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HomeMy WebLinkAbout12-18-2008 Planning Commission Meeting Packet PLANNING COMMISSION - AGENDA REGULAR MEETING 7:00 P.M. DECEMBER 18, 2008 I. CALL TO ORDER: II. ROLL CALL: Declaration of Quorum III. APPROVAL OF MINUTES: November 20, 2008 IV. OLD BUSINESS: A. Rezone R-S-12 (Suburban Residential) to C-1 (General Business) (Ron Oak) (10712 W. Court St.) (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) V. PUBLIC HEARINGS: A. Development Big Pasco Industrial Center (Port of Pasco) (3295 E. Agreement Ainsworth Ave.) (MF# SMP 08-001) B. Special Permit Captain Gray Annex Modifications (Pasco School District No. 1)(1110 N. 10th Ave.) (MF# 08-014) C. Special Permit Location of a Children's Learning Center in an R-1 District (Dolores Escalera) (1730 W. Park St.) (MF# SP08- 011 D. Code Amendment Sign Code (Community Event Regional Signs - City wide) (City of Pasco) (MF# CA 08-005) WORKSHOP: VII. OTHER BUSINESS: VIII. ADJOURNMENT: REGULAR MEETING NOVEMBER 20, 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. Commissioner Little stated he would recluse himself from the Charter College item because his son may be the architect on the project. 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 Hay, that the minutes dated September 16 and September 30, 2008 be approved as mailed. The Motion carried unanimously. -1- 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( Chairman Samuel read the Master File number and explained that the proposed Water Treatment Plant was the subject of a public hearing last month. Chairman Samuel asked for discussion and or comments from staff. Staff had no additional comments. Commissioner Little moved, seconded by Commissioner Anderson, that the Planning Commission adopt the Findings of Fact and conclusions as contained in the November 20, 2008 staff report. Commissioner Little further moved, seconded by Commissioner Schouviller, 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. The motion was unanimously approved. Staff noted this item would go to the City Council at their first regular meeting in December. Staff briefly explained the appeal process. 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 and explained that the proposed Church was the subject of a public hearing last month. Chairman Samuel asked for discussion and or comments from staff. Staff had no additional comments. Commissioner Cruz moved, seconded by Commissioner Anderson, that the Planning Commission adopt the Findings of Fact and conclusions as contained in the November 20, 2008 staff report. Commissioner Cruz further moved, seconded by Commissioner Anderson, 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. The motion was unanimously approved. -2- Staff noted this item would go to the City Council at their first regular meeting in December. Staff briefly explained the appeal process. C. Preliminary Plat Heritage Village Phase 5, 15-Lots (Fastrack, INC.) (North end of Road 90) (MF# PP 08-002) Chairman Samuel read the Master File number and explained that the proposed Water Treatment Plant was the subject of a public hearing last month. Chairman Samuel asked for discussion and or comments from staff. Staff had no additional comments. Chairman Samuel questioned the Plat approval condition #7 and wanted clarification of what type of fence would be allowed. Staff stated fences are vinyl in this neighborhood and would be consistent to compliment the neighborhood. Chairman Samuel questioned the Plat approval condition #9 and questioned the actual dollar amount for the deposit and how that dollar amount is determined. Staff stated the dollar amount is determined by the Engineering department. Commissioner Rose moved, seconded by Commissioner Anderson, that the Planning Commission adopt the Findings of Fact and conclusions as contained in the November 20, 2008 staff report. Commissioner Rose further moved, seconded by Commissioner Hay, based on the Findings of Fact as adopted, 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 staff report. The motion was unanimously approved. Staff noted this item would go to the City Council at their first regular meeting in December. Staff briefly explained the appeal process. D. Preliminary Plat Three Rivers Crossing, 266-Lots (Hayden Enterprises, INC.) (North of Three Rivers Drive/West of Road 60) (MF# PP 08-003) Chairman Samuel read the Master File number and explained that the proposed plat was the subject of a public hearing last month. Chairman Samuel asked for discussion and or comments from staff. -3- Staff reviewed some minor clarifications in the recommended plat approval conditions. Item #20 referencing the development of Power Line Road and Item #28 referencing the Storm Water Maintenance Agreement were discussed. Commissioner Little moved, seconded by Commissioner Cruz, that the Planning Commission adopt the Findings of Fact and conclusions as contained in the November 20, 2008 staff report. Commissioner Little further moved, seconded by Commissioner Anderson, based on the Findings of Fact as adopted, 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 staff report. The motion was unanimously approved. Staff noted this item would go to the City Council at their first regular meeting in December. Staff briefly explained the appeal process. E. Special Permit Location of a College/Technical School in a C-1 District (Charter College) (5278 Outlet Drive) (MF# SP 08-010) Chairman Samuel read the Master File number and explained that the proposed