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HomeMy WebLinkAbout11-20-2008 Planning Commission Meeting Packet PLANNING COMMISSION - AGENDA REGULAR MEETING 7:00 P.M. NOVEMBER 20, 2008 I. CALL TO ORDER: II. ROLL CALL: Declaration of Quorum III. APPROVAL OF MINUTES: October 16, 2008 IV. OLD BUSINESS: A. Special Permit Water Treatment Plant in an R-S-12 District (City of Pasco) (11300 Block of West Court St) (MF# SP 08-009) B. Special Permit Location of a Church in a C-1 District (World Life Christian Ctr.) (5252 Outlet Dr.) (MF# SP 08-008) C. Preliminary Plat Heritage Village Phase 5, 15-Lots (Fastrack, Inc.) (North end of Road 90) (MF# PP 08-002) D. Preliminary Plat Three Rivers Crossing, 259 Lots (Hayden Enterprises, Inc.) (North of Three Rivers Dr./West of Road 60) (MF# PP 08-003 E. Special Permit Location of a College/Technical School in a C-1 District (Charter College) (5278 Outlet Dr.) (MF# SP 08-010) V. PUBLIC HEARINGS: A. Rezone R-S-12 (Suburban Residential) to C-1 (General Business) (Ron Oak) (2913 Road 70) (MF# Z 08-005) B. Rezone I-1 (Light Industrial) to R-3 (Medium Density Residential) (City of Pasco) (1000 Block of S. 5th Ave.) (MF# Z 08-006) VI. WORKSHOP: A. Development Big Pasco Industrial Center (Port of Pasco) (MF# SMP 08- Agreement 001) B. Code Amendment Sign Code (Community Event Regional Signs) (City of Pasco) (MF# CA 08-005) VII. OTHER BUSINESS: VIII. ADJOURNMENT: REGULAR MEETING OCTOBER 16, 2008 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 Ray Rose No. 7 Tony Schouviller No. 8 Jana Kempf No. 9 Vacant 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 was an objection to either commissioner hearing the matter. There were no objections from the audience. 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 Rose, that the minutes dated September 18, 2008 be approved as mailed. The Motion carried unanimously. -1- OLD BUSINESS: A. Rezone C-3 (General Business) to R-3 (Medium Density Residential) (Beacon Development) (800 Block of N. Wehe Ave.) (MF# Z 08-004) Chairman Samuel read the master file number and asked for comments from staff. Staff explained that this item was presented at a public hearing on September 18, 2008. During the hearing discussion centered on changes in the neighborhood and the need for site improvements related to water and sewer facilities and other infrastructure needs. It was also pointed out that because of the nature of the proposed property owner (Catholic Housing Services) it would be important to ensure that the property always contributed to community services through payment of property taxes or payments in lieu of property taxes. The property owners would need to sign a concomitant agreement if a favorable recommendation was made to the City Council. Commissioner Anderson moved, seconded by Commissioner Hay, the Planning Commission adopt the Findings of Fact as contained in the October 16, 2008 staff report. Commissioner Anderson further moved, seconded by Commissioner Hay, based on the finding of fact as adopted, the Planning Commission recommend the City Council rezone the site from C-3 (General Business) to R-3 (Medium Density Residential) with a condition ensuring all development on the property pays property taxes. The motion passed unanimously. Staff noted that this item would go to the City Council at their first regular meeting in November. Staff briefly explained the appeal process. PUBLIC HEARINGS: A. Special Permit Water Treatment Plant in an R-S-12 District (City of Pasco) (MF# SP 08-009) Chairman Samuel read the master file number and asked staff for comments. Staff stated that a notice of the hearing was published in the newspaper and mailed to surrounding property owners within 300 ft of the site. In response to the notice staff received several phone calls, from adjoining property owners and two letters. The first letter was from the Washington State Department of Transportation. Their comments referenced access to the highway, storm water runoff and site lighting. Staff then read an email from Reed and Judy Simpson -2- who expressed concern about lighting, noise, access off Road 111, and storm water runoff. Staff explained the special permit review process for the audience and reviewed the population growth that has recently occurred. It was pointed out that Pasco has increased in size by 22,000 new residents since 2000. The Office of Financial Management projections suggest an additional 30,000 people will reside in Pasco by the year 2027. Staff also explained the City's obligation under the Growth Management Act (GMA) to plan for water and sewer utility services within the Urban Growth Boundary (UGB). Bob Alberts, Public Works Director, City of Pasco explained that the City currently obtains all domestic water from one source, the Butterfield Water Filtration plant located on 12th and Washington. For a number of years the City has searched for a location for a secondary source. The city recently purchased the property in question for a future water treatment plant. The proposed plant would provide a secondary source for the City which would allow for the emergency backup for the Butterfield Plant, as well as provide for the projected increase in population. Tony Crutch, Consultant, CH2MHill, 295 Bradley Blvd, Suite 300, Richland, WA stated that the raw water intake pump station for the proposed plant was located under the I-182 bridge Mr. Crutch displayed the site plan and explained where the various components of the water plant would be located. The treatment processing will be located inside the building which will consist of a pressure membrane treatment process, which was compared to a conventional direct filtration process at the Butterfield. Mr. Crutch explained that other site improvements will consist of underground utilities along the north side of Court Street as well as sidewalk, curb, and gutter. The building will consist of a metal prefabricated structure with few windows. A training room will be located in the building. Commissioner Schouviller asked what the width was for the lawn area on the Court Street side of the property. Mr. Crutch stated it will cover close to half of the property. Commissioner Schouviller asked about the traffic to and from the site. Mr. Crutch estimated traffic flow generated for the facility to be about 3-4 vehicles per day. -3- Commissioner Schouviller asked if there would be employees at the site after hours. Mr. Crutch stated the facility would be remotely monitored and operated from the Butterfield Plant. Commissioner Little asked what the emergency procedure was in the event of a tank malfunctioning or a pipe leak, etc. Mr. Crutch stated that in the 50+ years the Butterfield plant has operated, there has been no spillage. The floor plans of the proposed building are designed to contain spills. Commissioner Anderson asked if there would be a health risk in the event of a ruptured tank. Mr. Crutch stated there was nothing toxic or hazardous in the chemicals used. The chemicals used are added to the water for treatment. In the event of a ruptured tank or spill, the chemicals would be returned to a different tank and the process would continue. Commissioner Kempf asked what security measures were planned for the site. Mr. Crutch stated that the entire site would be monitored. The training room and restrooms would be available to the public. The remainder of the facility would not have public access and high security measures would be in place. Commissioner Rose asked if chlorine would be used in the treatment process. Mr. Crutch stated that liquid hydrochloride would be used, which is low strength chlorine. Chairman Samuel asked about noise levels generated by plant. Mr. Crutch stated that background noise would be from I-182. The emergency generator would be the only source of noise but it will be filtered. Chairman Samuel asked about the appearance of the facility and was concerned the facility would be used as a storage facility. Mr. Alberts stated the facility will not be used by the City for storage. Chairman Samuel asked about lighting levels generated from the plant. Mr. Alberts stated that any exterior lighting would face downward. Chairman Samuel questioned if any odors would be emitted. Mr. Alberts stated the Butterfield Plant consists of outdoor basins and does not emit odors. The new plant would be enclosed indoors. -4- Commissioner Anderson commented from personal experience the Butterfield Plant emits little or no noise or smells. The proposed plant would be a positive addition to the neighborhood. Chairman Samuel opened the public hearing. Steve Anderson, 11111 W. Court, felt the plant would be a great enhancement to the neighborhood. He asked for an explanation about landscaping plans/fencing for the remainder of the property. Mr. Alberts stated the open area would not have a fence and would be covered with grass, similar to the Butterfield plant. The plant would be enclosed with a 6-ft block wall. Mike Korenko, 11316 W. Court, stated that he and his wife supported the plant. The only concern is the entrance location for the site. He proposes the entrance be relocated to the northeast side of the site as an extension of View Lane crossing Road 111. Jane Beyer, 11300 W. Court, stated she did not receive a letter concerning this new proposal. She was in favor of moving the entrance to the Road 111 due to the additional traffic. She was concerned with the height of the block wall and suggests it be 8 ft tall with no razor wire. She asked the height of the tank. She further suggested big trees vs. baby trees to be planted. Ms. Beyer also expressed concern about possible vandalism and picnicking with wine bottles on the grass. Scott Smalley, 11400 W. Court St= questioned if the power lines would be underground and if the road would be paved. He recommends the addition of shrubs to deter the possibility of graffiti on the proposed block wall. He further stated he and his wife were in favor of the proposal. With no further public comments, the hearing was closed to the public. Staff explained the property could be developed with an additional 6 homes. These homes would generate 60-70 car trips per day vs. the 4 trips to be generated by the plant. The current zoning of the area allows for the height of a building to be no taller than 35 ft. Chairman Samuel expressed concerns about the graffiti. Mr. Alberts stated graffiti has not been an issue at the Butterfield Plant. The City has a graffiti abatement program to deal with this type of issue and might occur in an area where foot traffic is high. This site would have no foot traffic. Chairman Samuel further questioned the height of the block wall. Staff commented that this is why there are public hearings for special permits. It is important that the conditions are compatible with surrounding residences. -5- Mr. Alberts stated that the initial fence was planned to be a 6 ft chain link fence. However, due to the site location, it was changed to a 6 ft block wall for aesthetic purposes as well as to provide for a sound barrier. Commissioner Little stated he was not in favor of the 8 ft wall. With the surrounding houses, it would be more appealing to see the plant vs. looking at an 8 ft block wall. Commissioner Schouviller moved, seconded by Commissioner Anderson, to close the hearing on the proposed water plant and initiate deliberations and schedule adoption of Findings of Fact, Conclusions and a Recommendation to the City Council for the November 20, 2008 meeting. The motion passed unanimously. B. Special Permit Location of a Church in a C-1 District (World Life Christian Ctr.) (MF# SP 08-008) Chairman Samuel read the master file number opened the hearing and asked for comments from staff. Staff stated that notice of the hearing was published in the newspaper and mailed to surrounding property owners within 300 ft. Staff explained the requirements for churches being reviewed through the special permit process. Staff explained that a church falls under a different occupancy classification in the building code than the mall and as such the building would need to be modified to meet the building code standards for a church. The changes would include restroom modifications and possibly additional exiting. Staff reviewed the tentative approval conditions for the benefit of the audience. Chairman Samuel asked if there had been any communication with the property owner. Staff stated there had not been any but, the owner was aware of the proposal because a lease agreement had been prepared. Commissioner Schouviller asked if other churches have located in a commercial zone. Staff stated there are 3-4 churches that have been granted special permits in commercial zones. Joey Zamora, 4732 Sedona Ct, Pastor, stated they had reviewed the staff report and were interested in developing the church to meet the recommended conditions. The majority of the church members live in Pasco. Pastor Zamora explained that this would not be a permanent site for his church.. David Jarret, 369 Falcon Ridge, Richland was in favor of the church relocating to the outlet mall. -6- Sheila Goody, 10029 Locust Lane, explained she and her husband were members of the church and she felt this move would have a positive impact on Road 68. Tremaine Sparks, 7808 Quadra Drive, was in favor of the church relocating to Pasco so he could save on gas. Meredith Zamora, 4732 Sedona Ct, the Pastor's wife stated that the heart of their church is to strengthen homes and communities. Marlando Sparks, 2303 W. Pearl, stated that the church has focused on the teen community and has provided events to keep teens off the streets. Marianne Hogaboam, 9516 Mustang Drive, stated there are not many events in the Tri-Cities to provide a positive outreach for teens. She was in favor of the location. Candy Crumb, 1538 W. 35th Loop, Kennewick, did not have a problem with the alcohol licensing issue. Malachi Mendez, 6405 Chapel Hill Blvd, Apt R202, stated he was a member of the younger congregation and was in favor of the location to influence the younger generation in the area. Commissioner Anderson moved, seconded by Commissioner Hay, to close the hearing on the special permit for the location of a Church in a C-1 district and initiate deliberations and schedule adoption of Findings of Fact, Conclusions and a Recommendation to the City Council for the November 20, 2008 meeting. The motion passed unanimously. C. Preliminary Plat Heritage Village Phase 5, 15-Lots (Fastrack, INC.) (North end of Rd 90) (MF# PP 08-002) Chairman Samuel read the master file number opened the hearing and asked for comments from staff. Staff stated that a notice of the hearing was published in the newspaper and mailed to surrounding property owners within 300 ft of the site. One phone call was received from 8716 LaSalle Drive. The property owner expressed concern with dust control during construction. Staff reviewed the development activity that has occurred around the site in question. It was pointed out the street configuration was dictated by sewer needs. That is the reason La Salle connects to the south rather than to the west. Staff reviewed the balance of the written report for the benefit of the Planning Commission. Commissioner Schouviller asked about the need for an estate type fence. -7- Staff stated that estate type fencing can be found along Sandifur Parkway and other major streets where subdivisions are located. Fences have been designed to match existing fences in each of the neighborhoods. The new standard for estate fencing calls for block walls. In this case where all the fencing along Powerline Road has been vinyl it may be more appropriate to finish the last section of fencing with vinyl. Property owners are responsible for the maintenance of these fences. Chairman Samuel asked about lot sizes. Staff stated that the minimum lots sizes were 8,500 square feet. Chairman Samuel asked what the condition referencing the layout of knuckles meant. Staff commented that the condition referred to the reverse curve in the right-of- way prior to the knuckles. John Fetterhoff, 6115 Burden Blvd, stated he is in agreement with the temporary sewer lines suggested by the City. The developer is ready to start the development. Chairman Samuel asked when construction would start. Mr. Fetterhoff stated construction would start in the spring. Chairman Samuel asked staff where the nearest park was located. Staff stated that the park was located on Road 84. Chairman Samuel asked about the location of power lines. Staff stated that the development would be required to underground the power lines; the power line (BPA Lines) on the north side would remain above ground. Chairman Samuel inquired about any issues relating to water/sewer due to the location near the city limit. Staff stated there are none. Mr. Fetterhoff asked for further clarification about the knuckles. Staff explained that the knuckles were not the problem but, the reverse curve prior to the knuckles would need to be eliminated. Commissioner Kempf moved, seconded by Commissioner Schouviller, to close the hearing on the proposed plat and initiate deliberations and schedule adoption of Findings of Fact, Conclusions and a Recommendation to the City Council for the November 20, 2008 meeting. The motion passed unanimously. -8- D. Preliminary Plat Three Rivers Crossing, 266-Lots (Hayden Enterprises, INC.) (North of Three Rivers Dr/West of Rd 60) (MF# PP 08-003) Chairman Samuel read the master file number, opened the hearing, and asked for comments from staff. Staff stated that a notice of the hearing was published in the newspaper and mailed to surrounding property owners within 300 ft of the site. Staff explained the proposed plat was part of the Three Rivers Plat that was originally approved in 2002. The initial resubmittal contained 266 lots but due to density requirements the plat was revised to reflect 259 lots. Staff reviewed the balance of the written report for the benefit of the Planning Commission commenting on the various findings and the recommended approval conditions. Staff then review some questions raised by developer related to the recommended approval conditions as follows: "Common area maintenance fee." Staff explained that this is not a new condition but, has been requirement of all new developments that have planting strips along major streets. The fees will be placed in a fund and used for the maintenance of the landscaping along Convention Drive, Power Line Road and Road 60. The City shall accept maintenance responsibility for the landscaping abutting said streets when all maintenance fees for all lots in each division abutting said streets have been paid. "The assignment of water rights wells and pumps." The code requires the assignment of water rights or the payment of fees where there are no water rights. Typically associated irrigation wells, pumps and equipment are also deed to the City. In this case the developer does not own any wells or pumps and can not deed them to the city. They are on other land and owned by other parties. The Engineering Department had asked that the wells and pumps be dedicated. Staff will look into the question. "The construction of Power Line Road and Road 60." Arterial streets contain 80 ft of right-of-way. The south side of Power Line Road will need to be 40 feet. Initially 28 feet of pavement will be required to maintain a planting strip and road improvements. Four feet of additional right-of-way will be needed. Staff stated they would work with the developer to prepare a latecomers agreement for Road 60 in the event the roads needs to be completed before the School District builds the new elementary school. Commissioner Little asked about frontage of lots and driveways. -9- Staff stated the platted was a planned-density-development which allows lots of varying sizes. Westport Lane contains lots smaller than the 8,500 square feet. Lots in the northeast corner of the plat are larger than 8,500 square feet. The code limits driveways to 34 ft in width. Commissioner Rose asked for clarification on lot size requirements. Staff stated that the average lot size was 8,500 square feet, however lots vary in size, some lots are as large as 9,000 to 12,000 square feet. Chairman Samuel asked for clarification on fencing requirements. Staff stated that fencing on Sandifur was wooden and an architectural block wall is being installed at Convention Drive with Phase 5. The balance of the development will be a block wall. Chairman Samuel asked where the power lines would be located. Staff stated that the subdivision will have underground power. Chairman Samuel asked about traffic impact issues. Staff mentioned that the $300 traffic impact fee per home will used to address future traffic needs. Jason Maddox, HDJ Design Group stated the developer agrees with the approval conditions prepared by the City Planner. The water rights have been assigned to the City. There are two wells that serve the property but they are not owned by the developer. Construction would begin in the summer of 2009. Commissioner Samuel asked when the development would be completed. Mr. Maddox stated in 5 years. Chairman Samuel called for public comment. Commissioner Little moved, seconded by Commissioner Kempf, to close the hearing on the proposed plat and initiate deliberations and schedule adoption of Findings of Fact, Conclusions and a Recommendation to the City Council for the November 20, 2008 meeting. The motion passed unanimously. WORKSHOP: A. Corridors Plan Corridors and Gateways Plan (City of Pasco( (MF# INFO 08-070) Chairman Samuel read the master file number, and asked for comments from staff. 