HomeMy WebLinkAbout10-15-2009 Planning Commission Meeting Packet PLANNING COMMISSION - AGENDA
REGULAR MEETING 7:00 P.M. October 15, 2009
I. CALL TO ORDER:
II. ROLL CALL: Declaration of Quorum
III. APPROVAL OF MINUTES: September 17, 2009
IV. OLD BUSINESS:
A. Rezone Rezone from R-1 to C-1 (4200 Block of West Court
Street) (MF# Z 09-006)
V. PUBLIC HEARINGS:
A. Sub-Area Plan Broadmoor Sub-Area Plan (West of Broadmoor
Boulevard and north of Harris Road) (City of Pasco)
B. Code Amendment Title 19 & 25 Dealing with RV's and Residential
Parks (Citywide)(City of Pasco) (MF# CA 09-003)
VI. WORKSHOP:
A. Code Amendment RV Parking in suburban zones (Citywide)(City of
Pasco) (MF# CA 09-002)
VII. OTHER BUSINESS:
VIII. ADJOURNMENT:
REGULAR MEETING September 17, 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 Carlos Perez
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 for the location of a Corn Maze/Farm in a R-S-20 Zone
(MF#SP09-007). Commissioner Anderson recused himself from all old business
items (MF#'s SP 09-005 & SP 09-007) on the agenda due to his absence at the
July 16, 2009 meeting.
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.
ADMINISTERING THE OATH:
Chairman Samuel explained that State law requires testimony in quasi-judicial
hearings such as held by the Planning Commission be given under oath or
affirmation. Chairman Samuel swore in all those desiring to speak.
APPROVAL OF MINUTES:
Commissioner Little moved, seconded by Commissioner Hay, that the minutes
dated August 20, 2009 be approved as mailed. The Motion carried unanimously.
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OLD BUSINESS:
A. SPECIAL PERMIT Location of a Community Service Facility in a
C-1 Zone (3901 W. Court Street) (Planned
Parenthood) (MF# SP09-005)
Chairman Samuel read the master file number and explained that in August
they did not have a quorum of Planning Commission members who had actually
heard the matter at the public hearing. As a result the Planning Commission
was unable to take action on the matter at the August. Chairman explained
there was now a quorum available and he asked staff for comments.
Rick White, Community & Economic Development Director, briefly explained the
process that the Planning Commission had undertaken to arrive at the
September 171h meeting. It was explained that there were three sets of findings,
and conclusions in the written report for the Planning Commissions
consideration. Alternate # 1 recommends denial of the special permit based on
Planning Commission direction in July. Alternate # 2 contains a staff
recommendation for approval and Alternate # 3 contains a set of findings and
conclusions prepared by the Chairman recommending denial. Mr. White also
discussed the City Attorney's memo that explained what could and could not be
used as evidence or testimony on which to base a recommendation. Mr. White
concluded by recommending the Planning Commission accept Alternate # 2 for a
recommendation to the City Council.
Chairman Samuel explained he prepared the findings in Alternate # 3 because
he felt the other alternatives did not incorporate the comments and discussion
the Planning Commission had on the matter in order to recommend denial.
Commissioner Schouviller moved, seconded by Commissioner Hay, to adopt
findings of fact and conclusions as contained in the August 20, 2009 staff
report identified as Alternate # 2.
Chairman Samuel stated he did not believe Alternate #2 accurately reflected the
issues that were discussed.
Commissioners Samuel, Kempf and Little voted no and Commissioners
Schouviller and Hay voted yes. The motion failed.
Commissioner Little moved, seconded by Commissioner Kempf to adopt findings
of fact and conclusions as contained in the August 20, 2009 staff report
identified as Alternate # 1.
Commissioners Samuel and Schouviller vote no and Commissioners Hay, Kempf
and Little voted yes. The motion passed.
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Commissioner Little moved, seconded by Commissioner Kempf, based on the
findings of fact and conclusions identified in Alternate # 1 the Planning
Commission recommend the City Council deny a special permit to Planned
Parenthood for the location of a Level-One Community Service Facility.
Commissioners Samuel, Hay and Schouviller voted no and Commissioners Hay,
Kempf and Little voted yes. The motion failed.
Chairman Samuel asked for comments from the Commission.
Commissioner Schouviller stated he was originally opposed to the proposal but,
with the recommendation for a block wall along the north property line he was
comfortable with recommending approval.
Commissioner Little was concerned about the traffic generated by the facility.
Chairman Samuel was concerned about the disruptive effects the facility will
have on the surrounding businesses and school.
Chairman Samuel moved, seconded by Commissioner Kempf, to adopt findings
of fact and conclusions as contained in the August 20, 2009 staff report
identified as Alternate # 3.
Commissioners Samuel and Kempf voted yes and Commissioners Hay,
Schouviller and Little voted no. The motion failed.
