,�,oY`a,, 'x:..s.,...n3'�'s�l*u`^T ..�.$t>�r'•:+.x... :4�'c>�''4..41..,�..an,.3'>: ..:5<., • :.. .. '�4 :s s.'¢„i:i{,Ss:Y�°'� ., � a�'t.,•.d:::s�.`�: :?; >,;;.ws`•.�^�•�,.'::d.:4F'',�'.S-h;�!`�$ rtt>�t��,3,1�:'� : 'tlf......... r:a�is.�''.c"'�', ..h • PASCO SCHOOL DISTRICT NO. 1 Plan Pta ,��� - 3� ,a,G��s SPECIAL PERMIT APPLICATION DECEMBER 7, 2009 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP-10-002 APPLICANT: Pasco School District #I HEARING DATE: 2/18/10 1215 W Lewis St ACTION DATE: 3/18/10 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of an Elementary School in an R-1 District. (Sandifur Parkway 8s Road 60) 1. PROPERTY DESCRIPTION: Leal: The easterly 564' of the southerly 846' of the southeast 1/4 of the northwest 1/4 of Sec 10, T 9 N, R 29 E, W.M., except that portion lying southerly of the north right-of-way line of Sandifur Parkway. General Location: Northwest corner of Sandifur Parkway and Road 60 Property Approximately 8 acres 2. ACCESS: The site is adjacent to Sandifur Parkway and Road 60. 3. UTILITIES: A 12" water line is located to the south in Sandifur Parkway and to the east in Road 60. The water line in Road 60 extends about 125 feet north of Sandifur Parkway. Sewer service for the site has been extended east in an easement from Coppercap Mountain Lane to the City park site to the north. The water line will need to be extended in Road 60 to coincide with the construction of the proposed elementary school. 4. LAND USE AND ZONING: The site is currently zoned R-1 (Low Density Residential) and is vacant. Surrounding zoning and land uses are as follows: NORTH- R-1 Vacant future park site SOUTH- R-1 Single-Family EAST- R-S-20 County-Residential WEST- R-1 Single-Family 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for low-density residential. Goal CF-5 suggests adequate provisions should be made for educational facilities located throughout the urban growth area. Policy CF-5-A encourages the appropriate location and design of schools throughout the community. Goal TR-1 encourages the creation and maintenance of an effective and convenient street system. Other transportation policies (TR-1-E 8v TR-1-F) discourage through traffic in residential neighborhoods and encourage the disbursement of 1 traffic through an interconnected network of streets. Various utility goals and policies encourage the extension of water and sewer service in the Urban Growth Area (UF-1, OF-1A & OF-1-E). OF-D-1 suggests irrigation distribution lines be distributed with development where there are irrigation districts. The City now maintains and operates an irrigation system in the general area around the proposed school site. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-significance (DNS) has been issued for this project under WAC 197- 11-158. ANALYSIS The site in question was identified during the preliminary plat process for the Three Rivers Crossing development as a future school location. To ensure the site would remain available for a school at some future date the School District purchased the property in 2004. Schools are conditional uses and may be permitted within the R-1 zoning district only after review through the Special Permit process. Even though the School District purchased the property in question 6 years ago the proposed school is required by the Municipal Code to be reviewed through the Special Permit hearing process. Pasco currently has eleven elementary schools (the School District has one additional elementary school [Edwin Markham] outside the Pasco UGA.) With the recent growth in population (Pasco's population has more than doubled in size since 1997) and student enrollment, the School District needs to construct another elementary school. Elementary school enrollment in Pasco has increased by an average of about 365 new students per year for the last decade. This year the elementary enrollment increased by over 400 new students. The State Office of the Superintendent of Public Instruction estimates Pasco's elementary enrollment will increase by 2,500 students over the next 5 years. This continued growth in school enrollment will create the need for additional elementary schools. To address part of the need for additional school space the District is proposing to develop the site in question with a 69,330 square foot elementary school similar to Maya Angelou and Virgie Robinson. The two story building will have classroom space for 730 students. The site will contain public parking and bus loading off Road 60. The school site is the same size (8 acres) as the Maya 2 Angelou site. A future neighborhood park will be developed immediately to the north of the school site, and will help provide necessary open space for student use. The proposed site is not fully improved with necessary infrastructure. City codes require concurrent development of street, sidewalks and utilities whenever a new building is constructed. In the case of the proposed elementary school site, this would involve improvements on Road 60 and Sandifur Parkway. These improvements will include street construction and paving, installation of curb, gutter, sidewalk, street lights, handicapped ramps, signage, lane striping, street drainage, utilities, fire hydrants and any necessary speed-reduction modifications needed by the School District. Modifications to the sidewalks may be needed along Sandifur Parkway. The PUD overhead power lines bordering the site will need to be placed underground. Hayden Homes, the developer of the Three Rivers subdivision, previously undergrounded most of the overhead power lines along Sandifur Parkway. The School District is responsible for undergrounding the portion that remains overhead. With respect to traffic-related issues a signal warrant test will be needed to determine when a signal should be installed at Road 60 and Sandifur Parkway. The I-182 Subarea Transportation Plan identifies the proposed school but the plan does not identify a need for a traffic signal at Road 60 and Sandifur Parkway. The Regional Transportation Analysis model used by the Regional Council does not include elementary schools in the data used to identify future traffic impacts because elementary schools do not impact the peak hour traffic conditions in the way other land uses do. Based on the Institute of Traffic Engineers Trip Generation Manual (71h Ed) an elementary school with 730 students on average can be expected to generate about 941 vehicle trips per day. That would amount to $40,463 in traffic impact fees. If the site was fully developed with single-family homes about 300 vehicle trips could be expected per day. Most of the schools in Pasco including the Pasco High School and Chiawana High School are located in residential zoning districts. An on-line search of the Franklin County Assessors records (February, 2010) revealed that many of the residential properties located near the existing Maya Angelou Elementary School have increased in valued since the school was built. The Maya Angelou neighborhood was not fully developed until after the school was built. This provides a good indication that elementary schools do not discourage the development of permitted uses on property in the general vicinity of a school or impair the value thereof. Recent development around the McGee Elementary School also provides another example of a residential neighborhood that developed after a school was constructed. 