College/Technical School was the subject of a public hearing last month. Chairman Samuel asked for discussion and or comments from staff. Staff had no additional comments. Commissioner Hays moved, seconded by Commissioner Anderson, that the Planning Commission adopt the Findings of Fact and conclusions as contained in the November 20, 2008 staff report. Commissioner Hays further moved, seconded by Commissioner Anderson, 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 listed in the staff report of November 20, 2008 staff report. The motion was unanimously approved. Staff noted this item would go to the City Council at their first regular meeting in December. Staff briefly explained the appeal process. PUBLIC HEARINGS: A. Rezone R-S-12 (Suburban Residential) to C-1 (General Business) (Ron Oak) (7012 W. Argent Road) (MF# Z 08-005) -4- Chairman Samuel read the master file number 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 reviewed recent development activity in the vicinity of Road 68 and Argent Road pointing out the commercial zoning and development that has occurred in the neighborhood. The applicant constructed a 5,400 square foot commercial/retail office building directly to the east of the rezone site in 2001. In 2003, a church was constructed at 7020 Argent Road to the west of the rezone site. Staff reviewed the written report for the benefit of the Planning Commission and explained that past rezones in the area were conditioned with a concomitant agreement to address neighborhood concerns about taverns, membership clubs, game centers and similar uses. Commissioner Rose asked what types of businesses the owner was planning on locating in the proposed project. Staff explained the owner's current strip mall to the east has offices, a pizza parlor, a fitness center, a beauty parlor, and a tax office. Chairman Samuel asked if any complaints have been received from the existing strip mall. Staff stated none had been reported. Ron Oak, 2913 Road 70, Owner 7012 W. Argent was present to speak in favor of the rezone. Mr. Oak explained the property was currently occupied with a home that needs repair. The intent is to build a strip mall to match his current strip mall to the east. Chairman Samuel called for public comment. After three calls for comments the hearing was closed. Commissioner Anderson moved, seconded by Commissioner Cruz, 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. Staff noted this item would return to the Planning Commission for deliberations prior to going to the City Council at the first regular meeting in January. B. Rezone I-1 (Light Industrial) to R-3 (Medium Density Residential) (City of Pasco) (1000 Block of S. -5- 5th Avenue) (MF# Z-08-006( 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 in April of 2006, the City purchased the property in question along with several others for right-of-way needed for the Ainsworth rail crossing. After the completion of the Ainsworth improvements a small parcel with I-1 zoning remained at the south end of 5th Ave. The City through the Federal HOME program plans to develop the property in question along with two other parcels with some homes. The proposed rezone would allow residential development to occur on the only remaining vacant property on South Stn Avenue. Staff then explained the community benefits of infill development. Chairman Samuel called for public comment. After three calls for comments the hearing was closed. Commissioner Schouviller moved, seconded by Commissioner Hays, 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. The motion passed unanimously. Staff noted this item would return to the Planning Commission for deliberations prior to going to the City Council at the first regular meeting in January. WORKSHOP: A. Development Big Pasco Industrial Center (Port of Pasco( Agreement (MF# SMP 08-0011 Chairman Samuel read the master file number opened the hearing and asked for comments from staff. Staff stated development agreements have been authorized by state law since the mid- 1990's. They were authorized as part of the regulatory reform process for local land use that occurred in 1995-1996. Development agreements attempt to set the rules so development can go forth under the land use regulations that were in effect when a permit is applied for. Vesting sets and freezes the development regulations for the life of the development agreement. State law does not specify how long development agreements are valid. Most cities allow 10-20 years with a renewal clause. The establishment of development agreements must follow the local land use processes. The proposed development agreement is site specific and therefore, the City Attorney has advised the -6- proposed agreement should not be consider in a workshop. Staff explained the agreement would be place on next months agenda as a public hearing item so proper notification can be made to the public. Chairman Samuel asked if there were any development agreements in the City. Staff stated there were none. However, a number of concomitant agreements are in place which are similar to development agreements. B. Code Amendment Sign Code Amendment (Community Event Regional Signs) (City of Pasco) (MF# CA 08- 005) Chairman Samuel read the master file number opened the hearing and asked for comments from staff. Staff explained this item was not site specific and would apply to any site in the City that would qualify under the proposal. It was further explained that there was a need in the community for signs that provided