Chairman Samuel stated he could not support Alternate # 1 because he did not
feel it contained the necessary information to support a denial of the permit.
Following additional discussion Commissioner Little moved, seconded by
Commissioner Kempf, to adopt findings of fact and conclusions as contained in
the August 20, 2009 staff report identified as Alternate # 1.
Commissioners Samuel, Little and Kempf voted yes and Commissioners Hay,
Schouviller and Little voted no. The motion passed.
Commissioner Little moved, seconded by Commissioner Kempf, based on the
findings of fact and conclusions identified in alternate # 1 the Planning
Commission recommend the City Council deny a special permit to Planned
Parenthood for the location of a Level-One Community Service Facility.
Commissioners Samuel, Little and Kempf voted yes and Commissioners Hay,
Schouviller and Little voted no. The motion passed.
Staff explained the recommendation would go to the City Council on October 5th
unless an appeal is filed. An appeal would cause a closed recorded hearing to
be held before the City Council.
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B. SPECIAL PERMIT Location of a Corn Maze/Farm in a R-S-20
Zone (2000 Block of Road 76) (Philipp
Schmitt/Haywire Farms) (MF# SP09-007)
Chairman Samuel read the master file number, explained the background on
the matter and asked for comments from staff.
David McDonald, City Planner explained staff provided a second set of findings
and conditions in the written report as requested by the Planning Commission.
It was pointed out that there were 32 conditions attached to the motion for
approval leading staff to believe that the location was not appropriate for a corn
maze. Staff is recommending Alternate # 2 which denies the corn maze and
approves a farm.
The Chairman asked staff if they had had a conversation with the applicant
about the farming activity currently taking place on the site.
Staff stated they had spoken with the applicant and indicated the applicant had
jumped the gun on the farming portion of the application in anticipation of the
special permit being approved.
The Chairmen explained he was disappointed with the applicant starting the
farm before the special permit was acted upon.
Commissioner Schouviller moved, seconded by Commissioner Hay, to adopt the
findings of fact and conclusions as contained in the July 16th 2009 staff report
identified as Alternate # 1. The motion was approved with one dissenting vote
by Commissioner Kempf.
Commissioner Schouviller moved, seconded by Commissioner Hay, based on the
findings of fact and conclusions identified in alternate #1, the Planning
Commission recommend the City Council grant a special permit to Phillip
Schmitt and Haywire Farms for the location of a farm and corn maze with
conditions as contained in the July 16, 2009 report. The motion was approved
with one dissenting vote by Commissioner Kempf.
Staff explained the matter would go to the City Council on October 5th unless an
appeal was filed. An appeal would cause a closed record hearing to be held
before the City Council in November.
C. REZONE Rezone from C-1 to R-1 (1300 Block of Road
36) (St. Martin) (MF# Z09-005)
Chairman Samuel read the master file number and asked for comments from
staff.
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Staff had no additional comments on the rezone.
Commissioner Hay moved, seconded by Commissioner Anderson, that the
Planning Commission adopt the Findings of Fact as contained in the September
17, 2009 staff report. The motion passed unanimously.
Commissioner Hay further moved, seconded by Commissioner Anderson, that
based on the Findings of Fact as adopted, the Planning Commission recommend
the City Council rezone the site from C-1 (Retail Business) to R-1 (Low-Density
Residential). The motion passed unanimously.
PUBLIC HEARINGS:
A. REZONE Rezone from R-1 to C-1 (4200 Block of West
Court) (Goodwin) (MF# Z 09-006)
Chairman Samuel read the master file number and asked for comments from
staff.
Staff explained the applicant had applied to rezone the property in question from
R-1 to C-1. Staff discussed the site location and reviewed surrounding zoning
and land uses along with other information contained in the written staff report.
Verl Goodwin, 557 Fir Road, Eltopia stated they inherited the property and
would like to rezone the property before it is sold.
Rick White, Community 8s Economic Development Director stated the Findings
of Fact were prepared to support a recommendation for approval.
Commissioner Little questioned the fence on the property.
Mr. Goodwin stated the fence will be moved to the new property line and the
vacant lot will be restored without a fence.
The public hearing was opened for public comment, after three calls and no
response, the hearing was closed.
Mr. McDonald, City Planner, stated when the report was being developed there
was discussion that some uses would not be compatible with the homes to the
north such as; car washes, and related facilities, etc. Staff is recommending
approval of the rezone with a concomitant agreement.
Commissioner Anderson moved, seconded by Commissioner Hay, 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 October 15, 2009 meeting. The motion passed unanimously.
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B. CDBG 2010-2014 Tri-Cities Consolidated Plan
(Citywide) (MF# CDBG 09-022)
Chairman Samuel read the master file number and asked for comments from
staff.
