HomeMy WebLinkAbout05-21-2009 Planning Commission Meeting Packet PLANNING COMMISSION - AGENDA
REGULAR MEETING 7:00 P.M. May 21, 2009
I. CALL TO ORDER:
II. ROLL CALL: Declaration of Quorum
III. APPROVAL OF MINUTES: May 21, 2009
IV. OLD BUSINESS:
A. Special Permit Remand Hearing on Location of an Asphalt Batch Plant
(CPM Development Corporation) (11919 Harris Rd)(MF#
SP06-010)
B. Special Permit Location of a Salvation Army Corps Community Center
(church and related services) in a C-1 & C-3 Zone
(Salvation Army) (1900 Block of W Lewis Street )(MF# SP
09-003
C. Rezone R-2 (Medium Density Residential) to R-3 (Medium Density
Residential) (Chad Bagley) (921 24th Ave.) (MF# Z 09-002)
V. PUBLIC HEARINGS:
A. CDBG American Recovery and Reinvestment Act (ARRA) of 2009
CDBG Formula Allocation (City wide) (MF# CDBG 09-002)
*Second of two required hearings.
B. Preliminary Plat Casa Del Sol Div II (Fastrack) (South of Sandifur Parkway
between Lentz Road and Road 44)(MF# PP 09-001)
C. Preliminary Plat Chapel Hill Div II (MT-1 LLC) (Woodbine Road) (MF# PP
09-002
D. BRAC Plan Wagenaar Reserve Center Base Realignment and Closure
(BRAG) Redevelopment Plan (MF# INFO 08-025)
E. Rezone Rd 76 and Court Annexation Area (MF# Z 090-003)
VI. WORKSHOP:
VII. OTHER BUSINESS:
VIII. ADJOURNMENT:
REGULAR MEETING April 16, 2009
PLANNING COMMISSION MEETING
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Chairman Todd Samuel.
POSITION MEMBERS PRESENT MEMBERS ABSENT
No. 1 Todd Samuel, Chairman
No. 2 James Hay
No. 3 Andy Anderson
No. 4 David Little
No. 5 Joe Cruz
No. 6 Ray Rose
No. 7 Tony Schouviller
No. 8 Jana Kempf
No. 9 Vacant
APPEARANCE OF FAIRNESS:
Chairman Samuel read a statement about the appearance of fairness for
hearings on land use matters. Chairman Samuel asked if any Commission
member had anything to declare. Commissioner Little recused himself from the
Special Permit Application for the location of a Salvation Army Corps
Community Center. Commissioner Schouviller recused himself from the Rezone
Application of 921 N. 241h Avenue.
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 were objections to any
commissioner hearing any matter. There were no objections from the audience.
ADMINISTERING THE OATH:
Chairman Samuel explained that state law requires testimony in quasi-judicial
hearings such as held by the Planning Commission be given under oath or
affirmation. Chairman Samuel swore in all those desiring to speak.
APPROVAL OF MINUTES:
Commissioner Little moved, seconded by Commissioner Anderson, that the
minutes dated March 19 and March 26, 2009 be approved as mailed. The
Motion carried unanimously.
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OLD BUSINESS:
Chairman Samuel asked why the Special Permit Application for Central Pre-Mix
was not on the agenda.
Mr. White, Community 8v Economic Development Director, stated the hearings
on March 19, 2009 and March 26, 2009 were specifically devoted to the Special
Permit Application for Central Pre-Mix. Testimony was very lengthy at both
hearings and part of the discussion was centered on the accompaniment of a
continuous odor response program to the special use permit (Exhibit # 27).
Central Pre-Mix withdrew Exhibit #28 on March 19, 2009 and provided expert
testimony from Ms. Hodgson and Exhibit #31 (Central Pre-Mix's version of a
continuous odor response program) was presented. Exhibit #31 was markedly
different from Exhibit #27 (City's version of a continuous odor response
program). They were both modeled after a combination of Spokane Air Pollution
Control Authority and Department of Ecology permits.
Mr. White further stated the City needed more time to resolve the details of a
continuous odor response program. Also Attorneys from the City and Central
Pre-Mix were not available for the meeting therefore item had to be delayed.
PUBLIC HEARINGS:
A. Special Permit Location of a Salvation Army Corps
Community Center (Church and related
services) in a C-3 Zone (Salvation Army) (1900
Block of W. Lewis Street) (MF# SP 09-003)
Chairman Samuel read the master file number and asked for comments from
staff.
Staff stated that a notice of the hearing was published in the newspaper and
mailed to surrounding property owners within 300 feet of the site. Staff
explained the proposal involved a new facility for the Salvation Army to replace
the two buildings that have existed in downtown Pasco for many years. For the
past several years, the Salvation Army has been looking for a new location to
consolidate services in one functional building. The proposed site for the new
facility is at the southeast corner of 20th Avenue and Lewis Street. The
immediate corner of 20th Avenue and Lewis Street is considered a high impact
corner/property due to the visibility and accessibility from two key arterial
streets.
Staff reviewed surrounding zoning and land uses for the benefit of the Planning
commission.
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It was explained that the proposed facility would include a church/temple, a
chapel/sanctuary, classrooms and offices, a warehouse for food, clothing and
furniture distribution and possibly a small store. Staff also discussed site
layout and parking needs.
Chairman Samuel asked if the Engineering Department had reviewed the
proposal regarding traffic.
Staff stated Engineering made comments on the proposed driveways on Lewis
Street and the location for the sewer connection.
Chairman Samuel opened the public hearing and asked if there was anyone in
the audience that wished to speak on the matter.
David Ellison, Property Manager Salvation Army Northwest Division, 4607
Fenwick Court, Kent, WA stated they provide social services which include a
food bank, counseling services, financial assistance for rent/housing and utility
payments. They also provide after school programs. Mr. Ellison explained the
current facilities are old and do not have the capacity for future development.
The current facilities will be sold once the new facility is up and running.
Mr. Ellison explained fund raising will be key for this project to move forward.
They will need a $1,000,000 to get this project going.
Commissioner Cruz asked if funding was not secure, would they be prepared to
maintain the property.
Mr. Ellison stated yes, they would keep the property mowed and well kept.
Chairman Samuel asked what the construction value would be for the project.
Mr. Ellison stated $3,000,000.
Staff questioned the timeframe needed for this project.
Mr. Ellison stated 3 years would be reasonable, however it is unpredictable at
this time.
Jack McElroy, 140 Ridgeview Drive, Pasco, WA, Chairman Advisory Board for
the Salvation Army stated the Salvation Army helped feed his family in the
1940's. The Salvation Army has served individuals in need since 1865. Mr.
McElroy further stated the Salvation Army has a great reputation in building
attractive facilities throughout the United States and feels this building would be
a benefit to the Pasco community.
Charles Grigg, 1722 W. Octave, Pasco, WA, owner of the property, has resided in
Pasco for 70 years. Mr. Griggs explained over the years he has received
hundreds of offers to split the parcel for building projects. He was in favor of the
Salvation Army building on the site.
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Staff asked for direction from the Planning Commission to address the time
frame for the special permit.
Commissioner Schouviller suggested the special permit be for three years.
Commissioner Cruz suggested the special permit be for four years with a
condition that the property be maintained.
Chairman Samuel called for public comment three times and with no response,
the hearing was closed.
Commissioner Anderson moved seconded by Commissioner Hay to close the
hearing on the proposed Salvation Army Corp Community Center and initiate
deliberations and schedule adoption of findings of fact, conclusions and a
recommendation to the City Council for the May 21, 2009 meeting. The motion
was unanimous approved.
B. Rezone R-2 (Medium Density Residential) to R-3
(Medium Density Residential) (Chad Bagley)
(921 24th Avenue) (MF# Z 09-002)
Chairman Samuel read the master file number and asked for comments from
staff.
Staff stated the applicant was seeking to rezone a 1.19 acre parcel on N 24th
Avenue from R-2 to R-3. Staff reviewed surrounding zoning pointing out the
location of existing multi-family buildings in the neighborhood. It was also
explained that the property in question was annexed to the City in 1977 and has
remained undeveloped as surrounding properties have developed with 4-plexes
and duplexes.
Staff briefly reviewed the balance of the written report for the benefit of the
Planning Commission.
Chairman Samuel asked what the difference was between R-2 and R-3 zoning
since both were medium density residential.
Staff stated the difference is the allowable density. R-2 permits 1 dwelling unit
for every 5,000 sq. ft. of land and R-3 permits 1 dwelling unit for every 3,000
square feet.
Chairman Samuel asked if the property was not rezoned, would the project still
move forward.
Staff stated the applicant's development proposal requires a rezone.
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Chairman Samuel opened the public hearing and asked if there was anyone in
the audience that wished to speak on the matter.
Chad Bagley, 91 Frasier Drive, Pasco stated he purchased the property with the
intent of building six 4-plexes. The property is in need of sewer and water
improvements. To make the project feasible, they would need six 4-plexes versus
four 4-plexes.
Chairman Samuel asked about the timing for the project.
Mr. Bagley stated he would like to start in the summer and would stretch out
over the next year or two. He plans on building 1-2 buildings at a time.
Commissioner Anderson asked about parking needs.
Mr. Bagley stated he intend to provide 2 parking stalls per unit as required.
Mr. Bagley further stated he would fence the property and fully landscape the
property. Mr. Bagley is a landscaping contractor.
Chairman Samuel called for public comment three times and with no response,
the hearing was closed.
Commissioner Kempf moved, seconded by Commissioner Anderson, to close the
hearing on the proposed rezone and initiate deliberations and schedule adoption
of findings of fact, conclusions and a recommendation to the City Council for the
May 21, 2009 meeting. The motion passed unanimously.
C. CDBG American Recovery and Reinvestment Act
(ARRA) of 2009 CDBG Formula Allocation (City
Wide) (MF# CDBG 09-002)
Chairman Samuel read the master file number and asked for comments from
staff.
Staff stated the hearing was the first step in the process of allocating funds from
the American Recovery and Reinvestment Act of 2009. In February 2009, Title
12 of the Act allocated approximately $1 billion for Community Development
Block Grant activities. In March 2009, the City of Pasco received notification
from HUD that the City received an entitlement of $163,082 for block grant
activities. The use of these funds, as with the regular entitlement, requires an
amendment to the 2009 Annual Action Plan because these additional funds are
above and beyond the regular entitlement. HUD expects to release funds around
July 15, 2009. Selected projects need to meet the criteria of being able to award
contracts within 120 days of release of funds. The purpose of the Recovery Act of
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2009 is to jump start the economy by creating and saving jobs and addressing
underfunded challenges. It allocates $1 billion for community block grant
activities that are specifically directed at revitalizing neighborhoods, economic
development activities and improving community facilities and services. In
Pasco, revitalizing neighborhoods and improvement of community facilities are
typically underfunded activities. We currently do not have any economic
development projects ready to move forward. For the entitlement of $163,082,
there were three unsolicited proposals received totaling $349,705.
The 2005-2009 Consolidated Plan was used to evaluate the proposals. The
proposals need to meet the same criteria as for regular entitlement projects.
They were checked for eligibility, whether or not they meet the national objective
of benefitting low-moderate income people, and whether they meet a priority
need within the City of Pasco.
After the City determines how the funds should be allocated, projects funded
would be rolled into the Annual Action Plan by way of a significant amendment.
This planning document encourages public participation and serves as the
application for the formula grant programs. It identifies community needs and
priorities, and develops strategies to meet those needs.
Once HUD makes the decision to the release funds, there will only be four weeks
to submit the plan. It is anticipated that they will shorten the public review
period from 30 days to 12 days to expedite this process.
Chairman Samuel asked what criteria were used to determine how much money
the City of Pasco would receive.
Mrs. Pitman stated it is based on the same formula that was used in
determining the regular entitlement. It uses information such as housing
conditions and poverty conditions within the community.