1G Staff explained that in 2007 a community survey indicated street beautification was important to respondents. The City Council established an ad hoc committee to re-evaluate the 1995 corridor plan and current corridors, and to make recommendations to the plan. The City has outgrown the original corridor plan for the central core. The revised plan also addresses new corridors and gateways. Gateways and corridors were identified as prioritized routes. Corridors were chosen primarily for their connectivity. Projects were prioritized based on economics, concerns for continuity, and safety. Staff provided the Planning Commission with "before" and "after" photos of various projects and photos providing options for corridor improvements. Commissioner Rose questioned if the Urban Forestry Association was involved in the process. Staff stated that the City has an arborist on staff. Staff explained that the Plan has been scheduled for a special Planning Commission Hearing on October 30, 2008. With no further business, the Planning Commission was adjourned at 9:45 pm. Respectfully submitted, David McDonald, Secretary 11- SPECIAL MEETING OCTOBER 30, 2008 PLANNING COMMISSION MEETING CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Acting Chairman Joe Cruz. 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, Acting Chairman No. 6 Ray Rose No. 7 Tony Schouviller No. 8 Jana Kempf No. 9 Vacant APPEARANCE OF FAIRNESS: Acting Chairman Cruz read a statement about the appearance of fairness for hearings on land use matters. Acting Chairman Cruz asked if any Commission member had anything to declare. Commissioner Little stated he would recluse himself from the Charter College item because his son may be the architect on the project. Acting Chairman Cruz 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. Acting Chairman Cruz asked the audience if there was an objection to either commissioner hearing the matter. There were no objections from the audience. ADMINISTERING THE OATH: Acting Chairman Cruz explained that state law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Acting Chairman Cruz swore in all those desiring to speak. APPROVAL OF MINUTES: NONE. OLD BUSINESS: -1- NONE. PUBLIC HEARINGS: A. Corridors Plan Corridors and Gateways Plan (City of Pasco) (MF# INFO 08-070) Acting Chairman Cruz read the master file number and asked for comments from staff. Staff stated that a notice of the hearing was published in the newspaper. The Corridors and Gateways Plan was also presented to the Planning Commission at the October 16, 2008 regular meeting. Acting Chairman Cruz asked whether or not businesses could sponsor entry corridors with signage and landscaping as he has seen in other cities. Staff stated such sponsorship would be in conflict with the City's off-premise sign regulations. Commissioner Rose asked why West Sylvester Street was not included in the plan. Staff stated the Sylvester Street was not included due to the lack of right of way, and the lack of connectivity to highways and shopping areas. Acting Chairman Cruz called for public comment. After three calls for comments the hearing was closed. Commissioner Hay moved, seconded by Commissioner Kempf, the Planning Commission recommends the City Council adopt the Corridors and Gateways Plan 2008. B. Special Permit Location of a College/Technical School in a C-1 District (Charter College) (5278 Outlet Dr.) (MF# SP 08-010) Acting Chairman Cruz read the master file number opened the hearing and asked for comments from staff. Staff stated that a notice of the hearing was published in the newspaper and mailed to surrounding property owners within 300 ft of the site. Staff explained Charter College has several facilities located throughout the western United States and Alaska and is seeking to located a facility in the outlet mall. Charter College has signed a lease for 10,768 square feet of floor area in northern Outlet Mall building. This space will be divided into 7 offices, -2- 10 classrooms, a resource center and a student lounge. Staff reviewed the written staff report for the benefit of the Planning Commission. Steve Ferguson, Charter College, Prospect Education 16750 Melrose Ave, Reno, NV, explained that the school has been in business since 1985. In the state of Alaska they are the largest for-profit school. They will start with 4 certificate programs in the areas of Medical Insurance Coding 8v Billing, Computerized Bookkeeping, Medical Assistant, and Network Security. Course will be expanded as the college grows. Commissioner Schouviller asked how long the lease was for. Mr. Ferguson stated they have signed a 5-year lease. Acting Chairman Cruz asked if the college had room to expand in the future. Mr. Ferguson stated they have first right of refusal on any adjoining suites in the Outlet Mall to allow for expansion. Commissioner Rose asked about the schools accreditation. Mr. Ferguson stated they were accredited by the ACISSCT, a national accreditation. Acting Chairman Cruz expressed concern about the length of time the proposed college planned to occupy space at the mall. Staff explained that only 37,000 square feet of the Broadmoor Outlet Mall was occupied. The facility has 103,000 square feet. The outlet mall business model has been struggling nationwide. It was pointed out that private for profit colleges often locate in strip malls and commercial centers. Commissioner Hay moved, seconded by Commissioner Schouviller, to close the hearing on the special permit for the location of a College/Technical School in a C-1 district and initiate deliberations and schedule adoption of Findings of Fact, Conclusions and a Recommendation to the City Council for the November 20, 2008 meeting. The motion passed unanimously. WORKSHOP: NONE. OTHER BUSINESS: Staff provided the Planning commission with an overview of upcoming projects. These include; the Waagener Army Reserve Center realignment and closure project, the critical areas ordinance which has been reviewed by the State (some refinements are needed) and the Central Pre-Mix application to be presented again in early 2009 as a result of the court decision. -3- Staff also indicated the 2009 budget will be reviewed by the City Council on November 10th. The draft budget estimates 400 single-family homes will be built in 2009. With no further business, the Planning Commission was adjourned at 7:31 pm. Respectfully submitted, David McDonald, Secretary -4- REPORT TO PLANNING COMMISSION MASTER FILE NO: SP08-009 APPLICANT: City of Pasco (Public Works) HEARING DATE: 10/16/08 525 N. Third Ave. ACTION DATE: 11/20/08 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of the West Side Water Treatment Plant. (11300 Block of West Court St) 1. PROPERTY DESCRIPTION: Leal: Parcel # 118-180-181: A portion of the NW quarter of Section 18, Township 9 North, Range 29 WM; known as Parcel 2 of Boundary Line Adjustment Survey recorded August 4, 2006 in Volume 2 of Surveys, page 980 under Recording No. 1687409. General Location: 11300 Block of West Court Street Property Size: Approximately 5 acres 2. ACCESS: The site is adjacent to West Court Street 3. UTILITIES: Utility lines are located in West Court Street. 4. LAND USE AND ZONING: The site is currently zoned R-S-12 (Suburban Residential) and is vacant. The properties to the north and east are zoned R-S-12. The area to the west in the County is R-T (Residential Transition). The property on the south side of Court Street is zoned R-S-20 (Suburban Residential). Land use of the surrounding properties is as follows: NORTH- Vacant farm field SOUTH- Single-family dwellings EAST- Single-family dwellings WEST- I-182 and a farm field S. COMPREHENSIVE PLAN: Comprehensive Plan goal UT-1 encourages the provision of utility services within the UGA to assure anticipated growth is accommodated over the next 20 years. The GMA mandate related to utilities and public services as adopted in the City's Comprehensive Plan (Vol. I, Pg. 21) states that public facilities and services necessary to support development shall be adequate to serve development without decreasing current levels below locally established standards. The Comprehensive Plan also encourages (CF-5) the maintenance of an effective and cost efficient level of fire service. An effective fire protection system is highly dependent upon a reliable water system. 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. DISCUSSION The Public Works Department has applied for a special permit to locate and develop a new water treatment facility in the 11300 block of West Court Street. With the rapid growth in West Pasco, and the future projected growth, there is a need to provide expanded domestic water service for residential 8v commercial purposes and for fire protection within the community. Utility facilities such as water reservoirs and treatment facilities require Planning Commission review through the special permit process prior to being located anywhere within the city. Since the year 2000, the City's population has increased by more than 20,000 people. Well over 50,000 people are now served by the City's water system. The State Office of Financial Management has estimated Pasco could increase in size by another 30,000 people by the year 2027. Continued population growth will create the need for additional water service and fire protection. The City is responsible for planning and providing municipal utilities within the boundaries of the Pasco Urban Growth Area. The City is required by the Growth Management Act to plan for population increases as estimated by the State Office of Financial Management. The current Butterfield Water Plant was constructed in 1949 and has been expanded several times. The plant has a maximum pumping capacity of 30 million gallons per day. The reliable plant capacity is 28 million gallons per day (MGD). In 2008, the average summertime peak demand was 20.2 MGD. On occasion, water demand has reached the reliable plant capacity of 28 MGD. Increasing the size of the Butterfield Plant would be costly and would require increasing the transmission line size and capacity of the piping leaving the plant. According to the City of Pasco West side Treatment Plant—Feasibility Assessment 8v Conceptual Design Report 9/2008, pipeline size and capacity 2 would also need to be increased for the transmission lines extending to the west side of the City, were the water would be needed. The proposed project involves the construction of a 75' by 160' treatment building and a 1.5 million gallon reservoir on half of the five acre site. The plant will be screened with a six-foot block wall. 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-S-12 zone. 2) The site is in the Pasco UGA. 3) The site is currently vacant and owned by the City of Pasco. 4) Comprehensive Plan goal UT-1 encourages the provision of utility services within the UGA to assure anticipated growth is accommodated over the next 20 years. 5) The GMA mandate related to utilities and public services as adopted in the City's Comprehensive Plan (Vol. I, Pg. 21) states that public facilities and services necessary to support development shall be adequate to serve development without decreasing current levels below locally established standards. 6) The Comprehensive Plan encourages (CF-5) the maintenance of an effective and cost efficient level of fire service. An effective fire protection system is highly dependent upon a reliable water system. 7) The city has grown by 22,290 new residents since the year 2000. 8) The Department of Financial Management estimates Pasco's population will increase by another 30,000 people by the year 2027. 9) The Butterfield Treatment Plant has a peak capacity to produce 30 MGD. 10) Peak day demand has been as high as 28 MGD. 11) The reliable plant capacity of the Butterfield Plant is 28 MGD. 12) Over ninety percent of the new residential growth since the year 2000 has occurred west of Rd 36. 13) The Pasco Urban Growth Boundary was expanded west of Rd 68 and north to Dent Rd to accommodate projected growth. 3 14) The most significant parcels of land still available for residential development within the city are located west of Rd 68. 15) The City currently has a raw water intake facility on the north side of the Richland Bridge. 16) The raw water intake is approximately 700 feet from the city owned site on West Court Street. 17) There is an overhead power line fronting the property along Court Street. 18) Eight large homes are located adjacent the site or directly across Court Street. 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 plan policies or goals as follows: (a.) Comprehensive Plan goal UT-1 encouraging the provision of utility services within the UGA to assure anticipated growth is accommodated over the next 20 years. (b.) GMA mandates related to utilities and public services as adopted in the City's Comprehensive Plan (Vol. I, Pg. 21) stating that public facilities and services necessary to support development shall be adequate to serve development without decreasing current levels below locally established standards. (c.) The Comprehensive Plan also encourages (CF-5) the maintenance of an effective and cost efficient level of fire service. An effective fire protection system is highly dependent upon a reliable water system. (2) Will the proposed use adversely affect public infrastructure? Under the current zoning the site could be developed with 13 single- family dwellings. The proposed water plant will create far less demand on the City's utility system than 13 homes. The proposed water plant and storage reservoir will have a positive effect on the City's water system in that it is an improvement to public 4 infrastructure. The reliability and safety of the City water system and fire protection system will be maintained and the City will be able to provide for increased water service needs to support projected population growth. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? Utility equipment, substations, booster stations, lift stations and major reservoirs are all found within or near residential areas of Pasco. Other water related utility facilities within the community (Butterfield Water Plant, the 10,000,000 gallon reservoir in Desert Plateau, the Road 68 water towers & the Broadmoor reservoir) are all located in or next to residential zoning districts. The proposed water plant will be constructed on the north half of the proposed site leaving an expansive lawn area fronting on court Street. The plant will be screened with a block wall and the building will be finished in earth tone colors to blend with the surrounding residential structures. The treatment portion of the plant will be totally enclosed in a building thereby shielding the neighborhood from much of the operational aspects of the plant. Compared with the 130 daily vehicle trips that would be generated by 13 single-family homes on the site, traffic will be minimal—perhaps less than 20 trips per day. (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 R-S-12 zoning district permits houses to be built to a height of 35 feet. The proposed plant will be approximately 35 feet in height. The operation of other water related facilities within residential districts has not discouraged development on nearby properties. Broadmoor Estates was constructed after the Broadmoor reservoir was constructed and the Desert Plateau River Heights neighborhood was developed after the construction of the 10,000,000 gal reservoir. The development of Wilson Meadows on Road 108 was not diminished or limited by the fact that the Road 108 public works yard and irrigation pumping station is nearby. (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? 5 The water plant will be enclosed in a building that provides sound proofing and visual protection to the neighborhood. The plant will generate significantly less traffic than other permitted uses within the district. (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 water plant will improve the general welfare of the community by increasing the capacity of both the water system and the fire protection system of the City. The plant's enclosure within a building surrounded by a block wall and the landscaping are all design features utilized to ensure the proposed water plant will not become a nuisance to surrounding uses. RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact and conclusions as contained in the November 20, 2008 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit for the location of a water treatment plant in the 11300 block of West Court Street with conditions as contained in the November 20, 2008 staff report: APPROVAL CONDITIONS 1) The special permit shall be personal to the applicant. 2) The site shall be developed in substantial conformity with the site plan and building elevations submitted with the special permit application. 3) The access roadway from Court Street to the Plant must be hard surfaced. 4) The area of the site between the block wall and Court Street shall be irrigated and planted in lawn. 5) Six large growing deciduous trees (Oak, Maple, Walnut, Linden etc) shall be planted in the lawn area to create a visual buffer to the plant and reservoir. 6 6) On-site drainage facilities shall be provided to prevent storm water runoff and irrigation runoff from entering Court Street and sheeting across Court Street onto the adjacent residential properties. 7) The plant shall be designed to meet the I-182 Corridor architectural standards of PMC 25.58. 8) The block wall shall be an architectural block wall no taller than 6 feet. 9) All onsite generators shall be screened and muffled to prevent noise intrusion onto adjoining residential properties above noise levels prescribed in the PMC 9.61. 10) Testing of generators shall not occur on weekends or between 5:00 pm and 8:00 am. 11) The overhead power lines along Court Street shall be undergrounded with the development of the water plant. 12) The special permit shall be null and void if a building permit has not been obtained by December 8, 2010. 7 • Item : Special Permit Water Treatment Pla t Vicinity Applicant: City of Pasco Public Works N Map File # : SP 08-009 %' or, VA Ov T' SITE '*. -44 X6 Ilk 4,N f yy . /O 1 be Ak Land Item : Special Permit Water Treatment Pla t Use Applicant : City of Pasco Public Works N Map File # : SP 08-009 ` Ix zz" OF Vacant , i Vacant SITE F CO SFDU 's o` y Zoning Item : Special Permit Water Treatment Pla t Applicant : City of Pasco Public Works rr Map File # : SP 08-009 (County) R-T Sy9�r RS-12 SITE c��� �20 a OP NN Q- REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 08-008 APPLICANT: World Life Christian Ctr. HEARING DATE: 10-16-08 732 W. 19th Avenue ACTION DATE: 11-20-08 Kennewick, WA 99337 BACKGROUND REQUEST FOR SPECIAL PERMIT: Location of a Church in a C-1 District 1. PROPERTY DESCRIPTION: Legal: Parcel # 115-502-016: a portion of the South half of Section 8, Township 9 North, Range 29 WM; General Location: 5252 Outlet Dr. Property Size: Approximately 11 acres 2. ACCESS: The site has access from Sandifur Parkway by way of Outlet Dr. 3. UTILITIES: Municipal water and sewer are available to the site from the right-of-way adjacent to the south line of the property. The property is not currently connected to City utilities. 4. LAND USE AND ZONING: The property is currently zoned C-1 (Retail Business) All surrounding property is zoned C-1 and undeveloped. S. COMPREHENSIVE PLAN: The site is designated in the Plan for future commercial uses. The plan does not specifically address churches, but elements of the plan encourage the promotion of orderly development including the development of zoning standards for off-street parking and other development standards. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a Determination of Nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21 (c) (RCW). ANALYSIS The application involves the use of three suites in the Broadmoor Outlet Mall for church activities. The Outlet Mall contains over 103,000 square feet of floor space. Currently only 37,000 square feet of the mall is occupied. There are seven businesses, a 1 Mini Police Station and the Children's Museum within the occupied space. Sixty-five percent of the mall is vacant. The proposed church has signed a three year lease for 11,720 square feet of floor area. The church site is located in the northwest corner of the Outlet Complex. The church plans to hold services on Wednesday evenings from 6:30 pm to 9:00 pm and on Sunday mornings from 8:00 am to 1:00 pm. During the week the church office will be open during regular office hours. The lease agreement requires the church to participate in all common area charges shared by all lessees within the mall. The lease agreement is for a period of three years. The proposed church location has parking to the east, west and north. The outlet mall was constructed to meet building code requirements for retail activities. Places of religious worship are classified in the building code as "A" occupancies. When a building is changed from one occupancy class to another (from an "M" [Mercantile] to an "A" [Assembly] for example) the building is required to meet life/safety standards required for the new occupancy classification. If a portion of the 11,720 square feet is devoted to office space and classrooms there will likely be enough square footage for 400 people to congregate in a sanctuary area. To meet the "A" occupancy requirements proper exiting, exit signage, emergency lighting, occupancy separation walls (between retail space and church space), additional restroom facilities and fire sprinklers may be required by the building code. These requirements are all based on the occupant load of the building. The "A" occupancy requirements of the building code have been developed from years of experience with places of assembly and have been enacted to promote the life, safety, and protection of people occupying churches and other gathering places. Another potential problem with a church locating in a commercial area is the fact that some retail establishments or restaurants sell or serve liquor. The issue is typically addressed by placing a condition on the Special Permit approval limiting the church's ability to object to a liquor license. 