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Home My WebLink About07-26-2012 Planning Commission Packet PLANNING COMMISSION - AGENDA REGULAR MEETING 7:00 P.M. July 26, 2012 I. CALL TO ORDER: II. ROLL CALL: Declaration of Quorum III. PLEDGE OF ALLEGIANCE: IV. APPROVAL OF MINUTES: June 21, 2012 V. OLD BUSINESS: VI. PUBLIC HEARINGS: A. Special Permit Location of a church in a C-1 District (Bethel Church) (MF# SP 2012-012) B. Special Permit Location of a church in a C-1 District (World Life Christian Center) (MF# SP 2012- 013 C. Special Permit Location of an Elementary School in an R- S-1 District. (Rd 52 & Powerline Rd)(MF# SP 2012-014) D. Block Grant Administration 2013 Community Development Block Grant (CDBG) Fund Allocations (MF# BGAP 2012- 003 E. Block Grant Administration 2013 HOME Fund Allocations (MF# BGAP 2012-004) F. Block Grant Administration 2013 Neighborhood Stabilization Program (NSP) Fund Allocations (MF# BGAP 2012- 005 G. Block Grant Administration Significant Amendment to the 4th Avenue Wall (MF# BGAP 2012-006) VII. OTHER BUSINESS: A. Code Amendment Special Permits for Donation-Based Thrift Stores in "CR" Zones VIII. WORKSHOP: A. Code Amendment Revisions to P.M.C. 25 (MF# CA 2011-006) IX. ADJOURNMENT: REGULAR MEETING June 21, 2012 PLANNING COMMISSION MEETING CALL TO ORDER: The meeting was called to order at 7:OOpm by Chairman Cruz. POSITION MEMBERS PRESENT MEMBERS ABSENT No. 1 Michael Levin No. 2 Vacant No. 3 Andy Anderson No. 4 Alecia Greenaway No. 5 Joe Cruz No. 6 Vacant No. 7 Zahra Khan No. 8 Jana Kempf No. 9 Paul Hilliard APPEARANCE OF FAIRNESS: Chairman Cruz read a statement about the appearance of fairness for hearings on land use matters. Chairman Cruz asked if any Commission member had anything to declare. Commissioner Anderson declared that he needed to excuse himself from agenda item VI.A, 2013 Community Development Block Grant (CDBG) Fund Allocations (MF# BGAP2012-003) because he had been working with one of the applicants. Chairman Cruz then asked the audience if there were any objections based on a conflict of interest or appearance of fairness questions regarding the items to be discussed this evening. There were no objections. ADMINISTERING THE OATH: Chairman Cruz explained that state law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Chairman Cruz swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Greenaway moved, seconded by Commissioner Anderson, that the minutes dated May 17, 2012 be approved as mailed. The motion passed unanimously. -1- OLD BUSINESS: A. Special Permit Expansion of a jail (Franklin County Jail) (MF# SP2012-0111 Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed changes in the staff report. Some of the conditions were modified after the previous meeting to reflect testimony that was provided in the hearing relating to light spillage on the west side of the proposed expansion. The report also added language on ornamental fencing on the east side of the building as well as clarification of the landscaping strip along 5th Avenue and Marie Street. Chairman Cruz asked a question in regards to one of the conditions relating to exterior finishing materials matching that of the existing structures. Commissioner Khan moved, seconded by Commissioner Anderson, to adopt findings of fact and conclusions as contained in the June 21, 2012 staff report. The motion carried unanimously. Commissioner Khan moved, seconded by Commissioner Anderson, based on the findings of fact and conclusions that the Planning Commission recommend the City Council grant a Special Permit to Franklin County to expand the County courthouse and correctional facility with conditions as contained in the June 21, 2012 staff report. The motion carried unanimously. Mr. McDonald explained that this item will go to City Council at the next regular meeting unless an appeal is filed. B. Zoning Rezone from R-1 (Low Density Residential) and C-1 (Retail Business) to R-3 (Medium Density Residential) (Pasco Family Housing) (MF# Z2012-001) Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, explained that in March the Planning Commission reviewed this item and forwarded a recommendation to the City Council that the property in question be rezoned from R-1 and C-1 to R-3 with a condition limiting access. The Council reviewed the recommendation on May 7, 2012 and May 21, 2012. The matter was remanded to the Planning Commission to address specific items relating to potential impacts of multi-story buildings across from single-family homes on Charles Avenue, as well as potential impacts on the Pasco School District. Mr. McDonald further explained the property was currently zoned R-1 and C-1. The R-1 District permits houses to be constructed up to 25 feet in height while the C-1 District permits building heights of 35 feet. If the property was zoned R-3 building heights would be permitted up to 35 feet. There was a concern by some that if the -2- developer built 35 foot tall apartments, it may cause an impact on the low-rise single- family homes on the east side of Charles Avenue. Mr. McDonald suggested possible remedies included limiting the height of buildings and increasing the setbacks so that the taller height wouldn't impact the surrounding properties as much. It was recommended the Planning Commission limit building heights to 25 feet and include a larger setback for property located north of George Street. In regards to the school impact question Mr. McDonald explained that earlier in the year the City Council passed an ordinance requiring school impact fees of all new residential developments. Information was provided in the staff report reflecting what the School District anticipates for impacts resulting from housing development. The proposed rezone would allow the property to develop with 51 units, which could bring 30 additional students, where if it developed with single-family the School District could see an additional 16 students. The School District has indicated through correspondence to the city and through their Capital Facilities Plan that school impact fees will address most of the concerns related to the impacts of new residential development. There was no recommendation or modification from the prior report related to the School District. Commissioner Greenaway stated that there should be a 25 foot building height maximum on all sides of the property. Commissioner's Anderson, Khan, Cruz and Kempf agreed with the 25 foot building height maximum. Commissioner Greenaway moved, seconded by Commissioner Khan, to adopt the additional findings of fact and modified conclusions therefrom as contained in the staff memo of June 21, 2012. The motion passed unanimously. Commissioner Greenaway moved, seconded by Commissioner Khan, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council approve the amended rezone from C-1 (Retail Business) and R-1 (Low Density Residential) to R-3 (Medium Density Residential) with a concomitant agreement prohibiting access to the property from Charles Avenue and limiting building heights to 25 feet. The motion passed unanimously. PUBLIC HEARINGS: A. Block Grant Administration 2013 Community Development Block Grant (CDBG) Fund Allocations (MF# BGAP2O12-003) Chairman Cruz read the master file number and asked for comments from staff. Angie Pitman, Block Grant Administrator, gave a brief summary of the Community Development Block Grant (CDBG) Program and the 2013 proposals. Notice of the hearing was posted in the Tri-City Herald and the applicants were to present their proposed projects. -3- In 2009, HUD approved the Tri-Cities Consolidated Plan which spelled out goals and strategies for use of all block grant funds in the Tri-Cities for the next five years. An Annual Work Plan forms the basis for carrying out the goals of the Consolidated Plan and determines which activities CDBG funds will be used for in that period. Pasco's entitlement from HUD for 2013 is estimated to be $580,000 based on the prior year's entitlement. There is $121,000 available for reallocation from prior programs making the total available roughly $702,000 for use in 2013. Seventeen proposals were received totaling approximately $2.8 million. A selection criterion has been outlined to help with deciding which activities need to be funded. Each proposal is reviewed for eligibility, national objectives, Consolidated Plan goals and local allocation plans to focus on needs that Pasco City Council has identified. All activities must clearly demonstrate that they meet the national objective, primarily benefiting low-moderate income persons, aid in prevention and elimination of blight or meet an urgent need. Deb Brumley, 940 Florence St, Prosser, WA, spoke on behalf of Catholic Family Services-Volunteer Chore Services. Ms. Brumley stated that Volunteer Chore Service has a long established relationship with the City of Pasco. The proposed project will serve senior citizens, with the median age of 72, and a median income of $800 per month. The grant money would be coupled with volunteer hours to produce vital services for seniors, such as putting in hand rails and handicap ramps. In the past year five seniors in the City of Pasco were served; one ramp completed and four underway. The request for 2013 is for $4,000 to help build seven additional ramps. Rick White, Community & Economic Development Director, spoke on behalf of the City of Pasco's proposals: CDBG Program Administration, Civic Center Youth Recreation Specialist, Martin Luther King Community Center Recreation Specialist, Senior Citizen's Center Recreation Specialist, Code Enforcement Officer, LID #149 Special Assessment, Replacement of