Chairman Samuel asked if there was anything the City could do to increase the
ability to attract these funds other than we don't want the City to be poor or
homeless to attract these funds.
Mrs. Pitman stated that is the only way and if we are successful over the years
we will receive less.
Chairman Samuel opened the hearing for public comment.
Ron McHenry, Vice-President Boys and Girls Club, 801 N. 18th Avenue, Pasco
represents the Boys and Girls Club of Benton-Franklin Counties who would be a
beneficiary under the ARRA funding. Presented pictures of improvements that
were recently made with funds provided through the CDBG program. They are
requesting funds for improvements to the facility. Tiles in the facility are 56
years old asbestos tiles and need to be replaced, as well as other improvements.
The Captain Gray School is being reverted back to an elementary school. With
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that happening there will be many more elementary school aged children that
will need services from the Boys and Girls Club.
Chairman Samuel asked about the reduction of $18,600 to provide flooring and
whether or not the room would still be usable without the funds.
Mr. McHenry stated there are ways they can compromise to make the space
usable. Lowe's Store helps to provide maintenance needs; other outside
agencies are also involved in donating supplies, etc.
Commissioner Rose asked if the Boys and Girls Club received monies from
United Way and if so, how is it designated.
Mr. McHenry stated they do not receive any monies from United Way. People can
designate gifts through the United Way to the organization, but need to be
specific when donating. Last year they received $12,873 from United Way
designations which goes into a budget of$1.84 million.
Chairman Samuel opened the public hearing, after three calls and no response
the hearing was closed.
OTHER BUSINESS:
Mr. White stated the City is diligently pursuing funding for the Lewis Street
overpass. A local engineering firm will be leading this process and designing the
overpass. Two Planning Commissioners are needed to assist on the committee.
Commissioner Hay and Commissioner Cruz volunteered to serve on the
committee.
With no further business, the Planning Commission was adjourned at 8:23 pm.
David McDonald, Secretary
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REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP 09-003 APPLICANT: Salvation Army
HEARING DATE: 4-16-09 P.O. Box 9219
ACTION DATE: 5-21-09 Seattle, WA 98109
BACKGROUND
REQUEST: SPECIAL PERMIT: Location of a Salvation Army Corp
Community Building in a C-1 and C-3
Zone
1. PROPERTY DESCRIPTION:
Legal: A portion of Tracts B and D, Replat of Columbia River
Addition and a portion of Lot 1, short Plat 77-32
General Location: 1900 Block of West Lewis Street
Property Size: Approximately 4.5 acres
2. ACCESS: The site has access from Lewis Street and 201h Avenue
3. UTILITIES: Municipal water is available in Lewis Street and 20th
Avenue. The nearest available sewer line to the site is at the corner of
20th Avenue and West "A" Street.
4. LAND USE AND ZONING: The property is currently zoned C-1 (Retail
Business) and C-3 (General Business) and is vacant. The zoning and
land uses of the surrounding properties are as follows:
North: C-1/ motel and offices
South: C-3/vacant land and heavy commercial uses
West: 1-1/vacant land, the Crazy Moose Lodge & Mayflower Moving
East: C-1 & C-3 Offices
S. COMPREHENSIVE PLAN: The site is designated in the comprehensive
plan for future commercial uses. The plan does not specifically address
churches, but elements of the plan encourage the promotion of orderly
development including the development of zoning standards for off-street
parking and other development standards.
6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a
Determination of Non-Significance (DNS) in accordance with review
under the State Environmental Policy Act (SEPA), Chapter 43.21 (c)
(RCW).
1
ANALYSIS
The application involves the development of a portion of the vacant land located
at the southeast corner of West Lewis Street and 20th Avenue for a Salvation
Army Corp Community facility. The Corp Community facility will be a 22,000
square foot multi-purpose building used to provide church services, youth
services and social services to the community. The church (called a Temple by
the Salvation Army) portion of the building will contain classrooms, offices, and
a worship area with seating for up to 300 people. The social service functions
will occur on the south end of the building and will consist of a food bank, a
clothing and furniture distribution area, a storage area, a retail sales area and
a counseling area. Various portions of the building will be used to provide
homework assistance, computer technology assistance and recreational
opportunities for young people.
The Salvation Army is currently providing services from two separate buildings
in the downtown area and would like to consolidate their services in one
functional building meeting all current building code.
Churches are often approved for locations in residential areas. The Salvation
Army proposal stretches beyond the functions typically found in churches and
therefore would not be appropriate in a residential location. Churches typically
do not have warehouses for food, clothing and furniture distribution.
Warehousing, distribution and retail sales (such as thrift stores) all require
commercial zoning. The northerly 200 feet of the proposed site is zoned C-1
and balance is zoned C-3. The social service aspects of the proposed facility will
be located on the south end of building (in the C-3 area) while the church,
office and classroom portion of the building will be located along Lewis Street in
the C-1 area of the property.
The proposed location of the Corp Community Center leaves the corner of 20th
Avenue and Lewis Street undeveloped and available for future commercial
retail of office type uses.
The churches and community service facilities (food banks and facilities
providing social, health and welfare services) are unclassified uses within the
Pasco zoning regulations. Such uses are only permitted in the community after
review through the special permit process, hence the need for this special
permit review.
The proposed development plan includes a parking lot with approximately 90
parking spaces. Parking for churches is based upon the seating capacity in the
main worship area of a church. The worship portion of the proposed building
will require 60 parking spaces. The warehouse portion of the building will
require 14 parking spaces.
2
One of the potential problems with locating a church in a commercial area is
the fact that some commercial establishments such as restaurants often sell or
serve liquor. This issue is typically addressed by placing a condition on the
special permit approval limiting the church's ability to object to a liquor
license.
FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report.
The Planning Commission may add additional findings to this listing as the
result of factual testimony and evidence submitted during the open record
hearing.
1. Churches and Community Service facilities are unclassified uses and
require review through the special permit process prior to locating or
expanding in any zoning district.
2. The proposed church/Community Service facility site is zoned C-1 and
C-3.
3. The C-3 zone permits heavy machinery sales and service, lumber yards,
mobile home sales and other outdoor business activities.
4. The proposed site is located in the 1900 block of west Lewis Street.
5. The site is vacant and has been since the development of surrounding
streets more than 50 years ago.
6. The proposed Salvation Army development plan leaves 1.5 acres, on the
corner of 20th Avenue and Lewis Street, available for future commercial
development.
7. Heavy commercial development in the form of warehouse buildings is
located to the south and west of the proposed Corp Community facility.
8. The warehousing/storage and social service function in the proposed
building will be located in the southern 1/3 of the building.
9. The site is located on two arterial streets.
10. The proposal will consolidate all Salvation Army services into one
building; whereas services now are currently being provided from two
buildings.
11. The proposed building will require at least 74 parking spaces.
12. The site development plan provides for 90 parking spaces.
3
CONCLUSIONS BASED ON THE FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must develop findings of fact from which to draw its conclusion
based upon the criteria listed in P.M.C. 25.86.060 and determine whether or
not:
(1) Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
The plan does not specifically address churches, but elements of the plan
encourage the promotion of orderly development including the development of
zoning standards for off-street parking and other development standards.
(2) Will the proposed use adversely affect public infrastructure?
The property in question is zoned for commercial development. Most
commercial activities will impact traffic to a greater extent than a church or
community center. The proposed facility will create less of a demand on water
and sewer service than permitted uses within the district and the proposed
facility will generate less traffic on a daily basis than many permitted uses.
(3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
The character of the existing and intended neighborhood includes various
commercial buildings and parking lots. The proposed facility will be similar in
size and height to many of the commercial warehouses in the area. The
proposed facility will be built to meet all applicable building codes and will be
landscaped to meet or exceed landscaping on adjoining properties.
(4) Will the location and height of proposed structures and the site design
discourage the development of permitted uses on property in the general
vicinity or impair the value thereof
The proposed facility will be located more than 300 feet east of 201h Avenue
leaving the highly visible corner available for future commercial development.
The proposed building height will be similar in height to the motel located to
the north and consistent with the height permitted within the C-1 and C-3
zoning districts.
(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?
4
The church and community service facility will generate less dust, vibrations,
flashing lights and fumes than many of the uses permitted in the district.
Heavy machinery sales and service and lumber yards are permitted within the
district and would create more noise, fumes, vibrations, dust and traffic than
the proposed use.
(6) Will the proposed use endanger the public health or safety if located and
developed where proposed, or in anyway will become a nuisance to uses
permitted in the district?
The proposed facility, if approved, will be constructed to meet all applicable
building and site code requirements. These requirements are designed to
address the concerns of public health and safety. The proposed facility will
have its highest activity on Sunday's when most neighboring businesses are
closed.
RECOMMENDATION
MOTION: I move the Planning Commission adopt the Findings of Fact as
contained in the May 21, 2009 staff report.
MOTION: I move, based on the findings of fact as adopted, the Planning
Commission recommend the City Council grant a Special Permit to
The Salvation Army for the location of a Corp Community Center in
the 1900 Block of West Lewis Street, with conditions as contained
in the May 21, 2009 staff report:
APPROVAL CONDITIONS
1) The special permit shall be personal to the applicant;
2) The property shall be developed in substantial conformance with
the site plan submitted, except as revised herein;
3) All unused existing driveway entrances on Lewis Street and/or
20th Avenue must be removed and the curbing restored to its
proper height;
4) Sewer service to the site must come from the main at the
intersection of 20th Avenue and West "A" Street. The applicant
shall be responsible for extending the sewer main north in 20th
Avenue consistent with City standards;
5) The applicant shall not object to the transfer, renewal or issuance
of a liquor license for an existing or new establishment within
1,000 feet of the property;
5
6) The special permit shall be null and void if a City of Pasco building
permit is not obtained by June 30, 2012.
6
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REPORT TO PLANNING COMMISSION
MASTER FILE NO: Z09-002 APPLICANT: Chad D. Bagley
HEARING DATE: 4/16/2009 91 Frasier Drive
ACTION DATE: 5/21/2009 Pasco, WA 99301
BACKGROUND
REQUEST: REZONE: Rezone from R-2 to R-3 (921 N 24th Avenue)
1. PROPERTY DESCRIPTION:
Legal: SW 1/4 of the NW 1/4 of the SE 1/4 of the NE 1/4 of Sec 25, T9N,
R29E WM Excluding the S 165 ft.
General Location: 921 North 241h Avenue
Property 1.19 Acres
2. ACCESS: The property has access from North 24th Avenue.
3. UTILITIES: All municipal utilities are available at the site.
4. LAND USE AND ZONING: The site is currently zoned R-2 (Medium
Density Residential) and contains a 784 square foot single-family home.
Surrounding properties are zoned and developed as follows:
East: R-2/Duplexes
West: R-2/Single-family
South: C-1/Rowena-Chess Elementary School playground.
North: R-2 and R-3 (Medium Density Residential) single-family
homes and a two story duplex.
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area
for mixed (density) residential uses. This designation encourages the
development of 5-20 dwelling units per acre. The criteria for allocation in
the Comprehensive Plan Section 3.15 (Volume 11, page 38) encourages
residential development of lands when sewer is available and where the
land is suitable for dwelling sites. Plan Goal H-2 suggests the City
should strive to maintain a variety of housing options for the residents of
the community.
6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a
Mitigated Determination of Non-Significance in accordance with review
under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW.
ANALYSIS
The applicant is seeking a rezone for the property in question from the current
R-2 zoning to R-3 zoning. The applicant proposes to develop the site in a
similar fashion to the surround multi-family properties by cleaning the land,
extending sewer service into the site and completing any required right-of-way
improvements.
The property was annexed into the City in 1977 and has essentially remained
undeveloped while surrounding properties have developed with duplexes and
four-plexes. Since annexation, the properties to the north along Henry Street
have developed with four-plexes and the Dani's Addition to the south and west
of Rowena Chess Elementary School has developed with four-plexes. Other
multi-family and single-family dwellings have been constructed in the
neighborhood since 1977. More recently, property located 375 feet to the east
on 2nd Avenue has been developed with an apartment complex owned by the
Catholic Family Housing Services of Spokane. This 34 unit complex was
constructed in 2006. The Pasco Housing Authority also maintains a small
complex of duplexes on 1.5 acres directly east of the proposed rezone site.
