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HomeMy WebLinkAbout08-21-2008 Planning Commission Meeting Packet PLANNING COMMISSION - AGENDA REGULAR MEETING 7:00 P.M. August 21, 2008 I. CALL TO ORDER: II. ROLL CALL: Declaration of Quorum III. APPROVAL OF MINUTES: Dated July 21, 2008 IV. OLD BUSINESS: A. Comp Plan Review Comprehensive Plan Land Use Map (City of Pasco) (MF#CP 07-002) V. PUBLIC HEARINGS: A. Special Permit Location of a New Middle School at the SW corner of Rd 52 & Power Line Rd (MF#SP 08-007) (Pasco School District) B. Code Amendment Business Park Zone Modifications (City of Pasco) (MF#CA 08-002 C. Rezone C-1 (Retail Business) to B-P (Business Park) (Rod McClaskey) (2701 W Court) (MF#Z 08-002) VI. WORKSHOP: A. Code Amendment Critical Areas Ordinance (MF#CA 08-003)(City of Pasco) VII. OTHER BUSINESS: VIII. ADJOURNMENT: REGULAR MEETING July 17, 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: -1- Commissioner Little moved, seconded by Commissioner Rose, that the minutes dated June 19, 2008 be approved with the corrections on the CDBG funding information. The Motion carried unanimously. OLD BUSINESS: A. Preliminary Plat Sun View Estates, 21-Lots (All-Pro Contracting Inc.)(3300 Block of Wernett Rd)(MF#08-001) Chairman Samuel read the master file number and asked for comments from staff. Staff stated this item was presented last month at the public hearing where testimony was provided by the applicant, adjoining property owners and staff. Staff reviewed the proposed plat approval conditions related to the need for a sound wall as well as utilities, curb, gutter and sidewalks needs. Staff explained a power line is located in the front of the property and as a condition of development it needs to be underground and or a bond needs to be in place to cover the undergrounding of the power line. This is a requirement that is in effect for all developments, churches, and in some cases schools. Staff recommended that the Planning Commission discuss the condition related to the sound wall. Chairman Samuel asked if the applicant was aware of the undergrounding of the power lines. Staff stated the applicant was aware of the requirement to underground power lines, pointing out the applicant's last subdivision, Sunrise Estates, was required to underground/relocate power lines. Chairman Samuel asked if the development would be surrounded by a block wall. Staff stated the development has lots that are facing Wernett Street and would not be required to be surrounded by a block wall. The recommendation would be for a sound wall to be along the freeway side of this development. Commissioner Schouviller asked about the existing grade in relation to the highway. Staff commented it varies. Chairman Samuel questioned if the recommendation would need to be revised. Staff stated it would vary depending on the area. -2- Commissioner Cruz recommended that the sound wall be at least 8 ft above the height of the finished highway and questioned the context of a berm. Staff explained the height of the berm was to bring the bottom of the wall level with the grade of the freeway. Commissioner Cruz commented there needed to be a rule or policy that applies to situations like this. Staff suggested condition #4 could be restated to read; the sound wall shall be a minimum of 8 ft in height above the grade of the adjoining I-182 freeway. The grade in the plat would need to be raised to meet the grade of the freeway. Commissioner Little questioned if that height would cover the sound issue. Staff commented it would cover sound issues for the standard one story house. There may be sound issues for two story houses. Commissioner Little further asked about the types of homes being built in this development. Staff stated this developer typically builds one story houses. Commissioner Rose moved, seconded by Commissioner Little to adopt the findings of fact as contained in the staff report of July 17, 2008. The motion was approved unanimously. Commissioner Rose moved based on the findings of fact as adopted, seconded by Commissioner Hay the Planning Commission recommend the City Council approve the Preliminary Plat for Sun View Estates with conditions as listed in the staff report of July 17, 2008. The motion was approved unanimously. Staff noted the recommendation would go to the City Council for action at the first regular meeting in August, 2008. An appeal of the recommendation would cause a closed record hearing to be held before the City Council. B. Special Permit Iglesia Apostolica De La Fe En Cristo Jesus (Francisco Barrera) (3212 Wernett Rd)(MF#SPOS-003) Chairman Samuel read the master file number and asked staff for comments. Staff stated this item was presented last month at the public hearing. Staff provided a list of recommended conditions for approval of the special permit. -3- Staff pointed out condition #10 references a sound wall and should be consistent with the conditions set for the previous agenda item. Staff stated the list of conditions was mailed to the applicant prior to the Planning Commission meeting. Commissioner Hay moved seconded by Commissioner Schouviller the Planning Commission adopts the Findings of Fact and conclusions as contained in the July 17, 2008 staff report. The motion was approved unanimously. Commissioner Hay further moved, based on the findings of fact as adopted, seconded by Commissioner Schouviller, the Planning Commission recommend the City Council grant a special permit to Iglesia Apostolica De La Fe En Cristo Jesus for the location of a church at 3212 Wernett Road with conditions as contained in the July 17, 2007 staff report. The motion was approved unanimously. Staff noted the recommendation would go to the City Council for action at the first regular meeting in August, 2008. An appeal of the recommendation would cause a closed record hearing to be held before the City Council. C. Special Permit Iglesia Bautista El Calvario (Joe Franco)(216 N. 11th Ave)(MF#SPO8-004) Chairman Samuel read the master file number and asked staff for comments. Staff stated this item was presented last month at the public hearing. Staff provided a list of recommended conditions for approval of the special permit. Staff also explained as previously discussed, the Public Works Department had some concerns about public access to the proposed church through the alley. The main concern was the alley not being the standard width of a street. Staff explained the church would only have 6 parking spaces in the alley which would generate 24 vehicle trips each week vs. residential neighbors generating an estimated 70 vehicle trips each week per house. Commissioner Schouviller asked what type of road surface was in the alley. Staff stated it was an oiled rock surface and the section by the car wash is paved. Commissioner Schouviller moved seconded by Commissioner Little that the Planning Commission adopts the Findings of Fact and conclusions as contained in the July 17, 2008 staff report. The motion was approved unanimously. Commissioner Schouviller further moved based on the findings of fact as adopted seconded by Commissioner Kempf, the Planning Commission recommend the City Council grant a special permit to Iglesia Bautista El -4- Calvario for the location of a church at 216 North 11th Avenue with conditions as contained in the July 17, 2008 staff report. The motion was approved unanimously. Staff noted the recommendation would go to the City Council for action at the first regular meeting in August, 2008. An appeal of the recommendation would cause a closed record hearing to be held before the City Council. D. Special Permit Kingspoint Christian School Master Plan (Georgia Perkins)(33O9 Rd 1OO)(MF#SPO8-005) Chairman Samuel read the master file number and asked staff for comments. Staff stated this item was presented last month at the public hearing. Staff provided a list of recommended conditions for approval of the special permit. The applicant received a copy of the recommended conditions and spoke briefly with staff prior to the Planning Commission meeting. There was one concern expressed over condition #12 related to the sports field lighting. The restriction on sports field lighting did not preclude lighting for night security. Chairman Samuel asked about the lighting standards and comparison to Tri- City Prep High School. Staff commented the lighting study and conditions for the Prep school was tied to Chapel Hill Blvd. This facility does not have an area to allow for such separation. Commissioner Cruz stated that Tri-City Prep High School has a fair distance between apartments and homes. Commissioner Schouviller asked what the applicants' response was. Staff stated the applicant was concerned with safety lighting and want security night lighting. In the future, if there was ever a need for sports lighting the applicant could apply for a special permit. Commissioner Rose questioned the landscaping requirements. Staff stated this project is being developed in three stages and will meet the requirements for landscaping. Commissioner Kempf questioned if the issue with Willow Way has been addressed. Staff noted it was covered in condition #13. -5- Commissioner Little moved seconded by Commissioner Rose the Planning Commission adopt the Findings of Fact and conclusions as contained in the July 17, 2008 staff report. The motion was approved unanimously. Commissioner Little moved based on the findings of fact as adopted seconded by Commissioner Schouviller, the Planning Commission recommend the City Council grant a special permit to Kingspoint Christian School for the location and development of a school in the 3000 block of Road 100 with conditions as contained in the July 17, 2008 staff report. The motion was approved unanimously. Staff noted the recommendation would go to the City Council for action at the first regular meeting in August, 2008. An appeal of the recommendation would cause a closed record hearing to be held before the City Council. E. Special Permit Franklin County Courthouse Parking Lot (Franklin County)(1016 N. 4th Ave)(MF#SP08- 006 Chairman Samuel read the master file number and asked staff for comments. Staff stated this item was presented last month at the public hearing. Staff provided a list of recommended conditions for approval of the special permit. Commissioner Hay moved seconded by Commissioner Little the Planning Commission adopt the findings of fact and conclusions as contained in the July 17, 2008 staff report. The motion was approved unanimously. Commissioner Hay moved based on the findings of fact as adopted seconded by Commissioner Schouviller, the Planning Commission recommend the City Council grant a special permit to Franklin County for the location and development of a new parking lot at 1016 N. 41h Avenue with conditions as contained in the July 17, 2008 staff report. The motion was approved unanimously. Staff noted the recommendation would go to the City Council for action at the first regular meeting in August, 2008. An appeal of the recommendation would cause a closed record hearing to be held before the City Council. PUBLIC HEARINGS: A. CDBG Program 2009 Community Development Block Grant Program Development (MF# CDBG08-002) -6- Chairman Samuel read the master file number and asked staff for comments. Staff explained this item was before the Planning Commission last month and that Federal Regulations require two public hearings. Applicants had been notified of the meeting and invited to attend, none were present at tonight's meeting. The CDBG Administrator provided a brief overview of the CDBG program and explained the city would be receiving about $600,000 in CDBG funds for 2009. In addition there would be approximately $10,000 in program income and $266,175 available from reallocation of prior year activities. For 2009, the City will have an estimated total of $876,175 for project activities. Thirteen (13) proposals were received totaling $921,000. Twelve (12) projects were presented at the last Planning Commission hearing; one (1) application was withdrawn. Staff recommendations for funding 12 projects totaling $851,176 was provided in the staff report. Chairman Samuel opened the hearing for public comment, after three calls, the public hearing was closed and the Planning Commission commenced discussion. Commissioner Hay moved the Planning Commission recommend the City Council approve the use of funds for the 2009 Community Development Block Grant Program Year as set forth in the "2009 CDBG Fund Summary." Commissioner Kempf seconded, motion carried unanimously. WORKSHOP: A. CDBG Program 2008 Community Development Block Grant Annual Action Plan Amendment (City Wide) (MF# CDBG08-003( Chairman Samuel read the master file number and asked staff for comments. The Community Development Block Grant Administrator, explained that the 2008 Annual Action Plan was approved last year and since then community needs have changed creating the need for a revision. Three new projects were created by reallocating funding from three 2008 activities and from surplus funds not used for 2009 Annual Action Plan Activities. Chairman Samuel asked if any applicants who had not received funding as requested in the 2008 Annual Action Plan cycle had been contacted for these additional monies. -7- Staff explained that whenever a significant change is made to the Annual Action Plan, the requirement per the Consolidated Plan was to bring the proposed change before the Planning Commission, and then obtain City Council approval. The proposed change is then made available for public comment for 30 days prior to submission to HUD for approval. The recipient is granted some flexibility in administering CDBG funds. Citizen Participation requirements were met during formation of the plan. Chairman Samuel closed the public hearing. Commissioner Kempf moved that the proposed Resolution and Exhibit A, amending the 2008 Annual Action Plan, be recommended to City Council for Action. Commissioner Hay seconded, motion carried unanimously. The Chairman welcomed Rick White, the new Director for Community 8v Economic Development to the community. Commissioner Rose moved seconded by Commissioner Schouviller that the meeting be adjourned. The motion passed unanimously. With no further business, the Planning Commission was adjourned at 7:54 pm. Respectfully submitted, David McDonald, Secretary -8- MEMORANDUM DATE: August 21, 2008 TO: Planning Commission FROM: Dave McDonald, City Planner SUBJECT: Comprehensive Plan Land Use Map (MF# CP07-002) In preparation to adopt the draft Comprehensive Plan the City Council held a final public hearing on August 4, 2008. During the public hearing the Council discussed a minor land use map adjustment proposed by the development company that constructed Tepecyac Haven on 22nd Avenue. The developer, Beacon Development, is in the process of trying site another housing development directly north of Whittier Elementary School on North Wehe Avenue. The area in question is currently identified as a location for future low-density residential development. Because Beacon Development is seeking to construct a multi-family project, they submitted a request to have the area north of Whittier School designated for mixed residential uses permitting both single-family and multi-family development. After reviewing both the initial proposed land use map (Alternate #1) and the Beacon Proposal (Alternate # 2) the City Council remanded the matter to the Planning Commission for a recommendation. The Planning Commission will need to determine if the Beacon Development proposal materially alters the general intent of the Comprehensive Plan and whether or not it can be supported by the recommended goals and policies. Following an initial review of the proposal, staff informed the City Council that the proposal directly supports a number of goals and policies of the plan related to housing. Additionally the proposal provides a mixed-density buffer area between the lower density land uses to the east and the commercial land uses to the west. The attached material provided by Beacon Development provides a further explanation of the various goals and policies that impact the proposed land use modification. 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Ili s••: ::: n.n.......1.7..IIS'_ ■ L"n Rn ..x.x.=!::1:111: '�IIII:'.'lllll.li: II=11 � � �"�••� ��__- •i:-:::�-^ �" =1 . :=::■:q=nr.•-s:••••••1s:a-:NIIIIII L " x�l"x ••••• I:IS�--••_sl: L_ x.' :. .. :�' �"qr lid -�,. ' •••• 1• :•;:' ; L'll I xx..,u,xxn.,.,,,,xx, F�� �, I■_ ■ h:- �a :1:�-- 1 .. •i i�i��� -•- • Low-Density Residential Commercial Mixed Residential Industrial a High-Density Residential • ■ • JWIMixed Residential/Commercial Parks/Open Space 9 1 Urban Growth Boundary REPORT TO PLANNING COMMISSION MASTER FILE NO: SP-08-007 APPLICANT: Pasco School District #I HEARING DATE: 8/21/08 1215 W Lewis St ACTION DATE: 9/18/08 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a New Middle School in an R-S-1 District. (Rd 52 8v Power Line Rd) 1. PROPERTY DESCRIPTION: Legal: The East 1/2 of the North 1/2 of the Northeast 1/4 in the Smith Addition # 442003, Section 10, Township 9 North, Range 29 East, W.M., Franklin County. General Location: Southwest corner of Road 52 8v Power Line Road Property Size: Approximately 40 acres 2. ACCESS: The site is adjacent to Road 52 and Power Line Road. Neither road is developed. 3. UTILITIES: The nearest water line is located directly to the south of the site in Curlew Road. An additional 12" water line will be extended north from Sandifur Parkway with the construction of Road 52 later this year. The nearest available sewer line is located to the west in the Three Rivers subdivision. This sewer line will need to be extended along the alignment of Three Rivers Drive to the school site. Water and sewer utilities will need to be extended to coincide with the construction of the proposed middle school. 4. LAND USE AND ZONING: The site is currently zoned R-S-1 (Suburban Residential) and is being farmed. The properties to the north are zoned A-P (Agricultural Production) in the County and are being farmed. The property to the west is zoned R-S-1 and is being farmed. The property to the east is zoned R-1-S/PUD and is farmed and/or being developed as the Northwest Commons subdivision. The properties to the south are zoned R-S-20 in the county and are developed with homes on one acre lots. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for low-density residential. Goal OF-5 suggests adequate provisions should be made for educational facilities located throughout the urban growth area. Policy-S-A encourages the appropriate location and design of schools throughout the community. Goal TR-1 encourages the creation and maintenance of an effective and convenient street system. Other transportation policies (TR-1-E & TR-1-F) discourage through traffic in residential neighborhoods and encourage the disbursement of traffic through an interconnected network of streets. Various utility goals and policies encourage the extension of water and sewer service in the Urban Growth Area (UF-1, OF-1A & OF-1-E). OF-D-1 suggest irrigation distribution lines be distributed with development where there are irrigation districts. The city now maintains and operates an irrigation system in the general area around the proposed school site. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-significance (DNS) has been issued for this project under WAC 197- 11-158. DISCUSSION The site in question is zoned R-S-1 which permits single-family homes on 10,000 square-foot lots. The site is large enough to accommodate about 120 dwelling units. Schools are listed as conditional uses in the R-S-1 district (PMC 25.26.040). Conditional uses may be permitted within the R-S-1 zoning district only after review through the Special Permit process. Most of the schools in Pasco including the Pasco High School and Chiawana High School are located in residential zoning district. An on-line search of the Franklin County Assessors records (August 7, 2008) revealed that values of residential properties located across the street from the existing middle schools have increased since 2004. Single family homes near Ochoa Middle School have increased 8 to 14 percent in value since 2004. Homes near Stevens Middle School have increased 15 to 150 percent since 2004 and homes near McLoughlin Middle School have increased anywhere from 38 to 62 percent in value over the same period. Experience within Pasco has shown that the location of a school adjacent a residential neighborhood does not have a negative impact on the values of homes surrounding the school. Pasco currently has three middle schools. With the recent growth in population (Pasco's population has doubled in size since 1997) and student enrollment, the School District needs to construct a fourth middle school. The proposed school site is located in an area of the community that has experience 2 substantial growth over the last eight years. There are now about 2,200 single- family homes located north of I-182 east of Road 68. The population of this area is approximately 7,400. There is enough vacant land along with proposed subdivisions to accommodate another 3,100 dwelling units, bringing the population of the area up to 16,500 at build out. 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 education facilities. The question to be answered is where new schools should be located. The proposed school has been designed as a two story structure consisting of over 96,000 square feet with a capacity to house 1,000 to 1,200 students. The proposed school grounds will contain baseball and softball diamonds, a football field, soccer fields, basketball courts, tennis courts and parking. The proposed site contains 40 acres and is five acres smaller than the Ochoa Middle school site but, larger than both the Stevens and McLaughlin Middle school sites. The three proposed parking lots (staff, event & visitors) contain approximately 430 parking spaces. About a quarter of the parking spaces are occupied during a typical school day. The proposed site is currently undeveloped and used only for farming. Road 52 is unimproved as is Power Line Road. There is currently no right-of-way for Power Line Road directly north of the school site. In addition to the lack of street improvements, the site is currently not served with sewer and there is no water line in Road 52. The nearest water line is at the southern end of the site in Curlew Lane. Access to the site is very limited due to the lack of right-of-way and street improvements. Road 52 with a partial right-of-way is the only real access to the site. Road 52, however, is a dead end street and will only provide one route to and from the proposed school site. Given the fact the proposed middle school will be the size of a small high school there will be significant traffic during certain hours of the day. The other middle school sites in Pasco have at least two means of access that help diffuse traffic and reduce the impacts of traffic on surrounding residential uses. For safety reasons (fire, police and other emergencies) and to ameliorate traffic impact to neighboring properties, at least two points of ingress are needed to service middle schools and high schools. Access concerns are not unique to schools. When the Three Rivers Crossing subdivision was being developed (one quarter mile west of the proposed school site) the developer was required to provide a second access point to the subdivision by extending Sandifur Parkway 1,800 west of the subdivision to Road 68. The creation of a second access point must also be considered for the development of the proposed site for a school. The extension of Power Line Road to the west would provided a second means of access to the 3 school site. The Development of Power Line Road will be problematic due to the lack of right-of-way. City codes require concurrent development of street, sidewalks and utilities whenever a new building is constructed. In the case of the proposed middle school site this would involve improvements to both Road 52 and Power Line Road. These improvements will include street construction and paving, installation of curb, gutter, and sidewalk (7' wide) street lights, handicapped ramps, signage, lane striping, street drainage, traffic signals, fire hydrants and any necessary speed-reduction modifications needed by the School District. A full listing of required off site improvements is provided in the attached memo from the City Engineer. Concurrent improvements also include the installation of necessary utilities such as water and sewer service. A new water line will need to be extended north 1,300 feet from Sandifur Parkway and sewer needs to be extended east from the lift station in The Three Rivers Crossing Subdivision 1,400 feet to the west. The proposed school site is located on the northern edge of the Pasco Urban Growth Area. An analysis of the UGA in 2007 (Appendix III Draft Comprehensive Plan) indicated utility constraints east of Road 60 severely limit the City's ability to provide utilities north of Power Line Road. As a result the recently revised UGA boundary east of Convention Drive is the northern City Limit line (Power Line Road alignment). The City is therefore concentrating utility plans efforts west of Road 68 where the UGA extends farther to the north and west. Schools often attract residential development on nearby properties. This is generally not a problem where schools are more centrally located within the UGA. However, where a school is located on the edge of the UGA housing developers will seek to locate residential subdivision just beyond the UGA creating the demand for municipal services where the city does not have the capacity or plans to provide those services. Without services development occurs in a substandard, low density fashion creating its own set of problems for the community to deal with. The Planning Commission needs to be aware of the potential conflicts with the Growth Management Act and problems associated with demand for development beyond the UGA that may be generated by the location of a middle school on the proposed site. With respect to traffic-related issues a signal warrant test may be needed to determine when and if a signal should be installed at Road 52 and Sandifur Parkway. Based on the Institute of Traffic Engineers Trip Generation Manual (2003) an average middle school will generate about 1,300 vehicle trips per day. That would amount to $26,000 in traffic impact fees. If the site was fully developed with single-family homes about 1,200 daily vehicle trips could be expected. STAFF FINDINGS OF FACT 4 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-1 zone. 2. Under the current zoning approximately 120 single-family dwellings could be constructed on the site. 3. Schools are conditional land uses in the R-S-1 zone and require review through the special permit process prior to permitting for construction. 