Mr. White stated the Plan concerns the Tri-Cities and is a very large document
with valuable information on data and trends for Pasco, Kennewick, and
Richland. This plan is on a 5-year cycle and we are in the stages of consolidating
comments and advice from the Planning Commission and eventually City
Council to prepare the 2010-2014 Consolidated Plan. The plan sets up a blue
print for the cities to use their Federal Entitlement dollars. Over the course of
the next couple of years, Pasco could receive up to $4 million in the lifecycle of
this plan in Federal aid. The Plan identifies the spending priorities for each city
through the strategic action plan, which begins on page 115. All the information
prior to this page contains the trends and data collected that identifies the
community's needs and community inventory to prepare the goals that are
contained in the action plan. There are eight goals that are key to advance the
three main purposes of the Community Block Grant and HOME program
purposes which are identified on the second page of the cover sheet as follows,
to provide: 1) decent housing, 2) economic opportunities, and 3) suitable living
environments to benefit primarily low to moderate income households.
The Planning Commission was being asked to advise staff if the goals in the
Strategic Action adequately advance the purposes of the City. The plan was
written to be very flexible. Staff discussed changes to the goals and pointed out
that goals for lead-based paint and to affirmatively further fair housing are now
included under the decent housing goal. Characteristics of the community were
highlighted from the plan. Public facilities, public services, economic
development and housing needs gathered from the stakeholder's forums
conducted in June of 2009 were also highlighted.
There was a brief discussion on the definition of homeless and the population
affected by homelessness.
Chairman Samuel asked what facilities were available in Pasco for the mentally
ill.
Commissioner Anderson stated that for homeless mentally ill persons there were
no facilities.
Chairman Samuel asked if there were facilities in Kennewick or Richland.
Commissioner Anderson answered that Carondelet can take them, but they have
to be referred by medical personnel. This remains a significant need in the Tri-
cities.
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Commissioner Little asked how the plan effects allocation of the funds. Staff
answered that it does not increase public service caps or administrative caps.
Commissioner Little asked about the economic development goals. Staff referred
to Page 115 where economic development goals are discussed.
Chairman Samuels asked about the strategy under the housing goals to
minimize concentration of new tax exempt housing. Staff replied that strategy
was to prevent concentration of low-income housing in existing low-income
neighborhoods.
Chairman Samuels asked about the public service accomplishments of Richland
and Kennewick for the disabled. Staff answered that Pasco uses public service
funding for City projects. It is a matter of policy and we are maintaining existing
programs and they are capped.
Additional discussion centered on the shortage of affordable housing, data
collection and the 2010 census. Staff pointed out better data would be available
after the 2010 Census next year.
Commissioner Samuels opened the item up for public comment. After three calls
the public hearing was closed.
Staff stated the Consolidated Plan would be forwarded to City Council for the
Workshop on October 12, 2009.
OTHER BUSINESS:
With no further business, the Planning Commission was adjourned at 8:22 pm.
David McDonald, Secretary
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REPORT TO PLANNING COMMISSION
MASTER FILE NO: Z09-006 APPLICANT: Verl Goodwin
HEARING DATE: 9/17/2009 1851 Bellevue Rd.
ACTION DATE: 10/15/2009 Pasco, WA 99301
BACKGROUND
REQUEST: REZONE: Rezone from R-1 to C-1 (42 15 W. Court Street)
1. PROPERTY DESCRIPTION:
Leal: Lot 2, Block 1 Cline Addition together with the westerly 50 feet
of Lot 1 of said plat
General Location: 4215 W. Court Street
Property Size: 0.68 Acres
2. ACCESS: The property has access from Court Street.
3. UTILITIES: All municipal utilities are available at the site.
4. LAND USE AND ZONING: The site is currently zoned R-1 (Low Density
Residential) and is vacant. Surrounding properties are zoned and
developed as follows:
North: R-S-12 Single Family Residences
South: R-S-12 Single Family Residences
East: R-1 Single Family Residence
West C-1 Retail Business
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area
for commercial uses. This designation encourages the development of
retail businesses, service businesses and offices. The rezone proposal is
consistent with the Plan.
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 applicant is seeking a rezone for the property in question from the current
R-1 (Low Density Residential) zoning to C-1 (Retail Business) zoning. No
associated development is proposed at this time.
1
This property was annexed in 1987, and zoned R-1 to avoid creating a non-
conformity due to the fact the adjacent single-family residence was parceled
together with the property in question. The site has remained vacant ever since
annexation to the City.
The adjacent properties to the west are zoned C-1 and contain a flower shop
and a Seven-Eleven convenience store. A convenience store has been located
on the corner of Road 44 and Court Street since 1964. The Flower Basket
property was originally developed with a retail building in 1980 and then
rebuilt several times beginning in the late 1990's. Due to the size and shape of
the lot coupled with the fact it is located on a heavily traveled arterial, the
property is somewhat difficult to develop for residential purposes. However, the
traffic volumes at this location may be considered an asset for commercial
development.