3 STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. 1. The site is located in an R-1 zone. 2. The site was identified during the preliminary platting process as a location for a future elementary school. 3. The Pasco School District purchased the site in 2004 for a future elementary school. 4. Schools are conditional land uses in the R-1 zone and require review through the special permit process prior to permitting for construction. 5. The site is within the city limits of Pasco. 6. The Comprehensive Plan identifies the site for low-density residential uses. 7. The site is currently vacant. 8. Comprehensive Plan Goal OF-5 suggests that adequate provisions should be made for the location of educational facilities throughout the urban growth area. 9. Various utility goals and policies (UF-1, OF-1A, OF-1E & OF-D-1) within the Comprehensive Plan encourage the extension of water, sewer and irrigation lines within the UGA. 10. Water service is located in Sandifur Parkway. 11. Water service extends north on Road 60 approximately 125 feet northerly of Sandifur parkway. 12. Road 60 is not completely developed with standard street improvements. 13. Road 60 lacks the necessary right-of-way for a fully developed street. 14. Overhead power lines are located along the southern and eastern edge of the site. 15. City development standards require off-site street and utility (sewer, water, irrigation & etc) improvements to be constructed or installed concurrently with site development. 16. Off-site street improvements include but are not limited to street construction and paving, installation of curb gutter and sidewalk (7' wide), street lights, handicapped ramps, signage, lane striping, street drainage, speed-reduction modifications, fire hydrants and the undergrounding of overhead power lines. 17. According to the Institute of Traffic Engineers Trip Generation Manual (7th Ed) a 730 student elementary school will generate about 941 vehicle trips per day. 4 18. If developed with single family homes the site would generate about 300 vehicle trips per day. 19. The Pasco School District enrollment has grown from 8,048 in 1997 to 14,437 in the 2009-2010 school year. 20. The Office of the Superintendent of Public Instruction estimates Pasco's elementary school enrollment will increase by another 2,500 by 2015. 21. Residential development near the existing Maya Angelou Elementary School indicates elementary schools do not negatively impact the value of surrounding homes or the intended development of residential neighborhoods. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The proposed use supports the following plan goal CF-5 that suggests adequate provisions be made for educational facilities throughout the Urban Growth Area. Transportation and utility policies support city standards that require the extension of streets and utilities in conjunction with development. To be in accord with the Comprehensive Plan the proposed elementary school development would also need to include the development of utilities through the length of the site and development of corresponding street improvements. 2) Will the proposed use adversely affect public infrastructure? Development activities within the City are required to install or improve all necessary public infrastructure concurrent with development. Construction of the proposed elementary school will require street improvements, street lighting, sidewalks, fire hydrants, street drainage, signage, the installation of water lines and all other items required in the standard specification of the City. Required improvements will enhance public infrastructure facilities in the area around the proposed school site. The proposed school will generate about 600 more vehicle trips per day than if the site was fully developed with homes. However, the operations of elementary schools do not fully correspond with 5 surrounding peak hour traffic. The sewer system was designed with a stub specifically to service the proposed school. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed elementary school has been designed to complement the existing and future neighborhood by providing generous yard setbacks, landscaping, screening of mechanical equipment and a pitched roof line to moderate the school's height in keeping with typical pitched roofs of residential homes. Elementary schools are typically located in or near residential neighborhoods and are an accepted part of the character of residential areas. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The construction of schools in residential neighborhoods often encourages development of nearby properties. Residential development around the Maya Angelou and McGee schools was not completed until after the schools were in place. An on-line search of the Franklin County Assessors records (February, 2010) revealed that values of many residential properties located near the existing Maya Angelou Elementary School have increased since the school was built. 5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? Experience has shown that schools within Pasco generate few complaints from neighbors. Elementary schools typically are not a source of dust, fumes, vibrations or flashing lights. The proposed school could generate up to 940 vehicle trips per day. During weekends, the summer break, and other break periods very little traffic will be generated. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The elementary school will be constructed to meet all requirements of the International Building Code, the fire code, the plumbing code, all other construction codes and state regulations pertaining to elementary school construction. The building will be required to have fire-rated corridors, area separation walls, sufficient exiting and fire sprinkler systems to ensure the 6 safety of the public. The construction of sidewalks and street improvements will address pedestrian and traffic safety issues. Schools have a long history of being accepted in residential neighborhoods. In most communities schools, including elementary schools, are located in or near residential neighborhoods. RECOMMENDED APPROVAL CONDITIONS 1. The special permit shall be personal to the applicant. 2. The elementary school and school site shall be developed in substantial conformity with the site plan and building elevations submitted with the special permit application. 3. No driveway on Road 60 may be located closer than 270 feet from the center of the intersection of Road 60 and Sandifur Parkway. 4. One driveway will be permitted on Sandifur Parkway. The driveway shall not be located closer than 350 feet from the center of the intersection of Road 60 and Sandifur Parkway. This driveway shall be exit only. 5. Road 60 abutting the school property shall be improved to arterial street standards meeting all applicable regulations and Construction Standards of the City Engineer. Improvements shall include but not be limited to curb, gutter, sidewalk and street lighting along the school side of the street. 