identification of large community sports, entertainment or trade show events. As a result a proposed code amendment had been drafted. Staff reviewed the proposed definition of a Regional Community Event sign. The proposal would permit off-premise signs to identify events occurring at a regional sports/entertainment/convention/trade facility containing 60 or more acres located within 1,000 feet of a freeway interchange adjacent a highway of statewide significance. The proposed would create code language similar in nature to the freeway interchange sign regulations that permit the Pasco Auto-Plex sign. Commissioner Rose asked what constituted an event. Staff clarified the proposal was not for an event, it is for facilities. It would allow regional sports/entertainment/convention/trade facilities to advertise events. Commissioner Rose was concerned about the allowable size for this type of sign. Staff stated the sign would not be larger than the Pasco Auto-Plex sign. Chairman Samuel asked if our sister cities had this type of sign code. Staff stated the City of Kennewick addresses these types of signs with a conditional use permit. Commissioner Cruz asked about the requirement for a single pole. Staff stated the use of a single pole was a height limiting issue. Chairman Samuel asked if there were any restrictions for a lighted sign. -7- Staff stated no. Planning Commission members briefly discussed the option of reviewing Regional Community Event signs through the special permit process. Commissioner Anderson and Commissioner Hay stated they were in favor of providing specific code requirements versus review through the special permit process. Commissioner Little asked if the Food Pavilion site would be eligible for this type of sign. Staff stated no, the Food Pavilion site was not large enough to meet the requirements. OTHER BUSINESS: Staff introduced Shane O'Neill, the new Planner I to the Planning Commission. With no further business, the Planning Commission was adjourned at 8:05 pm. Respectfully submitted, David McDonald, Secretary -8- 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) to C-1 (Retail Business) 1. PROPERTY DESCRIPTION: Leal: Lot 1, Oak Estates General Location: 7012 W Argent Rd Property Size: 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. Through 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 of its location adjacent to 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 veterinarian's 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 to 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 upgraded 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 commercial 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 in 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. 5. 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 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 rezones 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 the Planning Commission adopt the Findings of Fact as contained in the December 18, 2008 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council rezone the site from R-S- 12 (Suburban Residential) to C-1 (Retail Business) with a condition prohibiting the following uses. A. Taverns, Membership Clubs (meaning or limited to fraternal organizations such as the VFW, the Moose, the Elks etc.), Billiard/Pool Halls, Amusement Game Centers, Automotive Repair, Auto and similar sales, Card Rooms/Bingo Parlors, Dance Halls and similar establishments, upholstery shops. 5 B. Buildings and signs shall be limited to a height of 35 feet. C. Outdoor lighting and sign lighting shall be designed to limit secondary effects on neighboring properties. Back lit fascias, parapet walls, fuel island canopies and building walls shall be prohibited. 6 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. Through 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 is 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 completed in December of 2006. • 5th Avenue no longer connects to Ainsworth. • The last remaining vacant lots on the east side of south 5th were developed with single-family (manufacture homes) in 1999 and 2000. 2 • All other lots on south 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 daycare facility on south 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 south 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 is not rezoned. Taxpayers will be impacted by having to cover the cost of maintaining the property in a dust and 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 and is consistent with the Plan. 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. 3 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. 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. 4 (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 possible 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 the Planning Commission adopt the Findings of Fact as contained in the December 18, 2008 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council rezone the site from I-1 (Light Industrial) to R-2 (Medium Density Residential). 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 REPORT TO PLANNING COMMISSION MASTER FILE NO: SMP08-001 APPLICANT: Port of Pasco HEARING DATE: 12/18/08 PO Box 769 ACTION DATE: 1/15/09 Pasco, WA 99301 BACKGROUND REQUEST: Development Agreement with the Port of Pasco for property within the Big Pasco Industrial Center (BPIC). 1. PROPERTY DESCRIPTION: Legal: Please see Exhibit "A". General Location: North and south sides of Ainsworth Avenue west of the Sacajawea Park Road and east of Maitland Road. Property Size: Approximately 500 Acres. 