The site is located within a contiguous corridor extending along Court Street
which is identified for commercial uses on the Comprehensive Plan Land Use
Map. The proposed rezone is consistent with the Plan.
The zoning regulations anticipate situations where commercial properties may
adjoin properties with less intense zoning such as the lots to the north of the
site which are zoned R-S-12. If the parcel in question were to be rezoned to C-
1, future development on the site would be required to include a landscaped
buffer along the north property line. While the Comprehensive Plan indicates
the site should be used for commercial purposes and zoning regulations
require protective buffers, there still may be some uses that would not be
appropriate for the site. Uses such as car washes have been proven to be
incompatible activities next to residential areas. The Planning Commission has
the option of limiting uses such as car washes through the use of a
concomitant agreement.
Currently, all municipal utilities are available to the site in Court Street and
are of adequate capacity to serve commercial development. The site has good
access from Court Street. The site has adequate lot frontage to support a
commercial ingress/egress driveway.
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 annexation the adjoining property to the west has been
redeveloped with a larger retail business.
2
• Since annexation, retail and office development has expanded at
both Road 40 and Court Street and Road 44 and Court Street.
• Sewer utilities have been installed in Court Street and surrounding
streets since the property was annexed.
• The Riverview Methodist Church at the corner of Road 40 and
Court Street (500 feet to the east) is expanding and redeveloping.
2. Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
The rezone will enhance development opportunities which may lead to the
property being utilized for productive purposes. Development of the property
will eliminate 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. Other commercially zoned
properties on the block have co-existed with the residential properties to the
north since the early 1950's. A search of the Franklin County Assessor's
records indicate the value of residential properties to the north of the existing
C-1 properties have increased in value in recent years.
4. The effect on the property owners if the request is not granted:
The property is currently undeveloped and has been for many years. Without
rezoning the property the owners will have land zoned contrary to the
Comprehensive Plan designation. It will be difficult to develop the property in a
manner consistent with the current R-1 zoning in this location.
5. The Comprehensive Plan land use designation for the property:
The Comprehensive Plan designates the site for commercial development. The
proposed rezone is for C-1 (Retail Business) 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.
3
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-1 (Low-Density Residential).
2) The site is vacant.
3) Adjoining properties in the same block have been zoned C-1 and developed
retail businesses prior to annexation in 1987.
4) The first retail business was located on the block in 1964 at the corner of
Road 44 and Court Street.
5) Since the late 1980's retail and office development has occurred near the
intersection of Road 44 and Court Street and Road 40 and Court Street.
6) Sewer service is now available in Court Street.
7) The Comprehensive Plan designates the site for commercial uses.
8) The zoning regulations require commercial developments to construct a
landscaped buffer along common property lines with residential uses.
9) The site is located adjacent to shopping areas, employment areas, and
transit routes.
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 is consistent with the land use map and various Goals and Policies
of the Plan. Policy LU-3-B encourages infill in support of more
intensive/walkable neighborhoods. Policy LU-3-D encourages mixed-use
development to promote walkable communities. The proposal promotes the
potential to develop the site with a business that will serve the surrounding
neighborhood making it a more convenient place to live.
Policy LU-1-C encourages the clustering of commercial development and
discourages strip development. The Plan (Policy LU-4-A) also encourages the
location of commercial activities at major street intersection. The property in
question is in an area that was partially developed for commercial uses when the
area was in the county. The future Land Use Map recognized the commercial
nature of surrounding properties and the fact that the site was functionally
convenient to development at major street intersections.
(2) The effect of the proposal on the immediate vicinity will not be materially
detrimental.
4
According to Franklin County Assessor records, property values for single-family
units in the neighborhood have increased over the last 5 years. Such is true for
those residences north of and adjacent to the Seven-Eleven convenient
store/filling station directly to the west. The Seven-Eleven store has been
located on the block since 1964. Zoning regulations require commercial
development to install protective buffers between commercial and residential
uses to minimize compatibility issues that may be detrimental to residential
uses. To further address possible adverse impacts, the Planning Commission
has the option of requiring the applicant to enter into a concomitant agreement.
(3) There is merit and value in the proposal for the community as a whole.
The proposal has merit because it will allow infill development to occur consistent
with the Land Use designation provided in the Comprehensive Plan. Enabling the
property to develop commercially will implement the Comprehensive Plan and
promote the community's welfare.
(4) Conditions should be imposed in order to mitigate any significant
adverse impacts from the proposal.
In the past car washes located in commercial zones adjacent to residential
neighborhoods have created compatibility problems. Automotive repair facilities
and similar services may also create compatibility issues. These problems can
be eliminated by requiring a concomitant agreement.