4. The site is at the northern edge of the Pasco Urban Growth Boundary. 5. The site is within the City limits of Pasco. 6. The Comprehensive Plan identifies the site for low-density residential uses. 7. Comprehensive Plan Goal OF-5 suggests that adequate provisions should be made for the location of educational facilities throughout the urban growth area. 8. Comprehensive Plan transportation goals and policies (TR-1, TR-1-E 8s TR-1-F) encourage the development of an effective and convenient street network that discourages through traffic in residential neighborhoods. 9. Various utility goals and policies (UF-1, UF-lA, OF-1E & OF-D-1) within the Comprehensive Plan encourage the extension of water, sewer and irrigation lines within the UGA. 10. The site is currently being farmed. 11. The site is owned by the Pasco School District. 12. The site lacks water and sewer service. 13. The site is located at the southwest corner of Road 52 and the future Power Line Road. 14. Both Road 52 and the future Power Line Road are unimproved. 15. Road 52 lacks the necessary right-of-way for a fully developed street. 16. The ruture Power Line Road lacks the necessary right-of-way for a road of any kind to the proposed school site. 17. Road 52 is currently a dead-end street. 18. The proposed middle school site plan lacks a second primary road access for the disbursement of traffic and for emergency vehicles. 19. The site is not serviced adequately with city utilities. 20. City development standards require off-site street and utility (sewer, water, irrigation & etc) improvements to be constructed or installed concurrently with site development. 21. Off-site street improvements include but are not limited to street construction and paving, installation of curb gutter and sidewalk (7' wide), street lights, handicapped ramps, signage, lane striping, street drainage, traffic signals, speed-reduction modifications, and fire hydrants. 5 22. According to the Institute of Traffic Engineers trip Generation Manual (2003) an average 96,000-square-foot middle school will generate about 1,300 vehicle trips per day. 23. The School district did not submit a traffic report with the Special Permit application. 24. Pasco's population has doubled since 1997 25. The population of the area of Pasco north of I-182 and east of Road 68 is estimated to increase to 16,500 during the next 20 years 26. Residential property values near the existing Middle Schools (McLaughlin, Ochoa 8v Stevens) have increased in since 2004. 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. Transportation and Utility policies support city standards that require the extension of streets and utilities in conjunction with development. To be in accord with the Comprehensive Plan the proposed middle school development would also need to include the development of utilities through the length of the site and corresponding street improvements including the development of a second access route. 2) Will the proposed use adversely affect public infrastructure? Development activities within the City are required to install or improve all necessary public infrastructure concurrent with development. Construction of the new middle school will require street improvements, street lighting, sidewalks, fire hydrants, street drainage, signage, the installation of sewer lines, the installation of water lines and all other items required in the standard specification of the City. Required improvements will enhance public infrastructure facilities in the area around the proposed school site. The proposed school will generate about the same amount of daily traffic as a 40-acre subdivision. However, with one way in and out (Rd 52) traffic will impact the 6 operation of the Road 52 and Sandifur Parkway intersection. A second access road would mitigate that concern. The location of a middle school on the proposed site may encourage the development of residential homes to the north of the school site leading to pressure to expand the UGA into areas which the city is not planning to provide utilities. In this respect the proposal may adversely impact public infrastructure. 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 middle school has been designed to complement the existing and future neighborhood by providing generous yard setbacks, landscaping, screening of mechanical equipment and a pitched roof line to moderate the school's height in keeping with typical pitched roofs of residential homes. Middle schools are typically located in or near residential neighborhoods and are an accepted part of the character of residential areas. Due to the proposed location of the sports fields adjacent to other properties, the use of bright sports field light would not be in harmony with the existing or intended character of the general vicinity. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The construction of schools in residential neighborhoods often encourages development of nearby properties. The Highland Park Homes Addition and the Mesa Verde subdivision are good examples of subdivision that were built out with homes after Ochoa Middle School was constructed. An on-line search (August 7, 2008) of the County Assessors property records indicate property values near Pasco Middle schools, have increased in recent years. While the encouragement of development within the UGA is not an issue the proposed school site is located on the northern edge of the UGA and as a result housing development may occur outside the UGA. The city is not planning for utilities in the area north of the school site therefore any development would occur in a substandard fashion potentially impacting the value of adjoining properties within the city. 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? 7 Experience has shown that schools within Pasco generate few complaints from neighbors. The proposed middle school will not create more dust fumes or vibrations and what would be typically created in a 40 acre subdivision. The proposed school could generate up to 1,300 vehicle trips per day. During weekends, the summer break, and other break periods very little traffic will be generated. If developed with single family homes the site would generate about 1,200 daily vehicle trips. However, traffic from a residential development would be constant year round. The daily calculation for traffic generation does not include event traffic for ball games, concerts, and major extracurricular functions. 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 middle school will be constructed to meet all requirements of the International Building Code, the Fire Code, the plumbing code, all other construction codes and state regulations pertaining to middle school construction. The building will be required to have fire-rated corridors, area separation walls, sufficient exiting and fire sprinkler systems to ensure the safety of the public. The construction of sidewalks and street improvements will address traffic safety issues. Schools have a long history of being accepted in residential neighborhoods. In most communities schools, including middle schools, are located in or near residential neighborhoods. (Proposed) Approval Conditions 1. The special permit shall be personal to the applicant. 2. The Middle School and Middle School site shall be developed in substantial conformity with the site plan and building elevations submitted with the special permit application. 3. Road 52 and Power Line Road abutting the school property shall be improved to arterial street standards meeting all applicable regulations and Construction Standards of the City Engineering Office. Improvements shall include but not be limited to curb, gutter, sidewalk and street lighting along the school side of the street. 4. The complete road widths for Power Line Road and Road 52 will be 48 feet; the Pasco School District shall be responsible for constructing a minimum of 28 feet of road width. 8 5. Sidewalks in the Road 52 right-of-way abutting the school property shall be 7 feet in width. 6. Sidewalks in the Power Line road right-of-way shall be 5 feet and offset to the property line. 7. The planting strip between the Power Line Road curb and the off-set sidewalk must be planted in lawn and City of Pasco- approved trees at 50-foot intervals. 8. The School District shall construct a 6-foot block wall/fence along the Power Line Road right-of-way per Resolution # 3078 9. Road 52 shall be improved from the southern school boundary line to Sandifur Parkway. Improvements shall consist of curb and sidewalk along the west side of the street with a 28-foot road surface built to arterial street standards. The intersection of Road 52 and Sandifur Parkway shall be constructed as a complete intersection and full roadway width of 48 feet 200 feet north of Sandifur Parkway. 10. Power Line Road shall be extended from Road 52 west to Road 68 to provide a second access route to and from the school. Road improvements beyond the west boundary of the school property line shall consist of a 28 foot wide pave road surface built to arterial street standards. 11. No on-street parking or bus staging will be permitted on Road 52 or on Power Line Road. 12. All costs associated with speed reduction/modification including but not limited to flashing lights, signage, pedestrian sensors, safety and crosswalks shall be paid for by the School District. 13. All street/roadway signage, abutting the property and offsite, is to be provided by the school district and must be per the most current MUTCD 8v City of Pasco Construction Standards. 14. The School District shall identify and provide all necessary accommodations for pedestrian school routes along Road 52 and Power Line Road. 15. No mid-block crosswalks will be permitted on Road 52 or Power Line Road. 16. The School District shall pay the traffic mitigation fee in effect at the time a building permit is issued. 17. The School District shall provide the City with an event traffic plan prior to the issuance of a building permit. 18. The School District shall prepare a traffic study for anticipated traffic to and from the proposed school site to determine the need for additional street improvements and/or the need for traffic signals. The traffic study must be completed and submitted to the city prior to the issuance of a building permit. 9 19. Any and all recommended street improvements, including traffic signals, recommended in the traffic study must be installed in conjunction with the construction of the middle school. 20. The School District shall prepare a dust control mitigation plan to be submitted with the building permit application. 21. All utilities, storm water facilities, and infrastructure improvements shall be designed and constructed to meet the standard specifications of the City Engineer. A 12-inch water line in Road 52 is being installed as part of improvements to said road by a private developer. The school district will be responsible for a 10 inch sewer line installed in the future alignment of Three Rivers Drive to the west. 22. The School District shall install a 16 inch irrigation line along the length of the school site in Power Line Road 23. The School District shall dedicate the north 40 feet of the site for the Power Line Road right-of-way. 24. The School District shall dedicate the east 10 feet of the site for additional Road 52 right-of-way. 25. A 55-foot radius shall be dedicated at the southwest intersection of Road 52 and Power Line Road. 26. The School district shall provide the necessary 30-foot right-of- way for Road 56. 27. The School District shall make a cash payment to the City in the amount of $12,000 for future improvement costs of Road 56. 28. The School District shall construct necessary geometric improvements to the Sandifur Parkway and Road 52 intersection to accommodate traffic generated by the proposed school. 29. No sports field light shall be permitted. 30. Water rights associated with site must be dedicated to the City prior to the issuance of a building permit. 31. The special permit shall be null and void if a building permit has not been obtained by October 31, 2010. RECOMMENDATION MOTION: I move to close the hearing on the proposed middle school and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the September 18, 2008 meeting. 10 • Item: Special Permit - Middle School Vicinity Applicant: Pasco School District # 1 N Map File #: SP 08-007 00 0- 00, ---------------- 0�0 0 :.... :. .....:.�...._... �w tit. � - S . .. J Lfff� p Jo S NNDIFUR PKWY Land Use Item : Special Permit - Middle School Applicant : Pasco School District # 1 N Map File # : SP 08-007 Farming (City Limit) (City Limit) Farming SITE / Farming (City Limit) Churc Residential [RTesiffdential Zoning Item : Special Permit - Middle School Applicant : Pasco School District # 1 N Map File # : SP 08-007 AP-20 (County) (City Limit) (City Limit) RS-1 SITE / RS-20 (City Limit) RS-20 (County) F1 I (City Limit) PASCO SCHOOL DISTRICT PROPOSED MIDDLE SCHOOL #4 - _------------------------------------------------------------------------------ -----__---�` - - —— —— -— —------ : -------�-- - - - -------------- -- - -- - --—-- ---�—----- -------- = -------------J -\� i -- -"-- -- I ------ 15'PIPELINE EASEI6E� _.: pppp i FROM poi L15Y• I II (ENABLE TO DETERMINE EXACT LOCATION FF.GN.=ELI; 1 'II Iq , SOCCER SOCCER .. -•_. - I II��! TOPOGRAPHIC SURVEY F STAFF PARKING I I�'',j OF A PORTION OF THE BUS LOADING _ N 1/2 OF THE NE 1/4 OF : � SECTION 10 S' I 4F. 4 s� � 0 00 .00 I T9N,SECTION W.M. "N�1'/ N� Ii BASEBALL d' FUTURE MIDDLE SCHOOt� i I FRANKLIN COUNTY, WASHINGTON C PORTABLES / •� I JOB N0: 05-585 TAX 'P,�1�Lj�ICEL; T1�6-170 8 t 097339 DATA COLLEDRAWING25 A2o0.5 THROUGH 50-27-2005 I I J I SHEET T OF 2 OWD& : I SOFTBALL � O r � ,I i i ®� SEMENT �- PROPOSED PSD MIDDLE SCHOOL #4 N 1/2 N 1/ N 1/4 SEC 10 LOCATED ON ROAD 52 41.0 �AiRES - t�ql 0 4 .88 ACR �Na I m �� COMPETITION 4 I iI �I O 1,000 TO 1,200 STUDENTS `, SOFrRALL i ( TOO so o o C APPROX. 96,000 SF roD 1so ao SCALE 1 INCH a 100 FEET LEGEND: ' I I < y,P� 0 • l I I 0 INDICATES WELL I EVENT I .n,N.E INDICATES POWER POLE WITH LINE DIRECTION P L :I / INDICATES WY WIRE f V INDICATES TELEPHONE PEDESTAL INDICATES 5 FOOT CONTOUR INTERVAL I ,EE 49�63I 1 (�//\� I INDICATES 1 FOOT CONTOUR INTERVAL �T NE NI NI I AF W INDICATES AUDITOR'S WA NUMBER I '� 1 I R/W INDICATES RIGHT-OF-WAY PASCO SCHOOL SP INDICATES SHORT PLAT PROPOSED 10.0--1 � I I II{,I FND INDICATES FOUND DISTRICT No. 1 SANITARY LINE i Y USER INDICATES UNITED STATES BUREAU OF RECLAMATION ���� CONSTRUCTION PROJECTS -i-_ .—.-r� �,- —,_J:— FUTURE f -- I '—T I'� j WATER LINE I (' I '� li---90•UTILITY ! 30'RJl4'' II I LOT 1 I I' X50'RADIUS TEMPORARY EASEMENT 1AFW 487338 1215 WEST LEWIS I j ?W I LOT 1 1 1 j LOT CUL-DE-SAC I AFW 5303h LOT, I j I LoT a F� i' I 1 50'RADIUS TEMPORARV� I I I I Co I i I CITY OF PASCO BENCH MARK: PASCO, WA 99310 50'RADIUS TEMPORARY-' I {I�--10'UTILITY I , CUL-DE-SAC �_ ��2 P (50S) 543-6+995 ow CUL-OE-SA I EASEMENT OR�vm: //� 1 3 BRASS CAP AT THE S 1/4 CORNER OF SECTION 10(AT RADIUS TEMPORARW 10'UTILITY w qsu j� !111 < OAj L0� ,`/ I' I EASEMENT / BURDEN BOULEVARD) CUL-DE-SAC j j _ j j ELEVA71014 5114.541 NCVD 29 DATUMBU F 0509) 54.3-6-715 • I EASEMENT I I -30,F/W 10'UTILITY , 30'R/W "-10'UTILITY EASEMENT -.. I EASEMENT LOT 2 30'R/W- -I LOT z �j .�� I I I ~'T I I i NOTE: LOT 2 LOT 3 LOT 2 .y I I /Q �/ I-.1 -30•R/W '1j I A UTILITY LOCATED WAS NOT CALLED FOR ON THIS ITY I-.._j I -30'R/W O TOPOGRAPHIC MAP. NT Qh I i C o' P� o I - �P Q� !& �P I O��LOT 3 LOT 3 c j U j II Lott O¢ I I I I l s I I ..Q• .10 I I j l 1 MIDDLE SCHOOL #4 SITE PLAN _ O ' SCALE:NOT T A ALE O SCALE ' co PASCO SCHOOL DISTRICT PROPOSED MIDDLE SCHOOL #4 KALWAL WINDOWS MAIN ENTRY WITH RADIUS FRONT i OUTLINE SEE PARTIAL UTH ELEVATION-ESIL BELOW-- SEE ROOF PLAN FOR \ I II METAL PANEL&FLASHING SYST , i '...:rI \ �`: rT EM.•—. I I I I i : �-RALwN CANOPY �l � cMU Nor srlowN roN rinam �` - q , v}-,,,•,fir-, : ,, i'i.,*,...,,,,... s_��:r a, _ 'b_ Y` ��`- - - - -- - ��I� _rr.;�+y�'�t,` 4 :�� ..�:s�.3+. . _ I�. -- -- - r i 20°DIAMETER CONCRETE COLUMNS W/MASONRY BASE&STUCCO FINISH MIDDLE SCHOOL #4 EXTERIOR ELEVATION SCALE:NOT TO SCALE PROPOSED PSD MIDDLE SCHOOL #4 • LOCATED ON ROAD 52 • 1,000 TO 1,200 STUDENTS i I • APPROX. 90,000 SF HI1' - �*� r�:s_`hw'Y'•r•r.. ',, �,.�`�... -,�:,.._.,� - .. s _ .i_.� i.: .CLASSROOM WING I-.^,.. CLASSROOM WINS - SEE MECHANICAL FOR / ALTERNATE ALTERNATE GRILLES IN THIS AREA--' [� MIDDLE SCHOOL #4 EXTERIOR ELEVATION (� SCALE:NOT TO SCALE PASCO SCHOOL DISTRICT No. 1 CONSTRUCTION PROJECTS 1215 WEST LEUJIS OUTLINE OF MAIN ENTRY- — -- -. -.-------- - — - _ - - ... l_ _r---.*--------_---------__.^_-__----- - F (509) 543-6115 hti --_ - I i � E CLASSROOM WING WING y CLASSROOM WING ~' - CANOPY ALTERNATE ALTERNATE MIDDLE SCHOOL #4 EXTERIOR ELEVATION SCALE:NOT TO SCALE sco S It�OOL DISTRICT #1 MEMORANDUM DATE: August 21, 2008 TO: Planning Commission FROM: Dave McDonald, City Planner SUBJECT: Code Amendment BP District In the early 1990's the City established a BP zoning district in an effort to create a suitable regulatory framework encouraging research and development businesses to locate in Pasco. The purpose statement for the zoning district reads as follows: "The purpose of the Business Park District is to provide for and encourage the development of business parks that are established in a campus like setting with landscaping and architectural amenities that create a sense of place and an esthetically attractive urban development. It is intended that the business park district provide for the grouping and clustering of professional offices, commercial uses, non hazardous research and development facilities and high technology manufacturing that functionally interact well together. Development standards of this district are intended to provide compatibility with and protection to surrounding residential and commercial properties by minimizing traffic congestion, noise, glare, vibration, odors, airborne particulate, and toxic substances. Sites within this district should have primary access to or be functionally convenient to principal arterials." Over the years a few research and development firms have made inquiries about locating in Pasco but no real "Business Park" devoted to such firms has ever been establish. In an effort to create some flexibility in the use of the BP District staff is proposing some minor changes within the text of the BP regulations. These changes include expanding some of the retail uses permitted in the district as well as adding offices to the permitted uses. The current code permits only 35 percent of the floor area of each building in the district to have retail space. The current code also restricts the minimum size of a Business Park to 25 acres. Other sections of the Municipal Code [17.03.01 (A) (61)] dealing with the location of freeway interchange signs have a 15 acre qualifying requirement. Changing the acreage requirement may encourage infill development within the central core of the city where twenty five acre parcels are limited. I A public hearing has been scheduled the regular meeting of August 21, 2008 to consider Business Park zoning district amendments. Recommendation MOTION: I move the Planning Commission recommend the City Council amend PMC Chapter 25.50 dealing with Business Park Zoning as indicated in the proposed code amendment attached to the August 21, 2008 staff memo. 2 CHAPTER 25.50 BP BUSINESS PARK DISTRICT Sections: 25.50.010 PURPOSE..................................................................................... 1 25.50.020 PERMITTED USES......................................................................... 1 25.50.030 PERMITTED ACCESSORY USES...................................................... 2 25.50.040 CONDITIONAL USES..................................................................... 2 25.50.050 PROHIBITED USES ....................................................................... 2 25.50.060 DEVELOPMENT STANDARDS ......................................................... 2 25.50.070 PLAN REQUIRED .......................................................................... 4 25.50.010 PURPOSE. The purpose of the Business Park District is to provide for and encourage the development of business parks that are established in a campus like setting with landscaping and architectural amenities that create a sense of place and an esthetically attractive urban development. It is intended that the business park district provide for the grouping and clustering of professional offices, commercial uses, non hazardous research and development facilities and high technology manufacturing that functionally interact well together. Development standards of this district are intended to provide compatibility with and protection to surrounding residential and commercial properties by minimizing traffic congestion, noise, glare, vibration, odors, airborne particulate, and toxic substances. Sites within this district should have primary access to or be functionally convenient to principal arterials. 25.50.020 PERMITTED USES. The following uses shall be permitted in the business park district: (1) Administrative professional and business offices; (2) Research laboratories and facilities; (3) Testing laboratories and facilities; (4) Research and Development facilities for the creation of prototypes; (5) Manufacturing assembly testing and repair of component devices, equipment and systems of an electrical, electronic or electromagnetic nature; (6) Manufacture testing, repair and assembly of optical devices, equipment and systems; (7) Manufacture testing, repair and assembly of testing equipment; (8) Pharmaceutical laboratory; (9) Blue printing, photocopying, photo engraving, and film processing; (10) Printing; (11) Manufacture of ceramic products using only previously culturized clay and using kilns fired only by electricity or gas; (12) Manufacture of control devices and gauges; (13) Industrial medical facilities; (14) Cafeteria, restaurants; (15) Offices; and, (16) Stores and shops for the conduct of retail business, excluding repair shops and any automotive related retail or service businesses. 25.50.030 PERMITTED ACCESSORY USES. The following accessory uses and buildings as respectively defined in Sections 25.12.020 and 25.12.115 shall be permitted in the Business Park District: 35% ef any stFuetuf-eL {�}(� Warehousing provided said use does not occupy more than 35% of any structure; (3)(2) Auditoriums and conference facilities; (4j(3� Day care for family members of employees; and (9(!j) Above and below ground tank storage of critical material. Above ground tanks shall not exceed 20' in height and shall be painted a neutral color to match or compliment the principal building. Additionally, the first 7 10 feet of all ground tanks shall be screened by a solid masonry wall. (6)(Q Storage buildings; excluding container storage, as defined in Section 25.12.430 are permitted. 25.50.040 CONDITIONAL USES. The following uses are permitted subject to the approval of a special permit: (+) Motels and Hetels; (21) Ll) Business, professional, technical and trade schools; and (3) M Recreational areas and facilities. 25.50.050 PROHIBITED USES. The following uses shall be prohibited in the Business Park District: (1) Any outdoor manufacturing, testing, processing, or similar activities; (2) Outdoor storage except as provided in this section; (3) Outdoor sales; (4) Residential uses including caretakers residences; and (5) On-site hazardous substance processing and handling or hazardous waste treatment and storage facilities unless clearly incidental and secondary to a permitted use. On-site hazardous waste facilities shall be subject to the state siting criteria. 25.50.060 DEVELOPMENT STANDARDS. (1) Minimum lot area: No specific lot area is required, except the minimum area required for a business park zone shall be twenty-five (25) fifteen (15) acres. Land immediately adjacent an existing business park zoning district may be added to that district in increments of five acres; (2) Lot Coverage: Lot area coverage by buildings or structures shall not exceed fifty percent of the total lot area; (3) Minimum Yard Setbacks: (a) Front Yard: 50 feet. (b) Side Yard: No requirements except where a business park lot abuts a residential district then the side yard shall be 30 feet or equal to the height of the building whichever is greater. (c) Rear Yard: 30 feet or equal to the height of the building, whichever is greater. (4) Maximum building height: (a) Forty-five (45) feet except a greater height may be approved by special permit. (5) Parking: All parking lots shall be improved with appropriate curbs for drainage control and to maintain landscaping areas. Parking lots shall be constructed of asphalt concrete or Portland cement concrete and shall contain canopy trees as provided in Section 25.75.070 (6); (6) Landscaping: The landscaping provisions of this section shall be in addition to the landscape and screening provisions provided in Chapter 25.75. In apparent cases of conflict between provisions, the most restrictive shall prevail: (a) Fifteen percent of all lot areas shall be landscaped. (b) The twenty feet of front yard setback area nearest street rights-of-way shall be landscaped. (c) At least fifty percent of all building exteriors shall abut landscaped areas. (d) Except for loading and unloading zones buildings shall be no closer than ten feet from a parking area. (e) No paving shall be permitted within four feet of the center of a tree at the time of planting. (f) One hundred percent of all landscaped areas shall contain live vegetation, said vegetation shall consist of a variety of shrubs, trees and ground covers. (g) Rear and side yard setback areas immediately adjacent neighboring properties in a different district shall be treated with landscaped elements so as to create a visual buffer. (h) At least fifty percent of the required landscape area shall be visible from the street adjoining the lot. (7) Loading And Unloading Docks: (a) Sufficient area shall be provided on-site to accommodate loading and unloading activities. Streets and street rights-of-way shall not be used for these purposes. (8) Roof Top Equipment: All roof top equipment shall be screened so as not to be visible from the horizontal plane of building roofs; (9) Outdoor Storage and Waste Disposal: (a) No outdoor storage shall be permitted in the business park zone unless such storage is entirely enclosed by building walls and/or a solid masonry wall not less than seven (7) feet in height. No materials stored behind the wall shall extend and be visible above the wall. (b) No materials or waste shall be deposited upon a property within the business park zone in such a form or manner that they may be transferred to other areas by natural causes or forces. (c) All waste material shall be stored in an enclosed area in proper containers and shall be accessible to service vehicles. (10) Signage: All signs advertising the business park and/or businesses located therein not affixed to buildings shall be ground signs, which blend with and complement landscaping and architecture. No roof signs, perpendicular to walls or freestanding pole signs are permitted. All wall signs shall not exceed ten (10) percent of wall areas in size; and (11) Architecture: All structures shall be constructed so as to create a unique and distinct character for the business park. Building exteriors shall consist of various types of concrete, brick, stucco, glass, tile, wood products and composite materials. The materials are to be used so as to create character and relief to the buildings. Twenty (20) percent of a building's exterior may be constructed of baked enamel, sheet metal. 