The site benefits from being conveniently located to nearby shopping and
employment areas as well as the Ben Franklin Transit transfer station on 22nd
Avenue. The Rowena Chess Elementary School is located directly to the south
of the site.
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:
• Since 1977 when the site was annexed nearby properties have
been zoned R-3 and developed with multi-family dwellings.
• The Pasco/Franklin County Housing Authority maintains and
operates a complex of duplexes directly east of the proposed rezone
site.
• The Ben Franklin Transit Authority constructed a transit transfer
center on 22nd Avenue approximately 15 years ago.
• A number of retail facilities and restaurants have been built on
Court Street and 20th Avenue since the property was annexed.
• The Rowena Chess School was built directly south of the site in
2003.
• Water and sewer utilities have been installed in 241h Avenue and
surrounding streets since the property was annexed.
2. Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
2
The rezone will enhance development opportunities which may lead to
the property being utilized for a productive purpose. Development of the
property will eliminate a substandard housing unit and the unkempt
condition of the property. Developed properties contribute more fully
(through taxes, fees and licenses) to the funding of municipal services
thereby promoting the general welfare.
3. The effect it will have on the nature and value of adjoining property and
the Comprehensive Plan:
The proposed rezone is supported by the Comprehensive Plan and would
be considered a proper implementation of the plan. Rezoning the
property would provide the opportunity for additional housing located
near shopping and employment centers as-well-as near Transit routes.
4. The effect on the property owners if the request is not granted:
The property is currently developed with a small substandard single
family home. Razing the house and rebuilding one single-family dwelling
is not cost effective. Without the ability to develop the property in a
similar manner as nearby properties, it will be difficult to cover the costs
of water and sewer improvements.
S. The Comprehensive Plan land use designation for the property:
The Comprehensive Plan designates the site for mixed residential
development. The proposed rezone is for R-3 (Medium Density
Residential) which is 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 findings to this listing as the result of
factual testimony and evidence submitted during the open record hearing.
1) The site is zoned R-2 (Medium Density Residential).
2) The Comprehensive Plan designates the site for mixed residential uses.
3) Mixed residential land uses include densities from 5 to 20 dwelling units
per acre.
4) Nearby properties have been zoned R-3 and developed with multi-family
dwellings since the site was annexed in 1977.
5) In 2006, a 34 unit housing complex was constructed east of the proposed
rezone site on 22nd Avenue.
3
6) The site is conveniently located near shopping areas, employment areas,
and transit routes.
7) Water and sewer utilities are located in 24th Avenue.
8) The site contains a substandard dwelling that is in need of substantial
repair and connection to utilities; or demolition.
CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the Planning Commission
must develop its conclusions from the findings of fact based upon the criteria
listed in P.M.C. 25.88.060 and determine whether or not:
(1) The proposal is in accordance with the goals and policies of the
Comprehensive Plan.
The proposal supports the goals and policies of the Comprehensive Plan as
discussed in Section 5 above.
(2) The effect of the proposal on the immediate vicinity will not be materially
detrimental.
According to records Franklin County Assessor records, property values in the
neighborhood for both single-family and multi family units have increased over
the last 5 years. The proposal will involve the removal of a substandard
dwelling from the neighborhood and the redevelopment of the property
consistent with development on surrounding properties thereby improving
conditions in the neighborhood.
(3) There is merit and value in the proposal for the community as a whole.
Enabling the property to redevelop will eliminate the unsightly conditions that
currently exist as the result of the property being poorly maintained. Cleaning
up a mostly vacant property and removing a substandard dwelling has merit
and value for the community because it will have a positive impact on the
neighborhood and will provide additional housing opportunities for Pasco
residents. The proposal also has merit because it will allow infill development to
occur consistent with the direction provided in the comprehensive Plan.
(4) Conditions should be imposed in order to mitigate any significant adverse
impacts from the proposal.
The proposal will eliminate the negative impacts the property currently creates
for the neighborhood.
(5) A concomitant agreement should be entered into between the City and the
petitioner, and if so, the terms and conditions of such an agreement.
4
A concomitant agreement is not needed.
RECOMMENDATION
MOTION: I move to close the hearing on the proposed rezone and
initiate deliberations and schedule adoption of findings of fact,
conclusions and a recommendation to the City Council for the May 21,
2009 meeting.
5
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REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP 06-010(REMAND) APPLICANT: CPM Development Corp
HEARING DATE: 3/15/09 dba Central Premix
ACTION DATE: 11919 Harris Road
Pasco, WA 99301
BACKGROUND
1. INTRODUCTION
REQUEST: SPECIAL PERMIT: Location of a Hot Mix Asphalt (HMA)
Plant.
This matter comes before the Planning Commission following
action of the City Council. The Council was responding to a
Franklin County Superior Court order on CPM's appeal from the
Planning Commission's and Council's decision on an earlier CPM
application. The Court order reversed, in part, and vacated the
City Council's decision. The Court did not grant the relief
requested by CPM to mandate the issuance of a permit for an HMA
plant. Rather, the Court remanded the matter to City Council for
further proceedings on the Application. Because of new
information, the Council sent the matter back to staff and for
Planning Commission review.
The Planning Commission's considerations are limited to the
"additional information relating to a "state-of-the-art" HMA plant
and related mitigation." That additional information relates to:
a. Plant design and odor control,
b. Plant design and noise,
c. Height of plant and related mitigation (e.g., landscape berm),
d. Odor response program.
2. PROPERTY DESCRIPTION:
Legal: The west 1/2 of Section 7, Township 9 North, Range 29
EWM, lying north and west of the northerly right-of-way of Harris
Road, the east 1/2 of the southeast 1/4 of Section 12, Township 9,
Range 28 EWM, lying north of the northerly right-of-way of Harris
Road and Government Lots 3, 4 and 5 lying north and east of the
northeasterly right-of-way line of Harris Road; Except the east
1225 feet of the south 480 feet of Government Lot 5 and; Except
any portion lying within 200 feet of the ordinary high water line of
the Columbia River.
General Location: 11919 Harris Road, Pasco, Washington.
Property Size: Approximately 445 acres
3. ACCESS: Access is provided from Harris Road to the project site.
4. UTILITIES: Municipal water and sewer are not available on the
site. City water is located in Harris Road east of the proposed
asphalt plant site, and sewer utilities are located approximately
300 feet to the south and west of the plant site.
5. LAND USE AND ZONING: The Comprehensive Plan land use
designation for the site is Mixed Residential/Commercial, as for
the lands immediately to the east and west. The Comprehensive
Plan designation for lands immediately south of the site is Low
Density Residential. The site is now zoned as Residential
Transition (RT). Property located directly southwest of the proposed
plant site is designated as "RS-20".
6. COMPREHENSIVE PLAN: The Comprehensive Plan also
designates this area as a "Resource Lands Area".
7. ENVIRONMENTAL DETERMINATION: The original environmental
determination was a "Determination of Significance" (DS) which
was issued in November of 2004. Ultimately five areas were
addressed in the Draft EIS (DEIS) as those which were likely to
have a significant adverse impact on the environment. These five
areas were:
a. Odors
b. Noise
c. Truck and vehicular traffic
d. Potential groundwater contamination.
e. Potential impact of fire and explosion.
The DEIS was issued in January of 2006; and concluded that with
the mitigation measures proposed there were no unavoidable
significant adverse impacts resulting from the proposed HMA
plant. The Final Environmental Impact Statement (FEIS) was
2
issued in May of 2006. The evaluation of alternatives and impacts
did not change substantially from the DEIS. Additional noise
mitigation measures were identified by the project proponent and
additional analysis showed that the cumulative impact of the
additional noise was unlikely to be discernable to the nearest
neighbor to the facility. The FEIS concluded that there were no
unavoidable probable significant adverse environment impacts
resulting from the proposed action.
In January of 2009, Central Pre-Mix (CPM) contracted with Robert
Thorpe and Associates, to provide a FEIS Addendum. The
Addendum to the FEIS was requested by the City as the means for
CPM to address new information and review further mitigation
measures consistent with the Court remand of the special use
permit application to the City of Pasco.
8. SPECIAL PERMIT REVIEW CRITERIA: Consistent with PMC
25.86.060, upon conclusion of the hearing, the Planning
Commission shall make and enter findings from the record and
conclusions thereof as to whether or not:
a. The proposal is in accordance with the goals, policies,
objectives, maps and/or narrative text of the Comprehensive
Plan;
b. The proposal will adversely affect public infrastructure;
c. The proposal will be constructed, maintained and operated
to be in harmony with the existing or intended character of
the general vicinity;
d. The location and height of proposed structures and the site
design will discourage the development of permitted uses on
property in the general vicinity or impair the value thereof;
e. The operations in connections with the proposal will be more
objectionable to nearby properties by reason of noise, fumes,
vibrations, dust, traffic, or flashing lights than would be the
operation of any permitted uses within the district; and
f. The proposal will 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.
9. DISCUSSION
The CPM Pasco site has been used for sand and gravel excavation and
processing since the 1950's when the land was in unincorporated
Franklin County. It was annexed to the City of Pasco in 1982. CPM
currently operates under special land use permits issued by the City,
most recently in 1995, which allow sand and gravel extraction and
3
processing, concrete batch plants, equipment storage, office and shops
and related activities associated with these main activities on the site. In
August of 2004 CPM proposed to move its current HMA operation from
their Richland location to the gravel and concrete site adjacent to Harris
Road in Pasco. In November of 2004, CPM submitted an amended
application with additional information requested by the City of Pasco.
Also in November of 2004, the City's SEPA responsible official issued a
DS requiring preparation of an EIS for the proposed HMA plant
relocation. The FEIS was issued in May of 2006 and was not appealed.
The FEIS also concluded that there were no unavoidable and probable
significant adverse environmental impacts resulting from the proposed
action.
The Pasco Planning Commission conducted open record hearings on the
special use permit application on two different meeting dates in August
2006. In September of 2006, the Planning Commission conducted
deliberations to determine the recommendation to City Council on CPM's
permit request. The Planning Commission accepted staff's
recommendation of denial of the permit and adopted staff's findings and
conclusions. The Planning Commission recommended to City Council
that the special permit application be denied. This recommendation was
in turn appealed to the City Council. City Council conducted a closed
record hearing in January of 2007, at which time Council concurred with
the Planning Commission's recommendations and denied the special use
permit sought by CPM.
CPM appealed the City Council decision to Franklin County Superior
Court under the Land Use Petition Act (RCW 36.70c). The Court granted
CPM's appeal in part and vacated Council's decision. Superior Court did
not grant the relief requested by CPM (a mandate to issue the special
permit for the HMA plant). The Court instead remanded the matter to the
City for further proceedings.
In October of 2008, the Pasco City Council approved Resolution No. 3109
which provided for a remand of MF# SP 06-010 with the specifications
that it be directed to the Planning Commission to "consider additional
information relating to a "state of the art HMA"plant and related mitigation
of impacts associated with such a plant...." Consistent with the remand
from Superior Court, staff contacted CPM for additional information
regarding a "state-of-the-art" HMA plant, to be submitted through an
addendum to the final EIS. The additional information that was to be
submitted in the Addendum is:
4
I. A description of the plant design that has the effect of minimizing
odors and/or a description of the odor control process that will be
initiated by CPM;
2. A description of the noise levels produced by the plant while in full
operation (expressed in decibel levels) at representative distances
from the plant;
3. The height of the plant after full assembly including the height of
the silos;
4. The height and design of the berm proposed for enclosing the
plant; and
5. A description of the continuous odor response program and/or the
complaint resolution process.