6. The complete road width for Road 60 shall be 48 feet; the Pasco School District shall be responsible for constructing the full road width, including the intersection of Sandifur Parkway and Road 60, from Sandifur Parkway north to the first school driveway. Full road width shall include curb and gutter and any required storm water retention facilities on the east side. Minimum of 28 feet of road width shall be constructed for the remaining portion of Road 60. 7. Sidewalks shall be off-set to match surrounding subdivisions on Road 60 and Sandifur Parkway 8. The planting strip between the curb and the off-set sidewalk must be planted in lawn and trees at 50-foot intervals. The type of trees and landscaping plan must be approved by the city prior to installation. 9. All costs associated with speed reduction/modification including but not limited to flashing lights, signage, pedestrian sensors, safety and crosswalks shall be paid for by the School District. 10. All street/roadway signage abutting the property and offsite, is to be provided by the school district and must be per the most current MUTCD 8v City of Pasco construction standards. 7 11. The School District shall identify and provide all necessary accommodations for pedestrian school routes along Sandifur Parkway and Road 60. 12. No mid-block crosswalks will be permitted. 13. The School District shall pay the traffic mitigation fee in effect at the time a building permit is issued. 14. The School District shall prepare a dust control mitigation plan to be submitted with the building permit application. 15. All utilities, storm water facilities, and infrastructure improvements shall be designed and constructed to meet the standard specifications of the City Engineer. The School District shall be responsible for extending the 12 inch water line north in Road 60 to the edge of the school site 16. The School District shall install a 12 inch irrigation line along the length of the school site in Road 60. 17. The School District shall dedicate the east 10 feet of the site for additional Road 60 right-of-way. 18. No sports field lighting shall be permitted. 19. The special permit shall be null and void if a building permit has not been obtained by May, 2012. RECOMMENDATION MOTION: 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 March 18, 2010 meeting. 8 'C*H 'ty Item: Elementary School in R- 1 Zone Vin Applicant: Pasco School District N Map 10-002 File #: SP A0 OL *TH!REURI►MAWSIf[O 6 FF \Q Q Z Lo S D�AMON POINT•DR `n = Q C ir p a O LU Uj r ALPINE LAKES DR Q - ? OVERTON RD o v _ Oa v NI'SQUALLY DR i SITE LU _ p - `ENZIAN FALLS DR: r • t - $ANDIFUR PKWY . aim I (� ROBIN$ON DR _ ! I - r ?. - , a s s — �' ORIOLE DR - 'j- FFERSON-DR o r !' 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LAND USE AND ZONING: The property is zoned RT (Residential Transition) and contains a farm, a single-family dwelling. Site has been partially mined for gravel. Surrounding properties are zoned and developed as follows: NORTH: COUNTY-R-S-40 8v RC-5 - Farm land and vacant land SOUTH: RT-Central Pre-Mix gravel pit and related operations EAST: RT-Vacant land WEST: COUNTY RT—Farm land 5. COMPREHENSIVE PLAN: Long range, the Comprehensive Plan designates this area for Single Family Residential development. However, the Resource Lands Chapter of Vol. II. designates the property as resource lands. The Comprehensive Plan points out that minerals resource lands should be protected for the extraction of minerals (RCW 36.79A.060 (1)(a). 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, 1 and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) has been issued for this project under WAC 197-11-158. ANALYSIS Gravel mines and quarries are listed as unclassified uses in PMC Chapter 25.86 and as such are required to be reviewed through the special permit process before locating anywhere in the City. The property in question has been issued special permits in the past by both the City and County for gravel mining operations. The property is currently under two different permits. 73 acres is covered by a City special permit that expires in the year 2028 and the balance is under a County special permit that expires in 2014. The applicant is requesting that all of the property be consolidated under one Special Permit. Only about 25 acres of the site has been mined. The Rocky Hills property (formerly the Wilson property) is designated under the Resource Lands Chapter of the Comprehensive Plan as a mineral resource area. The Growth Management Act (GMA) requires each City and County in the State to designate mineral resource lands that are not characterized by urban development and which have long term commercial significance for mineral extraction (RCW 36.70A.170). The GMA requires communities to protect mineral resource lands for mineral extraction once the lands have been so designated. Gravel mining has occurred in the general location of the Rocky Hills site since the 1950's. The adjoining property to the south and east (owned by Dale Adams) has been granted special permits for sand and gravel mining. The property is under lease to Central Pre-Mix who has been operating a gravel pit on the property since 1956. Prior to that time gold was mined on the property. Central Pre-Mix produces various types of crushed rock, gravel products and ready mix concrete from gravel that is or has been mined on both the Rocky Hills property and Mr. Adam's property. In 2009 Central Pre-Mix was granted a special permit to also operate a hot mix asphalt plant. The Central Pre-Mix gravel mining facility is only one of three major functioning gravel pits within the Tri-Cities area. However, the Acme pit in Richland is basically depleted and will no longer provide significant amounts of gravel. Because gravel products are a critical component for construction they therefore have an impact on the economy of the community. The Comprehensive Plan recognizes this and suggests there is a need to protect the lands around the Central Pre-Mix mining operation for future mineral production. 2 Due to the lack of infrastructure in the area, current development potential of the property in question is limited to land intensive uses. This proposal does not need the types of infrastructure that support residential or commercial development. The site is located a mile west of the Broadmoor Blvd/Road 100 Interchange and considering the lack of infrastructure and the development planned between Road 68 and Broadmoor Blvd., it is unlikely the Rocky Hills property will develop in the near future. If changing economic conditions warrant a change in land use, the applicant can simply not utilize the special permit and develop his land with permitted uses. In 2009 the City Council adopted the Broadmoor Concept Plan that identifies development issues and opportunities for the Broadmoor area west of Broadmoor Boulevard. In addition to explaining development constraints created by gravel mining operations in the area the plan also discusses river oriented development opportunities for the expired gravel pit areas. While gravel mining operations will continue for at least 15 more years, perhaps