25.50.070 PLAN REQUIRED. Plans shall comply with the provisions of Chapter 25.75.090. REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 08-002 APPLICANT: Rod McClaskey HEARING DATE: 08/21/08 4926 NE 87th St. ACTION DATE: 09/18/08 Seattle, WA 98115 BACKGROUND REQUEST: Rezone from C-1 (Retail Business) to BP (Business Park) 1. PROPERTY DESCRIPTION: Leal: Lots 3 8v 4 Binding Site Plan 95-05 General Location: 2701 W Court St. (Food Pavilion Site) Property Size: 15.5 acres 2. ACCESS: The property has access from Court Street. 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The subject parcel is currently zoned C-1 and partially occupied by the old Food Pavilion building. The northern 8.5 acres is vacant. The two parcels to the south are zoned C-1 and developed with retail service businesses. Highway 395 is located directly west of the property. A large apartment complex in an R-2 zone is directly east of the Food Pavilion site and single-family homes in an R-1 zone are located east of the vacant parcel north of the Food Pavilion building. A church and more multi-family units are located to the north and east. The church is zoned R-1 and the multi-family units are zoned R-2. S. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for commercial development. Commercial development can include any one of the six commercial zoning districts. 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 was annexed to the city in 1989. Following annexation the property was zoned C-1 consistent with the commercial land use designation of the Comprehensive Plan. In 1995 a 67,352 square-foot retail building was constructed on the southern 7.25 acres of the proposed rezone site. The Food Pavilion store originally located on the west side of Highway 395 in the Riverview Plaza relocated to the new building when construction was completed. The old Food Pavilion building remained vacant for about ten years before it was partially reused for a retail business. In approximately 2003 Yokes on Road 68 was constructed and Fiesta Foods opened on 10th Avenue. Within a short period the Food Pavilion closed. Today the building remains vacant. After several years of marketing efforts to find a user for the building the owner of the property has applied for a Business Park rezone. The Business Park district was established in the mid-1990's to create an opportunity for research and development businesses to locate in more traditional commercial areas where they could be located with professional offices and other commercial activities. The standards of the BP District were intended to provide compatibility with nearby residential and commercial areas. The BP zoning is also intended for sites that have primary access to or are functionally convenient to arterial streets. The subject property is designated for commercial land uses by the Comprehensive Plan Land Use map. The Comprehensive Plan provides general guidance on land use but does not specifically identify which of the 6 commercial zoning districts should be applied to the property. The public rezone process is used to determine the most appropriate zoning district. Commercial zoning districts include C-1 (Retail Business), C-2 Central Business District), "O" (Office), C-3 (General Business) CR (Regional Commercial) and BP (Business Park). 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 main applicable changing condition is the fact that the 67,000 building on the site is vacant and has remained vacant for several years. • The Arby's building nearby is vacant. • The old Kmart building (76,000 sq. ft.) on the west side of Highway 395 is vacant and has been for many years. • The Super Mex grocery store will be opening within the next month on 20th Ave. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare. The rezone will enhance development opportunities that may lead to the property being utilized for productive purposes. The longer the property remains vacant the more it will become neglected and run down. 2 Development of the property will lead to the creation of additional jobs and people in the area benefitting from nearby service businesses. An occupied building contributes 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 would benefit nearby commercial businesses, thereby creating additional business opportunities and buoying up property values. Nearby residential neighborhoods would benefit from the occupied property being maintained so as not to become an eyesore and a nuisance, thereby impacting property values. 4. The effect on the property owners if the request is not granted. The proposed rezone may increase opportunities to lease or sell the property and put the property into productive use. With the current C-1 zoning the property owner, despite several years of marketing, has been unable to put the property to good use. 5. The Comprehensive land use designation for the property. The Comprehensive Plan designates the site for commercial development. The proposed rezone is for commercial development (BP zoning) consistent with the Plan. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1) The site is zoned C-1 (Retail Business). 2) The Comprehensive Plan designates the site for commercial development. 3) The Pasco Municipal Code contains regulations for 6 types of commercial zoning districts. 3 4) The applicant has applied for a BP Business Park rezone 5) BP Zoning is consistent with the Comprehensive Land Use Designation of commercial for the site. 6) The site, including the 67,000-square-foot building thereon, has been vacant for many years. 7) The 76,000-square-foot K-Mart building in the Riverview Plaza has been vacant for approximately 10 years. 8) The old Food Pavilion building in the Riverview Plaza has been vacant or minimally used since 1996. 9) The Arby's restaurant on Court Street near the site closed this year. 10) The site has direct access to an arterial street (Court Street) and is close to the I-395 freeway entrance/exit. 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. The criteria are as follows: (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 commercial land uses on the site. The proposed zoning district is commercial in nature and supports the plan. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. The property is currently vacant and is slowly becoming deteriorated. The proposed rezone may provide opportunities for additional uses creating employment opportunities and additional activity on the property that would have secondary benefits to adjoining commercial businesses. Activity on the property will also reverse the deterioration trend, thus benefiting other nearby properties. (3) There is merit and value in the proposal for the community as a whole. 4 It is in the best interest of the community as a whole to encourage the redevelopment of the property. Through tax revenues, a developed and occupied property fully contributes to funding of public safety, schools, parks and other community services upon which all residents rely. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The proposed district regulations provide safeguards and development restrictions that will protect adjoining properties. Therefore there is no need for any conditions. (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 because the district regulations contain restrictions and regulations to protect adjoining properties. Recommendation MOTION: I move to close the hearing on the proposed middle school and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the September 18, 2008 meeting. 5 Item : Rezone C- 1 to BP (Business Park) Vicinity A pplicant: Rod McKlaskev N Map _ File # : Z 0S 002 ' —'— -�* R •« 1_ ��` I ST WILCOX DR C OL . / !. _ •� . �� - t - �' PEARL ST T 1 a •�_ � .. `rat h,-M .... .Y '� I � ry - PP -OPAL ST.. SITE j AG/,TE ST " `�j j J. ANN M _ _ ~ RUBY r • _ COURTST • � � Item : Rezone C- I to BP (Business Park Land Use Applicant : Rod McKlaskey Map File 4 : Z 08 -002 mom Church F OAF FAR !login Zoning Item :, Rezone C- 1 to BP (Business Park Map Ap icant : Rod McKlaskey File 4 : Z 08 -002 tJ r •• Al 1T �' .. """ •`Iw f rf �'�141� j� .r. � � �'1.rj+•.tti'_ �i am or L—C dft 'In IL Jp Ah Aw fir rA _�` ►•� _ .� � ....rte ' ? / ,_"�"' .. � �11 1 IV . 7. —"' ; ��� _ � .^�` .mow. �,--�''!"..,."'7!�i.•... Ar dMI y.= r�r..�,..�..•— _",!mar, �, .. rMd ��; i •� ,•t `v ~��•t��^ •f � .'S�`�i� i � rte! v .��� A •1. .• r• w.. `~ • Qom. .� J. r db _ br •O� �ti � � -+r• "'`.. -)• •� , -fit -, �. ! dw �- • `S .r 0I _ T it on AIL I mp -- 41k.�. � d � = � _gam.. _'��� `�� 1 1 • low oll 4L _4L 46 "�,• _ �"` ._-'7�� •r r -. �• t••'. AEC% .rill, t r _� - -\'( �• i� A 16 dOW pip •..,►--°=`•" a�- '•.. - •.� ""' '�_=.. .._�-1.tia,i.[ .6 .r' :t•-. /l 70 • .R••• .- - - Dirk Stricker 783 pli lk admis,4— Vry IV VP Ar _rte.r.. __ _ � ,' �! . .'�^�,' � ,�A►`.� I,. � �' `• ,• ��� ,t• .. � � 8.4 ACRES = ' it .`jam � - � ' r -• - a_ -�.� � ��` � �' '' -� • • _ .. _ � ' - ice. ,,� � %..vim-1. -• • -• � �r �� "-- �� f' {.� ifs•- � .__ � �-• � ' �� -ALL, . - w •'.. top MEMORANDUM DATE: August 21, 2008 TO: Planning Commission FROM: Dave McDonald, City Planner SUBJECT: Code Amendment Critical Areas Ordinance The initial Growth Management Legislation required local jurisdictions to adopt critical area regulations. The Growth Management Act now requires local jurisdictions to update critical area ordinances using best available science. Pasco is required to update the Critical Area Ordinance by December of this year. Critical areas are defined by the GMA (RCW 36.70A.030 [5]) as wetlands, aquifer recharge areas with critical recharging effect on aquifers used for potable water , frequently flooded areas, fish and wildlife habitat conservation areas and geological hazard areas. In an ecological or natural sense these lands provide beneficial values and functions by restoring ground water levels (as in aquifer recharge) serve as flood protection zones (wetlands) and provide critical food production areas for sustaining fish 8s wildlife (habitat). Geologically hazardous areas are deemed critical in the sense that they present hazards to life and property. These areas include lands that are susceptible to erosion, landslides, earthquakes and other geological hazards. The purpose of critical area ordinances is to conserve and protect environmentally sensitive areas and protect the public from losses due to seismic events and other geologic hazards. The draft ordinance attached is divided into eight chapters. The first three chapters explain the purpose of the ordinance; provide a number of definitions and lay out the critical area review process. The remaining chapters deal with the regulations for each of the critical area categories. The proposed ordinance has been place on the agenda for Planning Commission review and discussion. Following the initial review, the draft ordinance will be refined and scheduled for another workshop or public hearing depending on the extent of the modifications I CHAPTER 27.01 INTRODUCTION Sections: 27.01.010 Title 27.01.020 Purpose and Intent 27.01.030 Critical Areas 27.01.040 Critical Area Categories 27.01.050 Intent of Critical Area Regulation 27.01.060 Legislative Authority 27.01.070 Interpretation 27.01.080 Relationship to Other Regulations 27.01.010 This Title shall be known as the Critical Area Ordinance of the City of Pasco, Washington. 27.01.020 PURPOSE OF TITLE. The purpose of this Title is to conserve and protect the values and functions of environmentally sensitive and hazardous areas which contribute to public health, safety, and welfare of the community without violating any citizen's constitutional rights to the use of property. 27.010.030 CRITICAL AREAS. Critical areas defined by the Growth Management Act, and of concern to Pasco,include: (a) Wetlands; (b) Fish and wildlife habitats; (c) Aquifer recharge areas; (d) Flood hazard areas; and (e) Geologically hazardous areas such as those subject to landslide and steep slope failures, erosion, seismic events,mine collapse,and volcanic hazards. 27.01.040 CRITICAL AREA CATEGORIES. The City finds that these critical areas fall into one or both of the following categories: a) Critical areas provide a variety of valuable and beneficial biological and physical functions that benefit the City and its residents; and b) Critical areas poses a potential threat to human safety or to public and private property. 27.01.050 INTENT OF CRITICAL AREA REGULATION. The intent of this Title is to implement the provisions of the Growth Management Act and the Pasco Comprehensive Plan by managing development in harmony with critical areas. This Title seeks to: (a) Protect members of the public and public resources and facilities from injury, loss of life, or property damage due to landslides and steep slope failures, erosion, seismic events, volcanic eruptions, or flooding; (b) Protect unique, fragile and valuable elements of the environment, including fish and wildlife and their habitats; City of Pasco-Critical Areas Title 1 DRAFT INTRODUCTION CHAPTER 27.01 (c) Mitigate unavoidable impacts to environmentally sensitive areas by regulating alterations in and adjacent to critical areas; (d) Prevent cumulative adverse environmental impacts to water quality and wetlands; (e) Meet the requirements of the Washington Growth Management Act (RCW 36.70A) with regard to the protection of critical area lands; (f) Meet the requirements of the "Best Available Science" rule intended to ensure that best available science is included in the development of local policies and regulations for critical areas pursuant to RCW 36.70A.172(1). The rule also identifies ways to provide special consideration for preserving or enhancing anadromous fisheries,pursuant to RCW 36.70A.172(1); and (g) Coordinate environmental review and permitting of proposals to avoid duplication and delay of desirable actions. 27.01.060 LEGISLATIVE AUTHORITY. This Title is adopted under the authority of Chapters 36.70 and 36.70A,RCW and Article 11 of the Washington State Constitution. 27.01.070 INTERPRETATION. In the interpretation and application of this Title, all provisions shall be: (a) Considered the minimum necessary; (b) Liberally construed to serve the purposes of this Title; and, (c) Deemed neither to limit nor repeal any other powers under state statute. 27.01.080 RELATIONSHIP TO OTHER REGULATIONS. The regulations of this Title shall apply as an overlay and shall be used in addition to zoning and other regulations established by the City of Pasco. In the event of any conflict between these regulations and any other regulations of the City, the regulations that provide greater protection to environmentally sensitive areas or greater protection from environmental hazards shall apply. It is recognized that many city, county, state, and federal permit conditions may be applied to the proposed action, and that compliance with the provisions of the Title does not constitute compliance with other such requirements. Satisfaction of the requirements of this Title shall also be sufficient to satisfy the requirement for critical areas analysis and mitigation pursuant to RCW 43.21C (State Environmental Policy) and 23 (Environmental Impact) of the City of Pasco Municipal Code. 2 City of Pasco-Critical Areas Title DRAFT CHAPTER 27.08 DEFINITIONS Sections: 27.08.010 Definition Interpretation 27.08.030 Activity. 27.08.040 Administrator. Alteration. Anadromous Fish. Applicant. Best Available Science(BAS). Best Management Practices (BMPs). Buffer or Buffer Area. Confined Aquifer. Conservation Easement. Critical Areas. Critical Area Checklist. Critical Area Designation. Critical Area Detailed Study Critical Area Review. Development. Development Proposal. Development Review. Emergent Wetland. Endangered Species. Enhancement. Environmentally Sensitive Area. Exemption. Existing and Ongoing Agriculture. Exotic. Facility. Favorable Determination. Final Determination. Function. Geologic Hazard Areas. Geologist. Geotechnical Analysis. Geotechnical Assessment. Geotechnical Report. Habitat Areas of Local Importance. Hazardous Substance(s). Hazardous Substance Processing or Handling. Hazardous Waste. (a) Dangerous waste (b) Extremely hazardous waste Hazardous Waste Treatment and Storage Facility Hydrogeologic Assessment. MRCS. City of Pasco- Critical Areas Title 1 DRAFT DEFINITIONS CHAPTER 27.08 Native Vegetation. Naturally Occurring Ponds. Normal Maintenance and Repair. Off-site. On-site. Out-of-kind. Performance Standards. Primary Association. Proposal. Qualified Consultant. Qualified Fish and Wildlife Biologist. Qualified Wetlands Biologist. Reasonable Use or Reasonable Economic Use. Reasonable Use Exception. Remediation. Restoration. Scrub-shrub Wetland. Seismic Hazard Areas. SEPA. Sensitive Species (as in endangered,threatened,...) Setbacks. Site Assessment. Slump. Sole Source Aquifer. Temporary Erosion Control. Threatened Species. Unfavorable Determination. Unprotected Aquifer. Values. View Corridor. Vulnerability. Wetland. Wetland Categories. Wetland Community Description. Wetland Delineation. Wetland Functions. Wetland Values. 27.02.010 DEFINITION INTERPRETATION. Unless otherwise provided for in this Title, all words and phrases shall be interpreted to have their customary meanings and usages. 27.02.030 ACTIVITY. Any development or land use action, or composite of such actions, which falls under the jurisdiction of this Title. 27.02.040 ADMINISTRATIVE OFFICIAL, ADMINISTRATOR. The City Planner shall administer the provisions of this Title. ALTERATION. Any human-induced activity that changes the existing condition of a critical area. Alterations include, but are not limited to: grading; filling; dredging; draining; channelizing; clearing or removing vegetation; applying herbicides, pesticides or any hazardous substance; discharging 2 City of Pasco-Critical Areas Title DRAFT CHAPTER 27.08 DEFINITIONS pollutants; modifying for surface water management purposes, cutting, pruning or topping, clearing, relocating or removing vegetation;paving; construction; applying gravel; or any other human activity that changes the existing landforms, vegetation, hydrology, wildlife, or wildlife habitat of a critical area. Alterations do not include walking, fishing, or any other passive recreation or other similar activity. ANADROMOUS FISH. Species, such as salmon, which are born in fresh water, spend a large part of their lives in the sea, and return to fresh water rivers and streams to procreate. APPLICANT. The person, party, firm, corporation, or other entity that proposes any activity that could affect a critical area. Artificially Created Wetland. Any area that meets the criteria for designation as a wetland as a result of intentional or unintentional human actions. Best Available Science (BAS). Current and scientific information used in the process to designate, protect, or restore critical areas that is derived from a valid scientific process as defined by WAC 365-195-900 through 925. Sources of best available science are included in "Citations of Recommended sources of Best Available Science for Designating and Protecting Critical Areas" published by the State Office Of community Development. Best Management Practices (BMPs). Best management practices are accepted, state-of-the-art measures for obtaining the highest quality mitigation possible in a given situation. BMPs encompass a variety of behavioral,procedural, and structural measures. Buffer or Buffer Area. A naturally vegetated and undisturbed or revegetated zone surrounding a critical area that protects the critical area from adverse impacts to its integrity and value, or is an integral part of the resource's ecosystem. Compensatory Mitigation. The process or action of replacing project-induced wetland losses or impacts including,but not limited to,restoration, creation, and enhancement. Confined Aquifer. Any aquifer bounded above and below by impermeable or relatively impermeable layers. Conservation Easement. An agreement between a landowner and a land trust organization whereby the landowner forms a perpetual legal agreement to permanently restrict harmful uses and development of a property. The land stays in private ownership and use, and the land trust sees that the restrictions are carried out. Land trusts are local, regional or statewide nonprofit organizations directly involved in protecting important land resources for the public benefit. Critical Areas. Includes wetlands, geologically hazardous areas, fish and wildlife habitat areas, flood hazard areas, and aquifer recharge areas as designated in this Title and required by RCW 36.70A and WAC 365-190-080. Critical Area Designation. The legal identification and specification for regulatory purposes of critical areas. Critical Area Detailed Study. A thorough investigation of an activity and the critical area(s) it may impact as required by this Title. City of Pasco-Critical Areas Title 3 DRAFT DEFINITIONS CHAPTER 27.08 Development. Any construction or exterior alteration of structures, dredging, drilling, dumping, filling, earth movement, clearing or removal of vegetation, or other site disturbance which either requires a permit, approval or authorization from the City or is proposed by a public agency. Development Proposal. Any of the activities relating to the use and/or development of land requiring a permit or approval from the City of Pasco. Emergent Wetland. A wetland with at least thirty percent(30%) of the surface area covered by erect,rooted,herbaceous vegetation as the uppermost vegetative strata. Enhancement. For the purposes of critical areas regulations, enhancement is an action that improves the functions or values of a sensitive area or buffer. Enhancement may or may not be mitigation. Environmentally Sensitive Area. Any area whose functions and values are subject to disruption by any regulated activity. Exemption. Release from the liability or requirement of a regulation as a result of meeting the specific identified criteria. Existing and Ongoing Agriculture. Those activities conducted on lands defined in RCW 84.34.020(2), and those existing activities involved in the production of crops or livestock. Activities may include the operation and maintenance of farm and stock ponds or drainage ditches; operation and maintenance of existing ditches or irrigation systems; changes from one type of agricultural activity to another agricultural activity; and normal maintenance, repair, and operation of existing serviceable structures, facilities, or improved areas. Activities that bring a nonagricultural area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a nonagricultural use or has lain idle for more than five(5)years. Exotic. Any species of plants or animals that is foreign to the planning area. Facility. Any structure, contiguous land, appurtenances, and other improvements on the land used for recycling, reusing, reclaiming, transferring, storing, treating, disposing, or otherwise handling a hazardous substance. Use of the term "facility" includes underground and aboveground tanks, and operations that handle,use, dispose of, or store hazardous substances. Favorable Determination. The determination by the City Planner that the activity will adequately mitigate its impact upon the critical area(s) and comply with performance standards of this Title and is authorized. Final Determination. The determination by the City Planner of the adequacy of the project, as proposed, to mitigate any effects it may have on critical areas that are included within or adjacent to the project site. In addition, the City Planner will assess the adequacy of the project proposal's compliance with the applicable performance standards. The determination will be either favorable or unfavorable, indicating that the activity is or is not,respectively, authorized. Function. The natural processes performed by a critical area and its components. 4 City of Pasco-Critical Areas Title DRAFT CHAPTER 27.08 DEFINITIONS Geologic Hazard Areas. Lands or areas characterized by geologic, hydrologic, and topographic conditions that render them susceptible to potentially significant or severe risk of landslides, erosion, or volcanic or seismic activity or that are. Groundwater. All water found beneath the ground surface, including slow-moving subsurface water present in aquifers and recharge areas. Habitat Areas of Local Importance. A seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long-term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that area of limited availability or high vulnerability to alteration such as wetlands. Hazardous Substance(s). Any liquid, solid, gas or sludge, including any materials, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics of hazardous waste, and including waste oil and petroleum products. Hazardous Substance Processing or Handling. The use, storage,manufacture or other land use activity involving hazardous substances,but does not include individually packaged household consumer products or quantities of hazardous substances of less than five (5)gallons in volume per container. Hazardous Waste. All dangerous waste and extremely hazardous waste as designated pursuant to Chapter 70.105 RCW, Chapter 173-303,WAC. (a) Dangerous waste. Dangerous waste means any discarded, useless, unwanted, or abandoned substances including, but not limited to, certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes: 1. Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic,teratogenic, or carcinogenic properties; or, 2. Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means. (b) Extremely hazardous waste. Extremely hazardous waste means any waste which: 1. Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic make-up of humans or wildlife, and 2. Is disposed of at a disposal site in such quantities as would present an extreme hazard to humans or the environment. Hazardous Waste Treatment and Storage Facility. A facility that treats and stores hazardous waste and is authorized pursuant to Chapter 70.105 RCW, Chapter 173-303 WAC. It includes all contiguous land and structures used for recycling, reusing, reclaiming, transferring, storing, treating, or disposing of hazardous waste. City of Pasco- Critical Areas Title 5 DRAFT DEFINITIONS CHAPTER 27.08 Hydric Soil. Soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper portions of the soil profile. Hydrogeologic Assessment. A report detailing the subsurface conditions of a site and which indicates the susceptibility and potential for contamination of groundwater supplies. In-kind. An action to replace a critical area with a substitute critical area whose characteristics closely approximate those destroyed or degraded by a regulated activity. Lakeshore Management Plan. Means the McNary Lakeshore Management Plan, Lake Wallula, Oregon and Washington prepared by the US Army Corp of Engineers intended to manage and protect the shoreline and to promote recreation and to operate and maintain water resource projects in the public interest. Landslide Hazard Areas. Areas that, due to a combination of slope inclination, relative soil permeability and hydrologic factors, are susceptible to varying risks of landsliding City Planner. See Administrative Official. NRCS. The Natural Resource Conservation Service of the United States Department of Agriculture. Native Vegetation. Plant species that are indigenous and naturalized to the Pasco region and which can be expected to naturally occur on a site. Native vegetation does not include noxious weeds. Naturally Occurring Ponds. For the purposes of this Title, naturally occurring ponds under twenty acres and their submerged aquatic beds that provide fish or wildlife habitat are considered a critical area as described in Section Naturally occurring ponds do not include ponds deliberately designed and created from dry sites, such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds (of less than three years duration) and landscape amenities. However, naturally occurring ponds may include those artificial ponds intentionally created from dry areas in order to mitigate conversion of ponds, if permitted by a regulatory authority. Normal Maintenance and Repair. Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. Normal maintenance includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. Normal repair means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to environment or shoreline resources. Noxious Weed. Any plant which, when established, is highly destructive, competitive, or difficult to control by cultural or chemical practices (See Chapter 17.10 RCW). The state noxious weed list in Chapter 16-750 is the officially adopted list of noxious weeds by the State Noxious Weed Control Board. 6 City of Pasco-Critical Areas Title DRAFT CHAPTER 27.08 DEFINITIONS Off-site. Action away from the site on which the critical area has been or will be impacted by a regulated activity. On-site. Action at or within two hundred(200) feet of the site on which the critical area has been or will be impacted by a regulated activity. Out-of-kind. An action to replace a critical area with a substitute critical area whose characteristics do not closely approximate those destroyed or degraded by a regulated activity. Primary Association. The fundamental link between a species and land and or aquatic area. For the purposes of this Title,these areas are those where species breed or feed. Proposal. See Development Proposal. Qualified Consultant. A person with expertise through training and/or experience in the area cited who is capable of performing the required services at a level approximating the state of the practice. Qualified Fish and Wildlife Biologist. A person with expertise in habitat issues with a degree in an appropriate field and experience as a biologist. Qualified Wetlands Biologist. A person with expertise in wetland issues, and with experience in performing delineations, analyzing wetland functions and values, analyzing wetland impacts, and recommending wetland mitigation and restoration. Reasonable Use or Reasonable Economic Use. A common law principle that no one has the right to use his or her property in a way that deprives others of the lawful enjoyment of their property. A legal concept articulated by federal and state courts in regulatory takings cases. Reasonable Use Exception. An exception to the specific standards identified in this Title granted to a property owner on the basis that a property owner should be allowed the reasonable use of his or her property. Remediation. The cleanup and restoration of groundwater to some acceptable level. Restoration. For the purposes of sensitive areas regulation,restoration is an action which returns a sensitive area or buffer to a state in which its stability and functions approach its unaltered state as closely as possible. Seismic Hazard Areas. Areas that, due to a combination of soil and groundwater conditions, are subject to severe risk of ground shaking, subsidence, or liquefaction of soils during earthquakes. These areas are typically underlain by soft or loose saturated soils (such as alluvium), have a shallow groundwater table and are typically located on the floors of river valleys. Setbacks. The required distances between every structure on a lot and the lot lines of the lot on which it is located, or from rights of way, access easements, or the edges of critical area/s as delineated according to the standards and procedures defined in this Title. Site Assessment. A site-specific analysis which identifies the presence of critical areas, classifies and designates the critical area, documents site conditions, analyzes project-generated impacts, and City of Pasco- Critical Areas Title 7 DRAFT DEFINITIONS CHAPTER 27.08 identifies appropriate mitigative measures. Site assessments include wetland reports, hydrogeologic reports, and habitat management plans. Slump. The downward and outward movement of a mass of bedrock or regolith along a distinct surface of failure. Sole Source Aquifer. An area so designated by the Environmental Protection Agency pursuant to the Federal Drinking Water Act. Temporary Erosion Control. On-site and off-site control measures that are needed to control conveyance or deposition of earth, turbidity, or pollutants during development, construction, or restoration. Threatened Species. A species, native to the State of Washington, that is likely to become endangered in the foreseeable future throughout a significant portion of its range within the State without cooperative management or the removal of threats as designated by WAC 232-12-011. Unfavorable Determination. The determination by the City Planner that the activity will not adequately mitigate its impact upon the critical area(s) and/or comply with performance standards of this Title and is not authorized. Unprotected Aquifer. Any aquifer that is neither confined nor protected by overlying surface or subsurface impermeable layers. Values. The desirable attributes associated with a critical area and its components that contribute to public health, safety, and welfare. Vulnerability. The degree to which groundwater may become contaminated depending on the local hydrologic characteristics and amounts of potential groundwater contaminant present. Wetland. Areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, shallow open waters, and similar areas. Wetlands do not include those artificial wetlands purposefully and intentionally created from nonwetland sites by human actions, including,but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway. However, wetlands include those artificial wetlands intentionally created to mitigate conversion of wetlands. Wetland Categories. (1) Category I. These wetlands are the "cream of the crop". Generally,these wetlands are not common and would make up a small percentage of the wetlands in the state. These are wetlands that: 1) are very valuable for a particular rare species; 2)represent a high quality example of a rare wetland type; 3)are rare within a given region; or,4)provide irreplaceable functions and values, i.e.,they are impossible to replace within a human lifetime, if at all. These wetlands receive the highest level of protection due to their importance. (2) Category II. These wetlands are those that: 1)provide habitat for very sensitive or important wildlife or plants; 2) are either difficult to replace; or 3)provide very high functions and values, 8 City of Pasco-Critical Areas Title DRAFT CHAPTER 27.08 DEFINITIONS particularly for wildlife habitat. These wetlands occur more commonly than Category I wetlands, and they also need a high level of protection. (3) Category III. These wetlands provide important functions and values. They are important for a variety of wildlife species and occur more commonly throughout the state than either Category I or II wetlands. Generally these wetlands are smaller,less diverse and/or more isolated than Category II wetlands. They occur most frequently, are difficult to replace, and need a moderate level of protection. (4) Category IV. These wetlands are those that are smaller, isolated and have less diverse vegetation. These wetlands provide important functions and values. In some areas, these wetlands may provide important groundwater recharge and water pollution prevention functions, and therefore may be more important from a local point of view. They may also provide important flood storage capacity and, therefore,be important in reducing both the extent and frequency of flood events. For this reason, regional differences may require a more narrow definition of this category. It should be possible to replace Category IV wetlands and, from a habitat standpoint,to improve on them in some cases. However,wetland replacement cannot be guaranteed in any specific case. (These definitions are based on those provided in the Washington Department of Ecology's Washington State Wetlands Rating System for Eastern Washington(October 199 1) Wetland Community Description. A thorough description of the wetland and any resident plant and animal species. Wetland Delineation. The mapping of a wetland and establishment of its boundary or edge. Wetland Functions. Those natural processes performed by wetlands, such as facilitating food chain production; providing habitat for nesting, rearing, and resting sites for aquatic, terrestrial, or avian species; maintaining the availability and quality of water acting as recharge, and discharge for groundwater aquifers; moderating surface water and stormwater flows; and other functions including, but not limited to,those identified in the Code of Federal Regulations 320.4(b)(2). Wetland Values. Wetland values are estimates,usually subjective, of the benefits of wetlands to society, and include aesthetics, education, scientific research, and recreation. City of Pasco- Critical Areas Title 9 DRAFT CHAPTER 27.03 GENERAL PROVISIONS Sections: SECTION 1 APPLICABILITY 27.03.010 Authorizations Required 27.03.020 Jurisdiction 27.03.030 Exemptions 27.03.040 Waivers for Subsequent Approvals 27.03.050 Vested Development and Pending Development Approvals 27.03.060 Variances 27.03.070 Reasonable Use Exceptions SECTION 2 BASIC REQUIREMENTS 27.03.080 Critical Area Review 27.03.090 Minimum Standards 27.03.100 Concurrent Requirements SECTION 3 CRITICAL AREA REVIEW PROCESS GENERALLY 27.03.110 Pre-Application Meeting 27.03.120 Critical Area Checklist 27.03.130 Initial Determination 27.03.140 Waivers from Critical Area Detailed Study Requirements 27.03.150 Critical Area Detailed Studies 27.03.160 Final Determination 27.03.170 Completion of the Critical Area Review SECTION 4 CRITICAL AREA MITIGATION STANDARDS: GENERAL PROVISIONS 27.03.180 Minimum Standards 27.03.190 Buffers 27.03.200 Land Divisions and Easements 27.03.210 Bonding 27.03.220 Incentives SECTION 5 MAPS AND INVENTORIES OF CRITICAL AREAS 27.03.230 Map Folio 27.03.240 Priority of Data. SECTION 1 APPLICABILITY 27.03.010 Authorizations Required. Prior to fulfilling the requirements of this Title, City shall not grant any approval or permission to alter the condition of any land, water or vegetation, or to construct or alter any structure or improvement including,but not limited to, the following: (a) Building Permit; (b) Conditional Use Permit; (c) Shoreline Conditional Use Permit; (d) Shoreline Substantial Development Permit; (e) Shoreline Variance; (f) Short Subdivision; (g) Subdivision; (h) Zoning Variance; (i) Zoning Code Amendment; or 0) Any other adopted permit or required approval not expressly exempted by this Title. City of Pasco-Critical Areas Title 27.03- 1 DRAFT GENERAL PROVISIONS CHAPTER 27.03 27.03.020 Jurisdiction. This Title shall apply to all lands, all land uses and development, and all structures and facilities in Pasco, except as exempted under Section 27.03.030 of this Title. This Title shall apply to every person, individual, firm, partnership, corporation, governmental agency or other entity that owns, leases, or administers land within Pasco. This Title provides regulations for land use and development in and adjacent to critical areas as defined herein. These regulations are additional to, and coordinated with, the Pasco Comprehensive Plan, the Pasco Shoreline Master Program, and regulations adopted pursuant to the Pasco Zoning Code and any other applicable regulations adopted by the City of Pasco. This Title does not apply to environmentally sensitive areas waterward of the ordinary high water mark. If there are any conflicts between this Title and other applicable regulations,the most restrictive requirements apply. 27.03.030 Exemptions. The following developments, associated uses, and activities shall be exempt from the provisions of this Title, PROVIDED that they are otherwise consistent with the applicable provisions of other City of Pasco Titles. All exempted activities shall use reasonable methods supported by Best Available Science or accepted Best Management Practices with the least amount of potential impact to the critical areas. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible parties' expense. This includes,but is not limited to, accessways or paths, vegetation removal or damage beyond a reasonable work zone, and grading and clearing not essential to the ongoing operation of the site's use. To be exempt from this Title does not give permission to destroy a critical area or ignore risk from natural hazards. Exempted activities are: (a). Emergency activities necessary to prevent an immediate threat to public health, safety, or welfare. An emergency is an unanticipated and imminent threat to the public health or safety or to the environment that requires immediate action within a period of time too short to allow full compliance with this Title. Emergency actions that create an impact to a critical area or its buffer shall use reasonable methods that can address the emergency,but also that have the least possible impact to the critical area or its buffer. That person or agency undertaking such action shall notify the City Clerk Planner. Following such notification, the City Planner shall determine if the action taken was within the scope of the emergency actions allowed in this Subsection. If the City Planner determines that the action taken, or any part of the action taken, was beyond the scope of the allowed emergency actions, then enforcement provisions of Section shall apply. After the emergency, the critical area and any associated buffers shall be restored to the maximum extent possible. (b) Maintenance, operation, and reconstruction of existing structures, facilities, improved areas, utilities, sewage disposal systems, water systems, ponds, or public and private roads and driveways. When such structures are damaged by an act of nature, they may be reconstructed or replaced within two (2) years of the act of nature, provided that the new construction or related activity does not further intrude into a critical area or established buffer. Such reconstruction and replacement is subject to other applicable City regulations and permit requirements. (c) Modification of any existing structure that does not alter the structure to further intrude into a critical area or established buffer and there is no increased risk to life and property. 2 City of Pasco-Critical Areas Title DRAFT CHAPTER 27.03 GENERAL PROVISIONS (d) Operation and maintenance of any system of existing dikes, levees, ditches, drains, or other facilities which were created, developed or utilized primarily as a part of a drainage or diking system. Operation and maintenance does not include the expansion or new construction of drainage ditches and related facilities. (e) Removal of hazardous trees and vegetation and,when necessary, measures to control or prevent a fire or halt the spread of disease or damaging insects consistent with the State Forest Practices Act; Chapter 76.09 RCW, PROVIDED that no vegetation shall be removed from a critical area or its buffer without approval from the City. (f) Activities involving artificially created wetlands or streams intentionally created from nonwetland sites, including, but not limited to, grass-lined swales, irrigation and drainage ditches, detention facilities, and landscape features, except those features that provide critical habitat for anadromous fish and those features which were created as mitigation for projects or alterations subject to the provisions of this Title. (g) Outdoor recreational activities, including, but not limited to, fishing, bird-watching, boating, swimming,hiking, and use of nature trails. (h) The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling soil, planting crops, or changing existing topography,water conditions or water sources. (i) Educational and scientific research. 0) Construction or modification of navigational aids and boundary markers. (k) Site investigation work necessary for land use applications such as surveys, soil logs, percolation tests and other related activities. In every case, disturbed areas shall be immediately restored. (1) Existing and ongoing agricultural activities and related development activities, PROVIDED no alteration of flood storage capacity or conveyance, or increase in the extent or nature of impact to a critical area or its buffer occurs, beyond that which has occurred prior to the effective date of this Title. (m) Forest practices regulated and conducted in accordance with the provisions of Chapter 76.09 RCW and forest practices regulations, Title 222 WAC, and which are exempt from City of Pasco jurisdiction. If the proposed activity meets any of the listed exemptions, including any Best Management Practice and/or restoration requirements, completion of a critical area checklist or further critical area review is not required. The permit Applicant shall describe the proposed project in writing and identify the criteria in this Section that apply to the requested exemption and submit this to the City Planner. The City Planner will review the exemption request to verify that it complies with this Title and certify or reject the exemption. If the project is rejected, the Applicant may continue in the review process and shall submit to the requirements of the review process. 27.03.040 Reasonable Use Exceptions. If the application of this Title would deny all reasonable use of the property, and if such viable use of the property cannot be obtained by consideration of a variance pursuant to Section 27.04.060 to one or more individual requirements of this Chapter,then a City of Pasco-Critical Areas Title 3 DRAFT GENERAL PROVISIONS CHAPTER 27.03 landowner may seek a reasonable use exception from the standards of this Title. Reasonable Use Exception requests shall follow the variance procedures of Section_, (section title), , and shall only be granted if all of the following criteria are met: (a). The application of this Title would deny all reasonable and economically viable use of the property; (b) There is no other reasonable and economically viable use with less impact on the critical area than that proposed; (c) The proposed development does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site; (d) Any alterations permitted to these critical areas shall be the minimum necessary to allow for reasonable and economically viable use of the property; (e) The proposal mitigates the impacts on the critical areas to the maximum extent possible, while still allowing reasonable use of the property; (f) The inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant in subdividing the property or adjusting a boundary line thereby creating the undevelopable condition after the effective date of this Title; and (g) That the granting of the exception is consistent with the general purpose and intent of the Pasco Comprehensive Plan. An application for a Reasonable Use Exception shall be filed with the City Planner. The burden of proof shall be on the Applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application. Any authorized alteration of a critical area under this Section shall be subject to conditions established by the City of Pasco and shall require mitigation under an approved mitigation plan. 27.03.050 Waivers for Subsequent Approvals. For development permit requests that involve both discretionary land use approval/s (such as a subdivision, rezone, planned unit development, or conditional use permit) and construction permit approval/s (such as building permit), if the provisions of this Title have been addressed fully as part of the initial discretionary approval, then subsequent construction permit requests shall not require additional critical area checklists or review, PROVIDED the subsequent permit requests comply with all critical areas conditions contained in the initial land use approval and no substantial changes in the nature or extent of the proposed activity have been made. If a Critical Area Review is to be waived on the basis of the provisions of this Section,the Applicant shall submit to the City Planner in writing a request for the waiver including: (a) Citation of the previous approval; (b) Description of the proposed activity; 4 City of Pasco-Critical Areas Title DRAFT CHAPTER 27.03 GENERAL PROVISIONS (c) Documentation of compliance with or plans for compliance with any critical area conditions imposed by the previous approval; and (d) Identification of any changes in the nature or extent of the proposed activity subsequent to the previous approval. The City Planner will review the waiver request to verify that it complies with this Title and certify or reject the waiver. 27.03.050 Vested Development and Pending Development Approvals. The provisions of this Title shall not apply to any development permit review for which a complete application was filed prior to the effective date of this Title subject to the following: (a) For pre-existing legal lots of record existing on the effective date of this Title that have not previously completed a critical area review, the provisions of this Title shall apply at any subsequent building or construction permit stage, including, but not limited to, the consideration of a reasonable use exception,if necessary to address development on pre-existing legal lots. (b) For development permit requests for which a complete application was filed prior to the effective date of this Title, the provisions of this Title shall not apply to that permit or approval,PROVIDED, however, if the development proposal later requires a building or construction permit and a complete application for that building or construction permit was not filed prior to the effective date of this Title, and if the provisions of this Title were not addressed in the prior development approval, then critical area review pursuant to this Title shall be required as part of the later building or construction permit review, including, but not limited to consideration of the reasonable use exception provisions, if necessary. (c) Existing development and land uses lawfully in existence on the effective date of this Title are subject to the nonconforming use provisions of the Pasco Zoning Code and further subject to the general exemption provisions of this Chapter, Section 27.03.030. 27.03.060 Variances. Variances from the standards of this Title may be authorized by the City of Pasco Hearing Examiner in accordance with the procedures set forth in , (section title). The Hearing Examiner shall grant the variance only if the Applicant demonstrates that the requested variance conforms to all of the criteria set forth as follows: (a) That special conditions and circumstances exist which are peculiar to the land, the lot, or something inherent in the land including, and which are not applicable to other lands in the same district; and (b) That the special conditions and circumstances do not result from the actions of the Applicant; and (c) That a literal interpretation of the provisions of this Title would deprive the Applicant of rights commonly enjoyed by other properties under the terms of this Title; and (d) That granting the variance requested will not confer on the Applicant any special privilege that is denied by this Title to other lands, structures,or buildings under similar circumstances. City of Pasco- Critical Areas Title 5 DRAFT GENERAL PROVISIONS CHAPTER 27.03 (e) That the granting of the variance is consistent with the general purpose and intent of this Title and will not create significant adverse impacts to the associated critical areas or otherwise be detrimental to the public welfare. (f) That the granting of the variance is consistent with the general purpose and intent of the Pasco Comprehensive Plan. (g) In granting any variance, the Hearing Examiner may prescribe such conditions and safeguards as are necessary to secure adequate protection of critical areas from adverse impacts, and to ensure conformity with this Title. (h) If the Hearing Examiner decides to grant the variance, the Examiner shall make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum necessary that will make possible the reasonable use of land,building, or structure. (i) That the Hearing Examiner shall prescribe a time limit within which the action for which the variance is required shall be begun or completed or both. Failure to begin or complete such action within the time limit set shall void the variance. An application for a variance shall be filed with the City Planner. The burden of proof shall be on the Applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application. SECTION 2 BASIC REQUIREMENTS 27.03.080 Critical Area Review. The City of Pasco shall complete a Critical Area Review prior to granting any permit approval for a development or other alteration on a site that is found to likely include, or be adjacent to, or have significant impact upon one or more critical areas, unless otherwise provided in this Title. As part of this review, Pasco shall verify the information submitted by the Applicant, and: 6 City of Pasco-Critical Areas Title DRAFT CHAPTER 27.03 GENERAL PROVISIONS (a). Confirm the extent, nature, and type of any critical areas identified, and evaluate any required Critical Area Detailed Study; (b) Determine whether the development proposal conforms to the purposes and performance standards of this Title; (c) Assess impacts on the critical area from the activities and uses proposed and determine whether any proposed alterations to, or impacts upon, critical areas are necessary and unavoidable in order to meet the objectives of the proposal; and (d) Determine if any required mitigation plans proposed by the Applicant are sufficient to protect the critical area and public health, safety, and welfare concerns consistent with the goals, purposes, objectives, and requirements of this Title. The Applicant shall be responsible for the initiation, preparation, submission, and expense of all required assessments, studies,plans,reconnaissance, and other work in support of the application. 