2. ACCESS: The BPIC is currently zoned I-1 (Light Industrial) and 1-3 (Heavy Industrial) (Exhibit "B"). Zoning to the north of the BPIC is light industrial as is zoning to the west. The State Park and Columbia River abut the BPIC on the east and south respectively. Access to the property is generally provided by Ainsworth and Oregon Avenues; but also provided by a series of private and local access roads/drives. 3. UTILITIES: Portions of the BPIC are served by all utilities and portions are only partially served. The provision of necessary utilities to applicable portions of the BPIC is contemplated through the provisions of the Master Plan 4. LAND USE AND ZONING: NORTH- Various industrial and heavy commercial uses in a Light, Industrial zoning district SOUTH- Columbia River EAST- State Park and Snake River WEST- Various industrial and heavy commercial uses in a Light, Industrial zoning district 5. COMPREHENSIVE PLAN: The Comprehensive Plan designation for this property is "Industrial" 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance by adopting SEPA document #SEPA 08-004 (DNS issued by the City of Pasco in May 2008 for the BPIC Master Plan) DISCUSSION The City and the Port of Pasco have been working to increase marketability of lands in the BPIC. The latest tool that has been chosen to further this effort is a "Development Agreement". Development Agreements are authorized by RCW 36.70(b).170, and allow 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 property and may include permitted uses, densities, impact fees, design, phasing, review procedures, and other appropriate development requirements. This proposed development agreement (Exhibit "F") 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 affects 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. Exhibit "E" is also contained with the list of attachments for this item. This exhibit identifies additional non-Port owned properties directly adjacent to the BPIC on the west (Boat Basin). Between these non-Port owned properties and the Cable Bridge is the "Tank Farm" remediation area owned by the Port. The Port and the City have been in discussion about a joint planning effort that would focus on the Boat Basin and Tank Farm areas - recognizing that the entire contiguous rivershore area west of Sacagawea Park and the Cable Bridge would benefit from a coordinated effort at land use, infrastructure and amenity planning. This effort is proposed to begin in 2009, after the execution of a Memorandum of Agreement. Following is a sectional summary of the proposed development agreement. 2 • 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. 3 • 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). STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the staff report. The Planning Commission may add additional findings as deemed appropriate. 1) The site is located in a Light, and Heavy Industrial zoning district. 2) The site is owned and operated by the Port of Pasco. 3) The property contains approximately 500 acres, 60 of which are located within 200 feet of the Columbia River shoreline. 4) In 1999, the Port of Pasco engaged in a Master Planning effort for the property that included designation of land uses, establishment of financial and infrastructure targets and a capital improvement program. 5) Through the City of Pasco, the Port obtained a Shoreline Management Permit for redevelopment of a portion of the property in 2008. 6) Development Agreements are authorized by RCW 36.70(b).170 and permit local governments to enter into agreements with individual or groups of property owners within its jurisdiction. 7) Development Agreements may call out the standards for development that govern particular properties and may include permitted uses, densities, impact fees, design, phasing, review procedures and other similar and appropriate requirements. 8) The Comprehensive Plan and Economic Development Element within the Plan encourage planned development of economic infrastructure in conformance with land use, utility and transportation goals and policies of the Comprehensive Plan. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of this proposed development agreement, the Planning Commission should draw its conclusion from the record. Staff has put forth the following conclusions for the Commission's consideration: 4 (1) The proposed Development Agreement supports the Comprehensive Plan policies and goals. The proposed use supports plan policies or goals as follows: (a.) Comprehensive Plan goal ED-1 supports the maintenance of Economic Development as an important and ongoing City initiative. (b.) The GMA and the narrative in the Economic Development Element encourage economic development that is consistent with adopted comprehensive plans. Pasco's Comprehensive Plan encourages development in urban areas where public facilities and services are available to support development and where services necessary to support development are adequate and does not decrease service levels below established standards. (2) The proposed agreement will not adversely affect public infrastructure. One of the prime benefits of a development agreement is that it provides the predictability necessary for a substantial investment in infrastructure. In this case, a master land use concept plan has been developed for the BPIC. This master plan contained a utility and transportation element. The purpose of this element