longer depending on the pace of extraction, further discussions will be needed with the property owners and Central Pre-Mix to refine development objectives and solutions to development constraints for the area. The special permit if granted by the City regulates the land use only. Several other governmental agencies monitor sand/gravel extraction activities to assure compliance with associated environmental regulations. Mining permits are required by the Department of Natural Resources and an air source permit and a storm water discharge permit are required from the Department of Ecology. A reclamation plan is also required by the Department of Natural Resources which regulates the closure of gravel pits. Given the quality of the aggregate found on the applicant's property and the lack of other mineable sites in the urban area. The applicant has requested that a special permit be granted to allow gravel mining until the year 2035. The applicant feels that a permit with such a time frame would help insure the availability of the gravel resource without it being lost to other land uses. Past gravel mining special permits (Wilson 8v Central Pre-Mix) have been granted for a period of 30 years. The applicant is seeking a permit for 25 years which is seven years beyond the current permit on the property and 10 years beyond the Central Pre- Mix permit. For consistency and to avoid confusion over the various gravel mining special permits it may be appropriate to grant the new Rocky Hills permit only to the year 2025. The applicant has the option of requesting further review of the Special Permit in ten or fifteen years if additional time is needed for extracting gravel. 3 STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. 1. The site is located in an RT zone. 2. The site is within the Urban Growth Boundary 3. The Resource Lands Chapter of the Comprehensive Plan designates the property as a resource land area. 4. The Comprehensive Plan identifies the property in question as lands containing one of the best gravel deposits in Franklin County. 5. The GMA requires mineral resource lands to be protected for the extraction of minerals (RCW 36.79A.060 (1) (a). 6. In the past the property has been granted special permits from both the City and County for gravel mining. 7. Part of the site has been mined by Central Pre-Mix. 8. The site is being farmed and contains one farm house. 9. The site is not served by water and sewer service. 10. Surround lands to the west, north and east are vacant or are being farmed. 11. The Central Pre-Mix gravel pit, rock crusher, ready-mix plant and related facilities are located directly south of the site. 12. Central Pre-Mix was granted a Special Permit in 2009 to operate a hot mix asphalt plant to the south of the Rocky Hill property. That Special Permit expires in 2025. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT The Planning Commission must make findings of fact based upon the criteria listed in P.M.C. 22.80.060. 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 "Resource Lands" of the Comprehensive Plan identifies the property in question as mineral resource land containing one of the best gravel deposits in Franklin County. The Plan also suggests these lands should be protected for mineral extraction. Mining gravel on the applicant's property would be consistent with the Comprehensive Plan. 4 2) Will the proposed use adversely affect public infrastructure? The proposed land use does not require sewer and water service. Municipal utilities would interfere with the proposed gravel mining process. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The surrounding properties are vacant, being farmed or mined for gravel and sand. The proposed mining operation will be consistent with mining operations to the south and the special permits issued for mining on the adjoining lands. According to the Comprehensive Plan and the Broadmoor Concept Plan the ultimate use of the property will be primarily low density single-family residential once the mining operations have finished. Portions of the site near the Central Pre-Mix pit area will be devoted to mixed residential and commercial uses. density single-family residential once the mining operations have finished. 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? This proposal will not involve the construction of permanent structures and will be identical to previously special permitted uses on the property and adjoining properties. 5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? Nearby properties are being mined, farmed or are vacant and under lease to be mined. The nearby farming operations, rock crusher, and concrete batch plant presently create as much or more dust, noise and odor as does the proposed use. The property to the south has been granted Special Permits for the operation of a hot mix asphalt plant and for graveling mining and related activities. These Special Permits expire in 2025. Central Pre-Mix has the option of requesting further review of their Special Permits if additional time is need to retrieve gravel. Drawing comparisons between permitted uses in the RT zone is difficult because only farming and large lot residential (5 acres) development is permitted in the zone. 5 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? The proposal will make available a needed resource to the community in general which is important for continued growth and welfare of the community. The present mining operations nearby by do not endanger public health. This proposal will allow the continuation of the existing mining operation and will not be a nuisance to the existing Central Pre- Mix operations permitted by special permit. The site is designated as a mineral resource area and is to be protected for the extraction of minerals. Permitted uses such as housing will not occur until the mineral extraction is completed. Recommended Approval Conditions 1) The special permit shall be personal to the applicant; 2) The special permit shall apply to Farm Unit # 84; 3) The scope of the approved activities includes sand/gravel extraction, storage of gravel and storage of equipment utilized in the extraction process; 4) The applicant shall obtain and maintain all necessary governmental permits for the operations permitted by this special permit; 5) This special permit shall expire on January 1, 2025. RECOMMENDATION MOTION: I move to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a City Council recommendation for the City Council for the March 18, 2010 meeting. 6 'C*H 'ty Item: Gravel Mining in RT Zone Vin Applicant: Rocky Hills Management N Map Fi le #: SP 10-001 ".,l 14 r � SITE r r i a ` _ a - „T^ -HARRIS-RI _ Land Item: Gravel Extraction in RT Zone � Use Applicant: Rocky Hills Management - N - Map File #: SP 10-001 Farming Lu I � Farming Vacant o U SITE \ Gravel Crity-bimi. Extraction HARRIS RD Zoning Item: Gravel Extraction in RT Zone Applicant: Rocky Hills Management N Map File #: SP 10-001 RS-40 (County) a � RT o (County) SITE � RT crityr-im"i REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 10-003 APPLICANT: Martin Cortes HEARING DATE: 2/18/2010 715 8th Avenue ACTION DATE: 3/18/10 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of an Auto Body Shop in a C-3 (General Commercial) Zone. 1. PROPERTY DESCRIPTION: Legal: The north 390' of west 130' of the northeast 1/4 of the northeast 1/4 of the southeast 1/4 of Sec 28, T 9 N, R 30 E, EXC that portion lying within PSH#3 and EXC the west 20' thereof. General Location: 2700 East Lewis Place Property Size: Approximately 1 acre 2. ACCESS: Access from East Lewis Place to the rear of the property is very limited. 