27.03.090 Minimum Standards. Any proposed activity shall be conditioned as necessary to mitigate impacts to critical areas and conform to the Performance Standards required by this Title. Subject to the Reasonable Use Exception of Section 27.03.070, any project that cannot adequately mitigate its impacts to critical areas or meet the Performance Standards required by Chapters _through of this Title shall be denied. (b) Critical Area Findings Submitted to the City of Pasco Community Development Department. The Applicant shall provide both digital copies and hard copies of maps prepared for the Study/Studies including all geotechnical studie . 27.03.100 Concurrent Requirements. Areas characterized by one or more particular critical areas may also be subject to other regulations established by this Title due to overlap or multiple functions of some critical areas. For example, wetlands may be defined and regulated according to the wetland and fish and wildlife habitat provisions of this Title. In the event of conflict between regulations for any particular critical areas in this chapter,the most restrictive regulations shall apply. SECTION 3 CRITICAL AREA REVIEW PROCESS GENERALLY 27.03.110 Pre-Application Meeting. Any person re arin for the permitting of activity that may be regulated by the provisions of this Title shall be to hold a pre-application meeting with the City prior to the Critical Area Review process. At this meeting, the City Planner shall discuss the requirements of this Title, outline the review process, and work with the activity proponent to identify any potential concerns that might arise during the review process. 27.03.120 Critical Area Checklist. For any proposed activity not found to be exempt under Section 27.03.030, the Applicant shall complete a critical area checklist on forms provided by the City. The checklist must be submitted to the City Planner prior to consideration of any permit request that requires a critical area review, as described in Section 27.03.010. The checklist shall be signed by the Applicant and notarized. City of Pasco- Critical Areas Title 7 DRAFT GENERAL PROVISIONS CHAPTER 27.03 The form and contents of the critical area checklist shall be approved by Resolution by the City Council and shall inform the Applicant that if the information on the checklist is later determined to be incorrect, then the project may be subject to conditions or denial as necessary to meet the requirements of this Chapter. Following receipt of the checklist, the City Planner will visit the subject property and review materials submitted by the Applicant, including the checklist, together with the City's maps and other critical area resources (identified in the relevant sections of the following chapters)to determine whether there are any critical area indicators present such that critical areas or their required buffers might possibly be impacted by the proposed activity. Since relevant mapped environmental information for Pasco may be limited, it is expected that the City Planner will seek basic training on how to use the criteria in this Title to identify critical areas in the field prior to conducting the initial determination. The City Planner may also elect to consult with state natural resource agency staff, if appropriate. Resources for critical area identification training are identified in the Appendix. 27.03.130 Initial Determination. If the City Planner determines that the site potentially includes, or is adjacent to critical areas, or that the proposed project could have significant adverse impacts on critical areas, the City Planner shall notify the Applicant that a Critical Area Detailed Study is required for each of the indicated critical area types. If the review of the checklist and critical area resources and site visit do not indicate that any critical areas are potentially included or adjacent to the activity, or could suffer probable significant adverse impacts from the activity, then the City Planner shall rule that the Critical Area Review is complete. City staff shall note on the checklist the conclusion and the reasons that no further review was required, and shall include a summary of this information in any staff report on the underlying permit. The Applicant shall acknowledge in writing that a determination regarding the apparent absence of one or more critical areas by the City Planner is not intended to be an expert certification regarding the presence of critical areas and that the determination is subject to possible reconsideration and reopening if new information is received. If the Applicant wants greater assurance of the accuracy of the Critical Area Review determination,the Applicant may hire a qualified consultant to provide such assurances. 27.03.140 Waivers from Critical Area Detailed Study Requirements. The City Planner may waive the requirement for a Critical Area Detailed Study if there is substantial evidence that: (a) There will be no alteration of the critical areas or required buffer; and (b) The development proposal will not impact the critical area in a manner contrary to the purpose, intent and requirements of this Title; and (c) The performance standards required by this Title will be met. Notice of the findings substantiating the waiver will be attached to the permit request and filed with the application records. 27.03.150 Critical Area Detailed Studies 8 City of Pasco-Critical Areas Title DRAFT CHAPTER 27.03 GENERAL PROVISIONS (a) Preliminary Reconnaissance. If a Critical Area Detailed Study is determined to be necessary, as described in Sections 27.03.110 through 27.03.170, then a data review and field reconnaissance shall be performed by a qualified consultant for that type of critical area. If this Detailed Study reveals that no critical area is actually present, then a statement of this finding along with appropriate supporting evidence shall be prepared by the consultant and submitted to the City by the Applicant. The City Planner shall make a determination of completeness and accuracy and either approve the finding or return it to the Applicant for further work. An approved finding of the lack of a critical area shall satisfy all of the requirements for a Detailed Study. (b) Minimum Requirements. If the data review and field reconnaissance reveals that a critical area is present, then a complete Detailed Study shall be prepared by the Applicant and submitted to the City. At a minimum, a Critical Area Detailed Study shall comply with the specific criteria in Chapters through_, and clearly document: (1) The boundary and extent of the critical area; (2) The existing function,value, and/or hazard associated with the critical area; (3) The probable impact upon the function, value, and/or hazard associated with the critical area from the project as proposed; and (4) A mitigation plan as described in Sections 27.03.180 through 27.03.220. (c) Limitations to Study Area. If the Applicant,together with assistance from the City, cannot obtain permission for access to properties adjacent to the project area, then the Critical Area Detailed Study may be limited accordingly. (d) Preparation and Determination of Completeness. The Critical Area Detailed Study shall be prepared by a qualified consultant for the type of critical area or areas involved. The qualified consultant may consult with the City Planner prior to or during preparation of the critical area special study to obtain City approval of modifications to the contents of the study where, in the judgment of the qualified consultant, more or less information is required to adequately address the critical area impacts and required mitigation. Any site plan maps required by this Title may be combined into a single map wherever possible,provided that the resultant map clearly presents the information required by the provisions of this Title. The City Planner will review the submitted Critical Area Detailed Study. If the Critical Area Detailed Study is found to be incomplete, the Applicant shall be notified and the Critical Area Review process shall be suspended pending correction of the inadequacies. The Applicant may resubmit the study for reconsideration after further work is completed. If the Critical Area Detailed Study is found to be complete,then the Critical Area Review will move forward to the City's final determination. The Detailed Study should be viewed as both a statement of facts and a proactive planning tool. It is recommended that the Applicant discuss the proposed activity and possible critical area impacts with City staff prior to completion of the Detailed Study to facilitate development of appropriate mitigation measures. City of Pasco- Critical Areas Title 9 DRAFT GENERAL PROVISIONS CHAPTER 27.03 27.03.160 Final Determination. Following submission of a completed Detailed Study, the City Planner will review the Detailed Study and make a determination, based on the Critical Area Detailed Study and any other available and appropriate materials. The City Planner's determination will address the adequacy of the project, as proposed, to mitigate any effects it may have on critical areas that are included within or adjacent to the project site. The City Planner may elect to request assistance from state resource agency, staff if necessary. In addition, the City Planner will assess the adequacy of the project proposal's compliance with the applicable performance standards. Notice of this determination shall be attached to the permit request and the Critical Area Review shall be complete. (a) A Favorable Determination. A determination from the Critical Area Review that the project proposal adequately mitigates its impacts on the critical areas and complies with the applicable performance standards satisfies the provisions of this Title only. It should not be construed as endorsement or approval of the original or any subsequent permit requests. The requirements of this chapter are in addition to, and do not replace, any other requirements associated with these permit requests. Conversely, the City may not grant a requested permit for any activity whose Critical Area Review reveals that adequate mitigation is not provided and/or does not comply with applicable performance standards. (b) An Unfavorable Determination. When a project proposal is found to not adequately mitigate its impacts on the critical areas and/or not comply with applicable performance standards, the City Planner shall prepare written notice of the reasons for the finding of noncompliance. Such notice shall identify the critical area impacted,the nature of the impact,proposed mitigation measures (if any), and, at the City's discretion, recommendations for achieving compliance. Recommendations for achieving compliance shall only be offered if they are identified during the Detailed Study consideration and do not require further investigation by the City. Following notice of a determination from the Critical Area Review that the proposed activity does not adequately mitigate its impacts on the critical areas and/or does not comply with applicable performance standards, the Applicant may request consideration of a revised mitigation plan. If the revision is found to be substantial and relevant to the Critical Area Review, the City Planner may reopen the Critical Area Review and make a new determination based on this revised mitigation plan. 27.03.170 Completion of the Critical Area Review. If at any time prior to completion of the public input process on associated permits or approvals,the City receives new evidence that a critical area may be included in, adjacent to, or significantly impacted by the proposed activity, then the City shall reopen the critical area review process pursuant to this Chapter and shall require whatever level of critical area review and mitigation as is indicated by the evidence. Once the public input process on all associated permits or approvals is completed and the record is closed, then the City's determination regarding critical areas pursuant to this chapter shall be final,unless appealed as described in Section As noted in Section 27.03.090, at the close of the critical area review period, copies of the Detailed Critical Area Study/Studies, including maps, and relevant notification required by Section , are to be provided to the City of Pasco Community Development Department. SECTION 4 CRITICAL AREA MITIGATION STANDARDS: GENERAL PROVISIONS 27.03.180 Minimum Standards. All proposed critical area alterations shall include mitigation sufficient to maintain the function and values of the critical area, or to prevent risk from a hazard posed 10 City of Pasco-Critical Areas Title DRAFT CHAPTER 27.03 GENERAL PROVISIONS by a critical area. Mitigation of one critical area impact should not result in unmitigated impacts to another critical area. Mitigation includes avoiding, minimizing or compensating for adverse impacts to regulated critical areas or their buffers. The preferred sequence of mitigation is defined below (1 - most preferred, 5 - least preferred): 1. Avoid the impact altogether by not taking a certain action or parts of an action. 2. Minimize the impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts. 3. Rectify the impact by repairing,rehabilitating or restoring the affected environment to the conditions existing at the time of the initiation of the project. 4. Reduce or eliminate the impact over time through use of preservation and maintenance operations during the life of the action. 5. Compensate for the impact by replacing, enhancing, or providing substitute resources or environments. Possible mitigation techniques include, but are not limited to: buffers, setbacks, limits on clearing and grading, creation of artificial wetlands, streambank stabilization, modified construction methods, and best management practices for erosion control and maintenance of water quality. All proposed mitigation shall be documented in a mitigation plan as included as an element of the Critical Area Detailed Study. The mitigation plan shall include a description of the following: (a) What mitigation, specifically, is proposed; (b) How the proposed mitigation will maintain the critical area function, any ongoing monitoring and/or inspection that may be required to ensure the adequacy of the proposed mitigation, and an evaluation of the anticipated effectiveness of the proposed mitigation; (c) Any remedial measures that may be required, depending on the outcome of that ongoing monitoring and/or inspection; (d) Any required critical expertise necessary to install, monitor or inspect the proposed mitigation; and (e) Any bonding or other security required to insure performance and/or maintenance of the proposed mitigation. 27.03.190 Buffers. Buffers have, in some cases, been determined necessary and appropriate to protect critical areas and their functions. In the sections of this Title where specific buffers are identified, those buffers are deemed"required" or"standard"buffers. (a) Except as otherwise specified herein, required buffers shall be retained in their pre-existing condition. If a project does not propose any alteration of those buffers or of the associated critical area, then subject to the following provision, no additional mitigation will be required to protect the critical area. Additional mitigation beyond the required buffer shall be required if the City City of Pasco-Critical Areas Title 11 DRAFT GENERAL PROVISIONS CHAPTER 27.03 Planner finds that, based on unique features of the particular critical area or its buffer or of the proposed activity, the required buffers will not adequately protect the function of the critical area or prevent risk of hazard from the critical area and that additional mitigation or buffering is required to adequately protect the critical area function or to prevent risk of hazard from the critical area. (b) The buffer shall be marked prior to any site alteration and boundary markers shall be visible, durable, and permanently affixed to the ground. The boundary markers shall remain until all activity is completed and a final site inspection is completed by the City Planner. (c) An eight (8) foot minimum setback shall be required from the buffer area for any construction of impervious surface area greater than one hundred and twenty (120) square feet. Clearing, grading, and filling within this setback shall only be allowed when the Applicant can demonstrate that vegetation within the buffer will not be damaged. (d) Where temporary buffer disturbance or alteration has or will occur in conjunction with regulated activities, revegetation with appropriate native vegetation shall be required and completed one (1) month before the end of the growing season. (e) Normal nondestructive pruning and trimming of vegetation for maintenance purposes; or thinning of limbs of individual trees to provide a view corridor, shall not be subject to these buffer requirements. Enhancement of a view corridor shall not be construed to mean excessive removal of trees or vegetation that impairs views. Removal or destruction of trees with a caliper width greater than six (6) inches at four feet above the ground shall be considered destructive pruning and is prohibited by this Title. If the Applicant proposes to reduce these required buffers or to alter the required buffer, then the Applicant shall demonstrate why such buffer modification, together with any alternative mitigation proposed in the Critical Area Detailed Study, is sufficient to adequately protect the critical area function or to prevent risk of hazard from the critical area. The Critical Area Detailed Study shall make adequate provision for long-term buffer protection. Periodic inspection of the buffers may be required if deemed appropriate and necessary to ensure long-term buffer protection. 27.03.200 Land Divisions and Easements. In land subdivisions or planned unit developments, critical areas and their associated buffers shall be placed in separate tracts to be owned by the developer, by all lots in common, by a homeowner's association or some other separate legal entity such as a land trust. In development proposals not involving a new land division, the critical area and its associated buffer may instead be encumbered by a native growth or conservation easement to insure long term protection in its unaltered state. These separate tracts or easements, however, do not require any provisions for public access and appropriate restrictions may be included in the easement or title documents. 27.03.210 Bonding. The City Planner shall have the discretion to require a bond which will ensure compliance with the mitigation plan if activity related to the protection of the critical area(s) (for example, monitoring or maintenance) or construction is scheduled to take place after the issuance of the City's permit. The bond shall be in the form of either a surety bond, performance bond, assignment of savings account, or an irrevocable letter of credit guaranteed by an acceptable financial institution with terms and conditions acceptable to the City's Attorney. The bond shall be in the amount of one hundred 12 City of Pasco-Critical Areas Title DRAFT CHAPTER 27.03 GENERAL PROVISIONS and twenty-five percent (125%) of the estimated cost of the uncompleted actions or construction or the estimated cost of restoring the function and values of the critical area that are at risk,whichever is higher. The term of the bond shall be two (2) years, or until the additional activity or construction has been completed and passed the necessary inspections,whichever is longer. 27.03.220 Incentives. The following incentives are intended to minimize the burden to individual property owners from application of the provisions of this chapter: (a) Open Space. Any property owner on whose property a critical area or its associated buffer is located and who proposes to put the critical area and buffer in a separate tract may apply for current use property tax assessment on that separate tract through Franklin County, pursuant to RCW 84.34. (b) Conservation Easement. Any person whose property contains an identified critical area or its associated buffer may place a conservation easement over that portion of the property by naming the City or its qualified designee under RCW 64.04.130 as beneficiary of the conservation easement. This conservation easement may be in lieu of a separate critical areas tract that qualifies for open space tax assessment described in Section 27.03.220(a). The purpose of the easement shall be to preserve, protect, maintain, restore and limit future use of the property affected. The terms of the conservation easement may include prohibitions or restrictions on access and shall be approved by the property owner and the City. SECTION 5 MAPS AND INVENTORIES OF CRITICAL AREAS 27.03.230 Critical Areas Map. The approximate location and extent of critical areas in the City of Pasco are shown on the critical areas map adopted as apart of the Comprehensive Plan. The map is to be used only as a guide to alert the user to the possible distribution, location, and extent of critical areas. The Map shall be utilized as a source of generalized information and shall not be considered as regulatory standards or substitute for site-specific assessments. The actual type, extent, and boundaries of critical areas shall be determined in the field by a qualified specialist according to the procedures, definitions, and criteria established by this Title. 27.03.240 Priority of Data. In the event of any conflict between the critical area location or designation shown on the City's maps and the criteria or standards of this Title, the criteria and standards shall prevail. City of Pasco- Critical Areas Title 13 DRAFT CHAPTER 27.04 WETLANDS Sections: SECTION 1 APPLICABILITY 27.03.010 Authorizations Required 27.03.020 Jurisdiction 27.03.030 Exemptions It is the policy of the City of Pasco to require site planning to avoid or minimize damage to wetlands wherever possible; to require that activities not dependent upon a wetland location be located at upland sites; and to achieve no net loss of wetlands by requiring restoration or enhancement of degraded wetlands or creation of new wetlands to offset losses that are unavoidable. In addition, it is the intent of the City of Pasco that activities in or affecting wetland not threaten public safety, cause nuisances, or destroy or degrade natural wetland functions and values. SECTION 1 WETLAND REVIEW 27.04.010 Wetland Designation. Because of the climatic and historical patterns of development in Pasco, there are very limited wetland areas. It is important, however, to protect those wetland areas that do exist within the City because of the valuable role that wetland play in our environment. Wetlands are fragile ecosystems that serve a number of beneficial functions. Wetlands assist in the reduction of erosion, siltation, flooding, ground and surface water pollution, and provide wildlife, plant, and fisheries habitats. Wetland destruction or impairment may result in increased public or private costs or property losses. (a) Under this Title, wetlands shall be designated in accordance with the definitions, methods and standards set forth in the Washington State Wetlands Identification and Delineation Manual (Washington State Department of Ecology, March 1997, Ecology Publication #96-94). This manual is consistent with the U.S. Corps of Engineers Wetlands Delineation Manual (January 1987). All areas within the City of Pasco meeting the criteria identified in this delineation manual, regardless of whether or not these areas have been formally identified as wetlands, are hereby designated as wetland critical areas and are subject to the provisions of this Title. 27.04.020 Wetland Rating (Classification). The wetlands rating system is intended to differentiate between wetlands based on their sensitivity to disturbance, rarity, irreplaceabliltiy, and the functions and values they provide. A general description of wetland categories and the rationale for each category is provided in the definitions section of this Title (see "Wetland Categories"). (a) Wetlands shall be rated(classified) as either Category I, Category 11, Category III, or Category N according to the criteria listed in this section. This rating system is based on the Washington Department of Ecology's Washington State Wetlands Rating System for Eastern Washington (October 1991), and the most current copy of that document should be referred to for additional information on classification of wetlands. City of Pasco- Critical Areas Title 4- 1 WETLANDS CHAPTER 27.04 Wetland Classification and Rating Criteria for Each Category Data Sources Category I Wetlands Category I wetlands meet any of the following criteria and: 1. Have a documented occurrence in the wetland of a federal DNR- Natural Heritage Program or state listed threatened or endangered plant, animal, or WA Department of Fish and Wildlife fish species; or 2. Have high quality native wetland communities which have DNR- Natural Heritage Program or been documented by, or qualify for inclusion in,the Natural DOE Field Data Dorm Heritage Information System; or 3. Are documented as regionally significant for migratory bird WA Department of Fish and Wildlife concentrations; or 4. Are regionally rare native wetland communities; or DOE Field Data Form 5. Are wetlands with irreplaceable ecological functions; or DOE Field Data Form 4. Wetlands with irreplaceable ecological attributes. DOE Field Data Form Category 11 Wetlands Category 11 wetlands satisfy no Category I criteria and are: 1. Those that have a documented occurrence in the wetland of DNR- Natural Heritage Program a federal or state listed sensitive plant, animal, or fish WA Department of Fish and Wildlife species; or 2. Those that contain priority species or habitats recognized by WA Department of Fish and Wildlife state agencies; or 3. Wetlands with significant habitat value of twenty-two(22)or DOE Field Data Form more points. Category 111 Wetlands Category III wetlands satisfy no Category I, 11, or IV criteria and are: 1. Wetlands with significant habitat value of 21 points or less. DOE Field Data Form Category IV Wetlands Category IV wetlands satisfy no Category I, 11, or III criteria, and are: 1. Wetlands less than one(1)acre and, hydrologically isolated and comprised of one (1)vegetated class that is dominated DOE Field Data Form (>80%areal cover)by one(1)species from the list in Table 4 of the source listed below; or 2. Wetlands less than two(2)acres and, hydrologically isolated,with one(1)vegetated class, and >90% of areal DOE Field Data Form cover in any combination of species from the list in Table 3 Note: DNR=Washington State Department of Natural Resources DOE=Washington State Department of Ecology < = Less than > = More than Source: Washington State Department of Ecology, Washington State Wetlands Rating System for Eastern Washington (October 1991). 