The FEIS Addendum was issued on February 13, 2009. The FEIS
Addendum was used in this process because of new information -
specifically the proposed use by CPM of a new GENCOR plant rather
than the move the existing Richland HMA plant to the Pasco site. The
revised (or new) HMA plant design was identified in the Addendum to not
result in additional probable significant adverse environmental impacts
beyond those that were already analyzed in the original FEIS.
Consistent with the hearing process employed by the City of Pasco for
special land use permits and with the decision of the Franklin County
Superior Court, the matter has been remanded to the Planning
Commission for reconsideration, including consideration of the new
material and mitigation measures contained in the FEIS Addendum.
10. ADDITIONAL/NEW INFORMATION FOR CONSIDERATION
The original proposal from CPM was to move the existing HMA plant from
the Richland site to the Pasco site. Instead, CPM has requested to install
and operate a new HMA plant at the Pasco site. The new HMA plant
proposed for installation is a GENCOR Model 400 Ultra plant (equivalent
or better plant). The GENCOR plant proposed for location at the Pasco
site is a "counter flow design drum mix plant." In lay terms, this means
that the burner flame heats sand and gravel to remove moisture and the
heated aggregate is transported to a location behind the burner. Liquid
asphalt is then mixed with the heated aggregate. The liquid asphalt does
not come in contact with the burner flame. The plant is designed to
provide enclosure of the mixing and movement processes so that
5
emission of vapors is minimized. Combustion noise is shielded in a more
technologically advanced manner than the existing Richland HMA plant,
and vapors and fumes are collected through a design which reintroduces
them into the combustion chamber as fuel.
The FEIS Addendum also contains information on noise levels associated
with the new HMA plant. The original environmental noise analysis
which was performed in August of 2005 used the Richland plant as the
base for analysis. That analysis has been updated with sound level
information applicable to the GENCOR HMA plant. Consistent with the
original FEIS, the asphalt burners were orientated to the north in the
noise models. The new analysis showed a 1-dba increase in total facility
noise (including accessory equipment) for the receptors identified as R4
and R5 in the FEIS Addendum. The modeling based on the GENCOR
400 indicates that the plant meets Pasco Municipal Code day/night
maximum levels without additional noise attenuation.
The original FEIS prepared for the relocation of the Richland plant
specified that the height of the plant would be 54 feet at full installation.
The FEIS Addendum indicates that the newly proposed GENCOR plant
(particularly the silos) would have a height of 65 feet which places the
new plant at a total height of 415 feet above sea level.
The FEIS Addendum contained a description of the landscape berm that
was committed to by CPM as a mitigation measure in the original EIS.
The FEIS Addendum describes the berm as approximately 30 feet wide at
the base with an average height of 15 feet and side slopes of 1:1. The
berm has been supplemented through a planting of a rye grass mixture
and with evergreen and deciduous trees that will be located between the
berm and Harris Road. The evergreen trees are shown as planted on 20'
centers interspersed with a juniper species on 8' centers and deciduous
trees at 12' centers. The evergreen species (Austrian Black Pine) has an
expected height at maturity of 50', occurring at a growth rate of 1'-2' feet
per year. The deciduous trees (Purple Leaf Plum) have an expected
height at maturity of 25' occurring at a growth rate of approximately 2'
feet per year. The berm is proposed to be located from the existing truck
entrance on the west to a point approximately 500 feet east of the
proposed HMA access road.
The FEIS Addendum describes the continuous odor response program
(CORP) proposed by CPM for the Pasco site. The (CORP) is a process that
6
establishes a hierarchy of complaint reporting and a procedure for
internal investigation of such complaints. The CORP does not involve an
outside agency. This CORP is not intended to replace Department of
Ecology (DOE) regulation of air quality or imposition of conditions by
DOE for any plant operations, or City permit compliance and
enforcement efforts. This Staff Report contains a draft revision of the
CORP. The draft will be further refined.
Exhibit List
1. Aerial Photo of site
2. Vicinity map with zoning designations
3. 1994 Special Use Permit
4. 1995 Special Use Permit
5. 2004 Special Use Permit Application
6. FEIS
7. September 2006 staff report to Planning Commission
8. Transcripts from August and September 2006 Planning
Commission meetings
9. Superior Court remand order and transcript
10. October 2008 City Council agenda report and Resolution #3109
11. Auburn Plant site visit summary September 2008
12. FEIS Addendum
13. 3/9/09 Armij o letter
14. 3/2/09 Bates letter
15. 2/27/09 Roach letter
16. 2/27/09 Castleberry letter
17. 2/27/09 Korenko letter
18. 2/27/09 HBA letter
19. 2/27/09 Pinard letter
20. 2/23/09 Fewel letter
21. 2/21/09 Burgess letter
22. 2/22/09 Piwetz letter
23. 2/20/09 Horrigan Farms/Gallant letter
24. 2/19/09 Pinard letter
25. 2/19/09 Link letter
26. 2/17/09 Dawson letter
27. 3/12/09 Draft Continuous Odor Response Program
28. 3/12/09 Revised Draft of the Continuous Odor Response Program
(CPM)
STAFF RECOMMENDATION
Staff recommends that the Planning Commission direct Staff to prepare
Findings and Conclusions in support of approval of the CPM request;
and further direct Staff to prepare conditions for assignment to the
7
Special Use permit for appropriate mitigation of impacts for consideration
by the Planning Commission at a special meeting on March 26th, 2009. A
preliminary list of conditions and mitigating measures, follows;
8
PROPOSED MITIGATION
1. Installation of a GENCOR model 400 Ultra Plant model year 2008
or newer (or equivalent or better plant ("Plant").
2. Retrofit the new asphalt oil tanks with an odor control device as
described in February 19, 2009 letter from Laurie Pinard -
specifically a 6 foot fiber bed or better as approved by the
Department of Ecology.
3. Implement a continuous odor response program (CORP). This
program shall contain a component that requires notification to
the Pasco Community 8v Economic Development Department of all
complaints received within 1 hour of their receipt.
4. The entire HMA Plant footprint and working area shall be paved to
limit potential for potential groundwater contamination. The access
road to the Plant from Harris Road will be paved to allow
simultaneous truck ingress/egress to the property and Plant.
5. Establish a separate ingress/egress road for HMA operations at the
location indicated in the FEIS and FEIS Addendum.
6. New diesel fuel tanks shall be double walled or secondarily
contained to prevent potential groundwater contamination.
7. Follow best management practices for sand and gravel general
permits for the site.
8. Modify the existing storm water pollution prevention plan, erosion
and sediment control plan and spill response plan to accommodate
the HMA plant in conformance with accepted industry standards
and applicable local and State law and regulation.
9. Configure the plant so the burner points north or away from Harris
Road.
10. The new Plant will be required to meet City of Pasco noise
standards for all day and night applications.
11. Periodic maintenance, including but not limited to water of interior
roads, for the HMA access road and plant area must occur so that
there is no fugitive dust caused by HMA operations.
12. Following all Plant permitting, and at such time as the City and
/or private party determines to construct the west portion of the
intersection of realigned Harris Road at Road 100/Sandifur
Parkway, pay or contribute $250,000 for the cost of and
improvements to the Harris Road realignment and intersection
improvements.
13. Provide secondary containment facilities meeting accepted industry
standards for asphalt oil tanks in the event of a spill.
14. Provide industry accepted training of personnel and safe
operational practices for maintenance and repairs.
15. Maintain a "no vegetation" buffer around the HMA Plant.
16. Use shielded site lighting per Pasco Municipal Code 12.32 so that
light spillage does not occur off site. Submit cut sheets for lighting
proposed to the City for approval prior to installation.
17. Install the view obscuring landscaped berm as identified and
designed in the FEIS Addendum, including landscaping and
supporting irrigation system. Maintain the landscaping in a
healthy weed/debris free condition allowing trees/shrubs to reach
an expected mature height.
18. Comply with applicable local and State regulations.
MOTION: I move to close the hearing on the Remand of SP 06-010 and
initiate deliberations and schedule adoption of findings of fact,
conclusions and a recommendation to the City Council.
10
• Item: Special Permit - Asphalt Batch Plan
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REPORT TO PLANNING COMMISSION
MASTER FILE NO: PP 09-001 APPLICANT: Fastrack, Inc.
HEARING DATE: 5/21/09 3515 Hovley Lane
ACTION DATE: 6/18/09 Pasco, WA 99301
BACKGROUND
REQUEST: PRELIMINARY PLAT: Planned Density Preliminary Plat - Casa
Del Sol Division II (124-Lots)
1. PROPERTY DESCRIPTION:
Legal: The southwest quarter of Section 11, Township 9 North, Range 29
East, W.M., City of Pasco, Franklin County, Washington, excepting
therefrom any portion lying south of the northerly lines of Casa Del Sol
Phase 3, as filed in Volume D of Plats, Page 302, and Casa Del Sol Phase
6, as filed in Volume D of Plats, Page 288, Franklin County, Washington.
General Location: South of Sandifur Parkway between Road 44 and
Road 52
Property Size: 44.6 Acres
Number of Lots Proposed: 124 single-family lots
Square Footage range of Lots: 7,934 sq. ft. to 20,996 sq. ft.
Average Lot Square Footage: 10,379 sq. ft.
2. ACCESS: The property has access from Sandifur Parkway, Road 52 and
Road 44.
3. UTILITIES: All municipal utilities are available to the site from the Casa
Del Sol development to the south.
4. LAND USE AND ZONING: The site is zoned R-S-1 (Suburban) and has
been partially graded in preparation for development. Zoning and land
uses of the surrounding properties are as follows:
NORTH- R-S-1 farm circle/Northwest Commons subdivision
SOUTH- R-S-1 Casa Del Sol subdivision
EAST- R-S-1/PUD farm circle
WEST- R-1 Village of Pasco Heights subdivision (vacant & platted)
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is
intended for low density residential development. The Plan further
I
indicates low density residential development means 2 to 5 dwelling
units per acre. The criteria for allocation under the future land use
section of Volume II of the Comprehensive Plan (Vol. II, page 17)
encourages development of lands designated for residential uses when or
where; sewer is available, land is suitable for home sites, and when there
is a market demand. Policy H-1-E encourages the advancement of home
ownership and Goal H-2 suggests the City strive to maintain a variety of
housing options for residents of the community. Goal LU-2 encourages
the maintenance of established neighborhoods and the creation of new
neighborhoods that are safe and enjoyable places to live.
6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a
Determination of Non-Significance (DNS) in accordance with review
under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW.
ANALYSIS
The property in question was rezoned and granted preliminary plat approval for
single-family development in 2002. In the last five years the developer has
completed construction on the south half of the development. While some of
the engineering work has been completed for the north half, the infrastructure
improvements have not been completed.
The applicant has applied for a preliminary plat approval along with a Planned
Density Development designation. The original preliminary plat for the property
was approved with a Planned Density Development designation. The purpose of
the Planned Density Development designation process is to provide a degree of
flexibility for the layout of subdivisions and to encourage variety in housing
developments. The regulations do not permit the average overall density to
exceed that of the underlying zone. In this case the underlying zoning would
permit 145 single-family lots. The application is seeking approval for 124 lots.
The average lot size will be 10,379 square feet.
The proposal is essentially a continuation of the previously approved
development with four fewer lots than previously approved.
LOT LAYOUT: The proposed plat contains 124 lots with an average lots size
meeting the R-S-1 zoning requirements.
RIGHTS-OF-WAY: All lots have frontage on streets that will be dedicated for
public use.
UTILITIES: The developer will be responsible for extending the water lines,
sewer lines and other utilities into the plat. A utility easement will be needed
along the first 10-15 feet of all lots. The final location and width of the
easements will be determined during the engineering design phase. The front
2
yard setbacks for construction purposes are larger than the requested
easements; therefore the front yard easements will not encroach upon the
buildable portions of the lots.