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. 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 C-1. 3. The proposed site is located at 5252 Outlet Drive. 4. The site was originally developed as the Broadmoor Outlet Mall. 5. The Outlet Mall contains over 103,000 square feet of floor area. 6. Sixty-five percent of the outlet mall is vacant. 7. Nine suites of the mall are occupied. 8. The old furniture store portion of the mall (Co2) is currently occupied by a seasonal costume store. 9. The church proposes to lease 11,720 square feet of floor space. 10. Churches are classified as an "A" occupancy under the International Building Code. 11. Half of the leased space is large enough to hold 400 people. 12. The Municipal Code (PMC 25.78.170) requires one off-street parking space for every 10 lineal feet of bench (pew) seating or one space for every 4 chairs in a church. 13. Based on the occupancy loading of 400 people, 100 parking spaces would be required. 14. The current area available for parking improvements will only allow the church to accommodate 28 members. 15. The mall was designed and built for "M" occupancy loads. 16. "A" occupancy building design standards are different than the "M" occupancy standards. 17. The church lease is for a three year period. 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 conclusion based upon the criteria listed in P.M.C. 25.86.060. and determine whether or not the proposal: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? 3 The plan does not specifically address churches, but elements of the plan encourage the promotion of orderly development including the development of zoning standards for off-street parking and other development standards. (2) Will the proposed use adversely affect public infrastructure? The outlet mall was designed to handle significant traffic with a large parking lot and interior circulation. The proposed church will conduct services at times when other mall traffic is generally low and utility usage is low. (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 church will be located in the Broadmoor Outlet Mall and no exterior changes are planned to the building. The current store front character will be maintained. The church will participate in common area maintenance costs to maintain the common area of the mall. The current lease proposal is for a three year period giving the mall owner the option of terminating the lease after three years if demand for retail space in the mall improves. (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 proposed church will be located in part of an existing outlet mall and no structures will be built or added to the mall. The site design will remain unchanged. The church will be paying market rent and will be responsible for common area charges like all tenants of the mall. (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 church will generate no more dust, vibrations, flashing lights or fumes than would be expected by permitted retail uses of the zoning district. Traffic generated by the church will occur mostly on Sunday mornings when mall traffic is minimal. Wednesday evening church activities generally generate less traffic than Sunday morning meetings. (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? 4 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 and are generally not nuisance generators. RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact and conclusions as contained in the November 20, 2008 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit to the World Life Christian Church for the location of a church in Suites 176, 180 and 184 of Broadmoor Square with conditions as contained in the November 20, 2008 staff report: APPROVAL CONDITIONS 1) The special permit shall be personal to the applicant; 2) The space leased to the church must comply with all requirements of the International Building Code for an "A" occupancy prior to occupancy by the church; 3) The storefront appearance of the leased space cannot be altered except as needed to comply with building code exiting requirements; 4) The building, including entrances and restrooms, must be ADA/handicap-compliant prior to occupancy by the church; 5) Occupancy of the building for church purposes will not be permitted until the church complies with all conditions listed above; 6) The church shall not object to the transfer, renewal or issuance of a liquor license for an existing or new establishment within 1,000 feet of the property; 7) The special permit shall be valid for a period of three years only and shall terminate on December 8, 2011. 5 Item : Special Permit - Church in C- 1 Dist. Vicin'ty • Applicant: World Life Christian Church N Map 08-008 File # : SP - MI SANDIFUR PKWY VON f X SITE • }^- � r , X82`�_ _k� 7, t Land Item : Special Permit - Church in C- 1 Dist. Use Applicant : World Life Christian Church -(x)- Map File # : SP 08-008 SANOIFUR PKWY Uj I � � Vacant � SITE Vacant B ----- Comm. Zoning Item: Special Permit - Church in C- 1 Dist.A World Life Christian Church -(x)- Map File # : SP 08-008 SANOIFUR PKWY Ui O C-1 SITE C -1 CR I B z REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 08-002 APPLICANT: Fastrack, Inc. HEARING DATE: 10/16/08 8211 Hudson Dr ACTION DATE: 11/20/08 Pasco, WA 99301 BACKGROUND REQUEST: Preliminary Plat - Heritage Village Phase 5 (15-Lots) 1. PROPERTY DESCRIPTION: Leal: Lot 1, Coles Estates General Location: North end of Rd 90 west of Heritage Village Phase 3 Property Size: 4.69 Acres Number of Lots Proposed: 15 single-family lots Square Footage range of Lots: 8,527 sq. ft. to 14,956 sq. ft. Average Lot Square Footage: 9,784 sq. ft. 2. ACCESS: The property has access from La Salle Dr. and Road 90 3. UTILITIES: All municipal utilities are available to the site 4. LAND USE AND ZONING: The site is zoned R-1 (Low density Residential) with restrictions requiring minimum lot size of 8,500 square feet. Properties to the north in the County are zoned AP-20 (Agricultural Production) Properties directly to the south in the City are zoned R-1. The subdivisions to the east, west and south are zoned R-1 (Low Density Residential) Residential). Land use of the surrounding properties is as follows: NORTH- Farm circle SOUTH- Vacant EAST- Heritage Village subdivision (single family) WEST- Broadmoor Estates subdivision (single family) 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for low density residential development. According to the Comprehensive Plan low density residential means 2 to 5 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for residential uses when or where; sewer is available, land is suitable for home sites, and when I there is a market demand. Policy H-1-E encourages the advancement of home ownership and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU-2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. 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 City's land use plans for the last 25-30 years have indicated the property in question should be utilized for low-density (single family) residential development. Even though the site was originally platted as part of the Coles Estates in 1967, it has never been developed. Heritage Village, Broadmoor Estates, Mediterranean Villas and Vintage Village have all developed around or near the site in the last few years. The proposed plat can be considered an infill project that utilizes land within the Pasco Urban Growth Boundary that was previously bypassed (skipped over) by development. The applicant is proposing to subdivide the site into 15 single-family lots. The proposal calls for the development of single-family lots that are similar in size to the lots in Broadmoor Estates and a little larger than the lots in Heritage Village. The average lot size in the proposed subdivision is 9,784 square feet. LOT LAYOUT: The proposed plat contains 15 lots meeting or exceeding the R- 1 zoning requirements imposed by the ordinance that rezoned the property from R-T to R-1. RIGHTS-OF-WAY: All lots have adequate frontage on streets that will be dedicated. UTILITIES: The developer will be responsible for extending the water lines, sewer lines and other utilities into the plat. A utility easement will be needed along the first 10-15 feet of all lots. An additional easement will be required along the south 20 feet of lots 4 and 15 for the temporary looping of the domestic water system and the temporary connection of the sewer system. This easement will be vacated once the temporary connections are removed. The final location and width of the easements will be determined during the engineering design phase. The front yard setbacks for construction purposes are larger than the requested easements; therefore the front yard easements will not encroach upon the buildable portions of the lots. 2 The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. As a general rule, fire hydrants are located at street intersections and at a maximum of 600-foot intervals and streetlights are located at street intersections and at 300-foot intervals on residential streets. Sewer service will be required to come from the west and south and not from La Salle Drive. STREET NAMES: The proposed street names match the names of surrounding streets. IRRIGATION: The Municipal Code requires the installation of irrigation lines as a part of infrastructure improvements. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval. If no water rights are available to transfer to the City the property owner/developer must pay a water right fee of $1,500 per acre in lieu thereof. The Public Works Director may waive the fee if the developer mixes a soil additive in the ground that provides 30% retention of irrigation water. FINDINGS OF FACT State law (RCW 58.17.010) and the Pasco Municipal code require the Planning Commission to develop Findings of Fact as to how this proposed subdivision will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Findings of Fact": Prevent Overcrowding: With an average lot size of 9,784 square the proposed development will address the overcrowding concern by providing manageable lots and usable open spaces. R-1 zoning requires a 20 foot front yard set back and no more than 40 percent lot coverage providing for open space on the lots. Parks Opens Space/Schools: The subdivision is too small for the requirement for a neighborhood park. A fee in lieu of land dedication will be required. Effective Land Use/Orderly Development: The plat is laid out to effectively utilize the site consistent with surrounding residential development. The site is within the Pasco Urban Growth boundary and the development will occur on land previously skipped over by past development. This development would be considered an infill project. Safe Travel & Walking Conditions: The plat provides connections to the community by way of local access streets. Sidewalks are required to be installed when homes are built. 3 Adequate Provision of Municipal Services: Municipal water and sewer lines will be extended to the plat from nearby lines. All utility lines will be sized and installed to meet the standard specification of the City. Provision of Housing for State Residents: This preliminary plat will provide 15 lots for the construction of new dwellings for Pasco residents. Adequate Air and Light: The lot sizes and maximum lot coverage limitations will assure the adequate movement of air and light is available to each lot. Proper Access & Travel: The access street in the plat will be paved and developed to City standards to assure proper access is maintained to each lot. Connections to the community will be provided by local streets. The preliminary plat was submitted to the Transit Authority for review. No comments were received from the Transit Authority. Comprehensive Plan Policies & Maps: The Comprehensive plan designates the site for low-density residential development. Policies of the plan encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing of residents. Other Findings: (list additional finds as appropriate) 1) The property is zoned R-1 which is identical to the zoning of adjacent subdivisions. 2) Heritage Village Phase 3 is located to the east. 3) Broadmoor Estates Phases 4 &5 are located to the west and south. 4) The Comprehensive Plan encourages the interconnection of neighborhood streets. 5) Streets in the proposed subdivision will connect to existing and proposed neighborhood streets. 6) The proposed plat will allow the interconnection and looping of utilities. 7) The site is currently vacant. 8) The site is within the Pasco UGA. 9) Each lot developed within the I-182 corridor is required by code to pay a traffic mitigation fee of$300. 10) Comprehensive Plan Policy LU-3-C encourages development to expand in a progressive and efficient manner. 11) Comprehensive Plan Policy H-3-B encourages the advancement of homeownership. 12) Comprehensive Plan Policy H-2 suggests the city strive to maintain a variety of housing options for residents of the community. 13) Comprehensive Plan Policy H-1-B supports the protection and enhancement of the established character of viable residential neighborhoods. 4 CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed plat the Planning Commission must develop findings of fact from which to draw its conclusion (P.M.C. 26.24.070) there from as to whether or not: 1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; The proposed plat will be required to develop under the standards of the municipal code and standard specifications of the City Engineering Department. These standards were designed to ensure the public health; safety and general welfare of the community are secured. These standards include provisions for streets, drainage, water and sewer service and funding for park lands. This preliminary plat has been forwarded to the Franklin County PUD, the Pasco School District and Ben-Franklin Transit Authority for review and comment. 2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed plat is located on a site that has been skipped over by development. The development is an infill project that makes efficient use of vacant land that was passed over by previous development. 3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; The Comprehensive Plan land use map designates the site for low density residential development. Low density development is described as 2 to 5 single-family units per acre in the Comprehensive Plan. The Policies of the plan encourage the advancement of home ownership (H-3- B). Plan Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community while Plan Policy H-1-B supports the protection and enhancement of the established character of viable residential neighborhoods. 5 4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps, and narrative text of the Plan as noted in number three above. 5) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and findings of fact. The findings of fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations. 6) The public use and interest will be served by approval of the proposed subdivision. The proposed plat, if approved, will be developed in accordance with all City standards designed to insure the health, safety and welfare of the community are met. The Comprehensive Plan will be implemented through development of this plat. These factors will ensure the public use and interest is served. RECOMMENDATION MOTION for Findings of Fact: I move to adopt the findings of fact and the conclusions as contained in the staff report of November 20, 2008. MOTION for Recommendation: I move based on the findings of fact and conclusions there from the Planning Commission recommend the City Council approve the Preliminary Plat for Heritage Village Phase 5 with conditions as listed in the staff report of November 20, 2008. PLAT APPROVAL CONDITIONS 1) The horizontal layout of the knuckles on Somerset Lane and Westmoreland Lane shall not be permitted. The reverse curve in 6 the right of way line is not allowed. The final plat layout must not contain the reverse curve in the right of way. 2) A temporary turnaround easement must be created at the end of Somerset and Westmoreland Lanes. The easement must be on the developer property and the turnaround must be to City of Pasco Standards. The turnaround must be surfaced with a 2-inch layer of asphalt placed on a 4 inch rock base. 3) At the time lots are developed all abutting roads and utilities shall be developed to City standards as approved by the City Engineer. This includes but is not limited to water, irrigation and sewer lines, streets, street lights and storm water retention. Sidewalks must be installed no later than the time each lot is developed with a house. The handicapped-accessible pedestrian ramps must be completed with the street and curb improvements prior to final plat approval. All existing and proposed utilities must be installed underground by the developer at the developer's expense. The temporary water and sewer mains along the southerly portion of lots 4 and 15 must be installed and removed at the developer's expense. The developer will also be responsible to make the necessary repairs to the landscaping, curb, gutter sidewalk, and paving as a result of removing the temporary mains. 4) All streets are to be developed to City Standards and/or as directed by the City Engineer. Street grades for all arterial and collector roads shall not exceed 6 percent. Interior local access street grades shall not exceed 10 percent. All intersections will require setback lines for appropriate sight distances. No fences, utility vaults or pedestals, or other obstructions will be allowed in this area. Approaches to intersecting interior streets shall not exceed 2 percent and any street intersecting an arterial or collector street shall be zero (0) percent coming out of the toe of the arterial/collector street slope. All temporary streets will be required to have a paved turnaround (2 inch pavement on 4 inches of rock base) at the end of the street to the satisfaction of the City Engineer. 5) The developer/builder shall pay the City a "common area maintenance fee" of$300 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to finance the maintenance of Boulevard landscaping. 6) The developer/builder shall pay the City a "traffic mitigation fee" per the Municipal Code. 7) The developer shall install a common Estate type fence 6 feet in height adjacent the north line of lots 9 to 11. The City may make repairs or replace the fencing as needed. Property owners adjoining 7 said fence shall be responsible for payment of all costs associated with maintenance and upkeep of the fencing. These fencing requirements shall be noted clearly on the face of the final plat(s). 8) The developer shall be responsible for all costs associated with plan review and construction inspection service expenses incurred by the City of Pasco Engineering Department. 9) The developer will be required to provide a deposit to the City of Pasco to allow the City of Pasco to hire a surveying company to perform topographic surveys of the constructed utilities including manhole lids and flow line elevations, location of sewer stubs, water valves, water meters, irrigation valves, irrigation services, storm water catch basins, street lights, fire hydrants, monuments and other pertinent information deemed necessary, to the satisfaction of the City of Pasco. The developers will be required to provide as-built drawings for the remainder of the improvements. The City of Pasco contracted surveyor will be given an electronic copy of the design drawings to then insert their findings from the topographic survey. 10) The developer shall ensure active and ongoing dust and litter abatement activities occur during the construction of the subdivision and construction of the houses thereon. 11) The final plat shall contain a 10- to 15-foot utility easement parallel to all streets as required by utility providers. A temporary utility easement shall be identified along the southerly 20 feet of lots 4 and 15 for the installation of temporary water and sewer mains. 12) The developer shall install a properly designed irrigation system with stubs to all lots in the subdivision for future irrigation needs. All easements/rights of way necessary to convey an irrigation system to and through the proposed plat must be conveyed to the City of Pasco. The irrigation lines shall run in easements/rights of way as directed by the City Engineer. 13) All engineering designs for infrastructure and final plat drawings shall utilize the published City of Pasco Vertical Control Datum. Said datum must be identified on the drawings for each submittal. 14) Any and all water rights associated with this land, along with any wells, pumps, pipe, associated electrical system(s) and appurtenances shall be conveyed to the City prior to subdivision construction plan approval of the first phase. If no water rights are available to transfer to the City the property owner/developer must pay a water right fee of $1,500 per acre in lieu thereof, prior to subdivision construction plan approval of the first phase. The Public Works Director may waive the fee if the developer mixes a 8 soil additive in the ground that provides 30% retention of irrigation water. 