2 City of Pasco-Critical Areas Title DRAFT CHAPTER 27.04 WETLANDS 27.04.03 Wetland Indicators. The following indicators of wetland presence shall be used by the City Planner to determine if a wetland Detailed Study is needed: (a) Listing in the City's Critical Areas Map as a wetland; or (b) Documentation, through any of the references listed in the Appendix or other reasonable source(s), of the presence of a wetland in or adjacent to the site; or (c) A finding by a qualified wetland biologist that an appropriate hydrologic, soil, and/or vegetation regime indicative of a wetland exists; or (d) A reasonable belief by the City Planner that a wetland may exist, supported by a site visit and subsequent consultation with a qualified wetland biologist. 27.04.04 Wetland Detailed Study - Requirements. If a Wetland Detailed Study is required, it shall meet the following requirements (in addition to the Basic Requirements identified in Sections to_): (a) The Wetland Detailed Study shall be completed by a qualified wetlands biologist. (b) The extent and boundaries of any wetlands shall be determined in accordance with the methodology specified under Section 27.04.01. The boundary shall be surveyed and mapped at a scale no smaller than one(1) inch equals two hundred(200) feet. (c) A wetland community description and wetland classification shall be completed, consistent with the requirements of Section 27.04.02. (d) A written values and functions assessment shall be completed and address site hydrology (source of water in the system, water quality, flood and stream flow attenuation, seasonality of presence of water, if applicable), soils,vegetation, fish and wildlife habitat,recreation, and aesthetics. (e) The site plan for the proposed activity shall be mapped at the same scale as the wetland map, showing the extent of the proposed activity in relationship to the surveyed wetland, and including a detailed narrative describing the project, its relationship to the wetland, and its potential impact on the wetland. (f) The proposed mitigation plan shall follow the general mitigation plan requirements described in Section _3.04, and shall address how the activity has been mitigated to avoid and minimize adverse impacts to wetlands and. Guidelines for Developing Freshwater Wetlands Mitigation Plans and Proposals, Department of Ecology, March 1994 (or any succeeding documents) should be used as a basis for mitigation. 27.04.05 Wetland Detailed Study - Special Exemptions. In addition to activities exempted in Section 3.01.03 of this Title, the following activities shall not require a Wetland Detailed Study, PROVIDED they are conducted using accepted Best Management Practices, as determined by the City Planner: (a) Conservation or preservation of soil,water,vegetation, fish or other wildlife. SECTION 2 WETLANDS PERFORMANCE STANDARDS 27.04.01 Basic Requirement. A regulated wetland or its required buffer can only be altered if the Wetland Detailed Study shows that: (a) The proposed alteration does not degrade the quantitative and qualitative functioning of the wetland, or (b) any degradation can be adequately mitigated to protect the wetland function. Any proposed alteration approved pursuant to this section shall include mitigation necessary to mitigate the impacts of the proposed alteration on the wetland as described in this section and Section 4.03. City of Pasco- Critical Areas Ordinance 3 DRAFT WETLANDS CHAPTER 27.04 27.04.02 Required Buffers (a) Buffer Requirements. The following buffers shall be required for wetlands based on the rating of the wetland as outlined in Section 27.04.02 of this Title: Wetland Buffer Requirements Wetland Category Minimum Buffer Width Category 1 150 feet Category II 100 feet Category III 50 feet Category IV 25 feet Except as noted in this section for wetlands adjacent to slopes, or as defined in Section below. Any wetland created, restored or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored, or enhanced wetland. (b) Measuring Buffer Dimensions. Wetland buffers shall be measured horizontally in a landward direction from the delineated wetland edge. (c) Wetlands Adjacent to Slopes. Where lands adjacent to a wetland display a continuous slope of twenty-five percent (25%) or greater, the buffer shall include such sloping areas. Where the horizontal distance of the sloping area is greater than the required standard buffer,the buffer shall be extended to a point twenty-five(25) feet beyond the top of the bank of the sloping area. 27.04.## Exceptions to Required Buffers for Lots Adjacent to Pre-Existing Development. Much of Pasco developed at a time when few or no land use regulations existed to guide development. During these earlier times, no scientific studies were completed to evaluate the impact of development on the functioning and health of the natural environment. Current scientific evidence indicates that many of the development practices of the past had significant negative impacts on the environment (for example, damage to downstream habitat resulting from development practices that resulted in erosion and increased siltation in streams, or the loss of riparian habitat through the filling of wetlands). The purpose of this Title is to incorporate current knowledge about protection of the environment into how development in Pasco is conducted in the future. Some property owners may find that they now must adhere to regulations,buffers, and setbacks that their neighbors, who developed before the regulations were adopted, were not required to address. In order to remedy the inherent "unfairness" of this situation, the buffer widths listed in Section 27.04.02.01 may be reduced, under certain circumstances, by up to thirty-three percent (33%) as listed in the table _ listed under Section 27.04.02.02(7). (a) Conditions Necessary to Allow Buffer Width Reduction Buffer. Buffer widths may be reduced under the following conditions: (1) Buffer reductions may be considered only for lots affected by wetland categories 1, 11, and I11. 4 City of Pasco-Critical Areas Title DRAFT CHAPTER 27.04 WETLANDS (3) In determining if a buffer may be reduced from the buffers required in Section ,the adjacent lots to be used in calculating the reduced buffer width must also be presented with similar wetland circumstances, such that they would be subject to wetland buffer requirements if developed under this Title. If one adjacent lot would be subject to buffer requirements, and the other adjacent lot would be exempt from wetland buffer requirements,no common averaging of setbacks is allowed. In such circumstances,the lot without buffer restrictions resulting from a wetland shall be evaluated as if it were undeveloped. Therefore, in calculating the permissible buffer width for the subject lot, the buffer width used for the lot without buffering restrictions shall be as defined in Section 27.04.02.01, as if that lot were affected by the same wetland type as the subject lot. The buffer width shall then be determined by the calculation defined Section 27.04.02.02(5). These conditions are illustrated in Figure 4 below. (2) Except as described in Section 27.04.02.02(3), it is assumed that the lots discussed below would all be subject to wetland buffer requirements under this Title. (4) In cases where the lot in question is bordered on two sides by lots also adjacent a wetland having a primary structure located within fifty(50)feet of the adjacent side property line and having a buffer width less than the required width identified in the preceding section, the buffer width may be reduced to the average of the two adjacent buffer widths,up to, but not exceeding,the buffer width identified in the Wetland Buffer Requirements: Adjacent Pre-Existing Development Exceptions table presented under Section 27.04.02.02(7). These circumstances are illustrated in Figure 5. 5. (5) In cases where the lot in question is adjacent to an undeveloped lot or a lot with a principal structure set back more than fifty (50) feet from the side property line common with the subject lot, and a lot where the principal structure is located within fifty(50) feet of the side property line,the buffer width may be no smaller than the average between the adjacent setback of the principal structure within fifty (50) feet of the side property line and the buffer width required in section 27.04.02.01 (see Figures 6 and 7). Under no cases may the buffer width be less than the width identified in the Wetland Buffer Requirements: Adjacent Pre-Existing Development Exceptions table presented under Section 27.04.02.02(7). (6) In cases where the lot in question is bordered on both sides by undeveloped lots or lots with principal structures set back more than fifty (50) feet from the side property line adjacent the subject lot, no reduction in the buffer requirements listed in the table in Section 27.04.02.01 is allowed(Figures 8 and 9). (7) Under no circumstances may the width of the buffer allowed exceed the smaller of the adjacent buffers, unless these buffers exceed the buffer width requirements identified in Section 27.04.02.01. City of Pasco- Critical Areas Ordinance 5 DRAFT WETLANDS CHAPTER 27.04 Wetland Buffer Requirements: Adjacent Pre-Existing Development Exceptions* Wetland Category Minimum Buffer Width Category 1 99 feet Category II 66 feet Category 111 33 feet Category IV 25 feet** * Provisions for wetlands adjacent to slopes as defined in Section 27.04.02.01 shall also apply to wetlands eligible to receive reduced buffers. ** No reduction in buffer width is allowed for Category IV wetlands. SECTION 3 WETLANDS MITIGATION AND RESTORATION: SPECIAL PROVISIONS 4.03.01 Compensatory Mitigation. As a condition of any development permit or approval which results in on-site loss or degradation of regulated wetlands and/or wetland buffers, or as an enforcement action pursuant to Section 8.01, the City may require the Applicant to provide compensatory mitigation to offset impacts resulting from the actions of the Applicant or violator. The following standards shall apply: (a) The mitigation shall be conducted on property that shall be protected and managed to avoid further loss or degradation. The Applicant or violator shall provide for long term preservation of the mitigation area. (b) The ratios in the following table apply to creation or restoration which is in-kind(that is,the same type of wetland), on-site, and is accomplished prior to, or concurrently with, loss. The first number specifies the acreage of wetlands to be restored or created and the second specifies the acreage of wetlands lost: Wetland In-Kind Mitigation: Restoration/Creation Area Ratios Wetland Category Wetland Created : Wetland Area Lost CATEGORYI 4 : 1 CATEGORY 11 or 111 2 : 1 CATEGORY IV 1.25 : 1 (c) Mitigation shall follow an approved Mitigation Plan and reflect the restoration/creation ratios specified above. Enhancement of existing wetlands, other than Category I and Category II 6 City of Pasco-Critical Areas Title DRAFT CHAPTER 27.04 WETLANDS wetlands, may be considered for compensatory mitigation by doubling the ratios in the table above. (d) The Applicant shall agree to a five-year wetland mitigation monitoring agreement as a condition of approval, with the agreement requiring wetland replacement ratios of one-to-one (1:1) upon completion of the agreement. (e) Mitigation shall be completed prior to, or concurrently with, wetland loss; or, in the case of an enforcement action,prior to continuation of the activity by the Applicant or violator. (f) On-site mitigation is generally preferred over off-site mitigation. (g) Off-site mitigation allows replacement of wetlands away from the site on which the wetland has been impacted by a regulated activity. Off-site mitigation will be conducted in accordance with the restoration/creation ratios described above. Off-site mitigation shall occur within the same drainage basin as the wetland loss occurs, provided that Category IV wetlands may be replaced outside of the watershed if there is no reasonable alternative. In such instances, the stormwater storage function provided by Category IV wetlands must be provided for within the design of the development project. Off-site mitigation may be allowed only under one or more of the following circumstances: A. On-site mitigation is not feasible due to hydrology, soils, or other factors. B. On-site mitigation is not practical due to probable adverse impacts from surrounding land uses or would conflict with a federal, state or local public safety directive. C. Potential functional values at the site of the proposed restoration are greater than the lost wetland functional values. (h) When the wetland to be altered is of a limited functional value and is degraded, mitigation shall be of the wetland community types needed most in the location of mitigation and those most likely to succeed with the highest functional value possible. (i) Out-of-kind mitigation can be allowed when out-of-kind replacement will best meet the provisions of this section. (j) Except in the case of cooperative mitigation projects in selecting mitigation sites,Applicants shall pursue locations in the following order of preference: A. Filled, drained, or cleared sites that were formerly wetlands and where appropriate hydrology exists. B. Upland sites, adjacent to wetlands, if the upland is significantly disturbed and does not contain a mature forested or shrub community of native species, and where the appropriate natural hydrology exists. (k) Where out-of-kind replacement is accepted, greater restoration/creation ratios may be required. (1) Construction of mitigation projects shall be timed to reduce impacts to existing wildlife and plants. Construction shall be timed to assure that grading and soil movement occurs during the dry season and planting of vegetation shall be specifically timed to needs of the target species. 4.03.02 Innovative Mitigation. The City may encourage, facilitate, and approve innovative wetland mitigation projects. Advance mitigation or mitigation banking are examples of alternative mitigation projects allowed under the provisions of this section wherein one or more Applicant(s), or an organization with demonstrated capability, may undertake a mitigation project together if it is demonstrated that all of the following circumstances exist: (a) Creation of one or several larger wetlands may be preferable to many small wetlands; (b) The group demonstrates the organizational and fiscal capability to act cooperatively; (c) The group demonstrates that long term management of the mitigation area will be provided; and, (d) There is a clear potential for success of the proposed mitigation at the identified mitigation site. Conducting mitigation as part of a cooperative process does not reduce or eliminate the required replacement ratios outlined in Section 4.03.01, except where a compensatory mitigation plan including a City of Pasco-Critical Areas Ordinance 7 DRAFT WETLANDS CHAPTER 27.04 five-year monitoring agreement is included as a condition of approval, such plan shall allow for one-to- one(1:1)replacement ratios upon successful completion of the monitoring agreement. Wetland mitigation banking programs consistent with the provisions outlined in the Department of Ecology's publication 92-12 (Wetland Mitigation Banking) and publication 94-29 (Guidelines for Developing Freshwater Wetlands Mitigation Plans and Proposals), or their successor or updates, will be considered as a method of mitigation for unavoidable, adverse wetland impacts associated with future development. 4.03.03 Mitigation Requirement Exceptions. Requirements for mitigation do not apply when a wetland alteration is intended exclusively for the enhancement or restoration of an existing regulated wetland and the proposal will not result in a loss of wetland function and value, subject to the following conditions: (a) The enhancement or restoration project shall not be associated with a development activity. (b) An enhancement or restoration plan shall be prepared and approved as described in Section 4.03.04. 4.03.04 Restoration. Restoration is required when a wetland or its buffer has been altered in violation of this Title. The following minimum performance standards shall be met for the restoration of a wetland, PROVIDED that if it can be demonstrated by the Applicant that greater functional and habitat values can be obtained,these standards may be modified: (a) The original wetland configuration should be replicated including depth, width, and length at the original location. (b) The original soil types and configuration shall be replicated. (c) The wetland and buffer areas shall be replanted with native vegetation which replicates the original in species, sizes, and densities. (d) The original functional values shall be restored, including water quality and wildlife habitat functions. (e) Required replacement ratios are shown in the following table: Wetland In-Kind (On-Site) Restoration: Restoration/Creation Area Ratios Wetland Category Wetland Created : Wetland Area Lost CATEGORYI 6 : 1 CATEGORY II or III 2 : 1 CATEGORY IV 1.25 : 1 A restoration plan shall be prepared and approved prior to commencement of restoration work. Such a plan shall be prepared by a qualified wetland biologist and shall describe how the actions proposed meet the minimum requirements described above. The City Planner shall, at the Applicant's or violator's expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the Applicant or violator for revision and resubmittal. 8 City of Pasco-Critical Areas Title DRAFT CHAPTER 27.05 GEOLOGIC HAZARD AREAS Sections: SECTION 1 APPLICABILITY 27.03.010 Authorizations Required 27.03.020 Jurisdiction 27.03.030 Exemptions SECTION 1 GEOLOGIC HAZARD AREAS REVIEW 27.05.010 Geologic Hazard Areas - Introduction. Geologic hazard areas pose a threat to the health and safety of residents when incompatible development is sited in areas of significant hazard. Such incompatible development may not only place itself at risk, but also may increase the hazard to surrounding development and use. Some geologic hazards can be reduced or mitigated by engineering, design, or modified construction or mining practices so that the risks to health and safety are acceptable. When technology cannot reduce the risks to acceptable levels, development in the hazard area is best avoided. Geologic hazard areas within Pasco are those areas that are susceptible to significant erosion, landslide and flood hazards, seismic hazards, and surface mine collapse hazards. All areas within the City of Pasco meeting the criteria described in Section 27.05.01.02 for known or suspected risk or unknown risk, regardless of the presence or lack of any formal identification as such, are designated as critical areas and are subject to the provisions of this Title. (a) Volcanic Hazards. The Growth Management Act requires that volcanic hazards be addressed in local critical area regulations. However, since no volcanic hazards exist in the Pasco area, regulations pertaining to these areas have been omitted from this Title. (b) Flood Hazard Areas. Generally, areas subject to flood hazard conditions are regulated by the Pasco Flood Plain regulations (PMC Title 24)which regulates those areas identified and classified by the Federal Emergency Management Agency(FEMA) on their Flood Hazard Boundary/Flood Insurance Rate Maps (FIRM). These maps, however, do not always indicate the locations of all flood hazard areas, especially those areas subject to flash flooding. For developments occurring in areas known for flash floods or flood hazards not indicated on the City's Flood Plain regulation maps, and not meeting the threshold for a Detailed Study under one of the other hazard categories addressed in this Title, the City Planner may require additional analysis and possible mitigation to ensure the development will not result in any additional risks to property or life. 27.05.020 Geologic Hazard Area Classification and Designation Criteria (a) Geologic hazard area classification criteria are listed in the table below, along with the source agencies that provide the guidelines for classification and designation: City of Pasco-Critical Areas Ordinance 1 DRAFT GEOLOGIC HAZARD AREAS CHAPTER 27.05 Criteria for Classification of Geologic Hazard Areas Hazard Area Classification and Designation Source 1. Erosion Hazard 1. Areas with soil type possessing erosion hazard of"moderate to NRCS Areas. severe,""severe,"or"very severe." (Classification based on both soil type and slope) 2. Landslide 1. Areas with slopes of thirty percent(30%)or greater slope and with a NRCS Hazard Areas. vertical relief of ten (10)or more feet; 2. Areas with slopes steeper than fifteen percent(15%)on hillsides NRCS intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock where springs or groundwater seepage is present; 3. Areas with slopes parallel or sub-parallel to planes of weakness in NRCS subsurface materials(e.g., bedding planes,joint systems, and fault planes) 4. Areas with slopes having gradients steeper than eighty percent(80%) NRCS subject to rockfall during seismic shaking 5. Alluvial fans or canyon bottoms presently or potentially subject to NRCS inundation by debris flows or catastrophic flooding 6. Areas that have shown movement during the Holocene epoch or NRCS which are underlain or covered by wastage debris of this epoch 7. Evidence of or risk from snow avalanches NRCS 8. A"severe"limitation for building site development due to slope NRCS conditions 9. Areas of historic failure such as areas designated as quaternary USGS, Wash.- slumps, earthflows, mudflows, lahars, or landslides on maps or DNR; or other technical reports(e.g.,topographic or geologic maps, or other government authorized documents) agencies. 3. Flood Hazard 1. Areas potentially unstable as a result of rapid stream incision, stream City of Pasco Areas. bank erosion, and undercutting by wave action shall be addressed as Flood Plain a flood hazard. Ordinance, No. 4. Seismic Hazard 1. Areas subject to severe risk of damage from earthquake induced Criteria include Areas. ground shaking or soil liquefaction and soil strength loss, including those described lands designated as alluvium and recessional outwash surficial above in Section geologic units and areas located on or adjacent to a Holocene fault 27.05.020(b)(3) line. Landslide Hazard Areas, and other documents authorized by government agencies. 5. Mine Hazard 1. Mine hazard areas are areas directly underlain by, adjacent to or Areas abutting, or affected by mine workings such as adits, tunnels, drifts, or air shafts. Abbreviations: NRCS-U.S. Department of Agriculture, Natural Resource Conservation Service USGS—United States Geological Survey Wash-DNR—Washington Department of Natural Resources 27.05.020 Geologic Hazard Area Rating Criteria 2 City of Pasco-Critical Areas Ordinance DRAFT CHAPTER 27.05 GEOLOGIC HAZARD AREAS (a) All areas within Pasco shall be classified by the following risk categories for each geologic hazard type: Rating of Geologic Hazard Risk Risk Classification Documentation and Data Sources Known or Suspected Risk Documentation or projection of the hazard by a qualified expert exists. No Risk Documentation or projection of the lack of a hazard by a qualified expert exists. Risk Unknown Data are not available to determine the presence or absence of a geologic hazard. 27.05.030 Determination of Need for Geologic Hazard Area Detailed Study. The City Planner shall require a Detailed Study of a geologic hazard area if the following indicators are present: (a) If the project area is listed in the City of Pasco Critical Areas Map Folio as possessing either a Known or Suspected Risk for erosion, landslide, flood, seismic, or mine hazard, then a Detailed Study for that type of hazard shall be required; or (b) If the project area is listed in the City of Pasco Critical Areas Map Folio as possessing an Unknown Risk for erosion, landslide, flood, seismic or mine hazard shall require the preparation of a Detailed Study for that hazard type if any of the following are identified by the Applicant or City: (1) Documentation exists that shows that any of the classification criteria listed in Section 27.05.020 are present, based on any of the references listed in this Title 'ppendix or other reasonable source; or (2) A qualified geologist finds that any of the following exist: evidence of past significant events of the hazard in question on or adjacent to the site, the presence of necessary and sufficient factors for events of the hazard in question on or adjacent to the site, or reasonable uncertainty concerning the hazard and the potential for significant risk to or from the proposed activity; or (3) The City Planner possesses a reasonable belief that a geologic hazard may exist. Such reasonable belief shall be supported by a site visit and subsequent consultation with a qualified geologist. 