The City Engineer will determine the specific placement of fire hydrants and
streetlights when construction plans are submitted. As a general rule, fire
hydrants are located at street intersections and at a maximum of 600-foot
intervals and streetlights are located at street intersections and at 300-foot
intervals on residential streets.
STREET NAMES: The proposed street names match the names of streets in
the developed portions of Casa Del Sol. A few of the proposed street names
have already been used in surrounding developments. The names will need to
be changed prior to final plat approval.
IRRIGATION: The Municipal Code requires the installation of irrigation lines
as a part of infrastructure improvements.
WATER RIGHTS: The assignment of water rights is a requirement for
subdivision approval. If no water rights are available to transfer to the City the
property owner/developer must pay a water-right fee of $1,500 per acre in lieu
thereof. The Public Works Director may waive the fee if the developer mixes a
soil additive in the ground that provides 30% retention of irrigation water. In
this case the developer previously provided the City with water rights and
irrigation well.
FINDINGS OF FACT
State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning
Commission to develop Findings of Fact as to how this proposed subdivision
will protect and enhance the health, safety and general welfare of the
community. The following is a listing of proposed "Findings of Fact":
Prevent Overcrowding: With an average lot size of 10,379 square feet the
proposed development will address the overcrowding concern by providing
manageable lots and usable open spaces. R-S-1 zoning requires a 20 foot front
yard set back and no more than 40 percent lot coverage providing for open
space on the lots.
3
Parks, Open Space and Schools: The Casa Del Sol development previously
provided 5 acres for a neighborhood park. The park is located on Laredo Drive
half a block south of Casa Del Sol Division II. An elementary school site has
been purchased at the northwest corner of Road 60 and Sandifur Parkway. The
eight acre site is now owned by the School District. The School District has
also purchased a 40 acre parcel at Road 52 and Power Line Road for a future
middle school.
Effective Land Use/Orderly Development: The plat is laid out to effectively
utilize the site consistent with surrounding residential development. The site is
within the Pasco Urban Growth Boundary and designated for residential
development in the Comprehensive Plan. The site is currently zoned for single-
family residential development.
Safe Travel & Walking Conditions: The plat provides connections to the
community by way of local access streets. Sidewalks are required to be
installed on all streets when homes are built.
Adequate Provision of Municipal Services: Municipal water and sewer lines
will be extended to the plat from nearby lines. All utility lines will be sized and
installed to meet the standard specifications of the City.
Provision of Housing for State Residents: This preliminary plat will provide
124 lots for the construction of new single-family dwellings for Pasco residents.
Adequate Air and Light: The lot sizes and maximum lot coverage limitations
will assure that adequate movement of air and light is available to each lot.
Proper Access & Travel: Streets in the plat will be paved and developed to City
standards to assure proper access is maintained to each lot. Connections to
the community will be provided by local streets. The preliminary plat was
submitted to the Transit Authority for review. No comments were received from
the Transit Authority.
Comprehensive Plan Policies & Maps: The Comprehensive Plan designates
the site for low-density residential development. Policies of the Plan encourage
the advancement of home ownership and suggest the City strive to maintain a
variety of housing for residents.
Other Findings: (list additional findings as appropriate)
1. The site is within the Pasco UGA.
2. The site is currently vacant.
3. The property is zoned R-S-1 which is identical to the zoning of the
development to the south.
4
4. Comprehensive Plan Policy H-2 suggests the City strive to maintain a
variety of housing options for residents of the community.
5. Comprehensive Plan Policy LU-2 supports the protection and
enhancement of the established character of viable residential
neighborhoods.
6. The Comprehensive Plan (TR-1-G) encourages the interconnection of
neighborhood streets.
7. Future school sites have been purchased near the proposed plat.
8. Each lot developed within the I-182 corridor is required by code to pay a
traffic mitigation fee.
9. The proposed plat was part of a plat that was previously approved by the
City.
10. The original Casa Del Sol subdivision and the Desert Sunset subdivision
are located to the south.
11. The Casa Del Sol Park has previously been dedicated and developed.
12. Utilities have been extended to the site.
13. The proposed subdivision will be constructed following the engineering
standards and specifications of the City.
14. The proposed plat will allow the interconnection and looping of utilities.
15. Streets in the proposed subdivision will connect to existing and proposed
neighborhood streets.
16. The site contains 44.6 acres with 124 lots, equaling 0.36 lots/units per
acre.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of the proposed plat the Planning
Commission must develop findings of fact from which to draw its conclusion
(P.M.C. 26.24.070) therefrom as to whether or not:
(1) Adequate provisions are made for the public health, safety and general
welfare and for open spaces, drainage ways, streets, alleys, other public
ways, water supplies, sanitary wastes, parks, playgrounds, transit stops,
schools and school grounds, sidewalks for safe walking conditions for
students and other public needs;
The proposed plat will be required to develop under the standards of the
Municipal Code and standard specifications of the City Engineering
Department. These standards were designed to ensure the public health;
safety and general welfare of the community are secured. The standards
include sidewalks for safe walking conditions. These standards also
include provisions for streets, drainage, water and sewer service and
requirements for parks (a park has already been built in the
neighborhood). This preliminary plat has been forwarded to the Franklin
County PUD, the Pasco School District and Ben-Franklin Transit Authority
5
for review and comment. The School District has purchased nearby sites
for an elementary school and a middle school.
(2) The proposed subdivision contributes to the orderly development and land
use patterns in the area;
The proposed plat is a continuation of an existing and previously approved
residential subdivision (Casa Del Sol).
(3) The proposed subdivision conforms to the policies, maps and narrative text
of the Comprehensive Plan;
The Comprehensive Plan land use map designates the site for low density
residential development. Low density development is described as 2 to 5
single-family units per acre in the Comprehensive Plan. The policies of the
plan encourage the advancement of home ownership (H-I-E). Plan Goal H-
2 suggests the City strive to maintain a variety of housing options for
residents of the community.
(4) The proposed subdivision conforms to the general purposes of any
applicable policies or plans which have been adopted by the City Council;
Development plans and policies have been adopted by the City Council in
the form of the Comprehensive Plan. The proposed subdivision conforms to
the policies, maps, and narrative text of the Plan as noted in number three
above.
(5) The proposed subdivision conforms to the general purposes of the
subdivision regulations.
The general purposes of the subdivision regulations have been enumerated
and discussed in the staff analysis and findings of fact. The findings of
fact indicate the subdivision is in conformance with the general purposes
of the subdivision regulations.
(6) The public use and interest will be served by approval of the proposed
subdivision.
The proposed plat, if approved, will be developed in accordance with all
City standards designed to insure the health, safety and welfare of the
community are met. The Comprehensive Plan will be implemented through
development of this plat. These factors will ensure the public use and
interest is served.
6
PLAT APPROVAL CONDITIONS
1) At the time lots are developed, all abutting roads and utilities shall be
developed to City standards as approved by the City Engineer. This
includes, but is not limited to: water, irrigation and sewer lines,
streets, street lights, and storm water retention. Sidewalks must be
installed no later than the time each lot is developed with a house.
The handicapped accessible pedestrian ramps must be completed
with the street and curb improvements prior to final plat approval. All
existing and proposed utilities must be installed underground by the
developer at the developer's expense. Road 52 and Sandifur Parkway
must be completed to City standards in conjunction with the first
phase of development. This shall include, but not be limited to:
paving, curb, gutter, sidewalks, street lighting and any required
underground utilities.
2) Lots at street intersections or that would otherwise have sight
distance restrictions must contain easements for appropriate sight
distances. No fences, utility vaults or pedestals, or other obstructions
will be allowed in this area. The easements must appear on the face of
the final plat for each phase.
3) The developer/builder shall pay the City a "traffic mitigation fee" per
the Municipal Code.
4) The developer shall install a common estate type fence/wall six feet in
height along the rear line of all lots abutting Road 52, Sandifur
parkway and Road 44. The fence shall be constructed of block to
match the fencing on the north side of Sandifur Parkway. The City
may make repairs or replace the fencing as needed. Property owners
adjoining said fence/wall shall be responsible for payment of all costs
associated with maintenance and upkeep of the fencing/wall. These
fencing/wall requirements shall be noted clearly on the face of the
final plat(s).
5) The developer shall be responsible for all costs associated with
construction inspection and plan review service expenses incurred by
the City Engineering Department.
6) The developer will be required to provide a deposit to the City of Pasco
to ensure that record drawings of the constructed utilities are created.
A topographic survey of the constructed utilities must be performed.
The topographic survey shall include manhole lids and sewer invert
elevations, location of sewer stubs, water valves, water meters,
irrigation valves, irrigation services, storm water catch basins, street
lights, fire hydrants, monuments and other pertinent information
deemed necessary, to the satisfaction of the City of Pasco. The
7
developer will be required to coordinate the efforts of their surveyor
and engineer to create records drawings to the satisfaction of the City
of Pasco.
7) The developer shall ensure active and ongoing dust and litter
abatement activities occur during the construction of the subdivision
and construction of the houses thereon.
8) The final plat shall contain 10 to 15 foot utility easements parallel to
all streets as required by utility providers.
9) All engineering designs for infrastructure and final plat drawings shall
utilize the published City of Pasco Vertical Control Datum. Said
datum shall be identified on the drawings for each submittal.
10) A note shall appear on the final plat for any phase containing the gas
main line explaining that there is a 20 inch diameter, pressurized
natural gas pipeline located within the boundaries of the plat.
11) Williams Pipeline currently has an easement for a natural gas pipeline
through the northwest corner of the proposed subdivision.
Construction of any utilities will require preapproval from the
Williams Corporation to cross this easement. All public utilities
passing through this easement must be continuously sleeved to a
minimum of 10 feet beyond the easement lines.
12) Fencing is not permitted within the Williams Pipeline easement. A
note shall appear on the final plat of any phase containing this
easement indicating this restriction.
13) The overhead power lines along Road 52 must be moved underground
with the construction of the first phase of this development.
14) The final plat shall contain the following Franklin County Public
Utility District statement: "The individual or company making
improvements on a lot or lots of this plat is responsible for providing
and installing all trench, conduit, primary vaults, secondary junction
boxes, and backfill for the PUD's primary and secondary distribution
system in accordance with PUD specifications; said individual or
company will make full advance payment of line extension fees and
will provide all necessary utility easements prior to PUD construction
and/or connection of any electrical service to or within the plat."
15) All corner lots and other lots that present difficulties for the
placement of yard fencing shall be identified by lot number in the
notes on the face of the final plat(s).
16) All storm water must be disposed of through means approved by the
City. All methods utilized to capture and dispose of storm water must
be in accordance with current City Codes and Standard
Specifications, and applicable Washington State Law.
8
17) The developer shall be responsible for installing landscaping in the
unimproved right-of-way on Road 52, Sandifur Parkway, and Road
44. This landscaping will consist of lawn and Spring Snow Crab apple
trees or approved equal. The trees shall be spaced at 50-foot intervals.
No trees will be planted within 25 feet of a street light. The
landscaping must include an irrigation system. All landscape plans
shall be reviewed and approved by the City's Engineering and
Community and Administrative Services departments prior to
installation.
18) Lots abutting Road 52, Sandifur Parkway and Road 44 shall not have
direct access to those streets. Access shall be prohibited by means of
deed restrictions or statements on the face of the final plat(s).
19) The developer/builder shall pay the City a "common area
maintenance fee" of $375 per lot upon issuance of building permits
for homes. These funds shall be placed in a fund and used to for the
maintenance of the landscaping along Road 52, Sandifur Parkway
and Road 44. The City shall accept maintenance responsibility for the
landscaping abutting said streets at such time as all maintenance fees
for all lots in each division abutting said streets have been paid. The
developer and or subsequent developers, home builders or assigns
shall be responsible for all maintenance until such time as all fees
have been paid to the City.
20) Irrigation mainlines must be installed throughout the entire proposed
plat of a size sufficient (minimum 4 inch diameter) to service each and
every currently proposed/future lot pursuant to PMC 26.04.116.