15) The final plat shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat." 16) The final plat shall contain the following statement: "Irrigation service lines are currently available to lots within this plat; however, water for the irrigation system may not currently be available. The City of Pasco is constructing its irrigation infrastructure on an ongoing basis. The use of the system will become available as time and resources permit the expansion and connection of new systems to the existing irrigation supply." 17) All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified by lot number in the notes on the face of the final plat(s). 18) All storm water must be disposed of through means approved by the City of Pasco. All methods utilized to capture and dispose of storm water must be in accordance with current City Codes and Standard Specifications, and applicable Washington State Law. 19) Lots abutting Edelman Road (the right-of-way on the north side of the plat)) shall not have direct access to said street. Access shall be prohibited by means of deed restrictions or statements on the face of the final plat(s). 20) Irrigation mainlines must be installed throughout the entire proposed plat of a size sufficient to service each and every currently proposed/future lot pursuant to PMC 26.04.116. The developer must install a properly designed irrigation system with stubs to all lots in the subdivision for future irrigation needs. All easements/rights of way necessary to convey an irrigation system to and through the proposed plat must be conveyed to the City of Pasco. The irrigation lines shall run in easements/rights of way as directed by the City Engineer. 21) All water lines must be extended through the length of each proposed plat. All water lines will be required to be looped with the existing City of Pasco water system. A deposit is required for the removal of any temporary loops installed by the developer. The 9 deposit must include the cost of removing the temporary piping, replacing damaged curb, gutter and sidewalk, and a curb to curb replacement of all pavement for at least 10 feet on both sides of the temporary line that was removed. The deposit will be refunded to the developer when the work is completed by the developer and accepted by the City. No water valves or meter boxes are to be located in any easements or walkways. 22) Any and all utilities must be located as directed by the City Engineer. This shall include but not be limited to gas, phone, power, cable and all other utilities located within or adjoining this preliminary plat. Any existing utilities that present difficulties shall be relocated at the developer's expense, pursuant to the City Engineer's direction. All utility plans, including the above mentioned, are required to be submitted to the City of Pasco prior to subdivision approval. 23) Street lighting must be installed as directed by the City Engineer. Residential street lights are typically installed every 300 feet and collector/arterial street lights are installed every 150 feet. 24) Prior to the City of Pasco accepting construction plans for review for any phase of development the developer must enter into a Storm Water Maintenance Agreement with the City. The developer will be responsible to obtain the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement must be presented to the City of Pasco at the first intake meeting for construction plans for each phase of development. 25) The developer will be required to conform to all conditions set forth in the Storm Water Maintenance Agreement including, but not limited to, regular cleaning and maintenance of all streets, gutters, catch basins and catch basin protection systems. Cleaning shall occur on a regular basis to ensure that no excess build up of sand, trash, grass clippings, weeds or other debris occurs in any portion of the streets, gutters, or storm water collection facilities. Cleaning and upkeep of the streets, gutters, and storm water collection facilities must be to the satisfaction of the City Engineer. The developer will be responsible to operate and maintain the storm drain system in accordance with the Storm Water Maintenance Agreement for a period of up to 5 years from the date of final plat approval for each phase or until the system is accepted by the City of Pasco. The City of Pasco's acceptance of construction plans for subsequent phases of the subdivision will be contingent on the developer satisfying all requirements of the Storm Water Maintenance Agreement. 10 26) The developer will be required to comply with the City of Pasco Civil Plan Review process. A copy of the requirements for the civil plan review process is available from the City of Pasco Engineering Department. �1 Item : Preliminary Plat - Heritage Village Vicin'ty A pplicant: Fastrack Inc. N Map File # : PP 08-002 INS,fur ' .' • .: - '+ y`, •, x POWERLINE RD (Future) SITE ��. r J F \ TTTTTTTT _ t NCTON DR ; " ZEPHYR CT .+ r r - Uj ry LLJ Co }/ U LU STUTZ DR PS Q L.L •- - OVF-RLAND.CT Land Item : Preliminary Plat - Heritage Village Use Applicant : Fastrack Inc . - - Map File # : PP 08-002 Farming � SITE � IsA o mWu R _ _ J � ZEPHYR CT � Vacant N' SFDU 's^ r um :3 LL � w . r su rzoR OVERLAND CT Zoning Item: Preliminary Plat - Heritage Village Applicant : Fastrack Inc. N Map File # : PP 08-002 AP-20 ( County) a SITE LASALLE DR 0 J Q m Z GTON DR � ZEPHYR CT w R- z R-1 STUTZ DR = w � o O � 61 D OVERLAND CT / \ - DURHAM COURT r U I __ � I I I I i �1ZP•G�`� I I O I j � I WELLINGTON DRIVE _I CD �5 5�5 C d I Lu — I—------ I I W T— Alm d y -------- o I CHESHIRE COURT ui 6 0 ul ----- ` N I W I x L1 s 9 � OVERI:A D DRIVE I ---------------------I -Z4 I I P3s2 7 fi I I p 9 i I WILSHIRE DRIVE pe- I yi I olv P\:1 ? P¢GI+�A --------------------- I --------------------I 9 SITE LASALLE Lu LLAOE FIHA F= 5 ® - LANE Z F_j 0 w 00 ®� ® OC Ix 0 a 0: Z Q ® 3 LOCATED IN THE NE 1/4, SEC. 8, T. 9 N., R. 29 E., W.M. m o o It Bl� tm w :3 tm SANDIFUR .5 PARKWAY cQ N Lo T S 8 � °' uz E N a ai (p (a000 co n. to cf) Lo - - - - -J - - - 7mII�\ � 0. VICINITY MAP NOT TO SCALE Q a N89 059'42"E - _ _ _ . _ _ -- -- 1�1In� s - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - EXTG POWER EDELMAN ROAD I POLE (TYP) DEVELOPER: = 64.23 61.r - FASTRACK INC. W v 112.62 86.23 1 ATTN:ARNIE WICK 47.03 78.98 - - - - - - - - - - - - - - 8211 HUDSON DRIVE ® � - -- `- I PASCO, WA 99301 - - - - _ - 208-929-8021 - - L=55.27', - - - - - -- - - - - - - - � ENGINEER: R=35.00 17 cn D � O u') I w M O _ 12 HDJ DESIGN GROUP,PLLC 7 n ATTN:JOHN FETTEROLF,P.E. ci FT 6j o a cfi w m �� 9677 SQ FT M 11 I o 6115 BURDEN BLVD, SUITE E 10208 SQ �, ^v o I 8 N 12939 SQ FT vd, 9101 SQ I�'f N 134 509-5407-51A 99301 9 Lq cf) I 9668 SQ FT 9668 SQ FT r 13 I Lo 12981 SQ FT SURVEYOR: HDJ DESIGN GROUP, PLLC L=16.76° I ATTN:JOHN SHEA L=50.15' L=40.41' R=55.00' I 6115 BURDEN BLVD,SUITE E L=12.93' R=55.00' _ PASCO,WA 99301 L=55.14' R=25.00'- R=55.00' N / R=25 00, ( - - - _ 509-547-5119 R=35.00' L=40.00' - - -60 49 SITE AREA DATA: - - R=55.00' Al L=40.00' _ 78.97 •38 ,��6 R=55.00' I TOTAL SITE AREA: 4.69 ACRES T \ TOTAL LOT COUNT: 15 47.74 MIN LOT AREA: 9,101 SOFT LASALLE PRIVE N 110.94 � � o MAX LOT AREA: 14,956 SQ FT C) 8 ��� t° AVERAGE LOT AREA: 10,524 SQ FT z I \ ss N89°�9'18"E = RIGHT-OF-WAY AREA: 1.07 ACRES 1 55 L=36.51' N88°54'09"E �' R=55.00' L=27.52' R=55.00' 5 i ZONING: _ � I C) I R-1 10234 SQ FT 114 L=13.56'SQ FT L=13.56- NOTE: L=13.88 R=25.00 .89 RE PUBLIC - <. R=25.00' - - A 10'UTILITY EASEMENT IS REQUIRED WHE 67.36 24.99 R. ''O 34.55 L=38.18' I RIGHT-OF-WAY IS ADJACENT TO THE PROPOSED LOTS. srs •,90, � L=30.52' R=105.00' (� I , R=105.00' L=1.46' / L=71.06 V} L=54.81' Q R=45.00 R=35.00' 93.50 0 R=105.00' Z LL 0 93.63 5 I 135 L=5.73' ® I _ I R-105.00' W I I z I 10 N w O I C3 2 �, 3 Z I J I 14956 SQ FT I p LL = Q 1 M 9683SQFT I Q I I W M I - - - - - - - - - - - F- I 9683 SQ FT r 9683 SQ FT I = Z 10 UTIL I W Q N I 10' UTIL M rn ESMT 4 M w � 15 ti 0 S ESM TIL N - N W w 9577 SQ FT a o O W O o ESM T I ° W g l 10234 SQ FT o U I ;? 2 �-- a ,- I � cn o Q � i oc Z I � I U) I o W F- ad W I I 136 J EXTG 30' R/W I U) I I 60' RIW I G� U)HALF-WIDTH I � 93.62 105.24 a�� _ Q - n. 70.06 67.37 69.53 - - - - 93.21 - - - - - - - - - I �` ` C� Scale 1 " - 3®� o - _ - - 30 15 0 30 60 90 J m W to I , P5 I EXTG I a a co I I I I 60' R/W o I I I I EXTG I �i� I I 3� I DESIGNED: N 77 1 58 1 1 60 R/W I I ✓ 1 I JEP I I I I I � P II I i ( RY 4° DP":57 137 P R E LI M 0?% 1v'o 1 I I ® I I NOT FOR CONSTRUCTION CHECKED: � 1 � I I I I JEF SCALE: I I I I 1 - - - - - - - - - - H: 1"=ao° - - -� - - - - - - - - - - - - - I �- V: NIA rnc -I- - - - - - - - - - - - I 1 1 I - - - - - - - - - - - - - - - -I- - - -- - - - - - - - - - -- - - - - - - - - - - - - - - -I- I I -1 - - - - - - - - - �Q SEP17,2008 I I I 1 I I � � � 2679-00 1 I I I I I I I I r SHEET z I 322 � ,�GI STE¢�' 1 USSIONAL B�8 M M 0) r.+ U U Q v (1. w REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 08-003 APPLICANT: Hayden Enterprises HEARING DATE: 10/16/08 2622 SW Glacier Pl. ACTION DATE: 11/20/08 Suite 110 Bend, OR 99301 BACKGROUND REQUEST: Preliminary Plat/Planned Density Development - Three Rivers Crossing Division II (259-Lots) 1. PROPERTY DESCRIPTION: Legal: The north half of Section 10, Township 9 North, Range 29 East WM except those potions platted as Phases 4 & 5 Three Rivers Crossing General Location: North of Three Rivers Drive between Rd 60 and Convention Drive Property Size: 85.59 Acres Number of Lots Proposed: 259 single-family lots Square Footage range of Lots: 6,999 sq. ft. to 16,411 sq. ft. Average Lot Square Footage: 8,524 sq. ft. 2. ACCESS: The property has access from Robert Wayne Drive, Westport Lane, and Ochoco Lane. 3. UTILITIES: All municipal utilities are available to the site 4. LAND USE AND ZONING: The site is zoned R-1 (Low-density Residential) with restrictions requiring minimum lot size of 8,500 square feet. Properties to the north in the county are zoned AP-20 (Agricultural Production) Properties directly to the south in the City are zoned R-1. The subdivisions to the west are zoned R-T (Residential Transition Residential). The property to the east is zone R-S-1 (Suburban Residential). Land use of the surrounding properties is as follows: NORTH- Farm circle SOUTH- Developed with the Three Rivers Crossing Phases 1-5 EAST- Farm circle WEST- Farm circle 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for low density residential development. According to the I Comprehensive Plan low density residential means 2 to 5 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for residential uses when or where; sewer is available, land is suitable for home sites, and when there is a market demand. Policy H-1-E encourages the advancement of home ownership and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU-2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. 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 Following the City's land use plans for the last 25-30 years the property in question was rezoned and granted preliminary plat approval for single-family development in 2002. In the last five years the developer has complete construction on the south half of the development. While some of the engineering work has been completed for the north half of the development construction has not been completed. The applicant has applied for a preliminary plat approval along with a Planned Density Development designation. The original preliminary plat for the property was approved with a planned density designation. The purpose of the Planned Density Development designation process is to provide a degree of flexibility for the layout of subdivisions and to encourage variety in housing developments. The regulations do not permit the average overall density to exceed that of the underling zone. In this case the underling zoning would permit 329 single-family lots. The application is seeking approval for 259 lots. The average lot size will be 8,524 square feet. The proposal is essentially a continuation of the previously approved development. LOT LAYOUT: The proposed plat contains 259 lots with an average lots size meeting the R-1 zoning requirements imposed by the ordinance that rezoned the property from R-T to R-1. RIGHTS-OF-WAY: All lots have adequate frontage on streets that will be dedicated. UTILITIES: The developer will be responsible for extending the water lines, sewer lines and other utilities into the plat. A utility easement will be needed 2 along the first 10-15 feet of all lots. The final location and width of the easements will be determined during the engineering design phase. The front yard setbacks for construction purposes are larger than the requested easements; therefore the front yard easements will not encroach upon the buildable portions of the lots. The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. As a general rule, fire hydrants are located at street intersections and at a maximum of 600-foot intervals and streetlights are located at street intersections and at 300-foot intervals on residential streets. Sewer service will be required to come from the previously platted Three Rivers Crossing Subdivision to the south. STREET NAMES: The proposed street names match the names of streets in Phases 1-5 of the Three Rivers Crossing development. IRRIGATION: The Municipal Code requires the installation of irrigation lines as a part of infrastructure improvements. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval. If no water rights are available to transfer to the City the property owner/developer must pay a water right fee of $1,500 per acre in lieu thereof. The Public Works Director may waive the fee if the developer mixes a soil additive in the ground that provides 30% retention of irrigation water. FINDINGS OF FACT State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning Commission to develop Findings of Fact as to how this proposed subdivision will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Findings of Fact": Prevent Overcrowding: With an average lot size of 8,524 square feet the proposed development will address the overcrowding concern by providing manageable lots and usable open spaces. R-1 zoning requires a 20 foot front yard set back and no more than 40 percent lot coverage providing for open space on the lots. Parks Opens Space/Schools: The applicant previously worked with the School District to reserve a future site for an elementary school at the northwest corner of Road 60 and Sandifur Parkway. The eight acre site is now owned by the District. A 5.14 acre parcel adjacent the school property has been reserved for a neighborhood park. Typically a subdivision must be 3 substantially completed before the City accepts and develops neighborhood parks Effective Land Use/Orderly Development: The plat is laid out to effectively utilize the site consistent with surrounding residential development. The site is within the Pasco Urban Growth Boundary and the development will occur on land previously skipped over by past development. This development would be considered an infill project. Safe Travel & Walking Conditions: The plat provides connections to the community by way of local access streets. Sidewalks are required to be installed when homes are built. Adequate Provision of Municipal Services: Municipal water and sewer lines will be extended to the plat from nearby lines. All utility lines will be sized and installed to meet the standard specification of the City. Provision of Housing for State Residents: This preliminary plat will provide 259 lots for the construction of new dwellings for Pasco residents. Adequate Air and Light: The lot sizes and maximum lot coverage limitations will assure the adequate movement of air and light is available to each lot. Proper Access & Travel: The access street in the plat will be paved and developed to City standards to assure proper access is maintained to each lot. Connections to the community will be provided by local streets. The preliminary plat was submitted to the Transit Authority for review. No comments were received from the Transit Authority. Comprehensive Plan Policies & Maps: The Comprehensive plan designates the site for low-density residential development. Policies of the plan encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing of residents. Other Findings: (list additional finds as appropriate) • The property is zoned R-1 which is identical to the zoning of Three Rivers Crossing Phases 1-5 to the south. • Three Rivers Crossing Phases 1-5 are to the south. • Three Rivers Crossing Phases 1-5 contained a future elementary school site which has since been deeded to the Pasco School District. • The park site reserved with the original development plans for Three Rivers Crossing is available is also shown as part of the preliminary plat. • The Comprehensive Plan encourages the interconnection of neighborhood streets. 4 • Streets in the proposed subdivision will connect to existing and proposed neighborhood streets. • The proposed plat will allow the interconnection and looping of utilities. • The site is currently vacant. • The site is within the Pasco UGA. • The proposed plat was part of a plat that was previously approved by the City. • Each lot developed within the I-182 corridor is required by code to pay a traffic mitigation fee of$300. • Comprehensive Plan Policy LU-3-C encourages development to expand in a progressive and efficient manner. • Comprehensive Plan Policy H-3-B encourages the advancement of homeownership. • Comprehensive Plan Policy H-2 suggests the city strive to maintain a variety of housing options for residents of the community. • Comprehensive Plan Policy H-1-B supports the protection and enhancement of the established character of viable residential neighborhoods. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed plat the Planning Commission must develop findings of fact from which to draw its conclusion (P.M.C. 26.24.070) there from as to whether or not: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; The proposed plat will be required to develop under the standards of the municipal code and standard specifications of the City Engineering Department. These standards were designed to ensure the public health; safety and general welfare of the community are secured. These standards include provisions for streets, drainage, water and sewer service and funding for park lands. This preliminary plat has been forwarded to the Franklin County PUD, the Pasco School District and Ben- Franklin Transit Authority for review and comment. The developer previously sold an eight acre school site to the School District at the corner of Sandifur Parkway and Road 60 (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; 5 The proposed plat is a continuation of an existing and previously approved residential subdivision (Three Rivers Crossing). (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; The Comprehensive Plan land use map designates the site for low density residential development. Low density development is described as 2 to 5 single-family units per acre in the Comprehensive Plan. The policies of the plan encourage the advancement of home ownership (H-3-B). Plan Goal H- 2 suggests the City strive to maintain a variety of housing options for residents of the community while Plan Policy H-1-B supports the protection and enhancement of the established character of viable residential neighborhoods. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps, and narrative text of the Plan as noted in number three above. (5) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and findings of fact. The findings of fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations. (6) The public use and interest will be served by approval of the proposed subdivision. The proposed plat, if approved, will be developed in accordance with all City standards designed to insure the health, safety and welfare of the community are met. The Comprehensive Plan will be implemented through development of this plat. These factors will ensure the public use and interest is served. 6 RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact numbers and the conclusions as contained in the staff report of November 20, 2008. MOTION for Recommendation: I move based on the findings of fact and conclusions there from the Planning Commission recommend the City Council approve the Preliminary Plat for Three Rivers Crossing Division II with conditions as listed in the staff report of November 20, 2008. PLAT APPROVAL CONDITIONS 1) At the time lots are developed all abutting roads and utilities shall be developed to City standards as approved by the City Engineer. This includes but is not limited to water, irrigation and sewer lines, streets, street lights and storm water retention. Sidewalks must be installed no later than the time each lot is developed with a house. The handicapped accessible pedestrian ramps must be completed with the street and curb improvements prior to final plat approval. All existing and proposed utilities must be installed underground by the developer at the developer's expense. 