the Kurtzman Pool with Spray Park and ADA Improvements. Most of these activities are the same from prior years with the exception of the Replacement of the Kurtzman Pool with Spray Park and ADA Improvements. The ADA Improvements are a continuation of an effort that the Planning Commission recommended for approval last year. It is to install ADA ramps or replace substandard ADA ramps. Those activities must be located in low-moderate income census tracts for an area-wide benefit. The Kurtzman Park Pool Replacement is for further improvements for the Kurtzman Park neighborhood. It would replace the existing aging pool which has been a maintenance challenge with a spray park causing maintenance costs to decrease and would still be a significant recreational asset in the park. The LID #149 Special Assessment is a project that has been to Planning Commission for the past three years. The CDBG funds would pay for low income family's LID assessment. It has been a selling point for the improvements. Chairman Cruz asked if the Kurtzman Spray Park was consistent with the long term proposal for the pools previously discussed. -4- Mr. White answered yes and that in the future more City pools might be on the list. Louisa Alaniz, 3 Zinnia Court, spoke on behalf of Charity Training Center. Their organization has applied the past several years. Ms. Alaniz stated that she developed the Anti-Gang Prevention/Intervention Program and Youth Organic Farmers/Produce Co-Op through her experience as a farm worker. It would help high risk families, anti- gang members or gang members as they cannot be employed with their long history of criminal record. If employment cannot be provided for those people in the public then she feels someone needs to employ them. Ms. Alaniz feels that these programs are needed in Pasco to assist law enforcement. Commissioner Levin asked where the proposed projects would be located. Ms. Alaniz answered that the land would be donated by the families themselves, such as their backyards. She also said that she is working with someone who is purchasing land for the purpose of these projects. Commissioner Khan stated that the proposed projects are worthy causes, however, the proposals lacked the details that the Planning Commission needs to support the organization financially. Ms. Alaniz asked what her proposal lacked. Chairman Cruz responded that there aren't any other sources of revenue on either proposal. Most organizations are requesting CDBG funds to be matched with other sources or money. The Planning Commission looks for organizations that have a strong history and track record, which both proposals lack. He stated that in the future, teaming up with a reputable organization with a history might be helpful, but as the proposals stand at the present time, they are not attractive for block grant funding. If help is needed in forming the proposals or finding other grants, City Staff can direct organizations in the right direction. Ms. Pitman stated that she can point Ms. Alaniz in the direction of finding grants more suited to their organization's needs. Victoria Silvernail, 120 Thayer Drive, Richland, WA spoke on behalf of the Pasco Specialty Kitchen. Her organization is requesting $65,000. They have 45 clients in the kitchen, 12 of which are in their own "store fronts". There are close to 75 jobs that the clients in their own store fronts have created over the years and still building. Getting the support and education has been important for these businesses. Many of the clients have built their business up so much that they have to hire more employees to help them. The Specialty Kitchen also partners with the School District, adding scholarships. Chairman Cruz asked who some of the recent graduates were of the program. Ms. Silvernail answered that Millie Banks with Cupcakes Deli has a store front and two employees. Recently, Agape Events has moved on to do complete events with seven employees. -5- Amy Kuchler, 7720 Three Rivers Drive, spoke on behalf of the Downtown Pasco Development Authority's Fagade Improvement proposal. The Fagade Improvement program is a cornerstone piece in the revitalization in economic development of Downtown Pasco. Improving facades helps achieve a cohesive look, encourage community pride, increases shopping visits to the area as well as the dollar amount spent each trip. Most importantly, fagade improvements create jobs for local residents. This program is coordinated with the City of Pasco as well as Columbia Basin College. If funded for 2013, there would be the ability to complete two-three fagade improvements. If not funded, fagade projects will have to be put on hold for 2013. Chairman Cruz asked how many facades were completed in the past year. Ms. Kuchler answered that one fagade was completed. Viera's Bakery and another property owner who has three facades on 4th Avenue and one fagade on Lewis have been contacted to do fagade improvements. These owners would most likely be able to use 2012 funds as well as 2013 funds. Brian Ace, 1102 N. Irving Place, Kennewick, WA spoke on behalf of the Boys 8s Girls Club of Benton & Franklin Counties. The proposed building is located at 801 N. 18th Avenue. The mission of Boys & Girls Club is "To enable all young people, especially those who need us most, to reach their full potential as productive, caring, responsible citizens." The proposal is for safety improvements, such as asbestos abatement in the Learning Center and the office, making flooring changes as well as ADA improvements inside and outside the building, including doors, a restroom and a ramp. Judith Gidlcy, 4205 Mcadowview Drive spoke on behalf of the Benton Franklin Community Action Connections. They have two proposals; HOME Base Affordable Housing and Community Housing Improvement Program Minor Rehab/Repairs. Benton Franklin CAC currently provides low income energy assistance to homes. Approximately 2,800 households are helped each year. During the process people are screened for those who have heat or lack of heat in their homes. For the Community Housing Improvement Program, the CDBG funds would allow them to do energy efficient upgrades, hazardous material identification and removal. They are requesting $50,000 and they can match funds for that project. The HOME Base Affordable Housing proposal is a continued effort to provide transitional housing. It was intended to go with match of CHDO funds for very low income residents of Pasco. They are requesting $160,000 and they can match funds for that project. Erik Ramey, 1303 W. 42nd, Kennewick, WA, Amber Strudwick, 5205 W. Livingston, Diane Hart, 4215 W. Klamath, Kennewick, WA and Michael Hanes, 8630 W. Klamath, Kennewick, WA spoke on behalf of Regional Service Corp of AmeriCorp. Mr. Ramey gave a brief overview of the program. They are a national service organization who help communities become safer, smarter and healthier. The proposed project is for a splash pad at Kurtzman Park, building on the wading pool area. Once work is completed the splash pad will be handed over to the community. -6- The goal is to develop a community project in which members of the community volunteer their own time, money and efforts. Ms. Strudwick explained details of the proposed project. She described the assessment and process they used in order to show the viability of a splash pad in the Kurtzman area. The population that would be served is in census track 201, which is 74.8% low-moderate income and 69.1% of these households have individuals under 18 years of age. The budget is primarily composed for the splash pad equipment. The rest is for extra materials. Volunteers are ready to assist and willing to help out with the project. The work would begin in the fall of 2013 with a potential grand opening ceremony in the spring or early summer of 2014. Commissioner Khan spoke that it sounded like a fun project. Commissioner Levin stated that enjoyed their presentation. With no further presentations the hearing ended. B. Block Grant Administration 2013 HOME Fund Allocation (MF# BGAP2012-004) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, explained the 2013 HOME Fund Allocation. Pasco, Kennewick and Richland formed a consortium to receive HOME Investment Partnership monies from the Federal government which each city alone would not be able to receive. The Consortium receives a sum of money divided between the three cities along the same allocation guidelines that block grant funding are divided from. This year's allocation is expected to be $451,060 with Pasco's share around $149,723 and program income totaling $131,000. This year three homes are expected to sell so that program income will come back to be used again. The majority of the money is anticipated to be used for acquisition and rehab or infill projects. This would either purchase vacant or foreclosed homes to rehabilitate them. If the right opportunity arises, vacant property may be purchased for infill housing. There were no questions or comments from the Planning Commission. C. Block Grant Administration 2013 NSP Fund Allocation (MF# BGAP2012-0051 Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, explained the 2013 Neighborhood Stabilization Program (NSP) Allocation and Annual Work Plan. The City received $426,343 several years ago from the American Recovery Reinvestment Act. That money was specifically used to provide $10,000 down payment assistance, -7- forgivable loans for qualifying home buyers and with the remaining funds the City purchased foreclosed homes and rehabilitated them with HOME and NSP monies. It is expected to receive $80,000 in program income once those