is to serve the BPIC properties with appropriate, property specific service related to transportation and utilities that is coordinated with the City. (3) Will the proposal use be in harmony with existing or intended character of the general vicinity? The surrounding area is zoned light industrial with accompanying heavy commercial and industrial uses. The proposed development agreement seeks to "set" land use regulations for the term of the agreement (initially 15 years) and provide for infrastructure needs in conformance with current and future Pasco City standards. The Port has prepared two planning documents that precede the proposal. This includes the 1999 Master Plan and the 2008 (City- approved) Shoreline Permit for redevelopment. The overall intent is to fully develop properties within the BPIC for industrial uses as current zoning allows. 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 5 state law that "vests" regulations in the project and project permit process and provides this certainty. (4) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The proposed agreement does not seek to change permitted uses within the Light/Heavy Industrial classifications, but reiterates that the permitted uses in those zoning districts are the uses that will occur within the lands affected through the proposal. (5) Will the proposal promote the public health, safety and general welfare within the community The Comprehensive Plan designates the BPIC as "Industrial" and the Light and Heavy zoning districts are in conformance with the Comprehensive Plan. The proposal incorporates two key planning products - 1999 Master Plan and the 2008 Shoreline Substantial Development Permit. Both of these planning products and the proposed development agreement seek to implement the Comprehensive Plan by leveraging public resources to provide infrastructure and position properties to realize private investment. This private investment, in turn, provides employment and creates wealth within the community, thereby providing for an important component of overall community benefit. RECOMMENDATION MOTION: I move to close the hearing on the proposed development agreement and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the January 151h, 2009 meeting. 6 • • *' �■ :1��IMn„ilsr�_L� if+ SN�ti�'1q~,its • ��� �X11 ��������1��■■�aarti�� 4�1��'�i�kl�+�Pi��+ � ',r° E -=■�Ir�ii/r.0 air `""laal�la�i�lZ�M�.�._ 4 1♦�■ 1■ f ! •rl1A r• � � �� ■ � � �■� qP Los im • � � ++:` _ sly �!� • fF 1/ RI 1 91 i l IN jd white tAl PORT OF Exhibit • • Map INEPASCO i • Pasco Industrial 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 �� Office/Commercial 1to3StoryBuildings Adjacent Non-Port Owned ffic 10 o 3 Story Buildings Development i � Potential Buildings l Marina -- Parks&Open Space - - --- - --- _----- ------------ Ainsworth Ave. -- -- Residential 0 0 _M0 I R OIS - I 000 O/C 3 Existing Existing Trail Marina 0 200'Shoreline Zone low 4V *F Columbia River 0 It 100 1 200 0 a PORT OF Exhibit E: Additional Non-Port Owned land jd H3.PASC0 Big Pasco Industrial Center ►� am a O REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 08-014 APPLICANT: Pasco School District #I HEARING DATE: 12/18/08 1215 W Lewis St ACTION DATE: 1/15/09 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Captain Gray Annex Modifications (Pasco School District) (Court St 8s 10th Ave) 1. PROPERTY DESCRIPTION: Legal: Blocks 1-8, Sylvester's 3rd Addition. General Location: 1102 North 10th Ave. Property Size: Approximately 6 acres (only the portion occupied by Captain Gray Annex) 2. ACCESS: The site has access from 10th Avenue. 3. UTILITIES: Municipal services are available on surrounding streets. 4. LAND USE AND ZONING: The site is currently zoned R-1 (Low Density Residential) and is developed with the Captain Gray Annex. Pasco High School is directly to the south. The properties to the west, south and east are generally zoned R-1 with some small areas of C-1 (Retail Business) located along Court Street. The properties to the north are zoned R-3 (Medium Density Residential) and C-1. These properties are developed with churches, retail establishments and residential units. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for public or quasi public uses such as schools. The proposed use is to convert the property from high school use to a kindergarten facility. Goal OF-5 suggests adequate provisions for educational facilities should be located throughout the urban growth area. Policy-5-A encourages the appropriate location and design of schools through out the community. 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). DISCUSSION Grade schools are listed as unclassified uses in the Pasco Municipal Code Title 25 (Zoning). Unclassified uses may be permitted in any zoning district following a review through the Special Permit process. The Captain Gray Annex has been located at the southwest corner of Court Street and 10th Avenue for over 20 years. The Annex replaced the original Captain Gray Elementary School that stood on the site for more than 30 years prior to the construction of the Annex. The neighborhood surrounding the annex is fully developed. An on-line search of the Franklin County Assessors records (December 2008) revealed that values of residential properties located across Henry Street and or 10th Avenue from the Pasco High School campus have maintained value or appreciated in value. Surrounding properties have increased in value an average of nearly $30,000 since the last revaluation in 2006. The Pasco