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Home My WebLink About3245 Resolution RESOLUTION NO. 32A5'�_ A RESOLUTION APPROVING A SPECIAL PERMIT FOR THE LOCATION OF A CARETAKER RESIDENCE AT 505 SOUTH 26TH AVENUE. WHEREAS, on January 22, 2010 Ty Gemmell submitted an application to locate a caretaker residence at 505 South 26`x'Avenue (Tax Parcel 119-472-116); and, WHEREAS, the Planning Commission held an open record hearing on February 18, 2010 to review the proposed caretaker residence application for a Special Permit; and, WHEREAS, following deliberations on March 18, 2010, the Planning Commission recommended denial of a Special Permit for the caretaker residence; and, WHEREAS, the City Council conducted a Closed Record Hearing on the Special Permit application on May 3 and 17, 2010; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that a Special Permit is hereby approved for a caretaker residence at 505 South 26`x' Avenue under Master File# SP 10-006 based on the findings and conclusions contained in the attached Exhibit I with the following conditions: a) The special permit shall be personal to the applicant; b) The dwelling unit shall be located on the existing on-site concrete pad; c) The dwelling unit shall be connected to city sewer and water services; d) The dwelling unit shall contain on-board sanitation facilities; e) The dwelling unit shall be setback a minimum of fifteen (15) feet from any residentially zoned property; f) The caretaker residence shall be removed from the premises in its entirety within 30 days following failure to renew a city of Pasco business license or the termination of Gemmell's Welding& Services Shop; g) The special permit may be reviewed annually upon request of owners of property within three hundred (300) feet of the residence or upon written request of the city building official; h) The special permit shall be null and void if a building permit has not been obtained by July 31, 2010. Passed by the City Council of the City of Pasco this 17'h day of May, 2010 EXHIBIT 1 FINDINGS OF FACT FOR APPROVAL The following Findings of Fact have been entered from the record. 1) The site is zoned I-1 (Light Industrial). 2) The site is approximately 0.45 acres. 3) All municipal utilities currently serve the site. 4) The site is located on a dead end private roadway. 5) The applicant has requested that an RV be permitted for use as a caretaker's residence. 6) The site contains a concrete RV pad that was previously used for the storage and occupancy of an RV unit. 7) The site contains a 2,000 square foot industrial shop building. 8) The site currently contains a welding business. 9) The site contains a number of old tractors, vehicles and equipment. 10) An indoor shooting range is located directly south of the site. 11) The Comprehensive Plan designates the site for Mixed Residential uses. 12) The February 18, 2010 hearing transcript indicates the property was vacant for 3 years preceding the establishment of the current business on September 1, 2009. 13) PMC 25.70.060 does not require a security problem as a condition of granting a caretaker residence. 14) The presence of the nearby shooting range introduces vehicle traffic into the neighborhood; thereby minimizing neighbor awareness of non-residents in the area. 15) Alarm/electronic security systems are not guaranteed to work. 16) The applicant indicated the site is completely surrounded by site obscuring fencing; thereby reducing the visibility of activity occurring on site. 17) PMC 25.70.060 states the following: In the commercial and industrial districts, a caretaker's residence may be permitted by special permit as an accessory use, provided the following circumstances are demonstrated by the applicant: (1) The caretaker's residence is solely intended to provide security for the established principal permitted use of the property; (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; and i EXHIBIT 1 (3) The structure will conform to other applicable codes and regulations for residential structures. A special permit granted for a caretaker's residence may be reviewed annually upon written request of owners of property within three hundred feet of such residence or upon written request of the city building official. In the absence of written request for review, the special permit shall automatically be extended for one year. CONCLUSIONS BASED ON THE FINDINGS OF FACT Before recommending approval or denial of a special permit the City Council 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 by a single caretaker residence. 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. RV units, such as the one proposed by the applicant for a caretaker residence, are permitted uses in the nearby mobile home parks. 2 EXHIBIT 1 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. Most of the surrounding properties are developed with mobile homes. The proposed caretaker residence will not be taller than surrounding mobile homes. The layout of the site in question with an industrial shop building and RV pad did not discourage the development of surrounding properties for residential uses. 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? 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 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 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 residence. CARETAKER RESIDENCE CRITERIA In addition to the standard special permit review criteria City Council needs to consider the requirements of PMC 25.70.060 dealing with the permitting of caretaker residences. (1) The caretaker's residence is solely intended to provide security for the established principal permitted use of the property; Testimony at the public hearing indicates the site was vacant for approximately 3 years preceding the establishment of the current business on September 1, 2009. Vacant properties are unlikely to generate police calls. PMC 25.70.060 does not require a security problem as a condition of granting a caretaker residence. 3 EXHIBIT 1 (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 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 primary dwellings in mobile home parks and RV parks. 4 APPRO AS TO FORM: Matt Watkins, Mayor Pro-Tem Leland B. Kerr, City Attorney ATTEST: n Debra L. Clark, Ci y perk Item: Caretaker R Zone vicinity Map Applicant: Ty Gemmell N File SP 10-006 nn S 1 ® •:t '4. tot AIM t166 - ko W4 CD Uw Ow F50, mA' 7r s. ww< w•.. is � w' ..'r+ua+� «�-. r, f - NNW� K •Y `ARi. t� Y �f