Additional mainlines, as directed by the City Engineer may be
required to be installed. The developer must install a properly
designed irrigation system with stubs to all lots in the subdivision for
future irrigation needs. All easements/rights of way necessary to
convey an irrigation system to and through the proposed plat must be
conveyed to the City of Pasco. The irrigation lines shall run in
easements/rights of way as directed by the City Engineer.
21) All streets are to be developed to City standards and/or as directed by
the City Engineer. Street grades for all arterial and collector roads
shall not exceed 6 percent. Interior local access street grades shall not
exceed 10 percent. Approaches to intersecting interior streets shall
not exceed 2 percent and any street intersecting an arterial or
collector street shall be zero (0) percent coming out of the toe of the
arterial/collector street slope. All temporary streets will be required to
have a paved turn around (2 inch pavement on 4 inches of rock base)
at the end of the street to the satisfaction of the City Engineer.
22) All water lines must be extended through the length of each proposed
plat. All water lines will be required to be looped with the existing City
9
of Pasco water system. A deposit is required for the removal of any
temporary loops installed by the developer. The deposit must include
the cost of removing the temporary piping, replacing damaged curb,
gutter and sidewalk, and a curb to curb replacement of all pavement
for at least 10 feet on both sides of the temporary line that was
removed. No water valves or meter boxes are to be located in any
easements or walkways.
23) Any and all utilities must be located as directed by the City Engineer.
This shall include but not be limited to gas, phone, power, cable and
all other utilities located within or adjoining this preliminary plat. Any
existing utilities that present difficulties shall be relocated at the
developer's expense, pursuant to the City Engineer's direction. All
utility plans, including the above mentioned, are required to be
submitted to the City of Pasco prior to subdivision approval.
24) The final plat(s) must contain the following statement: "Irrigation
service lines are currently available to lots within this plat; however,
water for the irrigation system may not currently be available. The
City of Pasco is constructing its irrigation infrastructure on an
ongoing basis. The use of the system will become available as time
and resources permit the expansion and connection of new systems to
the existing irrigation supply". This statement must appear on all
pages of said final plat(s).
25) Street lighting must be as directed by the City Engineer. Residential
street lights are typically installed every 300 feet and collector/arterial
street lights are installed every 150 feet.
26) Prior to the City of Pasco accepting construction plans for review for
any phase of development the developer must enter into a Storm
Water Maintenance Agreement with the City. The developer will be
responsible to obtain the signatures of all parties required on the
agreement and to have the agreement recorded with the Franklin
County Auditor. The original signed and recorded copy of the
agreement must be presented to the City of Pasco at the first intake
meeting for construction plans for each phase of development.
27) The developer will be required to conform to all conditions set forth in
the Storm Water Maintenance Agreement including, but not limited
to, regular cleaning and maintenance of all streets, gutters, catch
basins and catch basin protection systems. Cleaning shall occur on a
regular basis to ensure that no excess build up of sand, trash, grass
clippings, weeds or other debris occurs in any portion of the streets,
gutters, or storm water collection facilities. Cleaning and upkeep of
the streets, gutters, and storm water collection facilities must be to
the satisfaction of the City Engineer. The developer will be responsible
to operate and maintain the storm drain system in accordance with
10
the Storm Water Maintenance Agreement for a period of 5 years from
the date of final plat approval for each phase or until the system is
accepted by the City of Pasco whichever is less. The City of Pasco's
acceptance of construction plans for subsequent phases of the
subdivision will be contingent on the developer satisfying all
requirements of the Storm Water Maintenance Agreement.
28) The developer will be required to comply with the City of Pasco Civil
Plan Review process. A copy of the requirements for the civil plan
review process is available from the City Engineering Department. All
construction plans must substantially conform to the approved
preliminary plans submitted with the preliminary plat.
RECCOMENDATION
MOTION: I move to close the public hearing on this preliminary plat
application and initiate deliberations and schedule adoption of
findings of fact, conclusions and a recommendation to the City
Council for the June 18, 2009 meeting.
11
Item:V'C'H'ty Preliminary Plat Casa
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REPORT TO PLANNING COMMISSION
MASTER FILE NO: PP 09-002 APPLICANT: Liberty Bankers
HEARING DATE: 5/21/09 7006 N. Fleming Street
ACTION DATE: 6/18/09 Spokane, WA 99208
BACKGROUND
REQUEST: PRELIMINARY PLAT: Preliminary Plat-Chapel Hill Division II
94-Lots
1. PROPERTY DESCRIPTION:
Legal: The project site is generally located south of Woodbine Dr and east
of Saratoga Lane (SW 1/4 of Sec 15, T 9N, R 29 E, lying northerly of the
FCID irrigation canal except Chapel Hill Phase 1 and except Parcel #
117-430-147).
General Location: West of Saratoga Lane and north of the FCID canal
Property 26.89 Acres
Number of Lots Proposed: 94 single-family lots
Square Footage range of Lots: 7,638 sq. ft. to 15,508 sq. ft.
Average Lot Square Footage: 10,079 sq. ft.
2. ACCESS: The property has access from Aintree Drive, Woodbine Drive
and Saratoga Lane.
3. UTILITIES: All municipal utilities are available to the site.
4. LAND USE AND ZONING: The site is zoned R-1 (Low-Density
Residential) and was graded with the construction of the first phase of
the Chapel Hill development. Zoning and land use of the surrounding
properties are as follows:
NORTH- R-1 8v R-3 Chapel Hill Phase I (SFD's) 8s the Crossings at Chapel
Hill (MFD's)
SOUTH- R-S-20 Single-family dwellings located in the County
EAST- R-1/Chapel Hill Phase 3 (single-family lots)
WEST- R-S-20 Single-family dwellings in the County
S. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is
intended for mixed residential development (single-family 8s multi-family
uses). The Plan further indicates mixed residential development means 5
1
to 20 dwelling units per acre. The criteria for allocation under the future
land use section of Volume II of the Comprehensive Plan (Vol. II, pg. 17)
encourages development of lands designated for residential uses when or
where; sewer is available, land is suitable for home sites, and when there
is a market demand. Policy H-1-E encourages the advancement of home
ownership and Goal H-2 suggests the City strive to maintain a variety of
housing options for residents of the community. Goal LU-2 encourages
the maintenance of established neighborhoods and the creation of new
neighborhoods that are safe and enjoyable places to live.
6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a
Determination of Non-Significance (DNS) in accordance with review
under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW.
ANALYSIS
The property in question was rezoned and granted preliminary plat approval for
single-family development in 2003. In the last five years the developer has
completed construction on the multi-family and single-family portions of the
Chapel Hill development. Construction design work for the proposed site was
completed when the lots to the north were developed. At that time the site was
graded and the street locations were established.
The applicant has applied for a preliminary plat approval to allow the
remaining 94 lots west of Saratoga Lane to be developed as previously
approved.
The proposal is essentially a continuation of the previously approved
development.
LOT LAYOUT: The proposed plat contains 94 lots with an average lots size
exceeding the R-1 zoning requirements.
RIGHTS-OF-WAY: All lots have frontage on streets that will be dedicated.
UTILITIES: The developer will be responsible for extending the water lines,
sewer lines and other utilities into the plat. A utility easement will be needed
along the first 10-15 feet of all lots. The final location and width of the
easements will be determined during the engineering design phase. The front
yard setbacks for construction purposes are larger than the requested
easements; therefore the front yard easements will not encroach upon the
buildable portions of the lots.
The City Engineer will determine the specific placement of fire hydrants and
streetlights when construction plans are submitted. As a general rule, fire
hydrants are located at street intersections and at a maximum of 600-foot
2
intervals and streetlights are located at street intersections at 300-foot
intervals on residential streets.
STREET NAMES: The proposed street names are consistent with the names of
streets in the remainder of the Chapel Hill development.
IRRIGATION: The municipal code requires the installation of irrigation lines
as a part of infrastructure improvements.
WATER RIGHTS: The assignment of water rights is a requirement for
subdivision approval. If no water rights are available to transfer to the City, the
property owner/developer must pay a water right fee of $1,500 per acre in lieu
thereof. The Public Works Director may waive the fee if the developer mixes a
soil additive in the ground that provides 30% retention of irrigation water. The
developers have previously dedicated the water rights and irrigation well.
FINDINGS OF FACT
State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning
Commission to develop Findings of Fact as to how this proposed subdivision
will protect and enhance the health, safety and general welfare of the
community. The following is a listing of proposed "Findings of Fact":
Prevent Overcrowding: With an average lot size of 10,079 square feet, the
proposed development will address the overcrowding concern by providing
manageable lots and usable open spaces. R-1 zoning requires a 20 foot front
yard set back and no more than 40 percent lot coverage providing for open
space on the lots.
Parks Opens Space/Schools: The proposed preliminary plat was sent to the
Pasco School District for comment and review. The neighborhood park for this
plat was identified during the previous platting review process. The park site is
located at the intersection of Saratoga Lane and Chapel Hill Boulevard.
Effective Land Use/Orderly Development: The plat is laid out to effectively
utilize the site consistent with surrounding residential development. The site is
within the Pasco Urban Growth Boundary. The proposed plat is a continuation
of a previously approved development.
Safe Travel & Walking Conditions: The plat provides connections to the
community by way of local access streets. Sidewalks are required to be
installed when homes are built.
3
Adequate Provision of Municipal Services: Municipal water and sewer lines
will be extended to the plat from nearby lines. All utility lines will be sized and
installed to meet the standard specification of the City.
Provision of Housing for State Residents: This preliminary plat will provide
94 lots for the construction of new dwellings for Pasco residents.
Adequate Air and Light: The lot sizes and maximum lot coverage limitations
will assure the adequate movement of air and light is available to each lot.
Proper Access & Travel: Access streets in the plat will be paved and developed
to City standards to assure proper access is maintained to each lot.
Connections to the community will be provided by local streets. The
preliminary plat was submitted to the Transit Authority for review. No
comments were received from the Transit Authority.
Comprehensive Plan Policies & Maps: The Comprehensive plan designates
the site for mixed residential development. Policies of the plan encourage the
advancement of home ownership and suggest the City strive to maintain a
variety of housing of residents.
Other Findings: (list additional findings as appropriate)
• The property is zoned R-1 which is identical to the zoning for other
phases of the Chapel Hill development.
• Single-family dwellings are located to the south and west in the County.
• The Comprehensive Plan encourages the interconnection of
neighborhood streets.
• Streets in the proposed subdivision will connect to existing and proposed
neighborhood streets.
• The proposed plat will allow the interconnection and looping of utilities.
• The site is currently vacant.
• The site is within the Pasco UGA.
• The proposed plat was part of a plat that was previously approved by the
City.
• Each lot developed within the I-182 corridor is required by code to pay a
traffic mitigation fee.
• Comprehensive Plan Policy H-2 suggests the City strive to maintain a
variety of housing options for residents of the community.
• Comprehensive Plan Policy LU-2 supports the protection and
enhancement of the established character of viable residential
neighborhoods.
4
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of the proposed plat the Planning
Commission must develop findings of fact from which to draw its conclusion
(P.M.C. 26.24.070) there from as to whether or not:
(1) Adequate provisions are made for the public health, safety and general
welfare and for open spaces, drainage ways, streets, alleys, other public
ways, water supplies, sanitary wastes, parks, playgrounds, transit stops,
schools and school grounds, sidewalks for safe walking conditions for
students and other public needs;
The proposed plat will be required to develop under the standards of the
municipal code and standard specifications of the City Engineering
department. These standards were designed to ensure the public health,
safety and general welfare of the community are secured. These
standards include provisions for streets, drainage, water and sewer
service and funding for park lands. This preliminary plat has been
forwarded to the Franklin County PUD, the Pasco School District and Ben-
Franklin Transit Authority for review and comment.
(2) The proposed subdivision contributes to the orderly development and land
use patterns in the area;
The proposed plat is a continuation of an existing and previously approved
residential subdivision (Chapel Hill).