School District desires to re-configure the existing bus loading/unloading, parent pickup and staff parking areas to increase staff/student safety and to accommodate the busing of kindergarten students. Site modifications include the following: 1) Removing the 8 portable units from the west side of the annex; 2) Installing a ten-bus loading area (40' buses) that would come off Court Street and exit onto 10th Avenue; 3) Adding 52 staff parking stalls just north of the bus loading zone; 4) Reconfiguring the public parking area north and east of the school building with 13 drop-off spaces, 15 parking spaces, and 4 handicap accessible spaces; and 5) Installing a 6' fence along the west border of the school and on the inside of the bus loading zone. Any improvements needed in infrastructure, the moving of water lines on-site and/or street repairs associated with construction activities shall be the responsibility of the School District. 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 Captain Gray Annex is located in an R-1 zone. 2. A school building has been located on the site for approximately 50 years. 2 3. The Captain Gray Annex is being converted to a kindergarten facility. 4. Grade Schools are unclassified uses that require review through the special permit process prior to permitting for construction. 5. The Captain Gray Annex site is fully developed with surrounding infrastructure in place. 6. The site is within the City limits of Pasco. 7. The Comprehensive Plan identifies the site for public or quasi-public uses. 8. Comprehensive Plan Goal OF-5 suggests adequate provisions for educational facilities should be located throughout the urban growth area. 9. The site is bounded on two sides by major streets. 10. A risk management study was performed by the Washington Schools Risk Management Pool. According to this study the Pasco High School Students would logically follow 10th Ave as the walking route to and from the high school. 11. There is currently no marked or lighted crossing at 10th Ave. The existing crossing is located approximately 250 feet west of 10th Ave. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The proposed use supports the following plan policies or goals: OF-5 suggests adequate provisions be made for educational facilities throughout the Urban Growth Area. Policy-5-A encourages the appropriate location and design of schools through out the community. The future land use map of the Comprehensive Plan designates the site for public and quasi-public uses. Schools are public uses. 2) Will the proposed use adversely affect public infrastructure? The Captain Gray Annex site is fully developed. Surrounding streets and utilities have been in place for many years. These utilities have been sized to accommodate the needs of the grade school. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? 3 The Captain Gray Annex has been located at the southwest corner of Court Street and 10th Avenue for over 20 years. Single family houses, churches and businesses have all developed around the school. The school is a major part of the general character of the neighborhood. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The neighborhoods surrounding the Captain Gray Annex are fully developed. An on-line search of the County Assessors property records indicates property values near the Captain Gray Annex have increased in recent years. The revisions to parking/loading area and the removal of portable structures will not adversely impact the neighborhood. 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 proposed modifications of the Captain Gray Annex will not increase the schools capacity to house more students in classrooms. The modifications are designed to increase staff/student safety and to accommodate the rerouting of bus traffic. With the completion of the new high school on Argent Road student enrollment at the Pasco High School will decrease, thus freeing up the annex for other needed classroom uses. The Captain Gray Annex has a long history of being part of the neighborhood in which it is located. 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 proposed school parking lot and bus lane modifications are designed to enhance the safety of students, teachers and visitors to the school. The neighborhood has a long history with this property being developed with school buildings. Schools have a long history of acceptance in residential neighborhoods. In most communities schools are located in or near residential neighborhoods. The education and social development of children is generally not viewed as a nuisance. (Proposed) Approval Conditions (1) The special permit is personal to the applicant; 4 (2) The site modifications shall substantially conform to the site plan submitted with the special permit application; (3) The existing lighted crosswalk located on Court Street between 10th Avenue and 121h Avenue must be relocated to the intersection of Court Street and 10th Avenue. This would require the intersection to be converted to a fully signalized intersection. (4) The special permit shall be null and void if a building permit has not been obtained by July 30, 2009. RECOMMENDATION MOTION: I move to close the hearing on the proposed Captain Gray modifications and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the January 15, 2009 meeting. 