homes sell. With that money, staff would propose that the City would accomplish seven down payment assistance loans for qualifying families. There were no questions or comments from the Planning Commission. D. Block Grant Administration Significant Amendment to the 4th Avenue Wall (MF# BGAP2012-006) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, explained the significant amendment for program reallocation of Community Development Block Grant funds. The City is asking that roughly $30,000 be taken from ADA Ramp Replacements, which has not yet begun, and instead be allocated to the 4th Avenue Corridor Improvement Project. Work has already started on 4th Avenue and will be made more pedestrian friendly and have a more safe street design. There is a mobile home park on the east side of 4th Avenue. The owners and residents of the park made a suggestion that instead of a block wall where they would feel blocked in, that instead an aesthetically pleasing wrought iron fence be constructed with some landscaping to assist with safety and noise. Chairman Cruz asked if this is to be executed with the same contract that is doing the street improvements and if there are cost savings to do it at the same time as the street. Mr. White answered that no, it is a separate action and will have to go out for bid. Commissioner Anderson asked if the corridor improvement project would be the second phase for the north part of 4th Avenue or if it was all going to be done at the same time. Mr. White answered that there would be another phase after the corridor improvement project. There were no further questions or comments from the Planning Commission. E. Code Amendment Secondhand Stores in C-1 Zones (MF# CA2012-003) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, explained the code amendment for secondhand dealers in C-1 and C-2 zones. This item was introduced at the April meeting and was brought back in May. Staff received direction from the Planning Commission and prepared the proposed ordinance. Mr. White briefly reviewed the proposed ordinance. -8- Chairman Cruz opened the public hearing and asked for comments from the public. Pastor John Paisley, 4805 W. Wernett Road, spoke on behalf of Riverview Baptist Church. His church would like to establish a non-profit world-wide mission store located at 1208 N. 201h Avenue. All of the profits of the store would go to help orphanages and missionaries. They would like they ability to obtain a special use permit that would allow them to operate the mission store. Chairman Cruz asked if the proposed ordinance would be a hindrance to their project. Pastor Paisley answered as long as they would be able to apply for a special use permit then no, it is not a hindrance. Scott Shinsato, 2500 Fichus Drive, West Richland, WA spoke on behalf of Goodwill Industries. He asked for clarification on an item in the proposed ordinance that states, "All business activities of consignment stores located in the C-1 (Retail Business District), C-2 (Central Business District), and C-3 (General Business District) Zones shall be conducted entirely within an enclosed structure." He asked if donations could be collected outside of the store or does it mean that every activity conducted has to be done inside the building because for convenience sake, Goodwill would like to construct a "drive-thru" to accept donations. Mr. White answered that the intent is to prevent the outdoor display of materials and donations from accumulating on the weekends. Todd Lawson, 22 John Street, Seattle, WA wanted clarification in regards to zoning for secondhand stores and if any zones were not going to allow them. In particular, in zones higher than C-1 (Retail Business), such as CR (Regional Commercial), will those zones allow uses that are allowed in less intense zones. Mr. White answered that the zoning model for Pasco is a pyramid, meaning a use allowed in one zone will go to the next more intense zone. That is not the case, however, for uses allowed by special permit. This means that C-1 uses, if permitted outright, would be allowed in more intense zones but if a C-1 zone allows a special permit, it is not inferred to be allowed in more intense zones. Mr. Lawson asked if CR would then be allowed to have secondhand stores under the proposed ordinance. Mr. White answered that thrift stores would not be allowed but consignment stores would be allowed in CR Zones under the proposed ordinance. Mr. Lawson asked why CR Zones wouldn't be allowed to have thrift stores in the proposed ordinance since it is a more intense zone. Mr. White answered that the reason it was not allowed is because it was discussed in previous workshops by the Planning Commission to just address C-1, C-2 and C-3 zones in terms of updating the code. -9- Mr. Lawson commented that he would like to address updating the CR zone. Chairman Cruz asked the Planning Commission if they would like to discuss including the CR zone as part of the ordinance. Commissioner Khan asked what the benefit would be by including the CR zone. Chairman Cruz asked what kinds of uses are permitted in CR Zones versus C-1 zones. Mr. White answered that car sales are permitted in CR zones but offhand he could not think of other the uses in the CR zone. If the Planning Commission is interested in going down that path, they would need to look at the purpose and statement for the CR zone compared to the permitted uses. Commissioner Anderson asked how much of the City is zoned CR. Mr. McDonald answered that the Riverview Shopping Plaza and the north side of St. Thomas Drive are the only two places in the community zoned CR. Chairman Cruz stated that since the amount of CR zones in the City are so small that they should not include it in the ordinance. The other Commissioners agreed. Chairman Anderson moved, seconded by Commissioner Levin, the Planning Commission adopt the findings of fact as contained in the June 21, 2012 staff memo on Secondhand Dealers in C-1 and C-2 zones. The motion passed unanimously. Chairman Anderson moved, seconded by Commissioner Khan, the Planning Commission recommend the City Council adopt the proposed Code Amendment regulating the location and operation of Secondhand Stores within the City. The motion passed unanimously. This item will go to City Council Workshop on July 9, 2012 then to the following Regular Meeting unless there are concerns. F. Plan Rivershore Amenities/Linkages Plan (MF# PLAN2012-003) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community 8s Economic Development Director, reminded the Planning Commission that they have seen this item several times in workshops. Staff has taken Planning Commission input to revise the drafted Rivershore Amenities/Linkages Plan. There were some items in the plans that were either confusing or ambiguous so they were eliminated. One gentleman spoke at the last meeting in regards to the lack of signage along the trail getting off of the Cable Bridge. That was an area that was also a high priority for the regional plan, so it was listed as a general constraint in the City's plan as well. The reference to the Broadmoor Concept Plan was added, the Columbia View Trail System which goes along the predominantly residential section, was re-routed back onto the street system and there were a number of changes added -10- to the Chiawanna Park segment. Beaches were added to the Wade Park segment. A section was added to address an issue with various under-crossings at the various bridges the trail goes through. A non-motorized boating area was considered at the area which currently contains a central pre-mix plant, which could someday be used after it fills up with water, as a non-motorized boating area. Commissioner Khan moved, seconded by Commissioner Greenaway, that the Planning Commission recommend adoption of the 2012 Rivershore Linkages and Amenities Plan. The motion passed unanimously. OTHER BUSINESS: A. Information Interpretation of MF# SP10-021 Conditions (MF# INFO2012-003) Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, explained to the Planning Commission that staff is looking for guidance on this item. In Fall 2010, a special permit application was reviewed for an auto sales lot on the SE corner of 10th and "A" Street. Typically when special permits are approved for businesses they have a timeframe they must adhere to, usually tied to the building permit. In this case it was tied to the business license. In Spring 2011 the applicant applied for the building permit, received the permit and has been working on the project ever since. The timeframe, however, for the business license expired. Staff would like to know if the Planning Commission feels it is necessary for the applicant to re-apply. Staff does not see the need to go through the process again as long as the Planning Commission interprets the requirement for the business license would be the same as getting a building permit, the City could allow them to complete. Chairman Cruz stated that he did not see the point in making the applicant go through the process again. The other Commissioners unanimously agreed. WORKSHOP: With no further discussion or business, the Planning Commission was adjourned at 8:56 p.m. Respectfully submitted, David McDonald, City Planner -11- REPORT TO PLANNING COMMISSION MASTER FILE NO: SP2012-012 APPLICANT: Bethel Church HEARING DATE: 7-19-12 600 Shockley Rd. ACTION DATE: 8-16-12 Richland, WA 99352 BACKGROUND REQUEST FOR SPECIAL PERMIT: Location of a Church in a C-1 District 1. PROPERTY DESCRIPTION: Legal: Parcel # 115-502-016: a portion of the South half of Section 8, Township 9 North, Range 29 WM; General Location: 5202 Outlet Dr. Property Size: Approximately 11 acres 2. ACCESS: The site has access from Sandifur Parkway by way of Outlet Drive 3. UTILITIES: The site is served by municipal water and sewer. 