(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.
The petitioner should enter into an agreement with the city to minimize impacts
that may be associated with certain uses that have had a history of
incompatibility with nearby residential development.
RECOMMENDATION
MOTION for Findings of Fact: I move the Planning
Commission adopt the Findings of Fact as contained in the
October 15, 2009 staff report.
MOTION for Recommendation: I move, based on the Findings
of Fact as adopted, the Planning Commission recommend the City
Council rezone the site from R-1 (Low Density Residential) to C-1
5
(Retail Business) with a concomitant agreement precluding
carwashes. g
6
Item: Rezone - R- 1 to C- 1
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MEMORANDUM
DATE: October 15, 2009
TO: Planning Commission
FROM: Dave McDonald, City Planner
SUBJECT: Broadmoor Sub-Area Plan Concept Plan
In 2004, city staff and the Planning Commission were assisted by a consultant in a land use and
market study for the 1,000 acres of mostly undeveloped land located west of Broadmoor
Boulevard and north of Harris Road. The study advanced a number of development concepts for
this area and provided four detailed site development schemes for possible future development.
It was about the time the study was being completed that Central Pre-Mix applied for a
modification of their special permit to allow the operation of an asphalt plant. Activities
surrounding the asphalt plant application and the fact that property owners were concerned about
the land use section of the study being overly specific, stopped the forward movement of the study
and plan. Despite the fact property owners were invited to participate in the plan development
process, the high level of detail in the areas of street layout and land use were not supported.
Concepts in the plan were never formally adopted by the city.
Much of the growth experienced by the community has occurred west of Road 36 and as a result
there are only a few large undeveloped areas left to accommodate future growth. The most
significant undeveloped area encompasses the undeveloped properties west of Broadmoor
Boulevard. This area is sometimes referred to as the Broadmoor Area.
Staff has prepared a draft sub-area plan for the Broadmoor Area that is less detailed than the 2004
planning effort. The draft plan is more of a conceptual plan rather than a detailed plan and it
identifies development concepts and policy statements that can be used to guide future
development.
The proposed plan was reviewed by the Planning Commission in a workshop during the July
Planning Commission meeting. On August 4th a copy of the draft plan was mailed to property
owners within the boundaries of the study area. The property owners were then invited to attend a
meeting with staff on August 24th for the purpose of providing comments on the plan. From the
feedback received from property owners there was general agreement with the broad concepts in
the proposed plan.
A hearing has been set for the October 15, 2009 Planning Commission meeting to receive public
testimony and make a recommendation to the City Council.
1
Findings of Fact
The following are initial findings drawn from a review of proposed Volume II.
The Planning Commission may add additional findings to this list as the result
of factual testimony and evidence submitted during the public hearing.
1. Pasco has experienced a rapid rate of growth since 2000.
2. The city's population has increased from 32,066 in 2000 to over 54,000
in 2009.
3. Based on estimates from the Office of Financial Management, Pasco
could grow by another 30,000 people by 2027.
4. Most of the community growth over the last decade has occurred west of
Road 36.
5. Over 3,000 acres of land have been rezoned and approved for
development since 2000.
6. Few large undeveloped tracts remain in west Pasco.
7. The most significant area remaining undeveloped within the city limits is
the Broadmoor Area west of Broadmoor Boulevard and north of Harris
Road.
Recommendation
MOTION for Findings of Fact: I move to adopt the findings of fact and
conclusions as contained in the Broadmoor Sub-Area Plan Concept Plan
staff memo dated October 15, 2009.
MOTION for Recommendation: I move based on the findings of fact
and conclusions therefrom, the Planning Commission recommend the
City Council adopt the Broadmoor Sub-Area Plan Concept as a guide for
future development in the Broadmoor Area.
2
MEMORANDUM
DATE: October 15, 2008
TO: Planning Commission
FROM: Dave McDonald, City Planner
SUBJECT: Code Amendment Title 19 & 25 dealing with RV's and Residential Parks
In 2008 the State Legislature amended the State Law by prohibiting cities from
excluding mobile homes or manufactured homes from mobile home parks based
on the age or dimensions of a mobile or manufactured home. The Pasco
Municipal Code does not restrict the location of mobile or manufactured homes
in mobile home parks because of age or dimensions. If a mobile or
manufactured home is older than 10 years it must have a life safety inspection
performed by the Department of Labor & Industries prior to being issued a
Pasco placement permit. The law allows cities to require compliance with fire
and safety regulations when considering the issuance of permits for the
placement of a manufactured home in a mobile home park. The Pasco
Municipal Code is in compliance with State Law; however, our definition for
mobile homes includes certain dimensions for both widths and lengths. The
State definition does not include dimensions. The attached code amendment
modifies the Pasco definition for mobile homes to conform with the State
definition.