(3) The proposed subdivision conforms to the policies, maps and narrative text
of the Comprehensive Plan;
The Comprehensive Plan land use map designates the site for mixed
residential development. Mixed residential development is described as 5
to 20 dwelling units per acre in the Comprehensive Plan. The policies of the
plan encourage the advancement of home ownership (H-1-E). Plan Goal H-
2 suggests the City strive to maintain a variety of housing options for
residents of the community.
(4) The proposed subdivision conforms to the general purposes of any
applicable policies or plans which have been adopted by the City Council;
Development plans and policies have been adopted by the City Council in
the form of the Comprehensive Plan. The proposed subdivision conforms to
the policies, maps, and narrative text of the Plan as noted in number three
above.
5
(5) The proposed subdivision conforms to the general purposes of the
subdivision regulations.
The general purposes of the subdivision regulations have been enumerated
and discussed in the staff analysis and findings of fact. The findings of
fact indicate the subdivision is in conformance with the general purposes
of the subdivision regulations.
(6) The public use and interest will be served by approval of the proposed
subdivision.
The proposed plat, if approved, will be developed in accordance with all
City standards designed to insure the health, safety and welfare of the
community are met. The Comprehensive Plan will be implemented through
development of this plat. These factors will ensure the public use and
interest is served.
PLAT APPROVAL CONDITIONS
1) At the time lots are developed, all abutting roads and utilities shall be
developed to City standards as approved by the City Engineer. This
includes, but is not limited to water, irrigation and sewer lines,
streets, street lights, and storm water retention. Sidewalks must be
installed no later than the time each lot is developed with a house.
The handicapped accessible pedestrian ramps must be completed
with the street and curb improvements prior to final plat approval. All
existing and proposed utilities must be installed underground by the
developer at the developer's expense.
2) All intersections will require setback lines for appropriate sight
distances. No fences, utility vaults or pedestals, or other obstructions
will be allowed in this area.
3) The developer/builder shall pay the City a "traffic mitigation fee" per
the municipal code.
4) The developer shall be responsible for all costs associated with
construction inspection and plan review service expenses incurred by
the City of Pasco Engineering Department.
5) The developer will be required to provide a deposit to the City of Pasco
to allow the City of Pasco to hire a surveying company to perform
topographic surveys of the constructed utilities including manhole
lids and flow line elevations, location of sewer stubs, water valves,
water meters, irrigation valves, irrigation services, storm water catch
6
basins, street lights, fire hydrants, monuments and other pertinent
information deemed necessary, to the satisfaction of the City of Pasco.
The developers will be required to provide as-built drawings for the
remainder of the improvements. The City of Pasco contracted surveyor
will be given an electronic copy of the design drawings to then insert
their findings from the topographic survey.
6) The developer shall ensure active and ongoing dust and litter
abatement activities occur during the construction of the subdivision
and construction of the houses thereon.
7) The final plat shall contain 10 to 15 foot utility easements parallel to
all streets as required by utility providers.
8) All engineering designs for infrastructure and final plat drawings shall
utilize the published City of Pasco Vertical Control Datum. Said
datum shall be identified on the drawings for each submittal.
9) The final plat shall contain the following Franklin County Public
Utility District statement: "The individual or company making
improvements on a lot or lots of this plat is responsible for providing
and installing all trench, conduit, primary vaults, secondary junction
boxes, and backfill for the PUD's primary and secondary distribution
system in accordance with PUD specifications; said individual or
company will make full advance payment of line extension fees and
will provide all necessary utility easements prior to PUD construction
and/or connection of any electrical service to or within the plat."
10) All corner lots and other lots that present difficulties for the
placement of yard fencing shall be identified by lot number in the
notes on the face of the final plat(s). Lots 75 and 76 shall identify the
6 foot fence setback lines.
11) The developer shall install a common fence 6 feet in height along the
rear line of all lots abutting the FCID canal
12) All storm water must be disposed of through means approved by the
City of Pasco. All methods utilized to capture and dispose of storm
water must be in accordance with current City Codes and Standard
Specifications, and applicable Washington State Law.
13) Irrigation mainlines must be installed throughout the entire proposed
plat of a size sufficient to service each and every currently
proposed/future lot pursuant to PMC 26.04.116. Additional
mainlines, as directed by the City Engineer may be required to be
installed. The developer must install a properly designed irrigation
system with stubs to all lots in the subdivision for future irrigation
needs. All easements/rights of way necessary to convey an irrigation
system to and through the proposed plat must be conveyed to the City
7
of Pasco. The irrigation lines shall run in easements/rights of way as
directed by the City Engineer.
14) All streets are to be developed to City standards and/or as directed by
the City Engineer. Street grades for all arterial and collector roads
shall not exceed 6 percent. Interior local access street grades shall not
exceed 10 percent. All intersections will require setback lines for
appropriate sight distances. No fences, utility vaults or pedestals, or
other obstructions will be allowed in this area. Approaches to
intersecting interior streets shall not exceed 2 percent and any street
intersecting an arterial or collector street shall be zero (0) percent
coming out of the toe of the arterial/collector street slope. All
temporary streets will be required to have a paved turn around (2 inch
pavement on 4 inches of rock base) at the end of the street to the
satisfaction of the City Engineer.
15) All water lines must be extended through the length of each proposed
plat. All water lines will be required to be looped with the existing
City of Pasco water system. A deposit is required for the removal of
any temporary loops installed by the developer. The deposit must
include the cost of removing the temporary piping, replacing damaged
curb, gutter and sidewalk, and a curb to curb replacement of all
pavement for at least 10 feet on both sides of the temporary line that
was removed. No water valves or meter boxes are to be located in any
easements or walkways.
16) Any existing irrigation pipe from the previous farming activities on the
site, regardless of size, type or location, must be removed at the
owner/developers expense. Existing pipe must be removed prior to
the development of the phase in which it is located and must be
removed to the satisfaction of the City of Pasco.
17) Any and all utilities must be located as directed by the City Engineer.
This shall include but is not be limited to gas, phone, power, cable
and all other utilities located within or adjoining this preliminary plat.
Any existing utilities that present difficulties shall be relocated at the
developer's expense, pursuant to the City Engineer's direction. All
utility plans, including the above mentioned, are required to be
submitted to the City of Pasco prior to subdivision approval.
18) The final plat(s) must contain the following statement: "Irrigation
service lines are currently available to lots within this plat; however,
water for the irrigation system may not currently be available. The
City of Pasco is constructing its irrigation infrastructure on an
ongoing basis. The use of the system will become available as time
and resources permit the expansion and connection of new systems to
the existing irrigation supply". This statement must appear on all
pages of said final plat(s).
8
19) Street lighting must be as directed by the City Engineer. Residential
street lights are typically installed every 300 feet and collector/arterial
street lights are installed every 150 feet.
20) Prior to the City accepting construction plans for review for any phase
of development the developer must enter into a Storm Water
Maintenance Agreement with the City. The developer will be
responsible for obtaining the signatures of all parties required on the
agreement and for having the agreement recorded with the Franklin
County Auditor. The original signed and recorded copy of the
agreement must be presented to the City of Pasco at the first intake
meeting for construction plans for each phase of development.
21) The developer will be required to conform to all conditions set forth in
the Storm Water Maintenance Agreement including, but not limited
to, regular cleaning and maintenance of all streets, gutters, catch
basins and catch basin protection systems. Cleaning shall occur on a
regular basis to ensure that no excess build up of sand, trash, grass
clippings, weeds or other debris occurs in any portion of the streets,
gutters, or storm water collection facilities. Cleaning and upkeep of
the streets, gutters, and storm water collection facilities must be to
the satisfaction of the City Engineer. The developer will be responsible
to operate and maintain the storm drain system in accordance with
the Storm Water Maintenance Agreement for a period of up to five
years from the date of final plat approval for each phase or until the
system is accepted by the City. The City of Pasco's acceptance of
construction plans for subsequent phases of the subdivision will be
contingent on the developer satisfying all requirements of the Storm
Water Maintenance Agreement.
22) The developer will be required to comply with the City of Pasco Civil
Plan Review process. A copy of the requirements for the civil plan
review process is available from the City of Pasco Engineering
department.
RECOMMENDATION
MOTION: I move to close the public hearing on this preliminary plat
application and initiate deliberations and schedule adoption of
findings of fact, conclusions and a recommendation to the City
Council for the June 18, 2009 meeting.
9
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MEMORANDUM
DATE: May 21, 2009
TO: Planning Commission
FROM: Jeffrey B. Adams, Associate Planner
SUBJECT: Wagenaar Reserve Center BRAC Plan
Base Realignment and Closure (BRAC) is the process that the Department of
Defense (DoD) uses to reorganize its installation infrastructure to more efficiently
and effectively support its forces, increase operation readiness and facilitate new
ways of doing business. For the past four decades, the DoD has used the BRAC
process to close and realign military base properties. Installations have been
converted to housing developments, business facilities, parks, and many other
uses based on the needs of the local community. The DoD places an emphasis on
converting the property into a productive, progressive property while balancing
the needs of the community and satisfying the regulations of the DoD.
In May 2008 the City of Pasco was granted recognition as the Local
Redevelopment Authority (LRA) for the Wagenaar Army Reserve Center. The LRA
is the entity to which the DoD entrusts the leadership of formulating a
comprehensive Redevelopment Plan (RDP) while following the prescribed BRAC
process.
The plan describes the community goals and constraints within which
redevelopment can occur, and recommends a plan that is compatible with those
parameters.
This report indicates how the Local Redevelopment Authority Advisory Committee
arrived at their decision for best future use for the property. The LRA's decision is
based on Federal Law, more specifically, the "Base Redevelopment and
Realignment Manual" as amended March 1, 2006 (DoD 4165.66-M).
Preparation of this plan included gathering background information on the issues
facing the community, conducting outreach to homeless agency providers,
collecting input on the uses most in line with community needs, and assessing
how the facilities can best be used to meet those needs. Through public meetings,
attempts were made to solicit community input. Reuse scenarios were considered
that combined various sources of input with an assessment of the quality of the
buildings located on the property and consideration for the integration into the
surrounding area.
1
BRAC law and regulation requires that specific notification be given to the public
and the homeless assistance organizations to ensure that they have ample
opportunity to engage in the reuse planning process.
In our case, Public and homeless agency notifications were provided by: 1)
individual letters mailed directly to the agencies; 2) two separate calls for Notice of
Interest (NOI) through the local newspaper (Tri-City Herald), 3) e-mail
notifications to agency contacts; and 4) "event" posting on City of Pasco event
calendar.
We have also continuously maintained a section of the City's publically available
website as a dedicated resource for information on the Wagenaar Reserve Center.
The site contains meeting and other announcements, the Notices of Interest,
reports, base redevelopment information, and maps and photographs of the
buildings and site. The web address is: http://www.pasco-
wa.gov/GeneralInfo/" CEDWagenaarReserveCenterProject
As a result of our outreach efforts Three Notices of Interest (NOI) were received, as
follows:
1. Dayspring Ministries—a tax exempt interdenominational charitable
organization whose mission is to "reach the lost for Jesus Christ by setting up
a ministry in every jail and prison......" has a vision to create an Intensive
Outpatient Program of drug treatment.
The Notice of Interest contained a brief narrative of how the program would
work, including the uses intended in the Administration Building. It was
stated that along with treatment and therapy, there would be barrack style
housing with 24 beds for long term residential treatment. It would be intended
that meals would be served, along with other residential requirements such as
laundry, bathing, and exercise areas.
The NOI closed with further information regarding the mission of the
organization, an organization chart, contact information for the Board, tax-
exempt certifications, financial statements for years 2006 and 2007, a portion
of the Continuum of Care 10 year plan, and a copy of Dayspring's tri-fold
brochure. There did not appear to be a business proposal clearly indicating a
sustainable plan for start up or detailed operations for any period of time.