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The site is zoned C-3 (General Retail) and contains Speedy Tires & Cortes Upholstery. The zoning and land use of the surrounding properties are as follows: NORTH - 1-1 (Light Industrial) Excavation Contractor Storage Yard SOUTH - C-3 (General Retail) Box Car storage and repair yard/single family dwelling EAST - C-3 (General Retail) Automotive Wrecking Yard WEST - C-3 (General Retail) Automotive Scrap Yard 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 proposal is consistent with the Plan as well as surrounding land uses. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a Determination of Non-Significance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. 1 ANALYSIS The applicant is proposing to locate an auto body restoration business at 2700 East Lewis Place. Four structures are located on the 1-acre site which currently contain an automotive tire shop, an automotive service and repair facility and a dwelling unit. The automotive tire and service businesses have been operational for many years. The property has also been the site of ongoing code enforcement issues. In November of 2009 the property owner was issued a correction notice to discontinue the unlicensed auto painting shop and remove all equipment. Several years ago the property owner was issued a correction notice for the same violation. At that time the painting equipment was removed. However the auto painting was again discovered on the property in the fall of 2009. According to the definition of an "Auto Body Shop" in Pasco Municipal Code said use includes improvement and restoration of automobiles by sanding, priming, painting, straightening and other like repair and restoration. Effects of this use often include noise and emissions. Auto Body shops are listed as Permitted Conditional Uses in C-3 zones and are thereby required to obtain a special permit prior to establishment. The special permit process provides an opportunity to review proposed land uses to determine whether or not conditions can be applied that will ameliorate any possible negative impacts to surrounding uses. In the case of an auto body shop sight screening, sound walls and the proper use of spray booths and ventilation equipment can all be used to lessen negative impacts to adjoining properties. The property in question contains four separate structures that were constructed in the 1940's. The two buildings in the rear of the property are in poor condition and appear to be nothing more than storage sheds. The auto body paint booth will be placed in the southernmost building. Access to the two structures on the south end of the property is almost totally blocked by the two buildings that face East Lewis Place. What appears to be an alley on the west side of the property in question is actually private property. The alley on the east side of the property is part of the Bradley Auto Wrecking property and is an easement for the parcel to the south. The property in question only has access from East Lewis Place through a narrow opening (11 to 12 feet wide) on the west side of the main building facing Lewis Place. The access point is too narrow for two vehicles to pass and is inadequate for emergency vehicles. Fire lanes are required to be at least 20 feet wide. Use of what appear to be alleyways on either side of the property has been a source of contention between property owners. The applicant does not have use of the alleyways for access. The access easement on the east side of the property serves the parcel to the south as both a means of access and as a fire lane for emergency vehicles. Due to 2 the poor access, the business operators on said property often park in and block the fire lane serving the property to the south. The current businesses located on the site tend to stack large piles of tires and automotive parts around the property restricting circulation around the buildings and through the site. These conditions have resulted in the issuance of correction notices from Code Enforcement. A correction notice in November of 2009 required the removal of a large pile of old tires along with the unauthorized auto painting equipment. With 9,000 square feet of buildings covering the site 30 parking space are required under the zoning regulation. There are about 9 parking stalls along Lewis Place. There does not appear to be any paved customer parking anywhere else on the property. Access to the rear of the property for possible parking for customers is nonexistent due to the location of a power pole and the manner in which the property has been maintained. The property is currently a non-conforming property. The overall condition of the property and lack of access makes this site a poor location for an auto body shop. The limited access makes it difficult for emergency responders to access the building. The ongoing code enforcement problems associated with this property is demonstrative of the property owner's inability to maintain the site in conformance with the very strict site and development standards required for auto body paint booths per Sections 1503 and 1504 of the International Fire code. On February 8, 2010 a property owner included in the 300 foot radius notification brought to the attention of staff that the street address indicated on the notice was incorrect. To assure proper notification was given to the public, a corrected radius notification was mailed out on February 10, 2010. As a result of the correct notification being delayed, staff recommends continuing the Public Hearing to the subsequent Planning Commission meeting on March 18, 2010. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is zoned C-3 (General Business); 2. The site is approximately 1 acre; 3 3. The Comprehensive Plan designates this site for commercial uses; 4. Auto Body shops are classified as Permitted Conditional Uses in the C-3 Zoning District; S. The property is not connected to city water service and there is no sewer service available; 6. The site currently contains a tire shop and an automotive repair shop; 7. The site contains four structures built in the early 1940's; 8. The structures proposed for the auto body business are in poor condition per the Franklin County assessor records; 9. The buildings proposed for the auto body shop are not constructed with fire resistive materials; 10. Access to the rear of the property is through a narrow 11 to 12 foot wide driveway on the west side of the tire shop facing Lewis Place; 11. Fire lanes are required to be a minimum of 20 feet in width; 12. The alleyway to the west is private property attached to a parcel to the south of the proposed auto body site. The applicant does not have the right of access on this parcel; 13. The alleyway to the east of the proposed auto body shop site is an easement for access to the parcel to the south. This easement is also a fire lane for the house that is located to the south; 14. The business operators on the proposed site have been issued correction notices for blocking the fire lane to the property to the south due to the lack of parking and access to the property in question. 