The State Law dealing with mobile home parks was further amended in 2009 to
preclude cities from adopting regulations that would directly or indirectly prevent
the placement of a recreational vehicle in mobile home parks to be used as a
primary residence.
Recognizing there may be fire and safety issues related to the use of RV's as
permanent residences the law permits cities to impose fire, safety, or other
regulations that may be necessary to secure public safety. The law also allows
cities to require utility hookups that are consistent with state or federal codes.
RV's without onboard bathroom facilities may be permitted in mobile home
parks as permanent dwellings provided the mobile home park has a community
building with toilets and showers.
Current regulations in Pasco do not permit RV's to be occupied in mobile home
parks (Residential Parks). The Pasco code needs to be amended to reflect
changes in the State Law.
The proposed ordinance amends Titles 19 (Mobile Homes) and 25 (Zoning) to
permit the location of RV's in Residential Parks provided a number of fire and
safety standards (see Section 8) are met.
A Public Hearing has been for the scheduled for the October 15, 2009 meeting.
Findings to support the adoption of the proposed ordinance are listed below.
Findings of Fact
1) The City of Pasco has enacted development regulations as required by the
Growth Management Act that encourage orderly growth and development.
These land use regulations also further the purpose of promoting the
health, safety, convenience, comfort, prosperity and general welfare of the
present and future inhabitants of the community, and are designed:
(1) To encourage and facilitate the orderly growth and
development of the Pasco Urban Area;
(2) To provide adequate open space for light and air, to
prevent overcrowding of the land, and to lessen congestion on the
streets;
(3) To secure economy in municipal expenditures, to
facilitate adequate provisions for transportation, water, sewer,
schools, parks, and other public facilities and services;
(4) To increase the security of home life and preserve
and create a more favorable environment for citizens and visitors of
the Pasco Urban Area;
(6) To secure safety from fire, panic and other dangers;
(7) To stabilize and improve property values;
(8) To enhance the economic and cultural well being of
the inhabitants of Pasco;
(9) To promote the development of a more wholesome,
serviceable and attractive city resulting from an orderly, planned
use of resources.
2) The City's development regulations include provisions for the location of
manufacture homes, mobile homes and recreational vehicles within the
City.
3) The Revised Code of Washington (35A.21.312) precludes a city from
restricting the location of mobile homes or manufactured homes in mobile
home parks or manufactured home communities based on the age or
dimension of a mobile home or manufactured home.
2
4) The Revised Code of Washington (35A.21.312) precludes a city from
adopting an ordinance that has the effect, directly or indirectly, of
preventing the use of a recreational vehicle as a primary residence in a
manufactured/mobile home community except as provided in RCW
35A.21.312 (4).
5) The Revised Code of Washington recognizes the importance of fire and
safety regulations associated with the siting of recreational vehicles as a
primary residence and permits the imposition of local fire, safety and other
regulations related to the location of recreational vehicles in
manufactured/mobile home communities.
6) The State of Washington Legislature also recognized the importance of
securing safety of life and property from fire and other hazards when it
established the State Building Code Council.
7) The State Building Code Council has developed and adopted building,
mechanical, fire, plumbing, energy and indoor air quality codes for the
State of Washington.
8) The codes adopted by the State Building Code Council provide minimum
requirements to safeguard the public safety, health and general welfare
through structural strength, means of egress, stability, sanitation, light,
ventilation, energy conservation and safety to life and property from fire
and other hazards attributed to the built environment.
9) The Washington State Legislature found (RCW 36.70A.280) that the State,
including its counties, cities and residents, must engage in activities that
reduce greenhouse gas emissions and dependence on foreign oil but failed
to take that into consideration when recreational vehicles were permitted as
primary residences.
10) The State Legislature's concern for the life, safety and general welfare of
state residents related to the use and occupancy of buildings and places of
primary abode is exhibited through the adoption of Sate-wide building, fire,
energy, indoor air quality and other related codes.
11) All residents of Pasco regardless of their race, religion, national origin or
economic status are important to the community and must be afforded
equal protection under the law from the dangers of fire, poor indoor air
quality, substandard protection from the elements of nature, and other
hazards associated with the use and occupancy of buildings and places of
primary residence.
3
Recommendation
MOTION: I move the Planning Commission adopt the Findings of
Fact and conclusions as contained in the October 15, 2009 staff memo
on code amendments for Title 19 and 25.
MOTION: I move the Planning Commission recommend the City
Council adopt the proposed code amendments modifying PMC Title 19
and PMC Title 25 as attached to the October 15, 2009 staff memo to the
Planning Commission.
4
MEMORANDUM
DATE: October 15, 2009
TO: Planning Commission
FROM: Shane O'Neill, Planner I
SUBJECT: Code Amendment (MF# CA09-002) - Recreational Vehicle Parking in
Suburban Zones
The purpose of this Code Amendment (MF# CA09-002) is to review the existing
standards for recreational vehicle parking in suburban residential zones.