27.05.040 Geologic Hazard Area Detailed Study Requirements. The minimum requirements for a Geologic Hazard Area Detailed Study include the following (in addition to the Basic Requirements identified in Sections to__): (a) Basic Requirements. A geologic hazard critical area Detailed Study shall meet the following general requirements and provide the following: City of Pasco-Critical Areas Ordinance 3 DRAFT GEOLOGIC HAZARD AREAS CHAPTER 27.05 (1) The Detailed Study shall be prepared by a qualified professional engineer or geologist, as defined by this Title. Evidence of qualifications shall be provided with the Detailed Study. (2) A map, of a scale no smaller than 1 inch = 200 feet, of the site and the extent of the geologic hazard area as determined by the criteria in Section 27.05.030. (3) An assessment of the geologic characteristics and engineering properties of the soils, sediments, and/or rock of the subject property and potentially affected adjacent properties, and a review of the site history regarding landslides, erosion, and prior grading. The Study shall include a soils analysis consistent with the accepted regional taxonomic classification system, and a description of the vulnerability of the site to seismic events. Documentation of data and methods shall be included. (4) A geotechnical analysis including a detailed description of the proposed project, its relationship to the geologic hazard(s), and its potential impact upon the hazard area, the subject property and affected adjacent properties shall be included. (5) A mitigation plan, if appropriate, prepared by a professional engineer or geologist under the supervision of a professional engineer qualified to prepare a geologic hazard area detailed study. The mitigation plan shall include a discussion on how the project has been designed to avoid and minimize the impacts discussed in the geotechnical analysis (see mitigation standards provided in PMC 27.03.180 and 27.03.190). The plan shall make a recommendation for the minimum building setback from any geologic hazard based upon the geotechnical analysis. The plan shall also address the potential impact of mitigation on the hazard area,the subject property and affected adjacent properties. (6) Where more than one geologic hazard critical area is within, adjacent to, impacts, or is impacted by the activity site, then only one Detailed Study is required to be completed to conduct a geologic hazard critical area review of the activity. The comprehensive report shall meet all of the requirements of each critical area type but may present a unified mitigation plan. (7) Where a valid geotechnical report has been prepared within the last five (5) years for a specific site, and where the proposed land use activity and surrounding site conditions are unchanged, said report may be incorporated into the Detailed Study. The applicant shall submit a geotechnical assessment detailing any changed environmental conditions associated with the site. (b) Erosion and Landslide Hazard Areas. In addition to the preceding Basic Requirements, a Detailed Study for an erosion hazard or landslide hazard area must also meet the following requirements: (1) The map shall depict the height of slope, slope gradient, and cross section of the site. The site plan shall also include the location of springs, seeps, or other surface expressions of groundwater. The site plan shall also depict any evidence of surface or storm water runoff. (2) A description of load intensity including surface and groundwater conditions, public and private sewage disposal systems, fills and excavations and all structural development. 4 City of Pasco-Critical Areas Ordinance DRAFT CHAPTER 27.05 GEOLOGIC HAZARD AREAS (3) An estimate of slope stability and the effect construction and placement of structures will have on the slope over the estimated life of the structure. (4) An estimate of the bluff retreat rate that recognizes and reflects potential catastrophic events such as seismic activity or an one hundred year storm event. (5) An assessment describing the extent and type of vegetative cover. (6) The geotechnical analysis shall specifically include: A. Slope stability studies and opinion(s)of slope stability; B. Proposed angles of cut and fill slopes and site grading requirements; C. Structural foundation requirements and estimated foundation settlements; D. Soil compaction criteria; E. Proposed surface and subsurface drainage; F. Lateral earth pressures; G. Vulnerability of the site to erosion; H. Suitability of on-site soil for use as fill; and, I. Building limitations. (7) Mitigation proposals shall include the location and methods of drainage, surface water management, locations and methods of erosion control, a vegetation management and/or restoration plan and/or other means for maintaining long term stability of slopes. (c) Flood Hazard Area. Flood Hazard Areas are addressed through the Pasco Flood Plain regulations (Title 24). If evidence exists that the proposed development area is subject to flood hazards that are not indicated on the City's Flood Hazard Boundary Maps, and site characteristics do not warrant an erosion or landslide hazard Detailed Study, the City Planner may require additional analysis and preparation of a mitigation plan, if appropriate, to determine if the site it suitable for development under the intent of this Title. (d) Seismic Hazard Areas. In addition to the Basic Requirements (Section 27.05.040(a)), a Detailed Study for a seismic hazard critical area shall also meet the following requirements: (1) The site map shall show all known and mapped faults in the project vicinity. (2) The geotechnical analysis shall include a complete discussion of the potential impacts of seismic activity reasonably probable on the site (for example, forces generated and fault displacement). City of Pasco-Critical Areas Ordinance 5 DRAFT GEOLOGIC HAZARD AREAS CHAPTER 27.05 (e) Mine Hazard Areas. In addition to the Basic Requirements (Section 27.05.040(a)), a Detailed Study for a mine hazard critical area shall also meet the following requirements: (1) The site plan shall delineate the existence of mine working adjacent to or abutting the site, or nearby mine workings which may impact the site; and (2) The geotechnical analysis shall include a discussion of the potential for subsidence on the site. (f) Volcanic Hazard Areas. A Detailed Study of volcanic hazard areas is not required for any activity. All activities must conform to the volcanic hazard performance standards of Section 27.05.02.05. SECTION 2 PERFORMANCE STANDARDS 27.05.050 Minimum Requirements – Performance Standards. This section describes the minimum performance standard requirements for Geologic Hazard Areas. Basic requirements are provided, along with requirements specific to Erosion and Landslide Hazards, Flood Hazards, Seismic Hazard Areas,Mine Hazard Areas, and Volcanic Areas. (a) Basic Requirements. (1) Alteration of geologic hazard critical areas is permitted only if the development proposal can be designed so that the hazard to the project and any increase of hazard to adjacent property is eliminated or mitigated and the development proposal on that site is certified as safe by a geotechnical engineer licensed in the State of Washington. (2) All proposals involving excavations and placement of fills shall be subject to structural review under Chapter 33, Site Work, Demolition and Construction, of the 1994 or 1997 Uniform Building Code, as adopted by the City of Pasco; and the Pasco Clearing and Grading Ordinance(Ordinance No.—). (3) &ential public (as defined by RCW 36.70A.200 and local planning documents) shall not be sited within designated geologic hazard areas. (Exception: volcanic hazard areas.) (b) Erosion and Landslide Hazard Areas. Activities on sites containing landslide or erosion hazards shall also meet the following requirements: (1) Alterations of the buffer (defined in following section_) and/or geologic hazard area may only occur for activities meeting the following criteria: A. No reasonable alternative exists; and B. A geotechnical report is submitted and certifies that: 6 City of Pasco-Critical Areas Ordinance DRAFT CHAPTER 27.05 GEOLOGIC HAZARD AREAS i. The development will not significantly increase surface water discharge or sedimentation to adjacent properties beyond pre-development conditions; ii. The development will not decrease slope stability on adjacent properties; and iii. That such alterations will not adversely impact other critical areas. (2) A temporary erosion and sedimentation control plan prepared in accordance with the requirements of the City of Pasco Drainage Requirements and Standards (Ordinance No. (3) A drainage plan for the collection, transport, treatment, discharge and/or recycle of water in accordance with the requirements of the City of Pasco Drainage Requirements and Standards(Ordinance No.__). (4) Surface drainage shall not be directed across the face of a landslide hazard (including riverine bluffs or ravines). If drainage must be discharged from the hazard area into adjacent waters, it shall be collected above the hazard and directed to the water by tight line drain and provided with an energy dissipating device at the point of discharge. (5) All infiltration systems, such as stormwater detention and retention facilities, and curtain drains utilizing buried pipe or French drain, are prohibited in landslide hazard areas and their buffers unless a geotechnical report indicates such facilities or systems or the failure of the same will not affect slope stability and the systems are designed by a licensed civil engineer. The engineer shall also certify that the system and/or facilities are installed as designed. (6) Buffer. A minimum standard buffer width of thirty(30)feet shall be established from the top, toe, and all edges of landslide and erosion hazard areas. Existing native vegetation shall be maintained in accordance with mitigation recommendations within the buffer area (Figure 9). The buffer may be reduced to a minimum of ten (10) feet when an applicant demonstrates to the City Planner that the reduction will adequately protect the proposed development, adjacent developments and uses, and the subject critical area. The buffer may be increased by the City Planner for development adjacent to a river bluff or ravine, or in other areas that circumstances may warrant, where the City Planner determines a larger buffer is necessary to prevent risk of damage to proposed and existing development (as in the case where the area potentially impacted by a landslide exceeds thirty(30)feet. (7) On-site sewage disposal systems, including drain fields, shall be PROHIBITED within landslide and erosion hazard areas and related buffers. (8) Development designs shall meet the following basic requirements unless it can be demonstrated that an alternative design which deviates from one or more of these standards provides greater long-term slope stability while meeting all other criteria of this Title. The requirement for long-term slope stability shall exclude designs that require periodic maintenance or other actions to maintain their level of function. The basic development design standards are: City of Pasco-Critical Areas Ordinance 7 DRAFT GEOLOGIC HAZARD AREAS CHAPTER 27.05 A. Structures and improvements shall be clustered to retain as much open space as possible and to preserve the natural topographic features of the site. B. Structures and improvements shall conform to the natural contour of the slope and foundations shall be tiered where possible to conform to existing topography. C. Structures and improvements shall be located to preserve the most critical portion of the site and its natural landforms and vegetation. D. The use of retaining walls that allow the maintenance of existing natural slope area is preferred over graded artificial slopes. E. All development shall be designed to minimize impervious lot coverage. (9) Clearing is only allowed from April 1 to November 1, with the exception of clearing of up to fifteen thousand (15,000) square feet on individual lots, which is allowed throughout the year. (10) Only that clearing necessary to install temporary sedimentation and erosion control measures shall occur prior to clearing for roadways or utilities. (11) Clearing limits for roads, water, wastewater, and stormwater utilities, and temporary erosion control facilities shall be marked in the field and approved by the City Planner prior to any alteration of existing native vegetation. (12) The authorized clearing for roads and utilities shall be the minimum necessary to accomplish project specific engineering designs and shall remain within approved rights- of-way. (13) All trees and understory outside of areas approved for clearing shall be retained provided that understory damaged during approved clearing operations may be pruned or replaced. (c) Flood Hazard Areas. Except as provided in PMC 25.05.02(b), activities in flood hazard areas shall comply with Pasco's Flood Plain regulations, Title 24. (d) Seismic Hazard Areas. Activities on sites containing seismic hazards shall also meet the following requirements: (1) Mitigation is implemented which reduces the seismic risk to a level equivalent to that which the activity would experience if it were not located in a seismic hazard area. (2) Seismic Hazards Areas: Structural development proposals shall meet all applicable provisions of Chapter 16 of the 1994 or 1997 Uniform Building Code (Structural Forces/Structural Design Requirements) as adopted by the City of Pasco. (3) No residential structures or critical facilities shall be located on a Holocene fault line as indicated by USGS investigative maps and studies. 8 City of Pasco-Critical Areas Ordinance DRAFT CHAPTER 27.05 GEOLOGIC HAZARD AREAS (e) Mine Hazard Areas. Activities on sites containing mine hazards shall also meet the following requirements: (1) Mitigation is implemented which reduces the risk from mine hazards to a level equivalent to that which the activity would experience if it were not located in a mine hazard area. (f) Volcanic Hazard Areas. Activities on sites containing volcanic hazards shall also meet the following requirements: (1) All structures shall be built in conformance with the appropriate chapters of the Uniform Building Code as adopted by the City of Pasco. SECTION 3 MITIGATION AND RESTORATION: SPECIAL PROVISIONS 27.05.03.01 Long-Term Mitigation and Restoration Standards (a) The mitigation plan shall specifically address how the activity maintains or reduces the pre- existing level of risk to the site and adjacent properties on a long-term basis (equal to or exceeding the projected lifespan of the activity or occupation). Mitigation techniques providing long-term hazard reduction are those that do not require periodic maintenance or other actions to maintain their function. (b) Mitigation may be required to avoid any increase in risk above the pre-existing conditions following abandonment of the activity. (c) Any restoration required through enforcement actions pursuant to Chapter_shall meet the same long-term hazard reduction standards. In the case of restoration, long-term shall be defined as the equivalent of natural function. City of Pasco-Critical Areas Ordinance 9 DRAFT CHAPTER 27.06 FISH AND WILDLIFE HABITAT AREAS Sections: SECTION 1 --- 27.05.010 - SECTION 1 FISH AND WILDLIFE HABITAT AREA REVIEW 27.06.010 Fish and Wildlife Habitat Areas—Introduction. Many land use activities can impact the habitats of fish and wildlife. Where areas of critical fish and wildlife habitat are subject to development pressure,all proposed activities in proximity to the habitats should be evaluated to determine whether the proposed land use is compatible with the habitat. The purpose of these regulations is to evaluate development design and location to ensure that critical fish and wildlife habitat is preserved and protected so that habitat fragmentation is avoided. These regulations seek to protect critical habitat areas so that populations of endangered,threatened and sensitive species are restored within the City of Pasco. 27.06.010 Fish and Wildlife Habitat Area Designation and Classification Criteria (a) Fish and wildlife habitat areas shall include the following: Criteria for Classification of Fish and Wildlife Habitat Areas Habitat Area Characteristic/Classification Source (1) Areas with which state or federally designated endangered,threatened,and DF&W,US F&W sensitive species have a primary association (NOAA) (2) Naturally occurring ponds(as defined in this Title)under twenty(20)acres in DOE size and their submerged aquatic beds that provide fish or wildlife habitat. Are there any? (3) Waters of the state classified as fish and wildlife habitats under the Growth DNR,DOE,DF&W,affected Management Act,RCW 36.70A,and WAC 365-190-080(5)(c)(v) Indian tribes (i) Columbia River (ii) Snake River (4) Tributaries of the Columbia and Snake Rivers subject to classification as Type 1, DNR,DOE,DF&W,affected 2,3,4 or 5 under RCW 36.70A and WAC 222-16-030. Indian tribes (5) State Natural Area Preserves and Natural Resource Conservation Areas;and, DNR (6) Habitat areas of local importance as determined by resolution of the City DF&W Council. These areas may include,but are not limited to,priority habitats and priority species identified by the Washington State Department of Fish and Wildlife. City of Pasco-Critical Areas Ordinance 1 DRAFT FISH AND WILDLIFE HABITAT AREAS CHAPTER. Deleted:6 (vi)Waters of the state. Waters of the state are defined in Title 222 WAC,the forest practices rules and regulations. Counties and cities should use the classification system established in WAC 222-16-030 to classify waters of the state. Counties and cities may consider the following factors when classifying waters of the state as fish and wildlife habitats: (A)Species present which are endangered,threatened or sensitive,and other species of concern; (B)Species present which are sensitive to habitat manipulation; (C)Historic presence of species of local concern; (D)Existing surrounding land uses that are incompatible with salmonid habitat; (E)Presence and size of riparian ecosystems; (F)Existing water rights;and (G)The intermittent nature of some of the higher classes of waters of the state. (b) The map and species references indicated are intended to serve only as a guide during development review. In all cases,the actual presence or absence of the listed species or habitat shall determine how this title applies. (c) All areas within the City of Pasco meeting one or more of these criteria,regardless of whether or not they have been formally identified as exhibiting these criteria,are hereby designated as critical areas and are subject to the provisions of this Title. 27.06.020 Fish and Wildlife Habitat Area Rating. Fish and wildlife habitat areas shall be rated as Primary or Secondary according to the criteria in this section. Classification by Fish and Wildlife Areas Habitat Classification Source Area Primary Primary habitats are those areas that are valuable to fish and wildlife and support Habitats a wide variety of species due to an undisturbed nature,diversity of plant species, and structure,presence of water,or size,location or seasonal importance and which meet any of the following qualifying criteria (1) The documented presence of species listed by the federal government or DF&W,US F&W State of Washington as endangered,threatened,or sensitive. (NOAH) (2) Those rivers identified as"Shorelines of the State"under the City of Pasco DOE Shoreline Master Program,and streams within the shoreline jurisdiction.. (3) Those wetlands identified as Category I Wetlands,as defined in this title. Section 27.04.020 Wetland Rating (Classification) Secondary Secondary habitats are those which are valuable to wildlife and support a wide Habitats variety of species due to an undisturbed nature,diversity of plant species,and structure,presence of water,or size,location or seasonal importance but do not meet any of the qualifying criteria listed in section 27.06.02.01. 27.06.030 Determination of Need for Fish and Wildlife Habitat Area Detailed Study. (a) A Detailed Study shall be required for any activity that contains or is within two hundred(200) feet of a Fish and Wildlife Habitat Area. 2 City of Pasco-Critical Areas Ordinance DRAFT CHAPTER 6 FISH AND WILDLIFE HABITAT AREAS (b) Due to the sensitive nature of certain species,the Applicant shall notify the City if the proposed activity will occur within 660 feet(1/8 of a mile)of a Fish and Wildlife Habitat Area;the City may then contact appropriate agencies and determine if a Detailed Study should be prepared, based on the sensitivity of the site. (c) The City Planner shall require a Detailed Study of a habitat area if the following indicators are present: 1. The area is listed in the City's Critical Areas Map Folio as a fish and wildlife habitat area;or 2. Documentation exists that shows that any of the classification criteria listed above in Section 27.06.01 are present,based on any of the references listed in this Title or its Appendix or other reasonable source;or 3. A qualified fish and wildlife biologist finds that habitat conditions appropriate to meet one or more of the classification criteria listed above in Section 27.06.01 exist;or 4. The City Planner possesses a reasonable belief that a fish and wildlife habitat may exist. Such reasonable belief shall be supported by a site visit and subsequent consultation with a qualified fish and wildlife biologist. 27.06.04 Fish and Wildlife Habitat Area Detailed Study Requirements. If a Fish and Wildlife Habitat Area Detailed Study is required,it shall include and/or meet the following requirements (in addition to the Basic Requirements identified in Sections to ): (a) The Detailed Study shall be completed by a qualified fish and wildlife biologist with expertise in assessing the relevant species and habitats. Evidence of qualifications shall be provided with the Detailed Study. (b) The site plan and map submitted shall be of a scale no smaller than 1 inch=200 feet. The Site plan shall indicate all Fish and Wildlife Habitat Critical Areas,as determined by the City's Critical Areas Map Folio and the criteria in Section ,and shall include the area within two hundred(200)feet of the subject property. The Applicant may prepare the site plan,however it is subject to review by the qualified fish and wildlife biologist. The extent and boundaries of the habitat shall be determined by the qualified fish and wildlife biologist. (c) A habitat description that includes a habitat rating as described in Section 27.06.02,and a statement of functions and values that provides information on the species in question and the associated plant and animal communities. A complete list of species and special habitat features shall be included. (d) A regulatory analysis that includes a discussion of any federal,state,tribal,and/or local requirements or special management recommendations that have been developed for species and/or habitats located on the site. (e) The proposed mitigation plan shall address how the proposed development activity has been mitigated to avoid and minimize adverse impacts to the habitat,and shall follow the general mitigation plan requirements described in Section City of Pasco-Critical Areas Ordinance 3 DRAFT FISH AND WILDLIFE HABITAT AREAS CHAPTER. Deleted:6 (f) A statement of management and maintenance practices,including a discussion of ongoing maintenance practices that will assure protection of all fish and wildlife habitat conservation areas on-site after the project has been completed.This section should include a discussion of proposed monitoring criteria,methods,and schedule. (g) Habitat and Buffer Recommendations. (1) Where non-fish species have been identified that are classified as endangered or threatened by the federal government or Washington Department of Fish and Wildlife, the Detailed Study shall identify the required habitat and recommend appropriate buffers based on the State Department of Fish and Wildlife Priority Habitat and Species(PHS) management recommendations. (2) Where other fish and wildlife habitats areas have been identified,the Detailed Study shall identify the required habitat and recommend appropriate buffers based on the following recommendations: (i) For areas with endangered,threatened,and sensitive species,any protective measures recommended shall be consistent with the Washington Department of Fish and Wildlife Priority Habitat and Species(PHS)management recommendations;and (ii) For naturally occurring ponds under twenty(20)acres,protective provisions that are consistent with the wetland performance standards of Section 4.02. (h) Habitats and species that have been identified as Priority Species or Priority Habitats by the Washington Department of Fish and Wildlife Priority Habitats and Species Program should not be reduced and shall be preserved through regulation,acquisition,incentives and other techniques. I the City decides to identify and designate habitats and species of local importance, criteria for designation shall be developed and adopted into this Title. (i) If,in the future,the City chooses to designate,along with the State,a State Natural Area Preserve and/or Natural Resource Conservation Area within Pasco,the City shall coordinate with the relevant agencies to determine appropriate measures to be taken to ensure protection of these areas,including amending this Title,as necessary. SECTION 2 PERFORMANCE STANDARDS Minimum Requirements — Performance Standards. This section describes the minimum performance standard requirements for the habitat areas, including wetland habitats, riparian habitats,and specific requirements for Bald Eagle habitat areas. (a) Wetland Habitats. All habitat sites containing wetlands shall conform to the wetland development performance standards set forth in Section 4 City of Pasco-Critical Areas Ordinance DRAFT CHAPTER 6 FISH AND WILDLIFE HABITAT AREAS (b) Riparian Habitats. (1) Buffer Requirements. Native vegetation standard buffers for activities occurring adjacent to streams within fish and wildlife habitat areas shall be maintained. Buffer widths shall be based on the extent of prior modification of the stream channel. Channel banks are all classified in one category and mapped in the Map Folio in the Appendix. Riparian buffers are determined by whether or not a salmonid habitat is present. The buffer distance from the ordinary high water mark shall be as follows: Riparian Buffer Requirements Stream Minimum Buffer Width Pasco River and perennial 100 feet streams that support salmonid populations All other streams 75 feet (2) Exception for Lots Adjacent Pre-Existing Development. The required buffer width listed above (6.02.02 Riparian Habitats-"Buffer Requirements")shall not apply in cases where the adjacent pre-existing development(vested prior to the effective date of this Title)does not meet these established standards. In such cases,the buffer may be reduced by one-third(1/3)the difference between the required buffer and the larger of the two adjacent buffers,with"adjacent"meaning as defined in this section(see Figure 10). For example,if the required buffer for a property was 100 feet,and the two neighboring properties have buffers of 5 feet and 10 feet,the Applicant could reduce his/her required buffer width by 30 feet to 70 feet. Adjacency in this situation shall be defined as being within fifty(50)feet of the side property lines. If there is only clearing on one side of the proposed activity within fifty(50)feet of the side property line, t11en the buffer required in Section 6.02.02.01 shall apply(Figure 11). This exception may be revoked During the Critical Area Review if the City Mayor or Mayor's designee finds that alteration of the buffer will have an unacceptable impact upon the habitat area. This exception notwithstanding,in no case shall the buffer width be narrower than as shown in the following table: City of Pasco-Critical Areas Ordinance 5 DRAFT FISH AND WILDLIFE HABITAT AREAS CHAPTER. Deleted:6 Riparian Buffer Requirements: Adjacent Pre-Existing Development Exceptions Stream Minimum Buffer Width Pasco River, Maloney Creek 60 feet and other perennial streams supporting salmonid populations where the bank is classified as Unmodified All other streams where t MI bank is classified as Unmodified Bald Eagle Habitat. Bald eagle habitat shall be protected pursuant to the Washington State Bald Eagle Protection Rules(WAC 232-12-292). A Habitat Management Plan shall be developed by the Applicant in coordination with the Department of Fish and Wildlife whenever activities that alter habitat are proposed near a verified nest territory or communal roost. MITIGATION AND RESTORATION: SPECIAL PROVISIONS Wetland Habitat. All habitat sites containing wetlands shall conform to the wetland mitigation and restoration provisions set forth in Section 6 City of Pasco-Critical Areas Ordinance DRAFT CHAPTER AQUIFER RECHARGE AREAS 7.01 AQUIFER RECHARGE AREA REVIEW 7.01._ Purpose The intent of this section to safeguard groundwater resources in the aquifer system from hazardous substance and hazardous waste pollution by controlling or abating future pollution from new land uses or activities. Once groundwater is contaminated it is difficult,costly,and sometimes impossible to clean up. Preventing contamination is necessary to avoid exorbitant costs,hardships,and potential physical harm to people and the environment. 