4. LAND USE AND ZONING: The property is currently zoned C-1 (Retail Business). All surrounding property is zoned C-1 and undeveloped. 5. COMPREHENSIVE PLAN: The site is designated in the Plan for future commercial uses. The Plan 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: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) has been issued for this project under WAC 197- 11-158. ANALYSIS The application involves the use of four suites in the Broadmoor Outlet Mall for church activities. The suites in question have been vacant for about four years except for the occasional seasonal costume store. The last major tenant in the space was the CO2 Furniture store. The Outlet Mall contains over 103,000 square feet of floor space. Forty-one thousand square feet is devoted to institutional uses (Charter College, World Life Church and the Police Mini Station). Thirty-three thousand square feet of floor area within the Mall is vacant. The Famous Footwear shoe store and the Children's Museum have recently vacated the Mall. The proposed church has signed a lease for 17,936 square feet of floor area. The church site is located in the southeast corner of the Outlet Complex. The church plans to hold services on Sunday mornings at 9:00 am and 11:00 am. The church also plans to have small group meetings Sunday evening and at various times during the week. The church office will be open during regular business hours. The lease agreement requires the church to participate in all common area charges shared by all lessees within the Mall. The proposed church location has parking to the north and south side of the building. The Outlet Mall was constructed to meet Building Code requirements for retail activities. Places of religious worship are classified in the Building Code as "A" occupancies. When a building is changed from one occupancy class to another (from an "M" [Mercantile] to an "A" [Assembly] for example) the building is required to meet life/safety standards required for the new occupancy classification. The main sanctuary area is large enough to allow seating for at least 450 people. To meet the "A" occupancy requirements proper exiting, exit signage, emergency lighting, occupancy separation walls (between retail space and church space), additional restroom facilities and fire sprinklers may be required by the Building Code. These requirements are all based on the occupant load of the building. The "A" occupancy requirements of the Building Code have been developed from years of experience with places of assembly and have been enacted to promote the life, safety, and protection of people occupying churches and other gathering places. The Outlet Mall was built in 1995 for retail commercial purposes and was originally marginally successful in attracting retail tenants. As the Outlet Mall business model decreased in popularity, occupancy rates at the Broadmoor Outlet Mall declined. Thirty-two percent of the Broadmoor Mall is currently vacant and another 41 percent of the Mall is occupied by institutional uses such as Charter College, the World Life Church and the Mini Police Station. Without the institutional uses seventy-three percent of the Mall would be vacant. While locating non-tax generating uses in a commercial area with 2 freeway visibility is generally not a good choice for promoting additional retail activity it may be temporarily justified given the ongoing vacancy issues at the Broadmoor Outlet Mall. The Mall is seen as a temporary location for the proposed church which is eventually planning on finding a permanent site owned by the church. It seems probable that once commercial interest in the Outlet Mall increases, non-retail leases of mall space will correspondingly decrease. Another potential problem with a church locating in a commercial area is the fact that some retail establishments or restaurants sell or serve liquor. The issue is typically addressed by placing a condition on the Special Permit approval limiting the church's ability to object to a liquor license. FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Churches are unclassified uses requiring review through the special permit process prior to locating or expanding in any zoning district. 2. The proposed church site is zoned C-1. 3. The proposed site is located at 5202 Outlet Drive. 4. The site was originally developed as the Broadmoor Outlet Mall. 5. The Outlet Mall contains over 103,000 square feet of floor area. 6. About thirty-three percent of the Outlet Mall is vacant. 7. About forty percent of the Outlet Mall is occupied by institutional uses (Charter College, World Life Church and Police Mini Station). 8. The suites proposed to be occupied by the church have been vacant for four years. 9. The church proposes to lease 17,936 square feet of floor space. 10. Churches are classified as an "A" occupancy under the International Building Code. 11. "A" occupancy building design standards are different than the "M" occupancy standards. 12. The Mall was designed and built for "M" occupancy loads. 3 13. The proposed sanctuary is large enough to hold at least 450 people. 14. The Municipal Code (PMC 25.78.170) requires one off-street parking space for every 10 lineal feet of bench (pew) seating or one space for every 4 chairs in a church. 15. Based on the occupancy loading of 450 people, 113 parking spaces would be required. 16. Parking areas are located to the north and south of the proposed church location with more than 113 parking spaces. CONCLUSIONS BASED ON THE FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060 and determine whether or not the proposal: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Plan does not specifically address churches, but elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off-street parking and other development standards. (2) Will the proposed use adversely affect public infrastructure? The Outlet Mall was designed to handle significant traffic with a large parking lot and interior circulation. The proposed church will conduct services at times when other Mall traffic is generally low and utility usage is low. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed church will be located in the Broadmoor Outlet Mall and no exterior changes are planned to the building. The current store front character will be maintained. The church will participate in common area maintenance costs to maintain the common area of the Mall. The intended character of the Outlet Mall is retail in nature. The proposed church is not expected to impact the character of the mall in a permanent manner. (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? 4 The proposed church will be located in part of the existing Outlet Mall and no structures will be built or added to the Mall. The site design will remain unchanged. The church will be paying market rent and will be responsible for common area charges like all tenants of the Mall. The location of the church within the Outlet Mall will occupy space intended for retail businesses. Allowing the church to be located in the Mall on a long-term basis may discourage the development/location of commercial enterprises within the Mall. This concern could be addressed by limiting the time period for allowing the church to remain in the Mall. (5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The church will generate no more dust, vibrations, flashing lights or fumes than would be expected by permitted retail uses of the zoning district. Traffic generated by the church will occur mostly on Sunday mornings when Mall traffic is minimal. Small weekly meetings will generate minimal traffic on other days of the week. (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? Past history of church operations within the City has shown they do not endanger public health or safety and are generally not nuisance generators. APPROVAL CONDITIONS 1) The special permit shall be personal to the applicant; 2) The space leased to the church must comply with all requirements of the International Building Code for an "A" occupancy prior to occupancy by the church; 3) The storefront appearance of the leased space cannot be altered except as needed to comply with Building Code exiting requirements; 4) The building, including entrances and restrooms, must be ADA/handicap-compliant prior to occupancy by the church; 5) Occupancy of the building for church purposes will not be permitted until the church complies with all conditions listed above; 5 6) The church shall not object to the transfer, renewal or issuance of a liquor license for an existing or new establishment within 1,000 feet of the property; 7) This special permit shall be valid for a period of three years and will expire on October 1, 2015. RECOMMENDATION MOTION: I move to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the August 16, 2012 meeting. 6 Vicinit y Item: Bethel Church Special Permit A pplicant: Bethel Church N Ma p File # : SP2012-012 I}1 r n - II'', _ _ � } r - �`� �► [ ()lil),.I)}2 - X111 NATCHE' w 4E rd 4:,11}II:[ R ]'liNN - ..a-.