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HomeMy WebLinkAbout3205 Resolution RESOLUTION NO. 3 Za`i-- A RESOLUTION DENYING A SPECIAL PERMIT FOR A CORN MAZE IN THE 2000 BLOCK OF ROAD 72. WHEREAS, on June 26, 2009 Haywire Farms submitted an application for a Special Permit to locate and operate a Corn Maze in the 2000 Block of Road 72; and, WHEREAS, the Planning Commission held an open record hearing on July 16, 2009 to review the proposed Corn Maze application for a Special Permit; and, WHEREAS, following deliberations on August 20 and September 17, 2009, the Planning Commission recommended approval of a Special Permit for the Corn Maze; and, WHEREAS, the recommendation for approval was appealed by adjoining property owners; and, WHEREAS, The City Council set a closed record appeal hearing for November 2, 2009 to consider the appeal of the Planning Commission recommendation; and, WHEREAS, the City Council was provided the record of the application, staff reports, transcripts and correspondence from the open record hearing and subsequent deliberations conducted by the Planning Commission; and, WHEREAS, City Council conducted deliberations on the appeal of the Planning Commission recommendation for the Corn Maze application at the closed record appeal hearing of November 2, 2009; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that a Special Permit is hereby denied to Haywire Farms for a corn maze and farm in the 2000 block of Road 72 under Master File # SP09-007 subject to the findings and conclusions contained in attached Exhibit 1. Passed by the City Council of the City of Pasco this 7`" day of December,2009 Joy Ol n, Mayor ATT ST: APPR AS TO FORM: ebra Clark, City er Leland B. Kerr, City Attorney 1 EXHIBIT#1 Finding of Fact SP09-007 FINDINGS OF FACT 1. The site is within the Pasco Urban Growth Boundary. 2. The site contains approximately 28 acres. 3. The Comprehensive Plan identifies the site for future Low-Density Residential development. 4. The site contains the Faith Assembly of God Christian Center. 5. The Faith Assembly of God Christian Center is the largest church in Pasco. 6. Surrounding properties are zoned R-S-20 in the County. 7. The site is zoned R-S-20 in the County. 8. Single family residential dwellings are located directly to the north, east, west and northeast of the site. 9. The site contains a Church facility with an improved parking lot and two vacant parcels. 10. The proposed use includes the development of a corn maze, pumpkin field and fall festival attraction area. 11. The proposed use is a commercial business enterprise designed to attract customers. 12. The applicant stated that customers would come from Franklin County, .Benton County and Walla Walla. 13. The applicant anticipates attracting 7,000 to 9,000 people to the proposed corn maze over the period of time the corn maze is open for business. 14. The site is accessible from the north and south by way of Road 72 and from the east by way of Wernett Road. 15. Testimony provided by residents on Road 72 indicated current church traffic on Road 72 comes in about equal portions from both the north and south. 16. Road 72 is developed to rural standards with no curbs, gutter, sidewalk or street lighting from Argent Road on the north to the north line of the Church parking lot. 17. Wernett Road is developed to rural standards with no curbs, gutter, sidewalks or street lighting. 18. Road 72 is partially developed to urban standards adjacent to the Faith Assembly Church. 19. Improvements (paved area) on Road 72 are only 20 feet wide adjacent to the corn maze site. EXHIBIT#1 Finding of Fact SP09-007 20. The corn maze will be open for business on Wednesday evenings during the time church activities are occurring. 21. During Wednesday night church activities the church parking lot is in use. 22. The church occasionally is rented for weddings and quinceaneras. These activities will generate the need for use of the parking lots. 23. The proposed use will generate commercial traffic on surrounding streets. 24. The applicant stated he could not control traffic on surrounding streets. 25. The applicant's security manager stated they could not control loitering around the site. 26. The City's noise regulations prohibit excessive noise from emanating from properties and intruding into residential areas between the hours of 10:00 pm and 7:00 am. 27. The applicant stated he plans to operate up to 11:00 pm. on the weekends. CONCLUSIONS BASED ON PMC 25.86.060 1) The proposed use may be in accordance with the goals, policies, objectives, and text of the Comprehensive Plan. The Comprehensive Plan designates the proposed site for low density residential development. The intended use of the site is single family residential. The Plan does not specifically address the proposed use. However, the zoning regulations which implement the Plan identify some uses such as farming and certain commercial recreation uses as unclassified uses. Unclassified uses require extraordinary review through a public hearing process (special permit process). Applying for a special permit does not guarantee the application will be approved. 2) The proposed use will adversely affect public infrastructure. The proposed farm/corn maze is not dependent upon City utilities but the proposed use will be dependent upon City and County streets for access. Road 72, the main access road to the site, was constructed to rural standards not urban standards. Likewise, Wernett Road does not meet City standards for a local access street. These roads have no night lighting, no sidewalks and in many places are half the width of standard City streets. Wernett Road west of Road 72 along the proposed pumpkin patch area is a gravel road only. The operation of a corn maze to coincide with Wednesday evening church activities could place a strain on the use of public streets. Little onsite parking will be EXHIBIT#1 Finding of Fact SP09-007 available on Wednesdays nights thereby increasing the likelihood corn maze customers will park on Road 72. s) The proposed use will not be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity. The existing character of the area is that of a suburban residential neighborhood. The proposed corn maze and fall festival is a commercial enterprise that will draw between 7,000 and 9,000 people to the neighborhood over a few weeks. Much of the increase in traffic generated by the influx of people will occur on the weekends and evenings when surrounding neighbors are home. The additional traffic, noise, litter and commotion associated with a commercial enterprise in a residential area will disrupt the peace and harmony customarily enjoyed in a residential neighborhood. 4) The location and height of proposed structures and the site design will discourage the development of permitted uses on property in the general vicinity or impair the value thereof. The location and operation of a commercial corn maze, while not a structure, will have a deleterious impact on the use and enjoyment of surrounding residential properties. The impact on long term property values is unknown at this time. The additional traffic, noise, commotion, lights, vibration, dust, and equipment usage associated with the corn maze will not encourage the development of permitted uses in the general vicinity. 5) The operations in connection with the proposal will 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 addition of 7,000 to 9,000 people into the neighborhood over a short period of time will create increased levels of noise, traffic, vibrations and dust currently not experienced by the residents. The late night operation of a commercial enterprise within a residential neighborhood with the problems of noise, litter, additional traffic and loitering in the neighborhood will become objectionable to occupants of neighboring residential properties. The use of farm equipment to plow and plant fields in the neighborhood will also create noise, dust, vibrations and diesel exhaust that is typically not present in suburban neighborhoods. 6) The proposed use will endanger the public health or safety if located and developed where proposed, and will become a nuisance to uses permitted in the district. EXHIBIT#I Finding of Fact SP09-007 The establishment of a commercial corn maze providing recreational services to 7,000 to 9,000 people will become a nuisance in the residential neighborhood due to the increase in traffic, noise, loitering, littering, and other side effects associated with the corn maze and fall festival. Due to the narrow width and poor conditions of adjoining streets, traffic safety is also a concern. The commercial nature of the corn maze, and associated farming activities have a very high probability to become a nuisance to current and future residents of the neighborhood. 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