For many years the city has had zoning standards dealing with the storage of RV's in
residential zoning districts. Essentially those standards permit the parking and storage
of RV's in all yard areas of the R-1 through R-4 zones and only in the side and rear
of the suburban zones. In areas of the County, later annexed into the City,
residents in suburban district have continued to park their RV's in front yard areas as
they did before annexation.
Staff has been asked to review the residential RV parking provisions with the Planning
Commission to explore the possibility of developing modifications to the existing
standards.
One direction of thinking is to partially relax the standards for front yard RV parking
by permitting them in what would be considered the side yard portion of the front yard.
This idea is expressed in Alternatives 1 8v 4. In order to ensure public health and
safety by maintaining good sight visibility, staff recommends imposing an RV parking
setback. Alternative 1 imposes a fifteen (15) foot RV parking setback and Alternative 4
imposes a ten (10) foot RV parking setback.
Alternatives 2 8s 3 use the same parking setbacks but allow RV parking in any front
yard area. These Alternatives lift the code requirement to comply with section
25.78.030, specifying the exact location of accessory parking pads, in suburban zones.
Lifting said requirements would allow vehicle parking directly in front of homes where
parking is not regularly permitted in any residential zone. The resultant physical
environment would conflict with the purpose of residential zoning by creating excessive
parking allowances in highly visible locations. Alternatives 2 & 3 provide the greatest
degree of flexibility when locating RV's in suburban zones; however they are not staff's
preferred Alternatives.
Contained in the packet are illustrations of the allowable parking areas associated with
each Alternative as well as examples of RV parking in suburban zones. Annotated
photos are designed to show how each Alternative effects the physical environment.
To help guide the decision making process staff has developed the following questions:
1
- Is there a need to modify the current RV parking requirements?
- Is it desirable to retain obstruction free front yards?
- Should RV parking requirements in suburban zones differ from other
residential zones?
Recommendation
After review by and direction from Planning Commission, staff will set a date to
conduct a public hearing.
2
ALTERNATIVE 1
- Strike language in PMC 25.78.140 specifying zoning districts; thus allowing RV parking in all
yard areas in all residential zones with regulations on the exact location of RV parking pads
within front yards. This alternative would impose a fifteen (15) foot RV parking setback to
the R-S-12, R-S-20 and R-S-1 zones.
25.78.140 RECREATIONAL EQUIPMENT PARKING: Boats, motor homes, camp trailers, travel trailers,
fifth wheels, pickup campers, utility trailers, and snowmobiles as defined herein may be stored in all
yard areas within -He R 1, k 2, k 3, d k 4 di tF„-t. -, may-within the side a .EJs : the k
-j,R3 - all residential zones. All storage areas shall be surfaced with all weather
materials such as asphalt, brick stone, concrete or gravel. Additionally, the storage and parking of said
items in all residential zoning districts shall, at all times, comply with the parking conditions in Section
25.78.030(4) provided that all Recreational Vehicles in suburban zones shall be located no closer than
fifteen (15) feet from any right-of-way. Bonified guests of the occupants of the premises may
temporarily park on driveways for periods not to exceed 10 days in any 60 day period. (Ord. 3354 Sec. 2,
1999.)
25.78.030 GENERAL PROVISIONS: (4)...An additional area between the nearest side property line and
the rip mary driveway of not more than 10 x 20 feet may be used for additional parking.
New allowable
RV parking area
Alternative #1
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ALTERNATIVE 2
- Strike language in PMC 25.78.140 specifying zoning districts; thus allowing RV parking in all
yard areas in all residential zones. Modify language requiring compliance with Section
25.78.030(4)thus allowing RV parking in the entire front yard with a 15 foot parking setback
in R-S-12, R-S-20 and R-S-1 zones.
25.78.140 RECREATIONAL EQUIPMENT PARKING: Boats, motor homes, camp trailers, travel trailers,
fifth wheels, pickup campers, utility trailers, and snowmobiles as defined herein may be stored in all
yard areas within ,he R 1, R 2, R 3, and k 4 di5tF EtS, afid E)H4Y-W44ifi the Side a110 US iH th k
aa„ii all residential zones. All storage areas shall be surfaced with all weather
materials such as asphalt, brick stone, concrete or gravel. Additionally, the storage and parking of said
items in suburban residential zoning districts (R-S-12, R-S-20 and R-S-1) shall, at all times, Ee!,;piy with
the paFkiRF E9R ensinSpetie.-, .79.030(4) pFev+o that ;;I! e4s shall be located no
closer than ten (15) feet from any right-of-way. Accessory parking pads in the R-1, R-2. R-3 and R-4
zones shall, at all times, comply with the parking conditions in Section 25.78.030(4). Bonified guests of
the occupants of the premises may temporarily park on driveways for periods not to exceed 10 days in
any 60 day period. (Ord. 3354 Sec. 2, 1999.)