15. The property owner has a history of disregarding the municipal code by permitting unlicensed and unapproved auto body shops to operate on his property. TENTATIVE 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 Comprehensive Plan designates this site for commercial uses. The Comprehensive Plan is the enabling document for local development codes. 4 The use of the property in question for an auto body shop under current conditions is not in accord with the building code, fire code and zoning code. 2) Will the proposed use adversely affect public infrastructure? Parking on the site is limited. Additional business activity will impact the limited parking that stacks into East Lewis Place. The current business operator installed two lifts without permits in the limited parking area thereby exacerbating the parking congestion problem. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The site is surrounded by other intense automotive commercial businesses. If the site was developed with proper access and parking along with buildings constructed to acceptable fire code standards the proposed auto body shop would be in harmony with surrounding 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? The site design discourages the use of the property for business activities. An auto body shop on the site is not appropriate due to the lack of access, poor site design and the poor condition of existing structures. 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 operation of an auto body shop adjacent to auto salvage yards typically would not be objectionable to nearby properties. However the poor conditions on the property in question and lack of access make this site a poor candidate for an auto body shop. Fire safety and the safety of emergency personnel would not be served by permitting an auto body shop at this location. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? The use of flammable materials associated with auto body shops can create a safety concern for nearby properties. In this case poor site development, lack of access, poor quality buildings, the numerous code violations on the 5 site all suggest the proposed use will endanger health and safety and could become a further nuisance to adjoining properties. Due to the lack of access around the buildings on the site the response and safety of emergency personal may be adversely affected. PROPOSED CONDITIONS OF APPROVAL Staff can not recommend this site be approved for an auto body shop. RECOMMENDATION MOTION: I move to continue the Public Hearing on the proposed Auto Body Shop to the March 18, 2010 meeting. 6 'C*H 'ty Item: Auto Body Shop in C-3 Zone Vin A pplicant: Martin Cortes N Map 10-003 File #: SP e h r . ru SITE ' � w EAST LEWIS PLACE - - rT 74 maw rFF + '{ 6 .;c tM'f^ *��L 3_f�. I �` _ ,T•. - '>i �',-=°'� r=. � ew3'�� -f r �! 4 r FFT ►�� T r, w_ R ri P �: r r , T Iy y I r .�-•;` I� �f�Rr r pFp Pf�pf i -- PP 5 Q 1 r f� �PF!'�i���t!fAFA^/'�`���A"> �� n �.%^ ang',����. -f r^Win. �Z ,�T'�wM� ,. '�.wo,�.'q��'�-�'•'a•e Land Item: Auto Body Shop in C-3 Zone Use Applicant: Martin Cortes N Map File #: SP 10-003 Res. Res. Heavy Commercial/ Industrial Vacant s SITE EAST LEWIS PLACE Mobile Home Vacant Park Heavy Commercial/ Industrial z ning Item: Auto Body Shop in C-3 Zone A licant: Martin Cortes N Map File #: SP 10-003 - ') i� --I R-1 -A 4' I-1 C-3 P C-1 SITE c-1 EAST LEWIS PLACE � R-2 � C-3 �I C-3 i I I I Rml =Al R-1 N T,n a awt _ � t �i Y - � �•1y _ _ r 9",7�rr I A 13 'I r s f - 0l §2005 0 13 Re tn� U u O O U V 1 3 '. f j Sfir. H 'p A. `C t o 312009 low r 29 r T f s J y t ' r l 7 t { 13 �� AV 13 ..... ..... T I >;T i � 1 i i � r r a g o0� � � 13 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 10-006 APPLICANT: Ty Gemmell HEARING DATE: 2/18/2010 505 S. 26th Avenue ACTION DATE: 3/18/2010 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a Caretakers Residence in an I-1 (Light Industrial) Zone (505 South 26th Ave.). 1. PROPERTY DESCRIPTION: Legal: The west 147.91' of the east 575.7' of Sec 25, T 9 N, R 29 in the S 1/2 of Government Lot 3, EXC S 495' Thereof. General Location: 505 South 261h Avenue Property Size: Approximately 0.45 acres 2. ACCESS: The site has access from South 261h Avenue 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The site is zoned I-1 (Light Industrial) and contains Gemmell's Welding 8v Services shop. The zoning and land use of the surrounding properties are as follows: NORTH-R-1-A2 Manufactured homes South- I-1 8v RP Indoor shooting range, a single family house 8v manufactured homes East- R-1-A2 Manufactured homes WEST- RP Manufactured homes and former excavation company 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area as mixed residential. The Comprehensive Plan does not specifically address the sitting of caretaker's facilities. Policies of the plan encourage compatibility between land uses and harmony between existing and proposed development. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a Determination of Non-Significance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. 1 ANALYSIS The applicant is proposing to locate a caretaker's facility to provide security to the existing Gemmell's Welding 8s Services shop. The proposed site contains a 2,000 square foot shop building, a number of old vehicles, trailers and antique tractors. The site also contains a concrete RV pad with utility connections. There are no records readily available that indicate why or how the RV pad was installed on the property. Pasco Municipal Code Section 25.70.060 establishes criteria for locating caretakers in commercial and industrial zones through the special permit process. The code requires the caretaker's facility to be utilized for security purposes only, be located on a site at least two times the size of the caretakers' residence and to conform with applicable regulations for residential structures (in this case RV structures). In addition, a special permit for a caretaker's residence may be reviewed annually if requested by property owners within 300 feet of the caretakers unit. In the absence of a request by adjoining property owners the special permit automatically extends. The key criteria for the approval of a caretaker's residence would be whether or not there is a security need on site twenty-four hours per day. Police records would give the Planning Commission a good indication of crime activity on the site in question. According to the Pasco Police Department there has only been one police contact at the site within the last three years. An individual was arrested at or near the site for an outstanding warrant. In the last three years there has been no property crimes reported at the site. The property is located on the private drive portion of 26th Avenue that connects with "A" Street. There are five manufactured homes located directly north or east of the site. These homes are all within 40 feet or less of the site. The site is totally fenced and located on a dead-end private roadway. Twelve occupied dwellings are located along this roadway leading to the site. The site is more or less surrounded by dwelling units that make the area less attractive for burglaries. Police reports bear this out. Unlike other commercial or industrial properties this site is highly visible to neighboring residential properties that are occupied all night long. There is little criminal activity to justify the location of a caretaker's residence on this site. Caretaker residences have been approved in the past for areas of the 2 community that are isolated or sparsely developed. These areas often lack street lights and do not receive regular patrols by police vehicles. Other approved sites have demonstrated need resulting from burglaries. The site in question is not in an isolated part of the city and does not have a history of burglaries. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is zoned I-1 (Light Industrial). 2. The site is located on a dead end private roadway. 3. The site is approximately 0.45 acres. 4. The applicant has requested that an RV be permitted for use as a caretaker's residence. S. The site contains a concrete RV pad that was previously used for the storage and occupancy of an RV unit. 6. The site contains a 2,000 square foot industrial shop building. 7. The site currently contains a welding business. 8. The site contains a number of old tractors, vehicles and equipment. 9. The site is located within the central core of the community. 10. The site is surrounded on the north, east and partially on the west by occupied manufactured homes. 11. The site is fenced on all sides. 12. Twelve dwelling units are located along the private roadway leading to the site. 13. Only one police contact has been made with the property in the last three years. 14. No property crimes or burglaries have been report to the police department from the site in the last three years. 15. An indoor shooting range is located directly south of the site. 16. The Comprehensive Plan designates the site for Mixed Residential uses. 17. The current zoning and use of the site is not consistent with the Comprehensive Plan. 18. All municipal utilities currently serve the site. 3 TENTATIVE 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 plan does not address security issues within the community. The Mixed Residential land use designation is intended to permit a variety of housing types including single-family and multi-family units. The property is non-conforming with respect to the plan. 2) Will the proposed use adversely affect public infrastructure? 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 with existing or intended character of the general vicinity? The existing character of the area is somewhat confused in that the area contains a mixture of residential, commercial and industrial uses. Most of the neighborhood to the east, north and south has transitioned from industrial zoning to residential development consisting of manufactured homes on private lots or in mobile home parks. Much of the neighborhood is developed with manufactured homes. The intended character of the neighborhood is one of single-family dwellings located on landscaped yards and permanently connected to utilities. The proposed use is inconsistent with the intended character of the area. 3) 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 height of the structure is approximately 9 feet while the I-1 Zoning District does not have a height limitation. The surrounding properties were developed previously before the proposal to locate a caretaker's residence. 4) 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? 4 The site is zoned I-1, which allows a variety of industrial and commercial uses, many that typically generate more traffic, noise, fumes, vibrations and dust than the proposed caretaker's residence. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? A caretaker's residence located in this industrial area is much less intensive than most uses allowed in the I-1 district. The safety of the general public will not be impacted by the proposed caretaker's residence. However locating the caretaker's residence behind a fenced compound may create some safety concerns for the delivery of emergency service to the residence. CARETAKER RESIDENCE CRITERIA In addition to the standard special permit review criteria the Planning Commission needs to considered the requirements of PMC 25.70.060 dealing with the permitting of caretakers residences. (1) The caretaker's residence is solely intended to provide security for the established principal permitted use of the property; The proposed site is in a well developed part of the community surrounded by single family dwellings. The site is secured on all sides by fencing. Police Department records indicate there have been no burglaries or property crimes on the site within the last three years. Property security does not appear to be an issue at this location. Convenience for the business operator is not a legitimate reason for granting a special permit. (2) The residential structure, to include factory assembled homes, will be located on a parcel at least two times the size of the caretaker's residence; There is ample space on the site for the location of a caretaker's residence. (3) The structure will conform to other applicable codes and regulations for residential structures. RV units meeting minimum sanitation and safety criteria are permitted to be used for permanent dwellings in mobile home parks and RV parks. 5 TENTATIVE APPROVAL CONDITIONS Staff cannot recommend approval of a caretaker's residence on the site. RECOMMENDATION MOTION: I move to close the hearing on the proposed Caretaker Residence and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the March 18, 2010 meeting. 6 Vicinity Item: Caretaker Residence in I- 1 Zone Applicant: Ty Gemmell N Map Fi• l e #: SP 10-006 6O1N1NEVILLE STi .F. O/��, r Al a F.LEMING LN Ca N W L _-r LO e MA � � r r SITE 7=1ji 1,.r Rid r �� ..� ` P! "'Q a Q� Y � � I r "All ST �. Land Item: Caretaker Residence in I- 1 Zone Use Applicant: Ty Gemmell N Map File #: SP 10-006 L L I "' 74:� d . BONNEVI LLE ST - F Ro FLEMING LN SFDU�S G 7r W Cemetery-- Industrial �N SITE E � Q IVIHP v � "A" ST ZItem: Caretaker Residence in I- 1 Zone g Applicant: Ty Gemmell Map File #: SP 10-006 LU BONNEVILLE ST N � FRO�Tq F � RO a FLEMING LN Rml mt1L � I- 1 W a 1- 1 _ N M SITE Tom C-3 W a RP "A" ST 1 EAG L.E ESTATES NO - Mig 429 147.9' i # Q S - 520 1 �T ° Eli G 09 ETI"E No k 510 CDw > w r: Gohc et 5fo-b -, - - 447.,9 V 5116 F-, tik _ �.ws r7 -- L205C- REPORT TO PLANNING COMMISSION MASTER FILE #: SP 10-005 APPLICANT: Gurdwara Guru Nanak P.W. HEARING DATE: 2/18/10 7505 West Court St. ACTION DATE: 3/18/10 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a church (Sikh Temple) in an R-S-20 (Residential Suburban) Zone. 1. PROPERTY DESCRIPTION: Legal: The south 1/2 of the southwest 1/4 of the southwest 1/4 of the southeast 1/4, of Sec 21, T 9 N, R 29 E, less the west 160' and less the east 103' of the west 263' of the south 1/2 of the southwest 1/4 of the southwest 1/4 of the southeast 1/4 of said Section and less roads. General Location: 7505 West Court Street Property Size: Approximately 2.8 acres 2. ACCESS: The site has access from West Court Street 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The site is zoned RS-20 (Suburban) and contains a single family residence. The zoning and land use of the surrounding properties are as follows: NORTH - County RS-20 SOUTH - R-S-1/PUD EAST- RS-20 WEST- RS-20 The surrounding properties north, west and south contain residential development, with a church to the east. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area as Low Density Residential. 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: This proposal has been issued a Determination of Non-Significance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANALYSIS The application involves converting a 1,800 square foot single-family residence into a place of worship with a 35' tall sign/religious symbol along Court Street and approximately 20 parking spaces. Parking would be located along the property lines in the northeast corner of the lot. The Applicant will be required to pave and stripe the parking area. The applicant estimates a total of 10 Sunday vehicular trips at peak usage. This traffic projection is based on an estimated 15 regular attendees out of a pool of 15-25 congregant families in the Tri-Cities area. The Applicant will also be required to connect the building to City sewer and bring the restroom up to ADA standards. Two people will be living on-site at the temple. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Churches are unclassified uses and require review through the special permit process prior to locating or expanding in any zoning district. 2. The proposed church site is zoned RS-20 3. The proposed site is located on the north side of Court Street; Court is a designated "Minor Arterial" street at this location. 4. The main driveways to the church will be located on Court Street. 5. Improvements surrounding the site have recently been upgraded (streets, curb, gutter, sidewalk, etc.). 6. The proposed church is located west of an existing church. 7. Churches are typically located in residential zoning districts within Pasco 2 8. The proposed church contains 1,800 square feet, approximately 800 square feet of which could be used for seating. The maximum seating capacity based on this area is 54. 9. According to the Institute of Traffic Engineers (ITE) Trip Generation Manual (7th Edition), the estimated number of vehicle trips for a 1,000-square-foot synagogue/temple on Sunday is 13.5. 10. The City will require the applicant to retrofit the bathroom with ADA hardware 11. The City will require the applicant to provide two exits for the assembly area with lighted exit signs and out-swinging doors equipped with "panic" bars. 12. The Pasco Municipal Code (PMC) 25.78.170 requires one off-street parking space for each four seats in a church, based on maximum seating capacity. 13. The PMC (25.78.170(1)) requires the proposed church to have a minimum of 14 parking spaces. 14. The PMC (25.78.090) requires all parking areas and driveways between the street and the face of the building to be paved with asphalt or Portland cement concrete. 15. The church is providing 20 paved parking spaces. 16. The church site will include a pole-mounted religious symbol that does not require special permit approval, as it is within the local height restrictions. 17. The church building and all parking areas meet or exceed the front yard setback requirements for the RS-20 District. 18. The church site is fully landscaped. 19. The site is not hooked up to City sewer or water. 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? Policy LU-2-B encourages the support of facilities for educational and cultural activities. 3 2) Will the proposed use adversely affect public infrastructure? The proposed use will have a minimal impact on public infrastructure. The congregation proposes to meet only once each Sunday. Estimated number of vehicle trips will have a minimal impact on Court Street or on water/sewer facilities. 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 general vicinity is residential. Churches are typically located in or near residential areas and add to the character of a neighborhood. The proposed church will maintain or exceed the front yard setbacks for all buildings and parking facilities. The site is sufficiently landscaped to complement the adjacent residential lots in the neighborhood. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? No current or proposed on-site structures will exceed the height limits of the RS-20 zone. 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 with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? Churches are used infrequently, generally two or three days a week and generate traffic during off peak times such as on Sunday mornings and a couple of evenings during the week. Under current R-S-20 zoning the parcel could be subdivided into four single-family lots, potentially generating about 280 vehicle trips per week. The current application proposes only Sunday use and the housing of two residents, which use would generate approximately 110 vehicle trips. Churches may not be expanded without review through the Special Permit process. Churches are generally well maintained and contain well-landscaped front yards. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? Churches are generally accepted uses in or near residential neighborhoods. Past history of church operations within the City has shown they do not endanger public health or safety. 4 RECOMMENDED APPROVAL CONDITIONS 1) The special permit shall be personal to the applicant 2) The bathroom shall be retrofitted with ADA hardware, as per City of Pasco requirements. 3) Two exits for the assembly area with lighted exit signs and out- swinging doors equipped with "panic" bars shall be provided. 4) One off-street parking space for each four seats, based on maximum seating capacity of 54 (a minimum of 14 parking spaces) shall be provided. 5) All parking areas and shall be paved with asphalt or Portland cement concrete and striped. 6) Attendance may not exceed 54 persons, based on maximum occupancy. 7) The building shall be connected to municipal sewer/water. 8) The special permit shall be null and void if a City of Pasco building permit is not obtained by March 1, 2011. RECOMMENDATION MOTION: I move to close the hearing on the proposed Caretaker Residence and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the March 18, 2010 meeting. 5 'C*H 'ty Item: Special Permit - Sikh Temple Vin Applicant: Gurowara Guru Nanak PW N Map Fi le #: SP 10-005 4 r ^_ el f I � ti - ,. � , SITE ., . , COURT ST OIL - it 3 Land Item: Special Permit - Sikh Temple � Use Applicant: Gurowara Guru Nanak PW - N - Map File #: SP 10-005 SFDU 's Church SFDU E14 SITE COURT ST to SFDU 'S < SFDU 's � r Zoning Item:plicant:Special Permit - Sikh Temple A Gurowara Guru Nanak PW N Map File #: SP 10-005 RS-20 RS-20 SITE COURT ST RS=20 � �' ; �i ' o R=S= 1 /PUD Q - � o a= ,,, - ov .