2) All intersections will require setback lines for appropriate sight distances. No fences, utility vaults or pedestals, or other obstructions will be allowed in this area. 3) The developer/builder shall pay the City a "traffic mitigation fee" per the Municipal Code. 4) The developer shall install a common Estate type fence/wall 6 feet in height along the rear line of all lots abutting Road 60, Power Line Road and Convention Drive. Said wall must match the existing block wall in Phase 5 of Three Rivers Crossing. The City may make repairs or replace the fencing as needed. Property owners adjoining said fence/wall shall be responsible for payment of all costs associated with maintenance and upkeep of the fencing/wall. These fencing/wall requirements shall be noted clearly on the face of the final plat(s). 5) The developer shall be responsible for all costs associated with construction inspection and plan review service expenses incurred by the City of Pasco Engineering Department. 6) The developer will be required to provide a deposit to the City of Pasco to allow the City of Pasco to hire a surveying company to perform 7 topographic surveys of the constructed utilities including manhole lids and flow line elevations, location of sewer stubs, water valves, water meters, irrigation valves, irrigation services, storm water catch basins, street lights, fire hydrants, monuments and other pertinent information deemed necessary, to the satisfaction of the City of Pasco. The developers will be required to provide as-built drawings for the remainder of the improvements. The City of Pasco contracted surveyor will be given an electronic copy of the design drawings to then insert their findings from the topographic survey. 7) The developer shall ensure active and ongoing dust and litter abatement activities occur during the construction of the subdivision and construction of the houses thereon. 8) The final plat shall contain 10 to 15 foot utility easements parallel to all streets as required by utility providers. 9) All engineering designs for infrastructure and final plat drawings shall utilize the published City of Pasco Vertical Control Datum. Said datum shall be identified on the drawings for each submittal. 10) The final plat shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat." 11) All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified by lot number in the notes on the face of the final plat(s). 12) All storm water must be disposed of through means approved by the City of Pasco. All methods utilized to capture and dispose of storm water must be in accordance with current City Codes and Standard Specifications, and applicable Washington State Law. 13) The developer shall be responsible for installing landscaping in the unimproved right-of-way on Road 60, Convention Drive, and Power Line Road. This landscaping will consist of lawn and Spring Snow Crab apple trees or approved equal. The trees shall be spaced at 50- foot intervals. No trees will be planted within 25 feet of a street light. The landscaping must include an irrigation system. All landscape plans shall be reviewed and approved by the Engineering and Community and Administrative Services Departments prior to installation. 8 14) Lots abutting Road 60, Road Convention Drive and Power Line Road shall not have direct access to those streets. Access shall be prohibited by means of deed restrictions or statements on the face of the final plat(s). 15) The developer/builder shall pay the City a "common area maintenance fee" of $375 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to for the maintenance of the landscaping along Convention Drive, Power Line Road and Road 60. The City shall accept maintenance responsibility for the landscaping abutting said streets at such time as all maintenance fees for all lots in each division abutting said streets have been paid. 16) Irrigation mainlines must be installed throughout the entire proposed plat of a size sufficient to service each and every currently proposed / future lot pursuant to PMC 26.04.116. Additional mainlines, as directed by the City Engineer may be required to be installed. The developer must install a properly designed irrigation system with stubs to all lots in the subdivision for future irrigation needs. All easements/rights of way necessary to convey an irrigation system to and through the proposed plat must be conveyed to the City of Pasco. The irrigation lines shall run in easements/rights of way as directed by the City Engineer. In addition to the subdivision improvements a 16 inch irrigation mainline must be installed along with the street improvements for Power Line Road, a 12 inch mainline must be installed in conjunction with the street improvement for Convention Drive and a 10 inch mainline must be installed in conjunction with the street improvements for Road 60. 17) The assignment of water rights associated with this land is a requirement for subdivision approval. If no water rights are available to transfer to the City the property owner/developer must pay a water right fee of $1,500 per acre in lieu thereof. The Public Works Director may waive the fee if the developer mixes a soil additive in the ground that provides 30% retention of irrigation water. 18) All streets are to be developed to City Standards and/or as directed by the City Engineer. Street grades for all arterial and collector roads shall not exceed 6 percent. Interior local access street grades shall not exceed 10 percent. All intersections will require setback lines for appropriate sight distances. No fences, utility vaults or pedestals, or other obstructions will be allowed in this area. Approaches to intersecting interior streets shall not exceed 2 percent and any street intersecting an arterial or collector street shall be zero (0) percent coming out of the toe of the arterial/collector street slope. All temporary streets will be required to have a paved turn around (2 inch 9 pavement on 4 inches of rock base) at the end of the street to the satisfaction of the City Engineer. 19) Convention Drive must be completed in conjunction with the first phase of development. Convention Drive must have 40 feet of right of way dedicated on the developer's property to accommodate a future right of way of 80 feet. Additional right of way on adjoining property will be required to accommodate the 4 feet of paving required to the west of the centerline of Convention Drive. The curve radius for the right of way at the intersection of Convention drive with Power Line Road must be 55 feet. Convention Drive must be built to a 28 feet pavement width (24 feet on the developers property and 4 feet west of the centerline of Convention Drive on the adjoining property) to accommodate a future width of 48 feet. The pavement section for Convention Drive must be a 4 inch asphalt layer placed on a 2 inch top course rock with an 8 inch base course rock. The developer must construct curb, gutter and a 5 feet wide sidewalk along the east side of convention drive as part of the roadway improvements. All required fire hydrants and street lighting must be installed by the developer along the east side of Convention Drive. The developer must also install a 12 inch irrigation main line in Convention Drive in conjunction with the roadway improvements. The location and material for the pipe will be as directed by the City Engineer. 20) Power Line Road must be completed with each phase of development abutting said street. Power Line Road must have 40 feet of right of way dedicated on the developer's property to accommodate a future right of way of 80 feet. Additional right of way on adjoining property will be required to accommodate the 4 feet of paving required to the north of the future centerline of Power Line Road. The curve radius for the right of way at all intersections with Power Line Road must be 45 feet with the exception of the intersections with Convention Drive and Road 60 which must be 55 feet. Power Line Road must be built to a 28 feet pavement width (24 feet on the developers property and 4 feet north of the future centerline of Power Line Road on the adjoining property) to accommodate a future pavement width of 48 feet. The pavement section for Power Line Road must consist of a 4 inch pavement layer place on a 2 inch top course with an 8 inch base course. The developer must install curb, gutter and a 5 feet wide sidewalk along the south side of Power Line Road as part of the roadway improvements. All required fire hydrants and street lighting must be installed by the developer along the south side of Power Line Road. The developer must also install a 16 inch irrigation main line in Power Line Road as part of the roadway improvements. The location and material for the pipe will be as directed by the City Engineer. 10 21) Road 60 must be completed with each phase of development abutting said street. Road 60 must have a 40 feet right of way dedicated on the developer's property to accommodate a future right of way of 80 feet. Additional right of way on adjoining property will be required to accommodate the 4 feet of paving required to the east of the future centerline of Road 60. The curve radius for the right of way for all streets intersecting Road 60 must be 35 feet, except the intersection with Power Line Road which must be 55 feet. The pavement width must be 28 feet (24 feet on the developer's property and 4 feet east of the future centerline of Road 60 on the adjoining property) for a total future pavement width of 48 feet. The paving section must consist of a 4 inch asphalt layer placed on a 2 inch top course with an 8 inch base course. The developer must install curb, gutter and a 5 feet wide sidewalk and all appurtenant handicapped sections on the west side of Road 60 along with the street improvements. All required fire hydrants and street lighting must be installed along with the street improvements. The developer must also install a 10 inch irrigation main line in Road 60 in conjunction with the roadway improvements. The location and material for the pipe will be as directed by the City Engineer. At the time of development of any phase abutting Road 60, if the Pasco School District has not developed its property abutting said road, the developer will be responsible to extend the above roadway improvements south to Sandifur Parkway, including the intersection thereof. The City will work with the developer to establish a late comers agreement for the street improvements in the event the School District has not developed Road 60 at the time the developer completes any phase of the plat adjacent Rd 60. 22) All water lines must be extended through the length of each proposed plat. All water lines will be required to be looped with the existing City of Pasco water system. A deposit is required for the removal of any temporary loops installed by the developer. The deposit must include the cost of removing the temporary piping, replacing damaged curb, gutter and sidewalk, and a curb to curb replacement of all pavement for at least 10 feet on both sides of the temporary line that was removed. No water valves or meter boxes are to be located in any easements or walkways. 23) Any existing irrigation pipe from the previous farming activities on the site, regardless of size, type or location, must be removed at the owner/developers expense. Existing pipe must be removed prior to the development of the phase in which it is located and must be removed to the satisfaction of the City of Pasco. 24) Any and all utilities must be located as directed by the City Engineer. This shall include but not be limited to gas, phone, power, cable and all other utilities located within or adjoining this preliminary plat. 11 Any existing utilities that present difficulties shall be relocated at the developer's expense, pursuant to the City Engineer's direction. All utility plans, including the above mentioned, are required to be submitted to the City of Pasco prior to subdivision approval. 25) The final plat(s) must contain the following statement: "Irrigation service lines are currently available to lots within this plat; however, water for the irrigation system may not currently be available. The City of Pasco is constructing its irrigation infrastructure on an ongoing basis. The use of the system will become available as time and resources permit the expansion and connection of new systems to the existing irrigation supply". This statement must appear on all pages of said final plat(s). 26) Street lighting must be as directed by the City Engineer. Residential street lights are typically installed every 300 feet and collector/arterial street lights are installed every 150 feet. 27) Prior to the City of Pasco accepting construction plans for review for any phase of development the developer must enter into a Storm Water Maintenance Agreement with the City. The developer will be responsible to obtain the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement must be presented to the City of Pasco at the first intake meeting for construction plans for each phase of development. 28) The developer will be required to conform to all conditions set forth in the Storm Water Maintenance Agreement including, but not limited to, regular cleaning and maintenance of all streets, gutters, catch basins and catch basin protection systems. Cleaning shall occur on a regular basis to ensure that no excess build up of sand, trash, grass clippings, weeds or other debris occurs in any portion of the streets, gutters, or storm water collection facilities. Cleaning and upkeep of the streets, gutters, and storm water collection facilities must be to the satisfaction of the City Engineer. The developer will be responsible to operate and maintain the storm drain system in accordance with the Storm Water Maintenance Agreement for a period of up to 5 years from the date of final plat approval for each phase or until the system is accepted by the City of Pasco. The City of Pasco's acceptance of construction plans for subsequent phases of the subdivision will be contingent on the developer satisfying all requirements of the Storm Water Maintenance Agreement. 29) The developer will be required to comply with the City of Pasco Civil Plan Review process. A copy of the requirements for the civil plan review process is available from the City of Pasco Engineering Department. 12 Item : Preliminary Plat - Three Rivers Div I Vicinity • Applicant: Hayden Enterprises N Map File # : PP 08-003 - 1 SITE- ./ o eggs bloww�o ' N U S DR U THREE RIVER Ir o, r J Q WLLJ T - r _ mil- zq�PNE LAKES DR Q ..�;_ WP _ . ;`-�°- o ,;._OVER 0-, . __- fN IS4UALLY DR; a ._ r.r- - �f uj - -- -ENZIAN FALLS"DR �� rr ,r r. -�-� -• • - --- -- ----- NDIFUR PKWY - . _ Land Item : Preliminary Plat Use Applicant : / `Q Map 40 ff OZZO --- Ap ■■. • . ! ■ �■ i� -.►R• , ����. „mss, ►�,� , o! I���so ���so���� Zoning Preliminary Plat `Q Map File 4 : PP 08-003 IN son I ED SITE ED 0 PRELIMINARY PLAT E z R. 29 E. W.M. 9� D a W Located In The N.W. /4, Sec. 10, T. 9 N., R D a oo Cf) c, D= M F-74' C maw .. Y O LO � � o d °O 0 c to v VICINITY MAP G rc NOT TO SCALE Q a 5 >r z V C Scale 1 " = 100' 2M ... Y1 v 100 50 0 100 200 300 " I I t j I I 1 i _.. POWERLINE ROAD O 98.86• 73.89' 83.09' 57.0 �y 42.19 70.00' 70.00' 70.00' 70.00' 70.00' 70.00' 70.00' 88.74' 104.38' 55.67' ti 9i D 80.00' 80.00• 80.00' 80.00• 110.42' 68 50.29 (J �'- ry 17 - 88.48' 70.00 70.00' 70.00' 70.00' 70.00' 70.00' 70.09 70.00' S0.3a' 55 38 ��. m $ io 18 1 cft 9.40 -- 10A 110.67 �er 34 � 35 ° 36 g 37 �7328 sqft ^c4' 39 � 8261 sqft o � $ ° 6411 - 15 16 17 18 19 20 14 g 15 $ 16 $ 17 $ 18 g I g 33 o e000 sgft o 7991 sgft 8000 sgft o 7934 sqa M I 69 26 ° 25 24 g 23 22 21 20 19 12239 sqft s 7000 sgfto sqft ° � r 10-59' 11059 sgft W 39.1a 9224 sqft °� I e!7027 sgftg 7000 sgft° 7000 sgft$ 7000 sgftg 7000 $ 7000 sgfto 7000 sgfto 7000 s fto 8006 s ° 8008 s 12 qo 11999 sgft l 10990 sgft 10990 sgft 10990 sqft 10990 sqft 10990 sqft 10990 sqft 10990 sqft 10792 sqft 17 sgft q 1284' 47.17• 9.18' / ry�h 14 �Sr, s 55.13 ID vb 80.ar 58.06' 9� co 16.17 �0 16 10758 sgft 70.01' 70.00 70.00 70.00' 50.26 54• 50.38 9o.ar s 1 8000 sqft _ _ 5. 52.04' 70.00' 70.00' 70.00 69.99 12 40 2 59 32 440 0 10629 sqft 5Ay LARRADEE DRIVE - °' _ 7292 SQft o 16 g0' tO � o� 47.30' .ar 70,00' 70.00 70.00' 70.00' 70.00' -70.00' 85.79' zv �� - 92.49' D 0, ° t6j � - BASALT FALLS DRIVE �. 13 o- 75.11' 84.85 55 36.56' 70.00' 70.00• 70.00' S7 > 8000 Sgft 13q,1fi ,09.00' CO �oJ 15 g ^o, P� 75.10' 74.90 7y 54.83' b ,3.18 41 CY (� N m It 75.00' 75.00' 38,E 39.38' 39.16 32 ° •✓ 7431 sqft 39.,6' Q 39.,67 13 19 61 60 59 b 58 So21 sgft a 1650' �.:� 6918 ft o $ °m' 7802 sqft o 120.00' 9920, ��, 82.96• 88.82' 88.62' 72.9T Q+ "� 10472 sqft �' �.I a 22.07 OVynerlDeveloper. ,1sT 21 46 7007 sqft 157.00' 100.00' 7680 sgft N 7261 sqft E7350 sgft °7350 sqft °7350 sqft 114.90' ,ZO.00. :: 65 70 4o.7a Hayden Homes 8156 sqft 8214 sqft h 8164 sgft ._ a ,00.ar m 52.93 27 37 ar 3s.n' S.ar TTN- Na S000 sqft m 46 45 44 �, 43 14 $ 2622 SW GLACIER PLACE SUITE 110 - 12 .o " o i� 8051 sgft rr n rn than Macheila b ioo.lr ,00.00 m 56 �i 42 10226 sqft S ° 99.96' 12100°,' 20 31 71.96' 70.oa 70.ar 70.00 m N .. �, M b 10590 sqft N 10835 sgft 10991 sgft N 12256 sgft M o ,p 8000 sgft $ ° ° ° 9 I 7899,,.p 2v q $ 120.00' i 121. 10.63'120.50' m I g b " 10990 sqft " Redmond,0 99.99 b b b o � m 1 $ 8000 sqft e kl __ ry o q o 22 45 $ 48 500°sqft N 720°sgft 720°sgft " Rdmond OR 9775 10o.ar " N 110.9°' 120.00' 64 m LU �, 7� 157.00' Phone: (509) 5!5'4-0858 cj� $ 7108 s ft 7099 sqft I 100.ar ti 7092 sgft q I 11100.01• . 51 g 52 8 53 ` 8000 sqft 8001 sqft _ 28 ( ) g v 91.15' 88.80' 30.05 FaX: 509 734-4285 11 99.99' ,00.,1' s 100.00 7434 sgft 7350 sgfto 735°sqft' 7350 sqft �., 55 43 ® 14 13 _. b° 9 5000 sqft m 30 °0 7505 sqft $ 8016 sgft 8 120.00' 10011 sqft 00 47 b 58 55 63 98 45 b I 10990 sqft _ ENGINEER: I 99.99 b 21 b g $ 8000 sqft $ ° N " 6.53' 63 35.00' 0 17 Qp' m G7 1 23 $ 44 4 ,00.07 720°sgft " 7200 sqft � 39.38' 10001 sqft PLLC 15206 s 157.00 HD.O Design Group, b 10 47.20' 70.00' 70.00' 70.00' 83.10' 37� 120.04' � N�, 120.50' .- �fft ,00.ar 7092 sgft ti 7108 sqft ti 7096 sgft $ 100.00' 8002 sqft 11.45 2126° $.30' 5000 sqft 9 ,�� PENROSE POINT DRIVE _ 44 25.7T 5.91 31.68'-� 9025 sgft 6115 Burden Blvd;Suite E 29 1� b 12 g Pasco, WA 99309 '-- 99.89 100.11' - - CO 8028 S zo 12021' my b b o a 9666' 100.°7 22 29 qft 122 z M '° 48 ,; " 10990 sqft " Phone: (509)547-5119 0 10 0 9 $ b S " 10001 sqft ax 8000 sgft $ 2G4 43 5 $ 8 7200 sgft N z 120.46' 62 m 7 10011 sqft M 15263 F 547 5129 N 7200 sgft C4 " " sqft $ m 157 00' 509) Z ` - o $ S 7099 sgft r. . 5000 sgft " 100.00' a7.ar 70.00• 69-99• 70.01' BOAT co 7912 sqft � Cl) m ti 7092 sgft n 7108 sqft 9.03 m " m 8028 sqft 121.00' a 16.60' ioo.ar @� 463 m 45 N b? a 2,0.20' , SURVEYOR: 461 100.01• 1 LU W 39.16' 9 ® 6 , `� b 11 $ Q ' I 99.99' ,00.1,' 50 49 48 47 0 8037 sqft 12 ' s 8 io0.ar 1 5000 sqft b $ $ $ 7350 7351 sgft °° 8376 sqft 0 1 43' 63 �, 62 in ti b a �' 1 ° 10990 sqft 2200 E. Evergreen Blvd. 9 ° 23 28 a 3 7350 s �"" �; 30 49 10001 sgft m " q minister 8 G►aeser Surveying Inc. ,57.00' 7 8 sqft sgft m qft m �- q WA 98661 2 8000 sqft I $ 25 g 42 $ $ 51 7,00.0, 7zoo sgft 720°sgft N µ �. 7099 sgft ,: - � _ .. � � 7971 sqft m �. 8106 sgft 9983 s � 14816 s ft ° 7092 sgft 7108 sqft _ 8 9 ?D 70 70 24.58' y 24 ° _ Vancouver, ., 100.0°' j 5000 sqft 100.00' O � 8032 sqft 120.19 m b Iola ti 10 s Faxn 509) 54462 02 III � .ar 23 � � 121.00' ' 200.03 N b 99.89• 100.11' 14 99.99 24 17 I 7132 sqft 23.06' 64 12,.28' 50 10001 sqft a 10990 sgft 4.0' 52 6100.01'` $ 9=- $ $ ° 'D 1zo. 61 7- $ . 8 41 8 ® N 7200 sgft 7200 sgrt ® �' 18 0 19 20 21 40.97 I 7976 sgft aft 31 m ,57.00' Rlw .. w b b 26 9 " ° b o+ 8087 s a 13789 sgft b 1 Site Area: 85.59 Acres 'C a g 7099 sgft r< 5000 Sqft 9 11z.fi3 25 9990 sgft 8000 sqft m ti 7092 sgft 7108 sgft ,. 100.00 I H " $7601 sgft 7420 sgft§ 7419 sgfto 7421 sgft 22 m ` ® ,91.56 b 9 Total Lot Count:266 lots �- 100.00 99.89 5 $ V 7475 sgft 0 8029 sqft 12p'20 �0 m 1 p0 13.29• o 40 ,00.11' ® ,00.07 100.00' 12 12 10001 sqft 8 $ Phase s Lot Count:71 lots V.. - RNV '�. 99.99 I 25 16 39.38' 12oae 16.3x' 65 N 10990 sqft Phase 7 Lot Count:59 lots 500°sqft g 9 0 42.60 ° "a, 51 1 b 7 g ® 27 40 0 1 $ 53 g: � 7200 sqft F,4 7200 sqft 48.17 70.00 96.99 70.01' 92.37 Mp1 7977 sgft C� r - m■ 26 S ` �, 8083 sqft 32 \*Ar- �' 12238 sgft 1 I 157'°0' Phase 8 Lot Count. 73 lots `7099 Sgft �n °7000 sgft IR 7092 sqft � 7108 sgft ; $ 4100'01'$ 100.ar _ PACIFIC PINES DRIVE 8 61• �' r 1 ooz8 sgft , N a Phase 9 Lot Count:s3 lots 8030 sgft 16 m 1251 6AS• d 158.8T 10001 sqft $ 8 $ Park: 5.01 Acres -- 109.00 99.89 100.11' 5800 Sgft $ 100.00' - o Og c� .79 A:O o ° 1 19 r. �' $ 26 15 P �- 120- .0 33.05 w 1?2- 52 1 " 1099°sqft " - -: 6 28 7972 sgft 711 sqft zz2a School: 8.04 Acres LU $ 39 b 5' 3 100.01'$ �! 7200 sqft ti 7280 sgft n 43.3T 67.00' 67.00 87.00 87.00' 58.90' ® v 33.88' ` 27 29.3 33 M a 10747 sqft 140' 157.00' o $ 7108 sgft 7099 Sgft " a ° 28T 1�os 6 2.47 max Lot Area: 16,411 sqft '� " 7000 sqft 7092 Sgft 5000 Sgft 100.00' 39 16' 48 8035 sgft 67 e+ 11 1T 10052 Sgft °° 140.38' 1000 i sqft m 7 100.00' 99.as 6 N $ ° 0 49 8314 Sgft 119 ft 8 9 $ qft Average Lot Area:8,300 sqft Z 100.11' ,00.00' 53 52 51 b 50 10990 s " g ® 99.99' 2 8040 3 8.19' , 7731 s ft 1° 13.60 ® 100.01' 8073 sgft 8 9 27 14 8090 sgft 8040 SO- 8040 sgffr 8040 sgFf� sqft r q 12 � `j3 , o " 5 29 38 b g 55 5000 Sqft ° 6b" 8 7zoo sgft $ 7200 sgft $ 101.55 N 28 o , Cq 9568 sgft " 157.00' LLJ 9 1 a b ° S 8 $ 7099 sgft � " _ °. lzoo 15 � �, I Total Right of Way Dedication:21.91 Acres 7000 sgft ° 7092 sgft 7108 sgft 1 100.01' ,00.ar $ 0 20.9031 sgft �8 12 34 10001 sgft m 47 �7 N 126.