� .'C)� - --' ; �; �� •- 111�1H1:F1° 1)1•�_ , iI{}III 111111Ry ![}R( 141'I:It „ rr. •SITE t[-.I ON . ()1 F 4_N,,B BU 431 n^] FT v]IIRzm HR 1)R ' I 513[ 1 1.)]R f fi LO F tj ,,i.. .. -eft_. .. -�y� __ � - r-� �--�._ iry,Y �`��• I 4 _ Permit Item: Bethel Church Special Land Use Ma pp A licant: Bethel Church N p . File # . SP2012-012 V NASH DR A Vacant Comm. Vacant N H DR z & DESOTO DR Office A Office Vacant TM Office Vacant Office Office CORD DR SANDIFUR PKWY A a W TOTTENHAM CT- Vacant � � W O .4 Single Family Residences Vacant SITE i SINGTONrC-T x a z �iJEENS-Bi�RY` L7 A Vacant Ii ATHROW C CADILLY DR 161 Z .l� a 2 � KINGSB R Commercial w Vacant T,N o A °SAS H �a Commercial School NIFR's Vacant �N RV Park Zonin g Item: Bethel Church Special Permit Map Applicant: Bethel Church N File # : SP2012-012 NASH DR N H D A - M z 1 DESOTO DR W —1 A z Retail Business CORD DR SANDIFUR PKWY � C4 ST W T TTENHAM a � H O ,Z.1 CASTE R-1 SITE ' (Low-Density Residential) z UEEATS�-U�I��R L7 A A IATHROW C CADILLY a W KINGSB RY a a A AG`�As CR LBO C-1 (Regional Commercial) (Retail Business) 4� C-1 (Retail Business) BROADMOOR PARK-RETAIL SITE PLAN BROADMOOR PARK 5200 Outlet Drive N Pasco, Washington w w w STORE ROSTER via n cn 5202 AVAILABLE 17,936 SF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5216 5220 5252 5222 Van Heusen 11,720 5224 Kitchen Collection SF 5226 AVAILABLE 4,856 SF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5230 City of Pasco Police Dept. PAR.IN 5232 AVAILABLE 1,194 SF 5234 GNC 5250 Food Court Storage A/B National Maintenance eaoAUm o Storage C AVAILABLE 564 SF BIVO. ROAD 66 5244 5238 AVAILABLE 955 SF 7,486 SF n1CH1AN eZ I xa 5240 AVAILABLE 889 SF 5242 AVAILABLE 1,198 SF 5242 1,198 S PASCO 5244 Dress Barn 5240 889 S au 5250 World Life Christian Center 5238 955 SF N KENNFWICK 5252 World Life Christian Center 5262 Charter College . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5274 Charter College 5278 Charter College Storage 5236A 5288 Paper Factory Storage '2' 5292 Broadmoor Fitness Storage 523 b 6 E > > E. L 52341,181 S b hrye w 5232 1,194 S ° v° ------- ----- 5230 15189 SF h b Leasing & Management by. a NAl Black M N q Comnleiptil Rw31 Estate Services. VJOddwide. h n^ ti 107 S. Howard St. Ste. 500 Spokane, WA 99201 (509) 623-1000 � « � \, < . � � \ � . \ • ` §� ��A / T Lt Y yyy ` y�1 V f QIR lox e r � O 1 � r �� :± ; . ,. sS . ry. ?. 1� s '. I T' .. , I � • � • ,� i ,J J � _ r `y �'.r: u • � � �y ,l 1 �I' _ � I l a - ' !�a Q I I I . i REPORT TO PLANNING COMMISSION MASTER FILE NO: SP2012-013 APPLICANT: World Life Christian Ctr. HEARING DATE: 7-19-12 732 W. 19th Avenue ACTION DATE: 8-16-12 Kennewick, WA 99337 BACKGROUND REQUEST FOR SPECIAL PERMIT: Location of a Church in a C-1 District 1. PROPERTY DESCRIPTION: Legal: Parcel # 115-502-016: a portion of the South half of Section 8, Township 9 North, Range 29 WM; General Location: 5252 Outlet Dr. Propertv Size: Approximately 11 acres 2. ACCESS: The site has access from Sandifur Parkway by way of Outlet Dr. 3. UTILITIES: The site is served by municipal water and sewer. 4. LAND USE AND ZONING: The property is currently zoned C-1 (Retail Business) All surrounding property is zoned C-1 and undeveloped. 5. COMPREHENSIVE PLAN: The site is designated in the Plan for 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: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-significance (DNS) has been issued for this project under WAC 197-11-158. BACKGROUND The application involves the continued use of three suites in the Broadmoor Outlet Mall for church activities. In November of 2008 the World Life Christian Center was granted a special permit (MF# SP08-008) for the location of a church at 5252 Outlet Drive. The special permit has expired and the church is now seeking to renew their previously approved special permit. In addition, the church was granted a special permit (MF#SP10-019) in 2010 allowing a pre-school to be located within the church. The pre-school special permit has no expiration date. Both the church and pre-school have been operating in the Outlet Mall without generating complaints received by the city. 1 ANALYSIS The Outlet Mall contains over 103,000 square feet of floor space; forty-one thousand (41,000) square feet of which is devoted to institutional uses (Charter College, World Life Church and the Police Mini Station). Thirty-three thousand square feet of floor area is vacant. The World Life Christian Center is leasing 11,720 square feet of floor area. The church site is located in the northwest corner of the Outlet Complex. The church holds services on Wednesday evenings from 6:30 pm to 9:00 pm and on Sunday mornings from 8:00 am to 1:00 pm. During the week the church office are open during regular office hours. Although the church is renewing their lease and special permit, they are in the process of securing property on Court Street and planning to relocate to a more permanent facility. The Mall remains thirty two percent (32%) vacant. Approximately forty percent (40%) of the Mall is being used for non-tax generating uses which is not an ideal choice of uses within commercial areas with high visibility and freeway access, but given the degree of suite vacancy in the Mall, tax exempt uses may be a viable option at this time. The Outlet Mall was built in 1995 for retail commercial purposes and was marginally successful in originally attracting retail tenants. As the Outlet Mall business model decreased in popularity occupancy rates the Broadmoor Outlet Mall declined. Thirty-two percent of the Broadmoor Mall is currently vacant and another 41 percent of the Mall is occupied by institutional uses such as Charter College, the World Life Church and the Mini Police Station. Without the institutional uses seventy-three percent of the Mall would be vacant. While locating non-tax generating uses in a commercial area with freeway visibility is generally not a good choice for promoting additional retail activity it may be temporarily justified given the ongoing vacancy issues at the Broadmoor Outlet Mall. The Mall is seen as a temporary location for the proposed church which is eventually planning on finding a permanent site owned by the church. The lease agreement requires the church to participate in all common area charges shared by all lessees within the Mall. The proposed church location has parking to the east, west and north. The Outlet Mall was constructed to meet building code requirements for retail activities. Places of religious worship are classified in the building code as "A" occupancies. When a building is changed from one occupancy class to another (from an "M" [Mercantile] to an "A" [Assembly] for example) the building is required to meet life/safety standards required for the new occupancy classification. The church addressed the building occupancy requirements prior to locating in the 2 Outlet Mall over three years ago. No additional building modifications are anticipated for compliance with the building code. Another potential problem with a church locating in a commercial area is the fact that some retail establishments or restaurants sell or serve liquor. The issue is typically addressed by placing a condition on the Special Permit approval limiting the church's ability to object to a liquor license. FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Churches are unclassified uses and require review through the special permit process prior to locating or expanding in any zoning district. 2. The proposed church site is zoned C-1. 3. The proposed site is located at 5252 Outlet Drive. 4. The site was originally developed as the Broadmoor Outlet Mall. 5. The Outlet Mall contains over 103,000 square feet of floor area. 6. Thirty-three percent of the outlet Mall is vacant. 7. Nine suites of the Mall are occupied. 8. The church proposes to lease 11,720 square feet of floor space. 9. Churches are classified as an "A" occupancy under the International Building Code. 10. The Mall was designed and built for "M" occupancy loads. 11. The "A" occupancy building design standards are different from the "M" occupancy standards. 12. Half of the leased space is large enough to hold 400 people. 13. The Municipal Code (PMC 25.78.170) requires one off-street parking space for every 10 lineal feet of bench (pew) seating or one space for every 4 chairs in a church. 14. Based on the occupancy loading of 400 people, 100 parking spaces would be required. 15. The proposed church location has parking to the east, west and north. 16. In 2008 the World Life Christian Center was granted a special permit for church activities at 5252 Outlet Drive. 17. In 2010 the World Life Christian Center was granted a special permit for pre-school activities at 5252 Outlet Drive. 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 the proposal: (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 Outlet Mall was designed to handle significant traffic with a large parking lot and interior circulation. The church will conduct services at times when other Mall traffic is generally low and utility usage is low. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The church is located in the Broadmoor Outlet Mall and no exterior changes are planned to the building. The current store front character will be maintained. The church will participate in common area maintenance costs to maintain the common area of the Mall. The current lease proposal is for a three year period, expiring in 2015, giving the Mall owner the option of terminating the lease after three years if demand for retail space in the Mall improves. The proposed church will be located in the Broadmoor Outlet Mall and no exterior changes are planned to the building. The current store front character will be maintained. The church will participate in common area maintenance costs to maintain the common area of the Mall. The intended character of the Outlet Mall is retail in nature. The proposed church is not expected to impact the character of the mall in a permanent manner. (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 church is located in part of the Outlet Mall and no structures will be built or added to the Mall. The site design will remain unchanged. The church will be paying market rent and will be responsible for common area charges like all tenants of the Mall. 4 (5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The church generates no more dust, vibrations, flashing lights or fumes than would be expected by permitted retail uses of the zoning district. Traffic generated by the church will occur mostly on Sunday mornings when Mall traffic is minimal. Wednesday evening church activities generally generate less traffic than Sunday morning meetings. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? Churches are generally accepted uses in or near commercially zoned areas. Past history of church operations within the City has shown they do not endanger public health or safety and are generally not nuisance generators. APPROVAL CONDITIONS 1) The special permit shall be personal to the applicant; 2) The space leased to the church must maintain compliance with all requirements of the International Building Code for an "A" occupancy; 3) The storefront appearance of the leased space(s) may not be altered except as needed to comply with Building Code exiting requirements; 4) The building, including entrances and restrooms, must be ADA/handicap- compliant; 5) Occupancy of the building for church purposes is contingent upon continued compliance with all conditions listed above; 6) The church shall not object to the transfer, renewal or issuance of a liquor license for an existing or new establishment within 1,000 feet of the property; 7) The special permit shall be valid for a period of three years only and shall terminate on September 30, 2015. RECOMMENDATION MOTION: I move to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the August 16, 2012 meeting. 5 Vicin Item: World Life Christian Center it y Applicant: World Life Curch N Map File # . SP2012-013 :1511 1} r w ..�•.:� - i I3 t 1 S0I'f) 1)18 Jr Fk-- -, - ,r"r , � y� OTT I'll ---_ - •� �"�` t ,i► 1, r, '' - SITE ri� ''_ �_ _.-_ _ (•ll1l 'ti413LIdl alt ��. �r , Tr r iI[ 111 III 2(}11 C'I- I'lI•[ i wllIN DR I 1r R4 rte. m u-- j�F� -!Pr . - .II �y.�.a. - �• 4��. �.. PfiTr ��J'f� f�:-`r �' -- 4 ,. e ��YY C enter Item: World Life Christian Land Use Ma pp LiA ll c ant: World fe Church N p . File # . SP2012-013 V NASH DR A Vacant Comm. Vacant N H DR z & DESOTO DR Office A Office Vacant TM Office Vacant Office Office CORD DR SANDIFUR PKWY A a W TOTTENHAM CT- Vacant � � W O .4 Single Family Residences Vacant SITE i SINGTONrC-T x a z �iJEENS-Bi�RY` L7 A Vacant � I i ATHROW C CADILLY DR 161 Z .l� a 2 � KINGSB R Commercial w Vacant T,N o A °SAS H �a Commercial School NIFR's Vacant �N RV Park Zoning Item: World Life Christian Center Applicant: World Life Curch N Ma p File # : SP2012-013 NASH DR N H D A - M z 1 DESOTO DR —1 W A (RetaBusiness F- il CORD DR �-JL z SANDIFUR PKWY � C4 ST W T TTENHAM a � H O ,Z.1 CASTE R-1 SITE ' (Low-Density Residential) z UEEATS�U I�$ U A A I H ATHROW C- CADILLY a W KINGSBMY a a A AG`�As CR LBO C-1 (Regional Commercial) (Retail Business) � C-1 4 (Retail Business) ■� r:; : , ' �, ��, ,' ,�` 1 � � : . ` x, ��, � � �< , `k ,„ d .s. . �, ' 4 y. 4 x k i ; 17� � 4, L . I o b ' + . .�' \ t ` �� _� �. IIl11 � 1 f i� . i r o 0 a►a c� CIL �� :± ; . ,. sS . ry. ?. 1� s '. I T' .. , I � • � • ,� i ,J J � _ r `y �'.r: u • � � �y ,l 1 �I' _ � I l a - ' !�a Q I I I . i REPORT TO PLANNING COMMISSION MASTER FILE NO: SP2012-014 APPLICANT: Pasco School District #1 HEARING DATE: 7/19/12 1215 W Lewis St ACTION DATE: 8/16/12 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of an Elementary School in an R-S-1 District. (Rd 52 8v Powerline Rd) 1. PROPERTY DESCRIPTION: Leal: The East 1/2 of the Northeast 1/4 of the Northeast 1/4, Section 10, Township 9 North, Range 29 East, W.M., Franklin County. General Location: Southwest corner of Road 52 8v Powerline Road Property Size: Approximately 20 acres 2. ACCESS: The site is adjacent to Road 52 and Powerline Road. Powerline Road is currently undeveloped 3. UTILITIES: A 16" water line is located in Road 52. A 10" sewer line is stubbed into School District property at the northeast corner of Three Rivers Drive and Road 56. 4. LAND USE AND ZONING: The site is zoned R-S-1 (Suburban Residential) and is being farmed. The property to the north is zoned A-P (Agricultural Production) in the County and is currently being farmed. The property to the west is zoned R-1 and is developing with the West Pasco Terrace subdivision. The property to the east is zoned R-1-S/PUD and is farmed and/or being developed as the Northwest Commons subdivision. The properties to the south are zoned R-S-20 in the County and are developed with homes on one acre lots. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site as Low-Density Residential. Goal CF-5 suggests adequate provisions should be made for educational facilities located throughout the urban growth area. Policy CF-S-A encourages the appropriate location and design of schools throughout the community. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-significance (DNS) has been issued for this project under WAC 197- 11-158. DISCUSSION In site in question is part of a larger 40 acre site that has been considered in the past for a location of a middle school. In the fall of 2008 the Pasco School District received a Special Permit for the location of a middle school at the southwest corner of Road 52 and Powerline Road. That special permit was renewed in January of 2011. Since the approval of the middle school in 2011 the School District decided to re-align grade levels by moving sixth grade from the middle schools to the elementary schools. The grade re-alignment will free up space in the middle schools and eliminate the pressing need to construct a new middle school. The grade re-alignment however creates a greater demand for elementary schools. The School District is now proposing to segregate the 40 acre site into two parcels and locate an elementary school on the eastern half of the site. Pasco currently has eleven elementary schools (the School District has one additional elementary school [Edwin Markham] outside the Pasco UGA). With the recent growth in population (Pasco's population has more than doubled in size since 1997) and student enrollment, the School District needs to construct several elementary schools. Elementary school enrollment in Pasco has increased by an average of about 360 new students per year for the last decade. This year the elementary enrollment increased by over 400 new students. The State Office of the Superintendent of Public Instruction estimates Pasco's elementary enrollment will increase by 3,157 students over the next 6 years. This continued growth in school enrollment will create the need for additional elementary schools. To address part of the need for additional school space the District is proposing to develop the site in question with a 69,330 square foot elementary school similar to Maya Angelou and Virgie Robinson. The two story building will have classroom space for 730 students. The site will contain public parking and bus loading off Road 52. The proposed site is partially developed with street improvements and utilities located in Road 52. Powerline Road is not improved. The school district will be responsible for installing sidewalks along Road 52 and completing all of the street improvements in Powerline Road. 2 With respect to traffic-related issues a signal warrant test will be needed to determine when a signal should be installed at Road 52 and Sandifur Parkway. The Regional Transportation Analysis model used by the Regional Council does not include elementary schools in the data used to identify future traffic impacts because elementary schools do not impact the peak hour traffic conditions in the way other land uses do. Based on the Institute of Traffic Engineers Trip Generation Manual (81h Ed) an elementary school with 730 students on average can be expected to generate about 941 vehicle trips per day. That would amount to $40,463 in traffic impact fees. By comparison, if the site were to develop with single family homes about 650 daily vehicle trips could be expected. Most of the schools in Pasco including the Pasco High School and Chiawana High School are located in residential zoning districts. An on-line search of the Franklin County Assessors records (2012) revealed that many of the residential properties located near the existing Maya Angelou Elementary School have increased in valued since the school was built. The Maya Angelou neighborhood was not fully developed until after the school was built. This provides a good indication that elementary schools do not discourage the development of permitted uses on property in the general vicinity of a school or impair the value thereof. Recent development around the McGee Elementary School also provides another example of a residential neighborhood that developed after a school was constructed. Access to the site is limited due to the fact that Road 52 is a dead end street and provides only one route to and from the proposed school site. School sites typically have at least two means of access for safety reasons and to help diffuse traffic and reduce the impacts of traffic on surrounding residential uses. The extension of Powerline Road to the west would provided a second means of access to the school site. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. 