5 iCinitY Item- p�eclal Permit - Ccl"t. Gray Annex A Map Pasco School bistrict N - File : SP 08-014 ' RUBY S La <l t�j 21 lffAf COURTST . u r, e 1 f. Lr . .. A .. _ _ l _ .SITE _ AM- BROWNS�. . r-BFTOWN Sr PM Lu w! dlW I cc Zt _ Q IET ,. R I E"ST_ m r Ok .5 •— - - - .. - A F - -_ _ t � Y Land Item: Special Permit - Ca pt. Gray Annex 1 Use Applicant: Pasco School District -(x)- Mae File # : SP 08-014 ` RUBY ST - RUBY F Mixed I � 'i Commercial Res. Com � IComm . COURT ST r I BROWN ST BROWN ST 7w SFDU S—,- Pasco = ,Stmuu 'sa C� � � v � � � � HighMARIE ST MgRIE ST School �� L School OCTAVE ST Zonin Item: Special Permit - Cap t. Gray Annex g Applicant: Pasco School District N Map File #: SP 08-014 R=;j RUBY ST RUBY S a ¢ a Q R=3 Iv0ll J C � M N O Irl- F COURT ST � � CA SITE BROWN ST BROWN ST w R-1 � R-1 -R-1 CD 00 MARIE ST :��ARIE ST OCTAVE ST Z Y fi 6 W V, a 2 Z> G co 2J5 0 3 U_ O S R z d o a W O R cLIO v 3f1 m UIOI J.1 ° W � cn Z w 13 O m Q z V O ¢ C7 b v Q o - O � O cn Q x q � W 3II � i Z LL - Q Z 0 � Q z cn ---- i Q ° I100 W CD w z o WO W X 0 II 30 cc w� III ° a C ¢ ` X oW ow W w AAV Uldl w - - U 1 z LL r mIIII col w El r y W REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 08-011 APPLICANT: Dolores Escalera HEARING DATE: 12/18/2008 1730 W. Park St. ACTION DATE: 1/15/2009 Pasco WA. 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a Children's Learning Center/Daycare in an R-1 District. 1. PROPERTY DESCRIPTION: Legal: Blk 8, Stadium Park Addition, together with the North 1/2 And South 1/2 Vac Alley Adjacent. General Location: 1730 West Park Street Property Size: 296 ft x 272 ft or 80,512 square feet (1.85 acres) 2. ACCESS: The site's principle access is from 18th Avenue; however, access also exists from Nixon & Park Street and 181h Avenue. 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The site is currently zoned R-1 (Low-Density Residential) and contains one church building. The properties to the south are zoned R-2 and R-1, containing four duplexes and one single family home. The properties to the west are zoned R-1 and contain single-family dwellings. Pasco School District High School Stadium/Boys and Girls Club to the east is zoned R-1 (Low-Density Residential) and the properties to the north are zoned R-1 which contain single-family dwellings and one duplex. S. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Low-Density Residential uses. Goal LU-3-A encourages the location of daycare facilities in residential neighborhoods. 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 site was originally developed in 1965 with a church and supporting parking facilities. The church has been a part of the surrounding neighborhood for the last 43 years. The applicant is proposing to locate a children's learning/daycare center in a portion of the church. The applicant's proposal involves the use of 5 rooms within the church to provide daycare and learning services for up 50 children. The ages of the children will range from 1 month to 11 years. Initial hours of operation will be from 5:00 AM to 7 PM Monday through Friday. The site is located one block east of 20th Avenue and one block north of Sylvester Street and as such is functionally convenient to both arterial streets. The site is fully developed with streets and curbing on all four sides. A sidewalk is located on all sides of the property except along 18th Avenue. Although not a residential use, daycare facilities and churches are often located in or adjacent to residential neighborhoods. Church and daycare activities in residential neighborhoods usually do not generate complaints from neighbors. The church was built on the site after most of the homes were built in the neighborhood. Traffic to and from the proposed learning/day care center will typically coincide with the morning and afternoon peak traffic through the neighborhood (Per ITE Trip Generation Manual Vol. 7) The Trip Generation Manual indicates the existing church (8,000 sq ft) could generate up to 300 vehicle trips on a Sunday with 94 trips being generated during peak hours. There are 34 hard-surfaced parking spaces and 33,980 square feet of gravel parking surface on the site. Approximately 42% of the 1.85 acre site is devoted to parking. The Department of Social and Health Services (DSHS) typically requires outdoor play areas for daycare facilities. No such play area is proposed at this time. However, the site has an area (approximately 1,882 square feet) enclosed by a six (6) foot masonry wall which may be suitable as a play area. INTIAL 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-1 Low-Density Residential. 2. The Comprehensive Plan identifies the site for Low-Density Residential uses. 2 3. The Pasco High School Stadium/Boys and Girls Club site is located directly to the east of the site and are in the R-1 zoning district. 4. The building proposed for child learning/daycare center use is currently a church. 5. A church has existed at this location for approximately forty four (44) years. 6. Franklin County Assessor records indicate residential property values within the neighborhood have increased in the last 3 years. 7. The proposed learning/day care center could generate approximately up to 120 vehicle trips a day (including employees) if each child arrived in an individual vehicle. 8. The applicant indicated a maximum capacity of fifty (50) children for the learning/daycare center. 9. Sidewalks exist on three sides of the property. 10. There are two driveway entrances to the church parking lot on Nixon Street and two on Park Street. However, one entrance on Park Street is barricaded. 11. Existing handicap accessible pedestrian ramps do not meet current City of Pasco Standards. 