°6 6 Phase sRight-of-Way Dedication:4.02 Acres ® �-- 100.11' 0 98.78' 67.00 67.00 67.00 N 8321 S a 9 35 0T 3.71'80 Sgft r 5.80 I 10990 Sgft t ,00.00 609 9s.as oo.i I 67.00 116- 7773 N 10086 sgft m 157.00' 9� $ Phase 7 Right-of-Way Dedication:4.62 Acres LL R/W 500°sqft 6 13 g , 19.94' 29 `� Phase 8 Right-of-Way Dedication:5.89 Acres 4 30 37 56 8 8 12.21• � 54 55 �' 15700 Phase 9 Right-of-Way Dedication:7.38 Acres f c $ 01' N 7200 s � 7200 sgft 2, a N N $ o " sqft r, 7756 sqft 1 Q 11 120.94 ip m m g 5 45 - ® 700°sgft ,, 7092 sgft ,� 7108 sgft 7099 sqft 8 ,00.ar 41 42 8 43 $ 44 8 12326 R b9 56 0 35 11216 sqft 9 13722 sqft 5 Q. ,00.00' 96.99 100.11 5000 sqft 8149 sgftN 8040 sgf$ 6040 sgffr 8040 sgff� 8040 sgft 46 3s.Tr $ m 10000' ° 119-66' `` 6029 sqft '' 7984 sgft 10280 sqft �� 10990 sqft Zoning CIaSSifiCatfOn:R-1 ZO 99.99' " 9364 sqft 15.18' 30 m m 76.58 132.52' 4,100.01' 7 12 44.OT 15. 30.19' 157.00' - 3 31 36 57 9 9 9 9 s 39.39 7� $ $ b o $ 5000 Sgft °� f: 7200 sgft r 7200 Sqft 76 9 sqft � 124�Q I „ 5 pa Note: z 7000 sqft 8 7092 sqft 7108 sgft 7099 sqft I 44.19 87.ar 67.ar 87.00 87.00' ,09.73 - too ar E 1 70 9s �s All lots shall have a ten foot utility easement Q ,��' ,�,,' I 3 ,DD.DT GLACIER PEAK DRIVE m 6o2ssgft 7941 sgft 1�' 9 Ml11CILTE0 DRIVE 4 I abutting any right of-way � 99.69' g ,00.ar - - - °° �.9W9 �-� 5000 sqft $ 11 31 m = 36 ?�0 I 10990 sgft " D 58 9 $ b 7,.90' n 7405 sgft 171 1 7 • 13140 sgft 52.03' 92.99' tsr.00' m 2 0 $ 32 g 35 $ loss s 100.°7 7200 sqft 7200 sgft 39.7T -' 7000 sgft " 7092 sgft ,� 7108 sgft 2 42.37 67.78' 67.77 67.79 67.78 67.79 34.84' b : 31-a9 u $ $ 100.00 21.6x' 36.09• , 1.9T 8031 sgft 77 38 �, 39 40 g 3 8 W s' 100.00• 5800 sgfti 39.16' o� 14.82• 56.59' ` 0?, iO 23.1 Sgft m_ 37 ? �'• _ � Q 99.89' 100.11' 100.00' �' 99.99' 1 Q 40 39 38 37 �' 36 35 34 32 2T ' T 15826 sgft N 10050 sqft R 1000°sqft N 11452 sgft 6 ' 10990 sgft p. 1 59 1 100.01' 9 g a, 33 . 33 34 15700 �? 7199 sgft 7199 Sgft r. ° 7969 sgft �8133 sqft 8132 sqft 8134 sqft 8133 sqft 8133 Sgft: 8019 Sgft o 8343 sgft �`�?'� o 9.83' b O m m 6999 sqft $ 7092 Sgft 7108 sqft ° 7098 sgft 2- � 5000 sqft v " 9074 sgft p ,as. a 2 DESIGNED: r n a 100. 100 W I� b 1.7 .73' m 18 19 a1 73. 6' 85.17 10990 sqft ° JEP _. " 8' _ " x r I' ii I � 7g T8 87. 67• 67 / I 9.83 1 58 / I I ry 157.00 DRAWN: 7 I 41 I 59 I I � I 42 � � I JEP 18 19 i 41 42 - - - - I I I 1 `� / 20 I 21 1 22 23 � 57 _ - - - - - 9 10 11 12 I 13 j 14 j 15 I 16 1 17 I // 1 i l0000 sgft sass sgft 10193 sqft I - - - - - _ - _ _1_ _ - - - - - - - -I - - I 8 1 I I I 1 p< I I / I 54.2x• 55.67 54.28• CHECKED: D: 87.07 43 I- - - - - 1 1 1 I I H: ��=700 17 I 20 1 40 1 56 60 6 I 1 i I I Q�P I I - J 82.99' 48.47 EE RIVERS DRIVE SCALE: � 1 I 5 �' - _� _ � � _ � TI��.EE RIVERS DRS'1�E _ THREE _ �o�� � a v: NIA 1 p, �P _ _ _ _ - - _ _ _ - - - - --L_ - - -- - - - - - - - --- - - DRIVE Q - - - - _ - - ---- -- - - _ - - ---- - _ ---- - - - - - - --- - � � � � SEZ 9oa _ Q� _ THREE RIVERS _ - - - ' - "' ' -' - - {VIAT CH LINE SE SHEET 2 FOR CONTINUATION I .� SHEET 44707 �9 ram% N\ Is 4`S`SIOIVAL , r' w .rc J4 IA' • n �b l' W r :r �- - ti -F.A LL' R �� .fir �.,c c�•? _} _�=;� ..r.,..�x ._ ---- ��.. . ORiisim- Wemp, R iom-r Cn3-,2 7q 13 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 08-010 APPLICANT: Charter College HEARING DATE: 10-30-08 443 Meadow Lane ACTION DATE: 11-20-08 Providence, UT 84332 BACKGROUND REQUEST FOR SPECIAL PERMIT: Location of a College/Technical School in a C-1 District 1. PROPERTY DESCRIPTION: Legal: Parcel # 115-502-016: a portion of the South half of Section 8, Township 9 North, Range 29 WM; General Location: 5278 Outlet Dr. Property: Approximately 11 acres 2. ACCESS: The site has access from Sandifur Parkway by way of Outlet Dr. 3. UTILITIES: Municipal water and sewer are available to the site from the right-of-way adjacent to the south line of the property. The property is connected to City utilities. 4. LAND USE AND ZONING: The property is zoned C-1 (Retail Business). All surrounding property is zoned C-1 and undeveloped. 5. COMPREHENSIVE PLAN: The site is designated in the Plan for future commercial uses. The Plan encourages the fostering of adequate provisions for educational facilities throughout the urban growth area. The Comprehensive Plan also encourages the promotion of orderly development including the development of zoning standards for off-street parking and other development standards. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a Determination of Nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21 (c) (RCW). ANALYSIS The application involves the use of two or three suites (10,768 sq. ft.) in the Broadmoor Outlet Mall for the operation of a college. Colleges are unclassified uses and require review through the special permit process prior to locating anywhere within the community. 1 The proposed site is zoned C-1 which permits a variety of retail and office type uses. The administrative offices of the proposed college are permitted use in the district and do not require a special permit to located in the Outlet Mall. The classrooms, the education/skills training, the student counseling portion of the college requires the special permit review. If the college was proposing to open just a business office in the Outlet Mall no special permit would be required. Charter College has signed a lease for 10,768 square feet of floor area in the center the northern Outlet Mall building. This space will be divided into 7 offices, 10 classrooms, a resource center and a student lounge. The College initially plans to offer programs in computer-aided drafting (CAD), medical insurance coding and billing, computerized bookkeeping and a few other courses. Eventually the College will offer five bachelor degree programs and nine associate degree programs. The lease agreement requires the college to participate in all common area charges shared by all lessees within the mall. On October 16, 2008, the Planning Commission heard testimony regarding another non-retail special permit application about this location. The Outlet Mall contains over 103,000 square feet of floor space. Currently only 37,000 square feet of the mall is occupied. There are seven businesses, a Mini Police Station and the Children's Museum within the occupied space. Sixty-five percent of the mall is vacant. The outlet mall was constructed to meet building code requirements for retail activities. Colleges and technical schools are classified in the building code as either "A" occupancies or "B" occupancies depending on the size of the classrooms. When a building is changed from one occupancy class to another (from an "M" [Mercantile] to an "A" [Assembly] or "B" [Business] for example) the building is required to meet life/safety standards required for the new occupancy classification. The specific size and location of the classrooms and offices will determine the applicable building code standards that will apply to the proposed college. To meet the new occupancy requirements, proper exiting, exit signage, emergency lighting, occupancy separation walls (between retail space and college space), and additional restroom facilities may be required by the building code. These requirements are all based on the occupant load of the building. The building code has been developed from years of experience with various types of building occupancies. The code has been enacted to promote the life, 2 safety, and protection of people occupying classrooms, offices and other building spaces. A potential problem with a school/college locating in a commercial area is the fact that some retail establishments or restaurants sell or serve liquor. The issue is typically addressed by placing a condition on the Special Permit approval limiting the college's ability to object to a liquor license. 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. Colleges are unclassified uses and require review through the special permit process prior to locating or expanding in any zoning district. 2. The proposed College site is zoned C-1. 3. Business offices are permitted uses in the C-1 zone. 4. The proposed site is located at 5278 Outlet Drive. 5. The site was originally developed as the Broadmoor Outlet Mall. 6. The Outlet Mall contains over 103,000 square feet of floor area. 7. Sixty-five percent of the outlet mall is vacant. 8. Nine suites of the mall are occupied. 9. The old furniture store portion of the mall (Co2) is currently occupied by a seasonal costume store. 10. The College proposes to lease 10,768 square feet of floor space. 11. Colleges can be classified as an "A" or "B" occupancy under the International Building Code. 12. The Municipal Code (PMC 25.78.170) requires one off-street parking space for 300 square feet of floor area for a vocational school, office, or retail store. 13. The Outlet Mall parking lot was designed to meet or exceed the one- parking-space-to-300-square-feet-of-floor-area ratio. 14. The mall was designed and built for "M" occupancy loads. 3 15. "A" or "B" occupancy building design standards are different than the "M" occupancy standards. 16. The Tri-City population has increased by over 43,000 people in the last eight years. 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 conclusion based upon the criteria listed in P.M.C. 25.86.060., and determine the following: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The plan encourages the location of educational facilities throughout the Urban Growth Area. (2) Will the proposed use adversely affect public infrastructure? The outlet mall was designed to handle significant traffic with a large parking lot and interior circulation. The parking requirements for the proposed college are identical to the parking requirements for retail and offices uses indicating traffic generated by the proposed college will be similar to other permitted uses in the zone. The proposed use will have less impact on water and sewer utilities than a permitted uses such as hotels and motels, Laundromats and restaurants. (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 college will be located in the Broadmoor Outlet Mall and no exterior changes are planned to the building. The current store front character will be maintained. The college will participate in common area maintenance costs to maintain the common area of the mall. (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 proposed college will be located in part of an existing outlet mall and no structures will be built or added to the mall. The site design will remain unchanged. The college will be paying market rent and will be responsible for common area charges like all tenants of the mall. 4 (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 college will generate no more dust, vibrations, flashing lights or fumes than would be expected by permitted retail and offices uses of the zoning district. (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? Experience with the operations with schools and colleges within the community have shown they do not endanger public health or safety and are generally not nuisance generators. RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact and conclusions as contained in the November 20, 2008 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit to Charter College for the location of a college/technical school in suites 208 and 216 of Broadmoor Square with conditions as contained in the November 20, 2007 staff report: APPROVAL CONDITIONS 1) The special permit shall be personal to the applicant; 2) The college must comply with all requirements of the International Building Code for occupancy prior to occupancy by the building; 3) The storefront appearance of the leased space cannot be altered except as needed to comply with building code exiting requirements; 4) The building, including entrances and restrooms, must be ADA/handicap-compliant prior to occupancy; 5) Occupancy of the building for college purposes will not be permitted until the college complies with all conditions listed above; 6) The college shall not object to the transfer, renewal or issuance of a liquor license for an existing or new establishment within 1,000 feet of the property; 5 7) The special permit shall be null and void if a building permit has not been obtained for necessary improvements by December 1, 2009. 6 Item : Special Permit - College in C- 1 Dist Vicin'ty A pplicant: Charter College N Map File # : SP 08-010 SANDIFUR PKWY •r•r. JJ f.- - • SITE r ,7T f , Land Item : Special Permit - College in C- 1 Dist� Use Applicant : Charter College -(N - Map File # : SP 08-010 ` � sANoI.UaP.W, LLJ Vacant i ---------------- SITE Vacant i ---------- Comm. Zoning Item : Special Permit - College in C- 1 Dish Applicant : Charter College -(x)- Map File # : SP 08-010 ` SANDIFUR PKWY C-1 � SITE C -1 CR J J "� I 6f'%~ -. I •...� I � . `" __..- -_-_ . - _ "'ITT- - i, L. ( 1 ! I ' FFl II I .M-IT I I`) I I y eaa = 1 I ' I 1 i 11Lr. L1 i 1 LLLfLL,_ll_) D :-:--fi} `- >, - :ITS I ITf i f_ ; I _ _ i -�Ti7TT1-i-='� , aaa = LLI I I I U,V I In L ! iMIII . I , I { ` ❑ o � as z - - � ���-,i` I�{ �.-- �_�,' ' I • Ris M , �+ all eaa _ i i l TM F 1 FT 17 - Ili- vaa — .. % ITT r . TI I l-ITI.�` ° I � 1 cm tiBG OBG W Ut 491 � HiNON lunM Good UL,I I I iL U- _ i1L U-- ' .' 1 L I I J I I I I r? ,rl ji I I ! i ILL i I ..`. 17►a �l O REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 08-005 APPLICANT: Ron Oak HEARING DATE: 11/20/08 2913 ROAD 70 ACTION DATE: 12/18/08 Pasco, WA 99301 BACKGROUND REQUEST: Rezone from R-S-12 (Suburban Residential) 1. PROPERTY DESCRIPTION: Legal: Lot 1, Oak Estates General Location: 7012 W Argent Rd Property 35,720 square feet 2. ACCESS: The property has access from Argent Road. 3. UTILITIES: Municipal utilities are available in Argent and Road 70. 4. LAND USE AND ZONING: The subject parcel is zoned R-S-12 and is currently occupied by a vacant house. Land use and zoning for surrounding properties is as follows: West- Church/R-S-12 South-Single-family dwellings/R-S-12 East-Retail Strip building/C-1 North-R-S 12/Single-family Dwellings (in the city) R-S-20/Large Animal Vet Clinic (in the County) S. COMPREHENSIVE PLAN: The site is located at the transition between two different land use designations—low density residential and commercial. The Comprehensive Plan designates this area for mixed residential development. Thorough the goals and policies of the Comprehensive Plan the City endeavors to encourage high quality commercial development (LU-4) located near major intersections (LU-4- A) for the avoidance of strip commercial development (LU-1-C). Consistent with the Growth Management Act the Plan also promotes employment and economic opportunity for residents (Policy No. 8 pg 40). The plan (ED-2-D) also encourages a wide range of commercial uses strategically located to support local and regional needs. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANALYSIS/HISTORY The property in question along with others at the southwest corner of Road 68 and Argent was annexed to the City in 2000. This general area of the community has been the location of various commercial activities for at least 30 years. The commercial nature of development in this area is a function its location adjacent a key intersection. The intersection of Road 68 and Argent Road is one of the most significant intersections in West Pasco. Road 68 is the only road west of 4th Avenue that connects West Pasco to the County area (irrigation blocks) north of the City. Road 68 also links the newly developed areas north of I-182 with much of West Pasco. Argent Road is the second longest street east/west in the City. Both Road 68 and Argent are designated as arterial streets in the Comprehensive Plan and in the Regional Transportation Plan. As such these streets will carry ever increasing amounts of traffic. The Comprehensive Plan encourages the location of commercial activities near or around major intersections such as Road 68 and Argent Road. The property in question is about 600 feet west of the Road 68 and Argent Road intersection. By comparison (although on a grander scale) commercial zoning extends along Burden Boulevard east and west of Road 68 for 1,200 to 1,300 feet. The location criteria as identified in the Comprehensive Plan (pg 18) indicate commercial development ought to be located on major circulation routes and of a size consistent with market demand. Properties surrounding the site have been developing with commercial businesses. A 5,400 square foot retail/ office building is located directly across Road 70, while a veterinarians clinic (for large animals) is located on the north side of Argent. A church is located directly to the west. The zoning regulations take into consideration that commercial uses will be located adjacent residential uses; as a result the regulations contain buffering and setback requirements. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: 2 • The property was annexed to the City in 2000. • The Road 68 and Argent Road intersection was upgrade with wider turning radii and a traffic signal approximately 9 years ago. • A 5,400 square foot commercial retail/office building was built directly east of the rezone site in 2001. • The retail/office at 6916 Argent has been fully leased for several years. • The storage buildings at 6908 Argent have been converted to offices since 2000. • In 2003 a church was constructed at 7020 Argent 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare: Allowing the property to be developed with residential uses will eliminate the unkempt nature of the property thereby removing possible nuisance conditions in the neighborhood. Additionally, developed properties contribute more fully (through taxes, fees and licenses) to the funding of municipal services thereby promoting the general welfare. 3. The effect it will have on the nature and value of adjoining property and the Comprehensive Plan: Many of the dwellings in the neighborhood were constructed after the commercial building at 6916 W Argent was built. For example the house directly south of the strip center was built in 2003 (2 years after the strip center was built) and was valued at $114,700. Today the same house is valued at $153,100. Likewise a house on the north side of Argent directly across the street from the strip center has increased in value by $55,000 since 2003, a 46% increase. The proposed rezone supports various goals and policies of the plan as listed Section 5 above. 4. The effect on the property owners if the request is not granted: If the rezone is not granted the property would remain a suburban residential lot. S. The Comprehensive Plan land use designation for the property: The property in question is located in an area of transition and could be zoned either suburban residential or commercially according to the Comprehensive Plan. 3 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 R-S-12. 2) The property is in a transition area between two different land use designations. 3) The property is vacant and in an unkempt condition. 4) A 5,400 square foot commercial retail/office building was built directly east of the rezone site in 2001. 5) The storage buildings at 6908 Argent have been converted to offices since 2000. 6) The intersection of Road 68 and Argent was signalized and improved approximately 9 years ago. 7) The Comprehensive Plan identifies Road 68 and Argent Road as arterials. 8) According to the Franklin county Assessor's records neighborhood property values have been increasing for both residential and commercial properties. 9) Several single-family dwellings have been constructed in the neighborhood since the completion of the commercial building at 6916 W Argent Road. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Planning Commission must develop its conclusions from the findings of fact based upon the criteria listed in P.M.C. 25.88.060. and determine whether or not: (1) The proposal is in accord with the goals and policies of the Comprehensive Plan. The proposal supports goals and policies of the Comprehensive Plan as discussed in Section 5 above. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. 4 According to records of the Franklin county Assessor property values in the neighborhood have increase since the construction of the 5,400 square foot commercial building at 6916 W. Argent Road. (3) There is merit and value in the proposal for the community as a whole. Enabling the property to redevelop with commercial uses will eliminate the unsightly conditions that currently exist as the result of the property being vacant and unmaintained. Cleaning up vacant property and encouraging construction of new commercial buildings has merit and value for the community. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. Other commercial rezones in the general neighborhood were conditional. These rezoned prohibited membership clubs (Moose, & elks etc) taverns dance halls, amusement game centers, billiard/pool halls and automotive repair shops. Buildings and sign heights were also limited to 35 feet by the previous rezones. (5) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. In keeping with past rezones in the neighborhood, the Planning Commission may want to consider requiring conditions on the proposed rezone. RECOMMENDATION MOTION: I move, to close the hearing on the proposed rezone and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the December 18, 2008 meeting. 5 Item: Rezone - R-S- 12 to C- I V'C 'n 'ty Applicant: Ron Oak N Map File : z 0S-005 IL File CD al Co 1 r, 1 eR Oak SITE m � � f, .y 9 � r F F r 0"R Aw� f t .