7.01.01 Aquifer Recharge Area Designation Criteria. (a) Aquifer recharge areas shall be classified as following: Designation of Aquifer Recharge Areas Aquifer Recharge Area Characteristic/Designation Source (1) Wellhead Protection Areas pursuant to WAC 246-290; WA DOH,US EPA (2) Areas designated for special protection pursuant to a groundwater WA DOE management program,Chapters 90.44,90.48,and 90.54 RCW and Chapters 173-100 and 173-200 WAC (3) Areas overlying unprotected aquifers. Such aquifers shall be identified USGS through any existing competent hydrogeologic study including,but not WA DNR limited to,any studies or reports listed in section (4) Areas with no identified unprotected aquifers but possessing the following characteristics (1) Slopes less than fifteen percent(15%),and (2) Coarse alluvium or sand and gravel in the soil profile and no known impermeable layers. WA DOE=Washington State Department of Ecology WA DOH=Washington State Department of Health US EPA=United States Environmental Protection Agency (b) Any project area located within two hundred(200)feet of an area meeting the aquifer designation or soil classification criteria,or mapped as such,shall be treated as if it is located within the mapped area. (c) All areas within the City of Pasco meeting these criteria,regardless of the presence or lack of any formal identification as such,are hereby designated as critical areas and are subject to the provisions of this Ordinance. 7.01.02 Aquifer Recharge Area Classification (a) Aquifer recharge areas are classified as high,moderate,or low significance aquifer recharge areas according to the following criteria: Classification of Aquifer Vulnerability City of Pasco-Critical Areas Ordinance 1 DRAFT AQUIFER RECHARGE AREAS CHAPTER Vulnerability Classification Documentation and Data Sources High Vulnerability High significance aquifer recharge areas are areas with slopes of less than fifteen percent(15%)that are underlain by coarse alluvium or sand and gravel. Moderate Vulnerability Moderate significance aquifer recharge areas are: 1. Areas with slopes of less than fifteen percent(15%)that are underlain by fine alluvium,silt,clay,glacial till,or deposits from the electron mudflow;and, 2. Areas with slopes of fifteen percent(15%)to thirty percent(30%) that are underlain by sand and gravel. Low Vulnerability Moderate significance aquifer recharge areas are: 1. Areas with slopes of fifteen percent(15%)to thirty percent (30%)that are underlain by silt,clay,or glacial till;and, 2. Areas with slopes greater than thirty percent(30%). 7.01.03 Determination of Need for Aquifer Recharge Detailed Study The following information resources shall be utilized along with other documentation where noted: 1. Studies from the United States Geological Survey; 2. City of Pasco Wastewater Facility Plan,Pasco,Washington O; t Formatted:Bullets and Numbering 3. Soil Survey for Area(Washington Department of Natural Resources). 7.01.03.01 Requirements for High Significance Aquifer Recharge Area An Aquifer Recharge Area Detailed Study shall be required for any activity occurring on or adjacent to a site that is,or contains,a High Significance Aquifer Recharge Area if the activity involves one or more of the following uses: 1. Hazardous substance processing or handling. 2. Hazardous waste treatment and storage facility. 3_ Disposal of on-site sewage for subdivisions,short plats,and commercial and industrial sites. Formatted:Bullets and Numbering 4. Landfills. 7.01.04 Aquifer Recharge Area Detailed Study When required as described in Section 7.01.02,a Aquifer Recharge Area Detailed Study shall meet the following requirements: 1. The Detailed Study shall be prepared by a qualified consultant with experience in preparing hydrogeologic assessments. Evidence of these qualifications shall be provided with the Detailed Study. 2 City of Pasco-Critical Areas Ordinance DRAFT CHAPTER AQUIFER RECHARGE AREAS 2. The Detailed Study shall contain a map,of a scale no smaller than 1 inch=200 feet,of the site and the extent of the High Significance Aquifer Recharge Area as determined by the criteria in Section 7.01.02. 3. The Detailed Study shall contain a hydrogeologic assessment including,at a minimum: A. Information sources; B. Geologic setting; C. Background water quality; D. Location of,and depth to,water tables; E. Recharge potential of the facility site; F. Groundwater flow direction and gradient; G. Currently available data on wells within one thousand(1,000)feet of the site; H. Currently available data on springs within one thousand(1,000)feet of the site; 1. Surface water location and recharge potential; J. Water source supply to the activity(e.g.,high capacity well); K. Any sampling schedules necessary; L. Discussion of the effects of the proposed project on the groundwater resource;and M. Other information as may be required by the Town. 4. The Detailed Study shall include a mitigation plan detailing how the activity will offset any impact on the resource and control risk of contamination to the aquifer. 7.01.05 Aquifer Recharge Area Detailed Study Special Exemptions In addition to the exemptions listed in 3.01.03,the following uses shall be exempt from the requirement to prepare an Aquifer Recharge Area Detailed Study: 1. Sewer lines and appurtenances. City of Pasco-Critical Areas Ordinance 3 DRAFT AQUIFER RECHARGE AREAS CHAPTER 7.02 AQUIFER RECHARGE AREA PERFORMANCE STANDARDS 7.02.01 Basic Requirements 1. Any activity listed in 7.01.03(Aquifer Recharge Area Indicators)may only be permitted in a High Significance Aquifer Recharge Area if the Detailed Study documents that the activity does not pose a threat to the aquifer system and that the proposed activity will not cause contaminants to enter the aquifer. 2. All activities located in an Aquifer Recharge Area shall minimize the creation of impervious surfaces to the extent practicable without creating a greater risk to the aquifer recharge area. 7.02.02 Storage Tanks All located in an Aquifer Recharge Area which involves a storage tank must conform to the following requirements. The following requirements shall be enforced by the person or agent acting in the capacity of Fire Marshall for the Town'. The Washington Department of Ecology also regulates and authorizes permits for underground storage tanks(WAC 1730360). 7.02.02.01 Underground Tanks All new underground storage facilities used or to be used for the underground storage of hazardous substances or hazardous wastes shall be designed and constructed so as to: 1. Prevent releases due to corrosion or structural failure for the operational life of the tank; 2. Be protected against corrosion,constructed of noncorrosive material,steel clad with a noncorrosive material,or designed to include a secondary containment system to prevent the release or threatened release of any stored substances;and, 3. Use material in the construction or lining of the tank which is compatible with the substance to be stored. 7.02.02.02 Aboveground Tanks No new aboveground storage facility or part thereof shall be fabricated,constructed,installed,used or maintained in any manner which may allow the release of a hazardous substance to the ground, groundwaters,or surface waters within an Aquifer Recharge Area. No new aboveground tank or part thereof shall be fabricated,constructed,installed,used,or maintained without having constructed around or under it an impervious containment area enclosing or underlying the tank or part thereof ' Pasco currently contracts with Franklin County to provide the services of a Fire Marshall,including regulation and authorization of permits for underground storage tanks,pursuant to the Uniform Fire Code(Article 79) (September 1997). 4 City of Pasco-Critical Areas Ordinance DRAFT CHAPTER AQUIFER RECHARGE AREAS A new aboveground tank will require a secondary containment system either built into the tank structure or a dike system built outside the tank for all tanks located within an aquifer recharge area. City of Pasco-Critical Areas Ordinance 5 DRAFT CRITICAL AREAS - FREQUENTLY FLOODED AREAS SECTION: 18.61.010: Classification 18.61.020: Designation 18.61.030: Regulation 18.61.010: Classification: The flood areas in the City of Pasco are classified as either one of two types: (1) Floodway: Floodways are defined as the channel of a stream and adjacent land areas which are required to carry and discharge the flood water or flood flows of any river or stream associated with a regulatory flood. (2) Flood Fringe: The flood fringe is defined as that land area which is outside a stream's floodway, but is subject to periodic inundation due to flooding, associated with a regulatory flood. These flood areas have been accurately delineated based on hydrologic and hydraulic studies completed by the Federal Emergency Management Agency in 1981, and as subsequently revised and amended. The methodology and detail of these studies is accepted as the best available. 18.61.020: Designation: (1)All areas within the City meeting the frequently flooded designation criteria in the Identification and Delineation Manual, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this Title. (2) The approximate location and extent of frequently flooded areas are shown on the adopted Critical Areas Map (Exhibit 3, or the latest revision of this map). Maps from the Federal Emergency Management Agency, as part of the National Flood Insurance Program (completed May, 1981; last revised June 15, 1994), clearly delineate frequently flooded areas. The present boundaries of the floodway and 100-year floodplain are those designated on the flood boundary and floodway maps contained in the Federal Emergency Management Agency report entitled, "Flood Insurance Study—City of Pasco, Washington" (completed May, 1981; last revised June 15, 1994) and areas of special flood hazard outlined on the City of Pasco Zoning Map. 18.61.030: Regulation: Title 16 (Buildings and Construction) and Chapter 24.20 (Flood Hazard Protection) of the City of Pasco Municipal Code regulate proposed activities in all areas of special flood hazards. If allowed, any structures permitted in the designated flood areas are subject to the flood-proofing regulations provided in Title 15 and Chapter 24.20. COMPREHENSIVE PLAN ENVIRONMENTAL GOALS AND POLICIES (Draft 6/28/00) Deleted:¶ t T,-1 GOAL: PROTECT ENVIRONMENTALLY SENSITIVE LANDS WITHIN THE Deleted:coA>< sL> CITY OF PASCO AND ITS UGA.,, Deleted:NF-P49 Areas where natural features and resources are fragile or Certain lands within the UGA have functions and values that are critical for sustaining fish and wildlife �\ development would pose hazards to populations as well as serving important natural functions. These environmentally health or property,and sensitive lands or critical areas are identified by RCW 36.70A.030 as wetlands, fish 1 Formatted and wildlife habitat, flood hazard areas, geologically hazardous areas and aquifer Deleted:x recharge areas 1 Deleted:habitats and natural areas significant to state or federal-listed \ 1 endangered,threatened,and sensitive CL-1-A POLICY: New development within the Pasco Urban Growth Area should incorporate species measures to protect and preserve critical areas. �� Deleted:should be included in Deleted: are designated critical areas. New development general occurs where the built up community interfaces with \ natural areas. New developments within these interface areas particularly large Deleted:I developments or Planned Unit Developments provide an opportunity for the Formatted preservation of open space(nature areas) within the development. Deleted:ENV-2 Promote a land use patterns that will protect critical CL-1-B POLICY: Coordinate with Franklin County to protect, designate, and classify critical areas and minimize hazardous areas within the Urban Growth Area. conditions. Critical areas are not confined to jurisdictional boundaries. Habitat networks of state or federal designated threatened, endangered, and sensitive species can and do cross jurisdictional lines therefore coordination between the City and County is essential. CL-1-C POLICY: Strive to maintain habitats that support the greatest diversity of fish and wildlife species consistent with the City's land use objectives. Fish and wildlife habitat could be maintained through conservation and enhancement of terrestrial, air, and aquatic habitats, preferably in open spaces and sensitive areas. CL-1-D POLICY: Apply best available science to conservation or protection measures necessary to preserve and enhance anadromous fisheries. Best available science requires especial consideration be given to habitat Deleted:s protection measures based En relevant stream flows, water ualit and Deleted:shall temperature, spawning substrates, instream structural diversity, migratory \ access,and the maintenance of salmon prey species. Deleted:in the Deleted:best available science CL-1-E POLICY: Encourage the preservation of habitat for species that have been identified Deleted:to as endangered,threatened,or sensitive by the state or federal government. Deleted:species which Certain areas have unique physical and biological features that a critical for the long term survive of a species, salmonid being one example. Land use and facility plans (transportation, water, sewer, electricity, gas) to the extent practicable, should incorporate riparian and habitat conservation measures to preserve critical habitat. DRAFT 1 6/28/2000 CL-1-F POLICY: Require the use of Best Management Practices and other development controls including seasonal restrictions to control erosion and sediment discharge from construction sites. Construction activity exposes soil to the elements which can lead to wind and water erosion. Without the use of reasonable mitigation measures this erosion damages both the natural and built-up environments. JCL-1-G POLICY: Discourage development in areas of steep slopes and landslide hazards. _ Deleted:¶ Steeps slopes are often unstable and susceptible to various forms of landslides. Development on steep slopes only adds to the instability problem placing personal property and the environment at risk. CL-2 GOAL: PROTECT,ENHANCE, AND SUSTAIN THE QUALITY OF PASCO'S NATURAL ENVIRONMENT, INCLUDING AIR QUALITY, WATER RESOURCES,NATURAL FEATURES THAT CONTRIBUTE TO THE CITY'S NATURAL BEAUTY, AND CRITICAL AREAS, WHILE MINIMIZING PUBLIC AND PRIVATE COSTS. Fresh air, clean water and natural open areas not only add to the quality of life for Pasco residents, but are in fact essential for a quality life for both human life and wildlife. However in preserving the function and value of the natural environment a balanced approach is need to minimize impacts to property owners. CL-2-A POLICY: Promote innovative design and planning which assures protection of critical areas while allowing for reasonable use and development of property. Planned Unit Developments, Density Increase Developments and other planning tools are available to help avoid disturbance of and minimize adverse impacts to fish and wildlife resources,including spawning, nesting, rearing and habitat areas and migratory routes. CL-2-B POLICY: Protect groundwater resources through control measures, water quality education programs, and other best management practices that avoid impacts to groundwater. The use of bio-swales, drywells and engineered infiltration fields are examples of best management practices presently employed to protect groundwater resources from stormwater runoff. Most groundwater contamination in Franklin County has been the result of increased nitrate levels. Through improved management ground water contamination can and has been improved. CL-2-C POLICY: Support efforts to improve air quality. Air pollution associated with land uses can be improved by:promoting land use patterns and public facility sitings that reduce the quantity and length of single- occupancy-vehicle trips;promoting the use of clean-burning fuels and the proper use of wood stoves and fireplaces; requiring measures to minimize particulate emissions associated with land clearing and construction activities,ensuring that airborne distribution of agricultural chemicals is conducted in a manner consistent with state and federal requirements, and through a variety of other management practices DRAFT 2 6/282000 CL-2-1)POLICY: Manage stormwater runoff through a variety of methods, including retention/detention, discharge and infiltration and Best Management Practices. Stormwater runoff can be a significance source of surface water pollution as well as a major soil erosion factor. Implementing best available management practices minimizes stormwater impacts on critical areas. CL-2-E POLICY: Prevent unmitigated significant adverse impacts to water and other natural resources due to stormwater runoff. Stormwater runoff from built-up urban areas on steep slopes creates sheet erosion, gully erosion, sedimentation, mass wasting on steep slopes, localized flooding of low-lying areas,alters natural drainage features and negatively impact habitat functions. Controlling peak runoff to approximately pre-development levels and the use of other management practices address much of the runoff concern CL-2-F POLICY: The existing hydraulic (flood storage and conveyance) and ecological functions of floodplains shall be protected and,where possible,enhanced or restored. The City regulates development in and protects floodplains thought Pasco Municipal Code Title 24 CL-3 GOAL: RECOGNIZE THE ROLE THAT WETLANDS, FLOODPLAINS, AND OTHER CRITICAL AREAS PLAY IN OUR ECOSYSTEM BY STRICTLY ENFORCING ADOPTED ENVIRONMENTAL REGULATIONS. CL-3-A POLICY: Protect wetlands along the Columbia River and Snake River to enable them to fulfill their natural functions as recipients of floodwaters and as habitat for wildlife. Wetland areas provide essential habitat for a variety of listed and non listed wildlife and fish species. Protecting and retaining wetlands in open space ensures the long-term preservation of the values and natural functions of wetlands for habitat and flood control. JCL-3-C POLICY: Development adjacent to wetlands should be sited to insure wetland Deleted:¶ functions are protected,an adequate buffer around the wetlands is provided, and significant adverse impacts to wetlands are prevented. Development performance standards, incentives and enhancements can be used independently or in combination to protect and enhance wetland functions and values. CL-3-1)POLICY: Ensure mitigation projects contribute to an existing wetland system or restore an area that was historically a wetland. Restoration or enhancement of an existing degraded wetland system is should result in a net improvement to the functions of the wetland system. CL-3-E POLICY: Promote flexibility in wetland mitigation requirements to allow for deleted: protection of systems or corridors of connected wetlands. Large connected wetland systems provide greater resource protection and reduce isolation and fragmentation of wetland habitat. Trading small isolated DRAFT 3 6/282000 wetlands through mitigation that would promote connecting corridors creating more significant wetland areas. CL-3-F POLICY: Protect and enhanced the Columbia and Snake Rivers for their hydraulic and ecological functions,as well as their aesthetic value. The Columbia and Snake Rivers are valuable for numerous ecological and aesthetic reasons. The Rivershore Enhancement Plan is one tool that has been develop to preserve and improve the aesthetic value and habitat dualities of the Deleted:private Pasco shoreline.. CL-4 GOAL: PRESERVE AND ENHANCE NATURAL VEGETATION AND ENCOURAGE THE ADDITION OF DROUGHT-TOLERANT SPECIES TO DEVELOPED AREAS. CL-4-A POLICY: Encourage developers to avoid the unnecessary disturbance of natural vegetation, and to maintain existing native plant communities in development proposals where possible or practical. Removal of natural vegetate soil cover increases the probability of wind and water borne erosion. Retaining natural ground cover were possible eliminates the need for expensive erosion control measures and provides opportunities for the use of native plants species in landscape areas. CL-4-B POLICY: Encourage the use of environmentally safe methods of vegetation and weed control. Indiscriminate use of herbicides and insecticides can result in negative impacts on the natural environment in the form of toxins in the food chain and water ways. Managed application of chemicals and the use of alternate methods of control will reduce the impacts of herbicide and insecticide to habitat and wildlife. CL-4-C POLICY: Promote the use of native plants for erosion control projects, and in the restoration of stream banks,shorelines,and wetlands. Native plant species are specifically adapted to local climatic and environmental conditions. The use of native plants in restoration and other projects ensures the long term success of such projects. CL-5 GOAL: PROMOTE COMMUNITY-WIDE STEWARDSHIP OF THE NATURAL ENVIRONMENT TO PRESERVE ENVIRONMENTAL QUALITY FOR FUTURE GENERATIONS. CL-S-A POLICY: Encourage voluntary wildlife habitat enhancement projects by private individuals and businesses through educational and incentive programs. Participation in voluntary habitat programs increase public awareness for the need and importance of critical and sensitive lands. This awareness leads to greater acceptance of other programs designed to protect the environment. CL-5-B POLICY: Manage ocal water resources (groundwater, river, streams, and wetlands Deleted:its in a manner that supports their continued ecological and hydrologic functions and to protect and enhance their multiple beneficial uses. DRAFT 4 6/282000 Water resources have a variety of beneficial uses to both man and wildlife. These uses include fish and wildlife habitat, aesthetics, recreation, water supply, agricultural and industrial uses. Through the implementation of critical lands regulations a balance is needed between the competing uses. CL-S-C POLICY: Promote the extension of sanitary sewer lines in the unsewered developed Deleted:. q portions of the UGA,consistent with the City's capital facility plan Approximately 1,700 homes in the West Pasco area discharge waste water into the soil via septic systems. Those homes generate over 500,00 gallons of waste water every day. Locating sanitary sewers throughout West Pasco would eliminate concerns over groundwater contamination and would return 182,500,000 gallons of treat water to the Columbia River every year. CL-5-1)POLICY: Promote conservation of water resources. Reducing water consumption through conservation maintains instream flows that are beneficial for salmon movement and other natural functions. To the maximum extent practicable, water conservation measures should be incorporated in new development,including city parks and other civic projects. CL-S-E POLICY: Develop regulations to prevent unmitigated significant adverse impacts on critical areas Xhat are based on the importance of their functions and values Deleted:shalt as well as their sensitivity to human activity. Deleted:ne Natural open areas within a community enhances the quality of life for residents while serving to also protect important ecological features. A balance between human needs and the values and function of critical areas can be achieved through creative development regulations and programs. CL-S-F POLICY: a wire the use of best available science in developing, implementing and Deleted:Encourage applying local policies and regulations for critical areas. Communities planning under the Growth Management Act (RCW 36.70A.172) are require to use the best available science in preparing policies and regulations for the protection of critical areas. The use of science is to ensure that regulations are not based on speculation and surmise. CL-S-G POLICY: Manage designated Shorelines of the State within Pasco and its UGA in a manner consistent with the Pasco Shoreline Master Program. The City of Pasco in cooperation with Franklin County developed a Shoreline Master Program in the mid-1970's. That program has been utilized over the use to manage development along the Columbia and Snake shorelines. CL-5-H POLICY: Periodically review and update zoning and other development regulations ensure reasonable protection of critical areas. As changes occur in technology, science, development patterns, community values, state law, and in other areas the City's development regulations will need to be reviewed and updated. DRAFT 5 6/282000 2 8��0 0-