12. Insufficient right of way exists to install approved handicap accessible pedestrian ramps. 13. The driveways entrances on the church property are severely deteriorated or consist of gravel. TENTATIVE CONCLUSIONS BASED ON INTIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The site is identified in the Comprehensive Plan for Low-Density Residential uses. Churches, schools and daycare facilities are often located with residential zoning districts. The proposed learning/daycare center supports Plan Goal LU- 3-A that encourages such facilities to be located in residential neighborhoods. 3 2) Will the proposed use adversely affect public infrastructure? All municipal utilities serve the proposed site. The utilities serving the property are sized to serve utility demands of greater intensities than the proposed use. 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 use will be located within an existing church and will not alter the existing or intended character of the surrounding residential neighborhood. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The proposal involves the use of an existing church. The church building will not be altered or changed. The existing church has not negatively affected existing residential development nor has the church affected recent redevelopment of the Boys and Girls Club of the Edgar Brown Stadium facilities. Franklin County Assessor records indicate property values around the church have increased in recent years. 5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? Traffic to and from the site will correspond to the morning and evening peaks through the neighborhood. The proposed learning center/daycare use inside the church will be similar to activities in the Boys and Girls Club directly across 18th Avenue. This use will not generate vibrations, fumes and other items that would be objectionable to the neighborhood. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way become a nuisance to uses permitted in the district? The proposed learning center/daycare facility will be located inside an existing church building and will have a low probability of creating a nuisance for the surrounding neighborhood. Approval Conditions 1) The special permit shall be personal to the applicant; 4 2) The applicant shall maintain a current Department of Social and Health Service license at all times for the activities allowed on the site; 3) The number of children permitted on the site shall be determined by the strict application of the DSHS day care criteria and shall in no case exceed 50 children; 4) The applicant shall comply with all DSHS operational requirements for the daycare; 5) Sidewalk must be constructed along 18th Avenue. 6) All driveway entrances (existing or proposed) must be constructed to City of Pasco standard 3-5 and must have a minimum of 40 feet of hard surface pavement from the right of way line into the property. The pavement width must equal the width of the driveway entrance. Existing driveways cut outs that are not being used must be removed and replaced with standard curb, gutter and sidewalk. 7) Handicap accessible pedestrian ramps must be constructed to current City of Pasco construction standards at all four property corners. Curb returns must have a minimum radius of 25 feet. All rights-of-way required for the new curb returns and pedestrian ramps must be dedicated to the City of Pasco. 8) The special permit shall be null and void if a modified business license has not been obtained by August 3, 2009. RECOMMENDATION MOTION: I move to close the hearing on the proposed learning center/daycare and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the January 15, 2009 meeting. 5 Item: Special Permit Preschool in R- 1 Zo e ViCinitY - A licant: Dolores Escalera N Map File : SP 08-011 rxw mA►RGARET.ST '" . , gift ME .111w, PAID ST US ~ _ �ui , i r ui vp SITE of F IL .r a` F y. Land Item : Special Permit Preschool in R- 1 Zone Use Applicant: Dolores Escalera N Map File # : SP 08-011 ` MARGARET ST --I� Boys & SFDU 's—_ PARK ST Girls Club/ a i � SlTE High CD CN School NIXON ST Stadium Commercial SVLVESTER ST Zoning Item: Special Permit Preschool in R- 1 Zo e Applicant: Dolores Escalera N Map File # : SP 08-011 MARGARET ST R=1 PARK ST R=1 w w > > Q SITE Co 0 N NIXON ST IR117 C-1 SYLVESTER ST MEMORANDUM DATE: December 12, 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 signs 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 and some locations standards for Regional Community Events signs. The proposed code amendment limits the use of Regional Community Event signs to facilities that are located on 60 or more acres within 1,000 feet of a freeway interchange. The proposal limits signs to 50 feet in height with no more than 200 square feet of display area per face. The Planning Commission discussed the proposed code amendment in a workshop last month. A hearing has been scheduled for the December 181h meeting. Recommendation MOTION: I move the Planning Commission recommend the City amend Title 17 to include provisions for Regional community Event signs as indicated in proposed ordinance. 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 and Economic Development Director. Signs not conforming to the provisions herein may be reviewed and approved on case-by-case basis through the special permit process. Provided, however, no sign greater than 50 feet in height or more than 200 square feet in size shall be permitted. Community Event Regional 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