�.. F , Z,7L d 114 ,M — _—. - F IL dL� 4h ., t w"6 1 � _ Land Item : Rezone - R-S- 12 to C- 1 Use Applicant: Ron O Ma File # : Z 08-005 L � 'Vacant '� o ''� Vacant v EaSFDU 's � ° 00 1 ............. �City Limits� - - > o ARGENT RD SITE Commercial SFDU 's _ v o 0 J �0 SFDU S = Vacant -T Zoning Item: Rezone - R-S- 12 to G 1 Applicant: Ron Oak N Map File # : Z 08-005 o R=S=l � Ea R=S=l 2 C -1 =c) 00 0 RGENT RD Li R=S=20 (County) SITE C -1 = o -City Limits ,J �° � - V R=S=l2 R=S=20 (County) REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 08-006 APPLICANT: City of Pasco HEARING DATE: 11/20/08 P.O. Box 293 ACTION DATE: 12/18/08 Pasco, WA 99301 BACKGROUND REQUEST: Rezone from I-1 (Light Industrial) to R-3 (Medium Density Residential) 1. PROPERTY DESCRIPTION: Leal: Lot 1, Block 15, Gantenbiens Addition General Location: 1000 Block of S. 5th Ave Property Size: Approximately 3,900 square feet 2. ACCESS: The property has access from 5th Avenue. 3. UTILITIES: Municipal utilities are available in 5th Avenue. 4. LAND USE AND ZONING: The subject parcel is currently zoned I-1 (Light Industrial) and is undeveloped. Land use and zoning for surrounding properties is as follows: West- Mini Storage/I-1 South-Street R-O-W and the Ainsworth overpass East-Single family dwellings/R-3 North-R-2/Vacant lots S. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for mixed residential development. Thorough the goals of the Comprehensive Plan the City encourages housing for all economic segments of the population (H-1), strives to maintain a variety of housing consistent with the local and regional market (H-2), encourages housing design and construction that ensure long-term sustainability and value (H-4), and supports efforts to provide affordable housing to meet the needs of low and mid-income households in the area (H-5). 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANALYSIS/HISTORY Prior to 2006 the property in question was developed with an auto body shop (Ainsworth Collision). In April of 2006 the City purchased the property along with several others for right-of-way needed for the Ainsworth rail crossing. When the Ainsworth improvements were completed 5th and 6th Avenues were cut off from Ainsworth and tied together with a short street running parallel to the new overpass. As a result of the Ainsworth improvements a small parcel with I-1 zoning remained at the corner of South 5th and the new street. The City was also required to purchase two additional lots directly north of the I-1 parcel as a part of the overpass project. The two parcels to the north are zoned R-2 (Medium Density Residential). The City is in the process of consolidating and short platting the three parcels to create three buildable medium density lots. The lots are planned to be developed with single-family dwellings under the federal HOME program. The City seeking to rezone the property to allow residential development on the only remaining vacant property on S 5th Avenue. Infill development impacts the community in many positive ways provided the development contributes to the cost of local governmental services (City, County, and School District). With the exception of the mini-storage units the neighborhood is developed with mostly single-family homes and residential support services such as Mercer Park, the Migrant council day-care and a church. The industrial zoning appears to be out of character with the neighborhood and is not consistent with the Comprehensive Plan. The property meets the locational criteria for development as identified in the Comprehensive Plan. Utilities are available, the land is suitable for building sites, and more intense zoning is located to the south. The site is located functionally convenient to an arterial street (Ainsworth). The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: • The industrial use on the property was removed in 2006. • The Ainsworth overpass was constructed was completed in December of 2006. • 5th Avenue no longer connects to Ainsworth. • The last remaining vacant lots on the east side of S 5th were developed with single-family (manufacture homes) in 1999 and 2000. 2 • All other lots on S 5th from "A" Street to Ainsworth have been developed with dwellings except the parcels now owned by the City. • The Washington Migrant Council developed a large day care facility on S 6th in the mid-1990's. • The City has upgraded and improved Mercer Park over the last 15 years (Mercer Park is located 2 blocks to the west). 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The rezone will enhance the residential character of the neighborhood by providing an opportunity for the only remaining vacant property on S 5th to development with residential structures. Allowing the property to be developed with residential uses will eliminate the unkempt nature of the property thereby removing possible nuisance conditions in the neighborhood. Additionally developed properties contribute more fully (through taxes, fees and licenses) to the funding of municipal services thereby promoting the general welfare. 3. The effect it will have on the nature and value of adjoining property and the Comprehensive Plan: The proposed rezone is supported by the Comprehensive Plan and would be considered a proper implementation of the plan. Rezoning the property for residential uses would support or improve property values within the neighborhood. 4. The effect on the property owners if the request is not granted: The property is unbuildable as currently zoned. The property will remain undeveloped if it not rezoned. Taxpayers will be impacted by having to cover the cost of maintaining the property in a dust free weed free condition. 5. The Comprehensive Plan land use designation for the property: The Comprehensive Plan designates the site for mixed residential development. The proposed rezone is for Medium Density Residential is consistent with the Plan. INITIAL STAFF FINDINGS OF FACT 3 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 Comprehensive Plan designates the site for Mixed Residential Uses. 3) The mixed residential land use designation per the "Description and Allocation of Land Uses" chart of the Comprehensive Plan (page 17) can include low density through medium density zoning 4) The proposed rezone is consistent with the Comprehensive Land Use Designation for the site. 5) The site was platted in 1888. 6) Every lot on South 5th Avenue from "A" Street to Ainsworth Avenue is developed with residential uses except the parcel in question and two adjoining parcels (all owned by the City). 7) South 5th no longer connects directly with Ainsworth 8) The former auto body shop that occupied the parcel in question has been removed. 9) The Ainsworth overpass was constructed in 2006 10) Mercer Park is located two blocks to the west. 11) The Migrant Council has a large day care facility one block to the west on 6th Avenue. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Planning Commission must develop its conclusions from the findings of fact based upon the criteria listed in P.M.C. 25.88.060. and determine whether or not: (1) The proposal is in accord with the goals and policies of the Comprehensive Plan. 4 The goals and policies of the Comprehensive Plan encourage the development of residential land uses on the site. The proposed zoning district is residential in nature and supports the plan. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. Rezoning the property to medium density residential will complement surrounding zoning and will add to the value of the neighborhood. (3) There is merit and value in the proposal for the community as a whole. Enabling the property to develop with residential uses has merit and value for the community as a whole. If the site were to remain I-1 it would be virtually impossible to develop the site. It would remain vacant and be a constant source of nuisance problems for the neighborhood. The taxpayers would be responsible for weed, dust and litter abatement. Rezoning the property to encourage residential development will enable the property to fully contribute to the funding of public safety, schools, parks and other community services. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. There would be no adverse impacts associated with this rezone. The rezone would only complement the neighborhood. (5) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. RECOMMENDATION MOTION: I move, to close the hearing on the proposed rezone and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the December 18, 2008 meeting. 5 Vicinity Item: Rezone - I- I to R-3 City of Pasco N Map Applicant: File # : Z 08-006 ui ,� v ilk- - " Iry 7-�--�.► _ �t�l •Y � t �-— Or r h ► - ' <b6-- > SITE _ *mA Aft Ilk 41 ' . . , LO _ ►� V 1 Land Item : Rezone - I - 1 to R-3 Use Applicant: City of Pasco «! Ma File # : Z 08-006 1 � w Residential , Day- > < i �I Q Residential care = CO Ind . SITE INS ORTyq Fj ; Industrial �' Industrial SR 39j � V Zoning Item: Rezone - 1 to R-3 Applicant: Cof Pasco N Map File # : Z 08-006 w - - R-2 R-3 SITE LO R-3 L ,T INS R-2 �` 1 - 1 MEMORANDUM Distribution DATE: November 4, 2008 TO: Planning Commission FROM: Rick White, Director Community & Economic Development SUBJECT: Port of Pasco Development Agreement The City and the Port of Pasco have been working to increase marketability of lands in the Big Pasco Industrial Center (BPIC). The latest tool that has been chosen to further this effort has been the formation of a "Development Agreement". Development Agreements are authorized by RCW 36.70(b).170, and authorize a local government to enter into an agreement with an individual or group of owners of property within its jurisdiction. Development agreements call out the standards that govern the property and may cover a range of standards including permitted uses, densities, impact fees, design, phasing, review procedures, and other appropriate development requirements. This proposed development agreement is the culmination of effort that began in 1999. Then, the Port commissioned an engineering firm to prepare a detailed master plan for the BPIC. This 1999 master plan included designation of land use, a discussion of financial and infrastructure issues and a capital improvement program. Since 60 of the 500 acres in the BPIC are within 200 feet of the Columbia River shoreline, a more detailed and comprehensive look at the activities proposed in the 1999 Master Plan was needed. The 1999 master plan was then followed by a Shoreline Management Permit (for redevelopment) that was approved by the City in 2008 (Exhibit "C") Here, the proposed development agreement between the City and the Port governs property shown on Exhibit "D". This Exhibit is also a land use plan that provides the base for future redevelopment of the Port property. This proposed development agreement centers on zoning and permitted uses, development regulations, transportation improvements, public use and access, utilities, and impact fees. This development agreement establishes an initial term of 15 years from its approval with the possibility of an extension. Following is a section summary of the proposed development agreement. • Section 3. Property Governed. This paragraph describes the property covered in the agreement (Exhibit "D") • Section 4. Master Plan/Conceptual Site Plan. This section covers basic land use for the planning area and describes how detailed site plans will be prepared and submitted to the City for the term of the agreement. • Section 5. Zoning and Permitted Uses. This section describes the current zoning (I-1 and I-3) and the permitted and prohibited uses. • Section 6. Development Standards and Regulations. This section recites the applicable development standards that pertain to the property. • Section 7. Vested Rights. This section describes when the provisions of the development agreement become effective and "vest" the development regulations on this site. This is a key provision. One of the important factors that provide an advantage for investment in property is the predictability of land use regulations. This component better positions the Port to market the property and prepare for industrial infrastructure. • Section 8. Transportation Improvements. This section covers transportation standards that will be provided by the Port (Pasco City standards in effect at the time of development). • Section 9. Public Use and Access. This section describes the proposed amenities for public use and access on the property, essentially establishing an extension of the existing trail system (Exhibit"D"). • Section 10. Utility Oversizing. This section accommodates the City's policy that utility infrastructure be installed to meet the future needs of development on adjoining or additional properties. • Section 11. Impact Fee Credits and Latecomers Fees. This section allows the Port to receive fees for development impacts or as a result of latecomer's agreements. • Section 12. Conforming Use. This section establishes the primacy of the development agreement for determining legal land uses in the future. • Section 13. Environmental Review. This paragraph covers applicable law governing conformance with the State Environmental Policy Act; and to the extent practical, uses the environmental analysis that accompanied the 1999 Master Plan and the 2008 Shoreline Permit. • Section 14. Term. This section describes the proposed terms for the development agreement (15 years initially with the possibility of an additional 15 year extension). These three planning efforts - 1999 Big Pasco Industrial Master Plan, the 2008 Shoreline Management Permit and this proposed development agreement are intended to provide the certainty in terms of land use, infrastructure and capital programs that a successful marketing effort requires. As noted earlier, the development agreement is the tool provided by state law that 'bests" regulations in the project and project permit process. RW/sa Cc: Attachments: RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Meridee E.Pabst Miller Nash LLP 500 East Broadway,Suite 400 Post Office Box 694 Vancouver,Washington 98666-0694 DEVELOPMENT AGREEMENT Grantor Port of Pasco Grantee City of Pasco,Washington Abbreviated Legal Assessor's Tax Parcel No(s). : 112-342-340; 112-420-020; 112-420-021; 112-510-080 Other Reference No(s). Effective Date: ,2008 Parties: PORT OF PASCO, a Washington municipal corporation 904 East Ainsworth Avenue Post Office Box 769 Pasco,Washington 99301 (hereinafter referred to as "the Port") and CITY OF PASCO,WASHINGTON, a municipal corporation 525 North Third Avenue Post Office Box 293 Pasco,Washington 99301 (hereinafter referred to as "the City"). RECITALS A. The Port owns certain real property within the City,known as the Big Pasco Industrial Center,totaling approximately 500 acres,for the development of Port projects, -1 - VANDOCS:50073907.10 hereinafter referred to as the"Port Property." The Port Property is legally described in Exhibit"A." B. The Port Property is currently zoned Light Industrial(I-1)and Heavy Industrial(1-3),as depicted on the map attached as Exhibit"B." Similarly,the comprehensive plan designations for the Port Property are Light Industrial and Heavy Industrial. C. For purposes of completing the development of the Port Property,the Port has applied for and received a shoreline substantial development permit pursuant to Title 4 of the Pasco Municipal Code(PMC)and the City's Shoreline Management Master Program("SMMP")for a proposed master plan(the"Master Plan"). The Master Plan approval is found in the staff report and decision dated July 14,2008. A reduced copy of the approved master plan is attached as Exhibit"C." D. The approved Master Plan includes a mix of flexible space for light manufacturing,office,or warehouse use;heavy manufacturing; commercial uses,including retail and restaurants;transportation facilities,including rail and docks; outdoor storage; accessory uses; and recreational facilities,including an amphitheatre,floating docks,trails, water features and open space. The Master Plan is divided into four general areas: (1)the Riverfront Business Park;(2)the Expansion Area;(3)the Retention Area;and(4)the Rail/Barge Terminal Area. E. The Port has prepared a conceptual site plan for the Riverfront Business Park(the"Conceptual Site Plan"),which includes building layout,parking areas,and open space areas. This site plan illustrates land use areas for office/commercial uses,office uses,industrial/office flex uses,and industrial/warehouse uses. A reduced copy of the Conceptual Site Plan is attached as Exhibit"D." F. The Port and the City are entering into a memorandum of agreement to proceed with joint planning for certain property located west of the Port Property(the "Planning MOA"). G. The parties desire to enter into this Development Agreement to govern the development of the Port Property,including vesting as to the permitted uses and to the development standards and regulations in a manner that is consistent with the Master Plan and Conceptual Site Plan. H. Pursuant to RCW 36.70B.170(1),the parties are authorized to enter into a Development Agreement that sets forth provisions that apply to and govern and vest the development and use of the Port Property. NOW,THEREFORE,the parties agree as follows: -2- VANDOCS:50073907.10 1. Recitals. The recitals are hereby incorporated into the parties'agreement and shall be binding on the parties as terms of this Development Agreement. 2. Purpose. The purpose of this Development Agreement is to: 2.1 Set forth the development standards and regulations that will govern the development of the Port Property. 2.2 Establish certainty and predictability in the development review process. 2.3 Vest the Master Plan and Conceptual Site Plan under the provisions of the PMC in effect at the time identified in this Development Agreement,including the permitted uses of the Port Property and the applicable development standards and regulations. 3. Property Governed. This Development Agreement governs the development of the real property the City approved for the Master Plan and Conceptual Site Plan, legally described in Exhibit"A." In the event that the joint planning efforts initiated with the Planning MOA lead to the adoption of a master plan for the development of certain properties west of the Port Property,the parties may add such properties to those governed by this Development Agreement through the execution and recording of an addendum to this Development Agreement. 4. Master Plan/Conceptual Site Plan. The attached Master Plan and Conceptual Site Plan provide the basis for planning the future development of the Port Property. More detailed plans will be prepared and submitted to the City for project approval as site- specific projects evolve and in response to market conditions. Such detailed plans may vary from the Master Plan and Conceptual Site Plan, so long as they are: (a)consistent with the development regulations to which the Port Property is vested under this Development Agreement; and(b)within the overall scope of uses and building areas contemplated in the Master Plan and Conceptual Site Plan. Changes to matters such as the specific locations of building pads will be addressed through the City's usual project permitting process and will not require an amendment to this Development Agreement. 5. Zoning and Permitted Uses. The Port Property is zoned I-1 and I-3 on the City's current zoning map,as shown in Exhibit"B." The parties acknowledge and agree that the Port is entitled to develop all of the Port Property with all of the uses permitted in these two districts,respectively,and all of the proposed uses indicated on the Master Plan and Conceptual Site Plan and identified in the City's case file#SMP08-001. Specifically: 5.1 I-1 Property. The permitted uses are those described in PMC 25.52.020 (permitted outright);PMC 25.52.030(accessory uses); and PMC 25.52.040(conditional uses). -3- VANDOCS:50073907.10 5.2 I-3 Property. The permitted uses are all of those not otherwise prohibited by law, except the following prohibited uses: (1) Single-family dwellings; (2) Multiple family dwellings; (3) Public and private schools except for apprenticeship and vocational training programs; and (4) Community service facilities. 6. Development Standards and Regulations. The proposed development shown in the Master Plan and Conceptual Site Plan is allowed in the City's Light Industrial and Heavy Industrial zones. Therefore,consistent with the nature of the Port's proposed development and consistent with the City's comprehensive plan and the zoning districts identified above and other applicable land use regulations,the following policies, standards, and documents in effect on the vesting date described in Section 7 below, Deleted:September 1,zoos govern the build-out of the Master Plan and Conceptual Site Plan: 6.1 The SMMP. 6.2 Title 23 PMC,governing Environmental Impact,including Chapter 23.11, Critical Lands Protection. 6.3 Title 24 PMC,governing Floodplains. 6.4 Title 25 PMC,governing Zoning. 6.5 Title 26 PMC,governing Subdivision Regulations. 