25.78.030 GENERAL PROVISIONS: (4)...An additional area between the nearest side property line and
the primary driveway of not more than 10 x 20 feet may be used for additional parking in the R-1, R-2, R-
3 and R-4 zones only.
New allowable
= RV parking area
Alternative #2
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ALTERNATIVE 3
- Strike language in PMC 25.78.140 specifying zoning districts; thus allowing RV parking in all
yard areas in all residential zones. Modify language requiring compliance with Section
25.78.030(4)thus allowing RV parking in the entire front yard with a 10 foot parking setback
in R-S-12, R-5-20 and R-S-1 zones.
25.78.140 RECREATIONAL EQUIPMENT PARKING: Boats, motor homes, camp trailers, travel trailers,
fifth wheels, pickup campers, utility trailers, and snowmobiles as defined herein may be stored in all
yard areas within the R it R 7 R 3 and R A .distFkla. the sTCd-e-e ,f4 e:ii-ya 4s-lfr iit '-K-S--
?(�--RR-S-1 ? diS s all residential zones. All storage areas shall be surfaced with all weather
materials such as asphalt, brick stone, concrete or gravel. Additionally, the storage and parking of said
items in suburban residential zoning districts (R-S-12, R-S-20 and R-S-1) shall, at all times, p;y kvith
thepaFkiRg E9 - shall be located no
closer than ten (10) feet from any right-of-way. Accessory parking pads in the R-1, R-2, R-3 and R-4
zones shall, at all times, comply with the parking conditions in Section 25.78.030(4). Bonified guests of
the occupants of the premises may temporarily park on driveways for periods not to exceed 10 days in
any 60 day period. (Ord. 3354 Sec. 2, 1999.)
25.78.030 GENERAL PROVISIONS: (4)...An additional area between the nearest side property line and
the primary driveway of not more than 10 x 20 feet may be used for additional parking in the R-1, R-2, R-
3 and R-4 zones only.
New allowable
RV parking area
Alternative #3
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ALTERNATIVE 4
- Strike language in PMC 25.78.140 specifying zoning districts; thus allowing RV parking in all
yard areas in all residential zones with regulations on the exact location of RV parking pads
within front yards. This alternative would impose a fifteen (10) foot RV parking setback to
the R-S-12, R-S-20 and R-S-1 zones.
25.78.140 RECREATIONAL EQUIPMENT PARKING: Boats, motor homes, camp trailers, travel trailers,
fifth wheels, pickup campers, utility trailers, and snowmobiles as defined herein may be stored in all
yard areas within , t4 2 „-i , 4t- +-,O-i E 6 F Yd F U s-H
20 R S " and R S , ai< all residential zones. All storage areas shall be surfaced with all weather
materials such as asphalt, brick stone, concrete or gravel. Additionally, the storage and parking of said
items in all residential zoning districts shall, at all times, comply with the parking conditions in Section
25.78.030(4) provided that all Recreational Vehicles in suburban zones shall be located no closer than
fifteen (10) feet from any right-of-way. Bonified guests of the occupants of the premises may
temporarily park on driveways for periods not to exceed 10 days in any 60 day period. (Ord. 3354 Sec. 2,
1999.)
25.78.030 GENERAL PROVISIONS: (4)...An additional area between the nearest side property line and
the primaLy driveway of not more than 10 x 20 feet may be used for additional parking.
New allowable
= RV parking area
Alternative #4
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ALTERNATIVE 5
- No action alternative. The Code currently restricts RV parking in any front yard in the R-S-
20, R-S-12 and R-S-1 zones; thusly there is no required RV parking setback from rights-of-
way.
25.78.140 RECREATIONAL EQUIPMENT PARKING. Boats, motor homes, camp trailers, travel trailer, fifth
wheels, pickup campers, utility trailers, and snowmobiles as defined herein may be stored in all yard
areas within the R-1, R-2, R-3, and R-4 districts, and only within the side and rear yards in the R-S-20, R-
S-12 and R-S-1 districts. All storage areas shall be surfaced with all weather materials such as asphalt,
brick stone, concrete or gravel.Additionally, the storage and parking of said items in residential districts
shall, at all times, comply with the parking conditions in Section 25.78.030(4). Bonified guests of the
occupants of the premises may temporarily park on driveways for periods not to exceed 10 days in any
60 day period. (Ord. 3354 Sec. 2, 1999.)
25.78.030 GENERAL PROVISIONS: (4)...An additional area between the nearest side property line and
the primary driveway of not more than 10 x 20 feet may be used for additional parking.
Current allowable
RV parking area
Alternative #5
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