1. The site is located in an R-S-1 zone. 2. Under the current zoning approximately 65 single-family dwellings could be constructed on the site. 3. Schools are conditional land uses in the R-S-1 zone and require review through the special permit process prior to permitting for construction. 4. The site is at the northern edge of the Pasco Urban Growth Boundary. 3 5. The site is within the City limits of Pasco. 6. The Comprehensive Plan identifies the site for low-density residential uses. 7. Comprehensive Plan Goal CF-5 suggests that adequate provisions should be made for the location of educational facilities throughout the urban growth area. 8. The site is currently being farmed. 9. The site is owned by the Pasco School District. 10. Sewer and water utilities are stubbed to the site. 11. The site is located at the southwest corner of Road 52 and future Powerline Road. 12. Powerline Road is unimproved and lacks the necessary right-of-way. 13. Road 52 is currently a dead-end street. 14. The proposed elementary school site plan lacks a second primary road for the disbursement of traffic and for emergency vehicles. 15. All existing elementary schools in Pasco have at least two access routes to and from the schools 16. City development standards require off-site street and utility (sewer, water, irrigation...) improvements to be constructed or installed concurrently with site development. 17. Off-site street improvements include but are not limited to street construction and paving, installation of curb gutter and sidewalk (7' wide), street lights, handicapped ramps, signage, lane striping, street drainage, traffic signals, speed-reduction modifications, and fire hydrants. 18. According to the Institute of Traffic Engineers Trip Generation Manual (81h Ed) a 730 student elementary school will generate about 941 vehicle trips per day. 19. If developed with single family homes the site would generate about 650 vehicle trips per day. 20. Pasco's population has doubled since 1997. 21. The Pasco School District enrollment has grown from 8,048 in 1997 to 15,633 in 2012. 22. The Office of the Superintendent of Public Instruction estimates Pasco's elementary school enrollment will increase by another 3,157 by 2017. 23. Residential development near the existing Maya Angelou and McGee Elementary School indicates elementary schools do not negatively impact the value of surrounding homes or the intended development of residential neighborhoods. 24. No sports fielding lighting will be constructed with the proposed elementary school. 25. In 2008 and 2011 the Pasco School District was issued a Special Permit for the location of a middle school on the site in question. Due to the grade realignment the District will need fewer middle schools sites and 4 additional elementary school sites to accommodate existing and future student populations. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The proposed use supports the following plan policies or goals: CF-5 suggests adequate provisions be made for educational facilities throughout the Urban Growth Area. Transportation and Utility policies support city standards that require the extension of streets and utilities in conjunction with development. To be in accord with the Comprehensive Plan the proposed elementary school development would also need to include the development of adjoining streets and utilities. 2) Will the proposed use adversely affect public infrastructure? The location of an elementary school on the proposed site may encourage the development of residential homes to the north of the school site leading to pressure to expand the UGA into areas which the city is not planning to provide utilities. In this respect the proposal may adversely impact public infrastructure. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed elementary school has been designed to complement the existing and future neighborhood by providing generous yard setbacks, landscaping, screening of mechanical equipment and a pitched roof line to moderate the school's height in keeping with typical pitched roofs of residential homes. Elementary schools are typically located in or near residential neighborhoods and are an accepted part of the character of residential areas. 5 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The construction of schools in residential neighborhoods often encourages development of nearby properties. Residential development around the Maya Angelou and McGee schools was not completed until after the schools were in place. An on-line search of the Franklin County Assessors records (2012) revealed that values of many residential properties located near the existing Maya Angelou and McGee Elementary schools have increased since the schools were built. 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? Experience has shown that schools within Pasco generate few complaints from neighbors. Elementary schools typically are not a source of dust, fumes, vibrations or flashing lights. The proposed school could generate up to 940 vehicle trips per day. During weekends, the summer break, and other break periods very little traffic will be generated. 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 elementary school will be constructed to meet all requirements of the International Building Code, the Fire Code, the Plumbing Code, all other construction codes and state regulations pertaining to middle school construction. The building will be required to have fire-rated corridors, area separation walls, sufficient exiting and fire sprinkler systems to ensure the safety of the public. The construction of sidewalks and street improvements will address traffic safety issues. Schools have a long history of being accepted in residential neighborhoods. In most communities schools, including middle schools, are located in or near residential neighborhoods. Proposed Approval Conditions 6 1. The special permit shall apply to the east half Parcel No. 116170030. 2. The elementary school site shall be developed in substantial conformity with the site plan and building elevations submitted with the special permit application. 3. Powerline Road abutting the School District (all of parcel # 116170030 existing as of June 30, 2012) property shall be improved to arterial street standards meeting construction standards of the City. Improvements shall include but not be limited to curb, gutter, sidewalk and street lighting along the school side of the street. 4. The complete road widths for Powerline Road will be 48 feet; the Pasco School District shall be responsible for constructing a minimum of 28 feet of road width on the south side. 5. The School District shall extend Powerline Road the length necessary to provide a second means of access to and from the proposed school. Street improvements beyond the west boundary of the school property on Powerline Road shall consist of a minimum of a 28-foot wide paved road surface built to arterial street standards. 6. Sidewalks in the Road 52 right-of-way abutting the school property shall be 7 feet in width. 7. Sidewalks in the Powerline Road right-of-way shall be 5 feet wide and located along the property line rather than the curb line. 8. The planting strip between the Powerline Road curb and the off-set sidewalk must be planted in lawn and trees planted at 50-foot intervals. The landscape and irrigation plan must be approved by the Administrative and Community Services Department prior to installation. 9. The School District shall construct a 6-foot tall block wall/fence along the Powerline Road right-of-way matching the block wall in West Pasco Terrace to the west. 10. The School District shall prepare a traffic study for anticipated traffic to and from the proposed school site to determine the need for additional street improvements and/or the need for traffic signals. This study shall include the increased traffic load generated by the proposed school at the northwest corner of Road 60 and Sandifur Parkway. The traffic study must be completed and submitted to the City Engineer prior to the issuance of a building permit and may result in additional conditions or requirements related to school construction. 11. No on-street parking or bus staging will be permitted on or adjacent to Road 52 or Powerline Road. 7 12. All costs associated with speed reduction/modification including but not limited to flashing lights, signage, pedestrian sensors, safety and crosswalks shall be paid for by the School District. 13. All street/roadway signage abutting the property is to be provided by the School District and must conform to the most current MUTCD 8v City of Pasco Construction Standards. 14. The School District shall construct all necessary improvements and accommodations for pedestrian school routes along Road 52 and Powerline Road as required and identified in the traffic study. 15. All street improvements recommended in the traffic study, including traffic signals, must be installed in conjunction with the construction of the elementary school. 16. No mid-block crosswalks will be permitted on Road 52 or Powerline Road. 17. The School District shall pay the traffic mitigation fee in effect at the time a building permit is issued. 18. The School District shall prepare a dust control mitigation plan to be submitted with the building permit application. 19. The School District shall install a 16 inch irrigation line along the length of the school site in Powerline Road. 20. The School District shall dedicate the north 40 feet of the site for the Powerline Road right-of-way. 21. The School District shall dedicate the east 10 feet of the site for additional Road 52 right-of-way. 22. A 55-foot radius shall be dedicated at the southwest intersection of Road 52 and Powerline Road. 23. No sports field light shall be permitted. 