7. Vested Rights. The parties agree that the development of the Port Property is vested as of the date on which the�he City Council approved this Development_ Deleted:Pores submittal of the Agreement,as to the permitted uses and development standards and regulations described proposed development agreement to the p p � City was determined by the City to be in the City's zoning and other land use ordinances and codes in effect at that time, fully complete,or September 1,2008 including but not limited to those identified in Section 6 above;provided that,the Port has agreed to develop transportation improvements in accordance with the City's streets and sidewalks standards in effect at the time of development,as provided in Section 8. This Development Agreement and the development standards and regulations incorporated by reference in this Development Agreement govern during the term of this Development Agreement,and any approved extensions,for all or that part of the build-out of the Master Plan and Conceptual Site Plan specified in this Development Agreement,and may not be subject to any amendment to a zoning ordinance,development standard,or land use regulation adopted after the effective date of the Development Agreement. Such above -4- VANDOCS:50073907.10 identified development regulations shall vest with the benefit of the Port and its successors in interests,and are thereby applicable during the term of this Agreement. Any permit or approval issued by the City after the execution of this Development Agreement must be consistent with this Development Agreement. The development regulations adopted subsequent to the effective date of this Agreement, shall not be applicable to the Port Property,except as otherwise provided in this Agreement,or as may be required by subsequently adopted State or Federal statutes. Development of the Port Property shall,at all times,strictly conform to all applicable provisions of the City's Comprehensive Plan,zoning ordinances,and all other applicable laws,rules and regulations governing the development of the Port Property subject to those vested rights provided for in this Section 7. 8. Transportation Improvements. The Port will construct transportation improvements to serve the development of the Master Plan according to the City Streets and Sidewalks standards(Title 12)in effect at the time of development. 8.1 The Port will install a center left turn lane and curb and gutter on Ainsworth Avenue between Grey Street and Oregon Avenue. 8.2 All transportation improvements(including,without limitation,all right-of- way and utility improvements)within the Master Plan area,which are necessary to serve the Port Property and to mitigate impacts from the Master Plan development,shall be constructed by the Port;provided that,the Port may share the improvement costs with other landowner and/or developer parties according to any mechanism authorized by law, such as a statutory reimbursement agreement or a contract. 9. Public Use and Access. During the term of this Development Agreement,the Port shall preserve and maintain public use and access to the shoreline area lying landward for fifty(50)feet from the ordinary high water mark along the property shown in Exhibit"C," specifically in that portion of the property for which the river frontage is indicated as a "Public Access" area and over which an existing trail is marked in red,to protect the public's opportunity to enjoy the physical and aesthetic quality of the shoreline,including view of the water,and recreational use of the adjacent aquatic lands. The Port reserves the right to restrict public access to certain daylight hours and for other reasons protective of safety and security. 10. Utility Oversizing. The City desires that the utilities infrastructure installed upon the Port Property that may become the property of the City be sufficiently sized to meet the needs of the development of adjoining additional properties. The Port is agreeable to installing such utilities with greater capacities in connection with providing City utility -5- VANDOCS:50073907.10 services for the Port Property,in consideration of the City's payment of the additional construction costs required to accommodate the City's request for expanded capacity. 11. Impact Fee Credits and Latecomer Fees. Nothing contained in this Development Agreement shall preclude the Port from receiving impact fee credits to the extent available under the terms of the applicable provisions of Washington state statutes and the PMC and/or latecomer fees pursuant to a latecomer agreement. 12. Conforming Use. Notwithstanding any future change in the comprehensive plan or zoning designation for the Port Property,the City acknowledges and agrees that so long as any future uses of the Port Property are provided for in this Development Agreement, such uses shall be and remain legal conforming uses. 13. Environmental Review. In approving the Master Plan and Conceptual Site Plan, the City complied with the State Environmental Policy Act. Potential future environmental review of plans for development according to the Master Plan and Conceptual Site Plan shall be governed by WAC 197-11-600(When to use existing environmental documents), or as it is hereafter amended and/or recodified. 14. Term. The initial term of this Development Agreement shall be for fifteen(15) years from the effective date of this Agreement,with the Port entitled to extend the term according to this section,after approval by the City by resolution. The City will grant one fifteen-year extension upon a demonstration that: (a)the Port has proceeded in good faith in developing the Master Plan and Conceptual Site Plan; (b)the Port has obtained building permits for no less than two(2)buildings in the Master Plan and Conceptual Site Plan;and (c)there has been no substantial change in circumstances in the immediate area which would cause the Master Plan and Conceptual Site Plan to be incompatible with either the surrounding uses or the land use designations in the Comprehensive Plan in effect at the time of extension. 15. Required Public Hearing. This Development Agreement is authorized by a Resolution of the City Council of the City of Pasco following a hearing as required by RCW 36.7013.170. 16. Default. In the event either party fails to perform the terms and provisions of this Development Agreement,which failure continues uncured for a period of sixty(60)days following written notice from the other party(unless the parties have mutually agreed in writing to extend this period)shall constitute a default under this Agreement. Any notice of default shall specify the nature of the alleged default and,where appropriate,the manner in which the alleged default may be satisfactorily cured. If the nature of the alleged default is such that it cannot be reasonably cured within the sixty(60)day period,then the commencement of actions to cure the alleged default within the sixty(60)day period and diligent prosecution of such actions necessary to complete the cure of the alleged default, -6- VANDOCS:50073907.10 shall be deemed to be a cure within the sixty(60)day period. Upon a default of this Agreement that is not cured as provided above,the non-defaulting party may institute legal proceedings to enforce the terms of this Agreement. If the default is cured,then no default exists,and the noticing party shall take no further action. 17. Extension of Time for Performance. Notwithstanding anything to the contrary contained in this Agreement,neither party shall be deemed to be in default where delays and performance or failures to perform are due to war,insurrection,strikes or other labor disturbances,walkouts,riots,floods,earthquakes,fires,casualties,acts of God,restrictions imposed or mandated by other governmental entities,enactment of conflicting state of federal laws or regulations,extended appeals by third parties or similar basis for excused performance which are not within the reasonable control of the party to be excused Upon the request of either party,an extension of time for such cause shall be granted in writing for the period of the forced delay,or longer,as may be mutually agreed upon. 18. Remedies. Either party may,in addition to any other rights or remedies,institute an action to cure,correct,or remedy any default; enforce any covenant or agreement set forth herein;enjoin any threatened or attempted violation of this Agreement, enforce by specific performance the obligations and rights of the parties to this Agreement,or obtain any remedies consistent with the foregoing and the purpose and intent of this Agreement. In the event of a dispute arising out of or relating to this Agreement,whether or not suit or other proceedings are commenced and whether in mediation,arbitration,at trial on appeal, or in administrative proceedings,the substantially prevailing party shall be entitled to its costs and expenses incurred, including reasonable attorney's fees. Venue shall be in Franklin County,Washington. 19. Negotiation and Arbitration. The parties will try to resolve disputes through informal good faith negotiations,with either party having the right to declare an impasse in the informal negotiation. Disputes not resolved through negotiation or mediation will be resolved by arbitration,with each party choosing an arbitrator and two arbitrators choosing a third. The majority decision of the arbitrators will bind all parties. Unless awarded otherwise by a majority of the arbitrators,the parties will share equally the fees and expenses of the arbitrators. The arbitration will be conducted under RCW 7.04A,and the Superior Court Rules for Mandatory Arbitration(MAR). This dispute resolution clause shall survive termination of this Agreement. 20. Exception to Vesting/Serious Threat to Public Health. Nothing contained in this Development Agreement shall preclude the City from exercising any and all rights it has under RCW 36.70B.170 to address issues of public health and safety. In the event the City is faced with an unforeseen serious and immediate threat to public health,safety and welfare directly affecting this project,the City may,upon notice to the Port,propose new or different regulations applicable to the property than those established in Section 7 above. In such event,the City and the Port shall negotiate such new or different -7- VANDOCS:50073907.10 regulations to be applicable to the property. In the event the parties are unable to successfully renegotiate such new or different regulations,either party may seek immediate binding arbitration in accordance with the procedures established by RCW 7.O4A and the Court Rules of Mandatory Arbitration(MAR). 21. Construction. This Development Agreement sets forth the entire agreement of the parties. This Agreement shall be construed as a whole. No amendment,change or modification of any provision of this Agreement shall be valid unless set forth in writing and signed by both parties. To the extent of any conflict with any City Zoning Rules and Regulations which may otherwise govern the Port Property,the terms and conditions of this Development Agreement shall prevail. 22. Waiver/Severability. The failure of either party to insist upon or enforce strict performance by the other party of any of the provisions of this Development Agreement or to exercise any rights or remedies under this Agreement shall not be construed as a waiver or relinquishment of any extent of such party's right to assert or rely upon any such provisions or rights in that or any other instance;rather,the same shall be and remain in full force and effect. The invalidity or enforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 23. Binding Effect. This Development Agreement,or a summary thereof, shall be recorded against the Property and shall run with the land,subject only to the express conditions or limitations of this Agreement,and shall be binding upon and inure to the benefit of the respective successors and assigns of the parties. Upon assignment of this Development Agreement or the conveyance of any parcel of the Port Property to which this agreement is applicable,the assignee/grantee shall be deemed to assume all rights, obligations and liabilities set forth in this Agreement as they relate to such parcel. 24. Cooperation. Each party shall take such action(including,but not limited to the execution,acknowledgement and delivery of documents)as may reasonably be requested by the other party for the implementation or continuing performance of this Development Agreement. In the event of any administrative,legal or equitable action or other proceeding instituted by any person not a party to this Agreement challenging the validity of any provision of this Agreement,or any subsequent action taken consistent with this Agreement,the parties shall cooperate in defending such action or proceeding to settlement or final judgment,including all appeals. Each party shall select its own legal counsel and retain such counsel at its own expense. 25. Transfer or Assignment. The Port shall have the right to assign or transfer all or any portion of its interest,rights obligations or responsibilities under this Development Agreement,including all development approvals and all subsequent actions,to third parties acquiring an interest in the Port Property or any portion thereof,including,without -8- VANDOCS:50073907.10 limitation,purchasers,or long-term ground lessees of individual lots,parcels or any lots,or facilities comprising a portion of the projects. Any such transfers shall not release the Port from its obligations and responsibilities pursuant to this Agreement and any development approval unless the City has consented to such transfer in writing. In the event of a request for a consent to a transfer,the City's consent shall not be unreasonably withheld, conditioned or delayed. Provided City consent is obtained for a transfer,any transfer agreement or document may(i)release the Port from obligations under this Agreement, including development approvals and any subsequent actions,that pertain to the portion of the Port Property being transferred,provided the transferee expressly assumes the Port's obligations and responsibilities; (ii)transfer to the transferee all vested rights to improve that portion of the Port Property being transferred;and(iii)may address any other matter deemed by the Port or the City to be necessary or appropriate in connection with the transfer or assignment. Written notice of any proposed transfer or assignment for which consent from the City is sought shall be mailed to the City at least thirty(30)days in advance of the proposed date of transfer. Failure of the City to respond within the thirty (30)day period after receipt of a request by the Port for such consent shall be deemed to be the City's approval of the transfer in question. All benefits and burdens to the real property described herein are intended to and shall run with the land and shall be enforceable upon and for the benefit of subsequent owners and successors in interest to all or any portion of the Port Property. 26. Warranty of Port's Authority. The Port hereby warrants to the City that the undersigned is authorized to negotiate and execute this Development Agreement and to bind the Port Property and all fee owners subject to and contingent upon acquisition of the property by the Port or its successors or assigns. 27. Warranty of City's Authority. The City is delegated with authority pursuant to RCW 36.70B.170,et al.,to enter into Development Agreements as a proper exercise of municipal police power and contract authority. This Agreement is entered into pursuant to said authority. It is hereby warranted that the undersigned Mayor has and is authorized to enter into this Agreement. DATED this day of 12008. CITY OF PASCO PORT OF PASCO By: By: Title: Title: -9- VANDOCS:50073907.10 ATTEST: City Clerk Approved as to form: Exhibit Listing Exhibit"A" Legal Description of Port Property and Parcel Map Exhibit"B" Zoning Map Exhibit"C" Master Plan Exhibit"D" Conceptual Site Plan -to- VANDOCS:50073907.10 State of Washington ) ) ss. County of ) I certify that I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that he/she signed this instrument,on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the Port of Pasco to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 12008. Notary Public for Washington (Printed or Stamped Name of Notary) Residing at My appointment expires: State of Washington ) ss. County of ) I certify that I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that he/she signed this instrument,on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the City of Pasco to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 12008. Notary Public for Washington (Printed or Stamped Name of Notary) Residing at My appointment expires: -11 - VANDOCS:50073907.10 LAND USE O/C Office/Commercial 1 to 3 Story Buildings Office 1 to 3 Story Buildings To HWY 395 Industrial/Office Flex Los I/OF 1 to 2 Story Buildings \ Industrial/Warehouse I/W 1 Story Buildings � Potential Buildings OAS Open Space 0 0 Q 11w Reten ion Area c6 East Ainsworth IIOF II© Ainsworth Ave. INV El E.Dock St O/C O/C INV Existing Barge Terminal Potential Existing Trail Viewing Dock 200'Shoreline Zone Existing Trail Expansion Area Riverfront Business Park Potential Barge Terminal Columbia River N 1200 600 0 1200 FT. �4` PORT OF Exhibit C: Approved 2008 Master Plan jd whifea���.Oq 1:00PASCO Big Pasco Industrial Center as sue:c rone xmmmwmnon and ­*-1 LAND USE 0 O/C Office/Commercial 1 to 3 Story Buildings Office O 1 to 3 Story Buildings Industrial/Office Flex I/OF 1BSF 0 1 to 2 Story Buildings _ — Industrial/Warehouse oi m �� 11W 1 Story Buildings I o New Track 410 New Tracks O/S Open Space zzsso zo,aoo m . BSF - 22,660 zo,aoo r Future Track 415 ® BSF BSF I6 ® mm a �� MEMORANDUM DATE: November 20, 2008 TO: Planning Commission FROM: Dave McDonald, City Planner SUBJECT: Sign Code Amendment Approximately 2 years ago the City Council adopted a sign code to provide direction for the placement of signs within the City. The purpose of the sign code was to increase the effectiveness of visual communication within the city while promoting the general welfare of the community. The Sign Code established design, construction and maintenance standards for all signs erected in the City. The Code also lists and defines various types of signs. Included in the sign definitions are freeway interchange signs, directory of tenant signs and community event signs. These sign all provide identification or advertizing for businesses or events that may or may not be on the property where the sign is located. Freeway interchange signs for example, provide regional identification for a group of businesses that collectively occupy a minimum of 15 acres of land. Community event signs are temporal signs that are permitted on or off the property where the community event is taking place. In reviewing the various types of sign in the sign code staff has recently been made aware of the fact that there is a need for a sign that provides identification of large community sports, entertainment or trade show events. Attached is a proposed code amendment that provides a definition for regional community events along with some locations standards for regional community events signs. This proposed code amendment has been placed on the workshop agenda for Planning Commission review and comment prior to a public hearing. 1 ORDINANCE NO. AN ORDINANCE AMENDING PMC Chapter 17.13 DEALING WITH OFF-PREMISE SIGNS. WHEREAS, cities have the responsibility to regulate and control physical development within their borders and promote the public health, safety and welfare of the community; and, WHEREAS, the Pasco Municipal code defines a variety of signs including freeway signs that provide regional identification for a group of businesses within a defined business association where said businesses occupy a minimum of 15 acres of land; and, WHEREAS, the Pasco Municipal Code permits business complex signs that identify a business complex with multiple businesses that may or may not be located where the business complex sign is located; and, WHEREAS, the Pasco Municipal Code permits special event signs for community events to be displayed on or off the premises where the event is taking place; and, WHEREAS, Community event facilities used for sports events, entertainment, conventions, trade shows and events of region wide interest are functionally similar to regional business complexes and or community events activities that are permitted to have off-premise signage and or large business complex signs; and, WHEREAS, the City Council has determined that to further the purposes of the sign code and the proper identification of community wide events and activities at regional community event centers it is necessary to amend PMC Chapter 17.13; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. That Chapter 17.03 of the Pasco Municipal Code shall be and hereby is amended to include a new subsection 17.03.01 (A) (49.01) to reads as follows: 49.01) SIGN— COMMUNITY EVENT REGIONAL means a sign that identifies events occurring at a regional sports/entertainment/convention/trade facility containing 60 or more acres located within 1,000 feet of a freeway interchange and adjacent a highway of statewide significance. Section 2. That Chapter 17.13 of the Pasco Municipal Code shall be and hereby is amended to include a new subsection to reads as follows: 17.13.080 Community Event Regional Signs. Community events regional signs are permitted on public or private property within 1,200 feet of the facility property. Public community events signs shall not be more than 200 square feet per face and shall not be greater than 50 feet in height and shall be a single pole mount system. Said pole shall be painted gray, tan light brown or other neutral color as approved by the Community & Economic Development Director. Public community events signs shall only be used for advertizing events and activities at the facility and or non commercial events of community wide interest. Section 3. This ordinance shall become effective 5 days after publication as required by law. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this day of , 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy Leland B. Kerr Deputy City Clerk City Attorney