2. NW Laborer's Training Trust Fund proposed to use the property to recruit,
train and retrain construction craft laborers. Recruitment and outreach would
be through area school districts, established pre-apprenticeship programs,
Community Colleges, Vocational Training establishments, Job Corps Programs
and other various organizations as available. Funding for the program comes
directly from union labor hours.
2
The classes are a combination of traditional classroom learning environment
combined with hands-on learning. Both the interior and exterior of the
Wagenaar Center would be used for training. The organization proposed to use
the administration building for classrooms and staff; the storage building for
construction materials, and the property for actual hands on training. The
activities would consist of actual construction of concrete, pipe laying, utilities
construction, and other craft work. The constructed areas would be
continuously dismantled and reconstructed to simulate real field practices.
The notice did not elaborate on any remediation or renovation to the existing
buildings.
This Notice of Interest rigidly followed the instructions for providing a notice of
interest. The document included an organizational history and profile, detailed
financial statements, and a pro forma for renovation of the existing facilities,
including a two year cash flow analysis.
3. The Port of Pasco provided three scenarios for redevelopment, namely, a
Small Business Incubator, General Tenant Leased Space (Building and Land),
and Port of Pasco Administrative and Maintenance Facility (The Port
subsequently decided not to pursue this option).
The program need addressed by the Port of Pasco proposal is job creation and
industrial retention. The job creation strategy of the Port is to make reasonably
priced facilities and land available for new or expanding businesses.
The Wagenaar property is referred to in the Port of Pasco Master Plan as a
potential focal point within the designated "Attraction Area." The Master Plan
concluded that the Attraction Area was the best location for potential job
creation after considering all development opportunities at the Big Pasco
Industrial Center (BPIC), and recommended that the Port focus development
efforts on this area. The Wagenaar property would need to be added to the
Attraction Area limits to keep a uniform and consistent land use with all
surrounding property (industrial zoning), creating a large contiguous parcel
that would be attractive for a single large facility, or conversely, allow for a
more dense development if used for multiple smaller facilities.
The Port of Pasco Notice of Interest also rigidly followed the instructions for
providing a notice of interest. The document included an organizational history
and profile, detailed financial statements, and a pro forma for renovation of the
existing facilities, including a five year cash flow analysis.
NOI Evaluation Process
The evaluation process was a combined effort of the LRA, the Advisory
Committee, and invited members of the community. The Advisory Committee was
asked to evaluate the Notices of Interest, using a weighted score sheet as a
guideline (see Evaluation Matrix in Appendices).
3
Each of the NOI's were evaluated for thoroughness of response and for following
the specific instructions published in the Request for Notices of Interest. The NOI
evaluation process was established for the purpose of making a fair, reasonable
and balanced assessment of all the NOI's submitted. All NOIs received equal
consideration. Balancing the needs of the local community was at the forefront of
the priorities as the assessment was completed. The AC recognized that needs
exist in the area for both homeless accommodations and economic development.
The AC considered many variables in their assessments and had requested
clarification of any ambiguities throughout the evaluation process. Typical
clarifications and information gathering were related to the following areas:
• History of past similar operations
• Sustainability of proposed operations
• Source and likelihood of funding for proposed operations
• Possibility of combining NOIs
• Facility upgrades proposed to make the property suitable for NOI proposal
• Public/private transportation necessary to support the NOI proposal
• Zoning compatibility and possible changes needed
• Surrounding amenities for homeless
• NOI proposal description and definitions
• Applicability of various conveyance mechanisms
During the meeting key topics such as public transportation availability, building
modification needs, surrounding property compatibility, and long term
sustainability were discussed. A thorough discussion of the NOIs and their
respective strengths and weaknesses relative to the key topics (above) allowed a
clear consensus to be developed.
The Advisory Committee recommended support for the Business Incubator and
Port Related Economic Development uses as proposed by the Port of Pasco. NW
Labor was the second choice and Dayspring Ministries was the third choice,
based upon the ten scoring criteria.
It should be noted that no Notices of Interest were received from a direct homeless
assistance provider.
Following the hearing a public meeting will be held on June 18, 2009 for further
discussion of the Plan and formulation of a recommendation for City Council.
Once the City approves the Plan it will be submitted to HUD for a "Balance
Determination" and to the Military for Property Disposal Planning. The HUD
review of Homeless Assistance Application and balance determination is
anticipated for Fall 2009. Army compliance with National Environmental Policy
Act (NEPA) and property disposal planning will follow the HUD determination.
4
For the complete report go to:
http://www.pasco-wa.gov/Generallnfo/CEDWagenaarReserveCenterProlect
REPORT TO PLANNING COMMISSION
MASTER FILE NO: (MF# Z09-003) APPLICANT: City of Pasco
ACTION DATE: 5/21/09 PO Box 293
Pasco, WA
BACKGROUND
REQUEST: Develop zoning recommendation for the Road 76 8s Court Street
Annexation Area
1) AREA ID: Area Size: # of Dwellings: Population:
Rd 76/Court St 41 Acres 17 Approx. 45
2) UTILITIES: City water lines are located in Road 80, Road 76 and Ter-Ray
Court. A sewer line is located in Court Street
3) LAND USE AND ZONING: The proposed annexation area is currently
zoned R-S-20 under the County zoning regulations and developed with 17
single-family dwelling units. Lots in the area range from a half acre to
about 5 acres in size. Properties in the city to the west are zoned R-S-12
and developed with manufactured homes and a church/school. Properties
to the east in the city are zoned R-S-20 and developed with one
manufactured dwelling, three site-built dwellings and two churches.
4) COMPREHENSIVE PLAN: The Comprehensive Plan designates the
proposed annexation area for low density residential development.
5) ENVIRONMENTAL DETERMINATION: This proposal has been issued a
Determination of Non-Significance in accordance with review under the
State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW.
ANALYSIS
In determining the most appropriate zoning for the annexation area the
Planning Commission needs to consider the existing land uses, nearby
development, zoning, policies of the Comprehensive Plan and the land use
designations of the land use map. The Planning Commission also needs to be
guided by the criteria in PMC 25.88.060 (as discussed below) in developing a
zoning recommendation.
The established development trend for the general area around the proposed
annexation site can be characterized primarily as low density single-family
development. Lot sizes in the general neighborhood range from approximately
9,000 square feet (in Ivy Glades) to 5 acres in the less developed areas.
Surrounding properties contain manufactured dwellings, site built dwellings
and churches. The Comprehensive Plan suggests the County area should be
developed with densities of 2 to 5 dwelling units per acre.
The property in question is located within the Pasco Urban Growth Boundary
and is adjacent to the Ivy Glades subdivision and the Back Roads Country
Estates development. To maintain consistency with nearby development
patterns and Comprehensive Plan the most appropriate zoning would be a
suburban zoning district (R-S-1, R-S-12 or R-S-20). Most of the annexation
areas over the past decade or so have been zoned R-S-12.
R-S-12 zoning would provide the greatest flexibility for property owners while
preserving the suburban nature of the neighborhood. Zoning districts set the
minimum standard for lot sizes. It is not mandatory that lots within the R-S-
12 district be limited to just 12,000 square feet. Property owners have the
option of developing lots of any size equal to or greater than 12,000 square feet.
R-S-12 zoning would provide the flexibility for the owners of the 5 acre parcels
in the neighborhood to divide their parcels in the future in a manner that
would make it feasible to cover the costs of installing utilities.
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 properties in question have been annexed to the City of Pasco.
• In the recent past, low density single-family home development has
occurred in the general vicinity (Ivy Glades, Back Roads Country
Estates 8v Ter-Ray Estates).
• A major trunk sewer line was installed in Court Street in 2007.
• The Comprehensive Plan designates the property for low density
residential uses.
• Low density residential uses means 2 to 5 dwelling units per acre.
• The property is located within the Pasco urban growth boundary.
• The annexation area is less than a mile from the new Chiawana
High School.
2. Facts to justify the change on the basis of advancing the public health,
safety and general welfare.
The intended character of the area can be maintained by zoning the
property to a suburban classification such as R-S-12. This will ensure
any future development will occur in a manner consistent with the
Comprehensive Plan. Permitting development consistent with the
Comprehensive Plan advances the general welfare of the community.
3. The effect it (rezoning) will have on the nature and value of adjoining
property and the Comprehensive Plan.
Rezoning the property to low density residential such as R-S-12 is
supported by the Comprehensive Plan and would be considered a proper
implementation of the plan. Rezoning the property to R-S-12 would
protect the intended character of the neighborhood and nearby
neighborhoods such as Ivy Glades. According to the Franklin County
Assessors records (searched in April 2009) development of the Ivy Glades
subdivision has not lowered the value of adjoining properties.
Experience in other annexation neighborhoods has (Wilson Addition, Hill
Estates) has shown that R-S-12 zoning has not impacted the nature and
value of adjoining neighborhoods.
4. The effect on the property owners or owner if the request is not granted.
Without the annexation area being assigned a specific zoning district the
area will essentially be unzoned. This will create confusion for the
issuance of future building permits and development activities within the
annexation area. The area needs to be zoned for the benefit of property
owners both in the annexation area and adjoining the annexation area.
5. The Comprehensive Plan land use designation for the property.
The Comprehensive Plan designates the site for low density residential
development of 2 to 5 units per acre. R-S-12 zone would permit 2.7
units per net acre.
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 findings to this listing as the result of
factual testimony and evidence submitted during the open record hearing.
1) The site is within the Pasco Urban Growth Boundary.
2) Urban growth is to be located within the urban growth boundary.
3) Annexation of the area in question becomes effective on June 1, 2009.
4) The annexation area is identified in the Comprehensive Plan for low density
residential uses and has been designated low density residential for almost
30 years.
5) The Comprehensive Plan describes low density residential development as 2
to 5 dwelling units per acre.
6) Low density residential zoning includes R-1, R-S-1 R-S-12 and R-S-20
districts.
7) Properties to the east and west are zoned for suburban residential
development.
8) A majority of past annexation areas have been zoned R-S-12.
9) According the Franklin County Assessor's records the property values of
neighborhoods near annexation areas zoned R-S-12 have increased over the
years.
10) Manufactured and site built dwellings are located adjacent to the annexation
area.
11) Three churches are located adjacent to or near the annexation area.
12) The annexation area is located less than a mile south of the new Chiawana
High School.
13) A major sewer trunk line was installed in Court Street during 2007.
14) Franklin County zoned the annexation area R-S-20.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone the Planning Commission
must develop its conclusions from the findings of fact based upon the criteria
listed in P.M.C. 25.88.060. and determine whether or not:
(1) The proposal is in accord with the goals and policies of the
Comprehensive Plan.
The Comprehensive Plan encourages the development of low density
residential land uses on the site. Low Density residential means 2-5
dwelling units per acre. R-S-12 zoning permitting 2.7 dwelling units
per net acre would be consistent with the Comprehensive Plan.
(2) The effect of the proposal on the immediate vicinity will not be
materially detrimental.
Based on the experience of numerous annexations in the past
decade and property valuation records of the Franklin County
Assessor, rezoning the annexation area to R-S-12 will not be
materially detrimental to the neighborhood.
(3) There is merit and value in the proposal for the community as a whole.
It is in the best interest of the community and neighborhood to have
the annexation zoned for residential purposes. Without zoning, the
value and character of the neighborhood would not be protected or
maintained.
(4) Conditions should be imposed in order to mitigate any significant
adverse impacts from the proposal.
R-S-12 zoning would mitigate the impacts of the property not being
zoned and therefore no conditions are needed.
(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.
STAFF RECOMMENDATION
MOTION: I move the Planning Commission adopt the Findings of Fact as
contained in the staff report.
MOTION: I move, based on the findings of fact as adopted, the Planning
Commission recommend the City Council zone the Road 76 and
Court Street Annexation Area to R-S-12.
Item: Zone Determination Road 76 & Co
Overview Applicant: City of Pasco N
Map File #: Z 09-003
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