24. Water rights associated with site must be dedicated to the City prior to the issuance of a building permit. 25. The special permit shall be null and void if a building permit has not been obtained by January 1, 2015. RECOMMENDATION MOTION: I move to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the August 16, 2012 meeting. 8 Vicinity Item: PSD Elementary School Applicant: Pasco School District File N Ma p •# : SP2012-014 f P(M HU[INF ROAD C-- �- SITE - ,x, ham)IL I r T ^v: .�.r _ - : � ItLI-1 l 1�q,41 � \'l\ ('f)i111()S�; fii� : 5 � � 1II `� .. .1f:11:(}tii:\L I)R-- -� ,rte•-- � r �. � .� _ t.% V Item: PSD Elementary School Land Use A licant: Pasco School District N pPMap • • File # . SP2012-014 Vacant A ARD D . D BA ALT FALL. R Single Family SITE Vacant Residence)sI z � a DR 3Q' in W I o Vacant Single Family Y x o LS D Residences Single Family SANDIFUR PKWY z Residences Z A -A IUD TAL_O DR CT U i Zonin Item: PSD Elementary School g A pplicant: Pasco School District N File Map •# : SP2012-014 P-0WERL1WE 7RO - A D ARD $A,ALT, R R-1 ( dential) SITE r, OfLi RS-1 a (Suburban) R �n W e'P DR ILI Franklin County 4 (RS-20) P, O Y � O D R LS - - U E z L PH E_ R I ATA IUD 1TAL_O_. DR CT U 11 A 4 { Y 1 d 1 k � 4 y 14141 op zt did, del UQ Ilk df I� tip it 1 - 1 a � t # �p r 4 ♦ 'Y` �i JJ f x '1 � t ��': i � 7�� N` ', � •� + � ' 'r ' 1. r r r i. $ ti « f r ^• ,� 1 f ,. ;e F VQ It M IT s s 4 t fir �I t i F f F- $� IF IF Tq It t q � j_ ttT i 1 r, 4 i I III It i {r � r , } ' ` i ` ' r ' ' �• 11 f 116P It It { f K r 1 � 50° A IL fit VQ P + ice } � /` z 3 1N 3j.. � S ry.. � � � ♦y LL It •s � p, IF 8 It t s •�}tM K ai • 6 r � 1 IF I IIF �i r E ' P11 7 ' 6r e ,3 ", 4fl ,4,ku aAY"f i TQ � r k rr If t 1�. 111 111. 1 - rd ,� �1 `Y.� �'�. �lk, •.. i.2 � \ \ e& � k � � .. � « . . . . �. : . ! MEMORANDUM DATE: July 23, 2012 TO: Planning Commission FROM: Angela R. Pitman, Block Grant Administrator SUBJECT: 2012 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM REALLOCATION (MF#BGAP2012-006) Proposed Reallocation Attached for your review and consideration is the revised 2012 CDBG Fund Summary for proposed significant amendment to the 2012 CDBG Annual Action Plan. In accordance with the Citizen Participation Plan changes in funding greater than 10% of the annual entitlement, changes scope,purpose or beneficiaries requires a significant amendment to the plan. Reallocation of Funds On September 6, 2011 Council passed Resolution 3339 approving 2012 CDBG Program Year grant allocations and annual work plan. December 19, 2011 Council approved amendment to the Annual Action plan in Resolution 3364 cancelling Eastside Community Park and Reallocating funds to Kurtzman LID #149 construction and ADA ramp retrofit projects. Changes to Scope, Purpose & Beneficiaries A change in community needs prescribes a change to the annual action plan to reallocate $130,000 from the ADA Ramp Retrofit project for a revised budget of$88,240. The 4th Avenue Corridor Improvement Project will receive $30,000 for placement of a decorative wall/fence along residential property fronting 4th Avenue. Due to the close proximity to the roadway and high level of noise, the City recommended placement of a barrier in the public right-of-way at this location to protect residents from traffic and noise. The property owner adjacent to the project complained that the barrier blocked them in. Therefore, in an effort to deter some of the impacts of traffic in a pleasing and aesthetic way, a decorative fence constructed of masonry pillars and wrought-iron panels was designed. The Kurtzman Park Neighborhood Improvements Project(Phase IV)will receive $100,000 for a revised budget of$450,000 for LID construction. Activity Increase/ Revised Decrease Budget Kurtzman Park Neighborhood Improvements - Phase IV (CT201BG2) $100,000.00 $450,000.00 ADA Accessibility- Handicap Ramp Retrofit ($130,000.00) $88,240.00 4th Avenue Corridor Improvement Project $30,000.001 $30,000.00 Recommendation After discussions and staff evaluation, it is recommended that the activities set forth in Attachment 1 would best meet the City's Consolidated Plan and be most effective in carrying out the objectives for the City in 2012. Your review and consideration for recommendation to the City Council would be appreciated. Therefore, we propose the following Motions: MOTION: I move the Planning Commission recommend the City Council approve the use of funds for the 2012 Community Development Block Grant Program as set forth in the Attachment 1 "2012.2 CDBG Fund Summary" as recommended by Staff. MOTION: I move the Planning Commission recommend the City Council approve the use of funds for the 2012 Community Development Block Grant Program as set forth in the Attachment 1 "2012.2 CDBG Fund Summary" as amended. The City Staff would like to thank the members of the Planning Commission for your time and assistance. /arp Attachments: 1. 2012.2 CDBG Fund Summary 2. 2012.2 CDBG Proposal Summary Attachment 1 2012.2 CDBG Fund Summary - PC 07.26.12 Attachment 1 Planning Commission Meeting Page 1 Proposals-Recommendations ID Recipients ACTIVITY/AGENCY NAME CITY COUNCIL APPROVED PROPOSED APPROVAL BUDGET AMENDMENT City of Pasco-Community $104,000.00 $104,000.00 $104,000.00 1 & Economic Development CDBG Program Administration City of Pasco- Administrative& Civic Center-Youth Recreation $20,000.00 $20,000.00 $20,000.00 2 Community Services Specialist City of Pasco- Administrative& Martin Luther King Community $20,000.00 $20,000.00 $20,000.00 3 Community Services Center Recreation Specialist City of Pasco- Administrative& Senior Citizen's Center $30,000.00 $30,000.00 $30,000.00 4 Community Services Recreation Specialist HomeworkZone-After School $0.00 7 PowerZone Youth Center Tutoring/Mentoring Program City of Pasco-Community Pasco Downtown Development $50,000.00 $50,000.00 $50,000.00 8 & Economic Development Commercial Kitchen City of Pasco-Community Downtown Fagade Improvement $60,000.00 $60,000.00 $60,000.00 9 &Economic Development (2 fagades) City of Pasco- Administrative& LID 148 Special Assessment $65,000.00 $65,000.00 $65,000.00 10 Community Services Assistance Volunteer Chore Services(12 $4,000.00 $4,000.00 $4,000.00 11 Catholic Family Charities households) City of Pasco- Administrative& $0.00 $0.00 $0.00 12 Community Services Eastside Community Park City of Pasco-Community $48,000.00 $48,000.00 $48,000.00 14 1& Economic Development Code Enforcement Officer Kurtzman Park Neighborhood City of Pasco-Public Improvements -Phase IV $350,000.00 $350,000.00 $450,000.00 15 Works (CT201BG2) City of Pasco-Public ADA Accessibility-Handicap $218,240.00 $218,240.00 $88,240.00 16 Works Ramp Retrofit City of Pasco-Public 4th Avenue Corridor $30,000.00 17 Works Improvement Project $969,240.00 $969,240.00 $969,240.00 Entitlement(2012 Estimated) $ 510,000 Program Income(2012 Estimated) $ 10,000 Prior Year Reallocations (2008-2010) $ 449,240 Total Funds Available $ 969,240 Proposals Recommended $ 969,240 SURPLUS/DEFICIT $- 7/24/2012 CITY OF PASCO 2012.2 COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSAL SUMMARY—JULY 26, 2012 1. 1 CDBG Program Administration—Requested: $120,000 Recommended: $104,000 CDBG funds are requested to plan, administer and deliver housing and community needs, ensure compliance with local, state and federal rules, regulations and laws, and provide for the successful delivery of programs that primarily benefit low to moderate income people. Planning and Administration is capped at no greater than 20%. 2. 2 Civic Center-Youth Recreation Specialist—Requested: $37,500 Recommended: $20,000 CDBG funds are requested to provide a portion of the salary and benefits for recreation specialist at the Youth Civic Center. This facility's program is to provide recreation programs for youth at risk and families in low-to-moderate income Census Tract (202). Public services are capped at no greater than 15% of current entitlement plus prior year program income. 3. 3 Martin Luther King Community Center Recreation Specialist—Requested: $37,500 Recommended: $20,000 CDBG funds are requested to provide a portion of the salary and benefits for recreation specialist at the Martin Luther King. This facility's program is coordinated with the YMCA, Salvation Army and Campfire USA, who all collaborate to provide education and physical activities to at risk school age , youth, and families in Census Tract (201). Public services are capped at no greater than 15% of current entitlement plus prior year program income. 4. 4 Senior Citizen's Center Recreation Specialist—Requested: $37,500 Recommended: $30,000 CDBG funds are requested to provide a portion of the salary and benefits for recreation specialist to oversee and operate program at Pasco's senior center. This facility's program provides supervision and leadership necessary for programs serving the elderly of Pasco with support services, nutrition, health and living skills support. Public services are capped at no greater than 15% current entitlement plus prior year program income. 5. 5 Youth Organic Farmers/Produce Coop—Requested: $14,704 Recommended: $0 CDBG funds are requested to provide start-up funds for organic farmers Youth Co-op. USDA certified organic producers on donated land, funds wil be used for planting to harvest. Products will be sold on the open market and to independent food stores and food chains. Work with Pasco Commercial Kithen for technical support and marketing. Economic development assistance is provided as a loan or grant to for-profit business or microenterprise (with less than five employees) for the purpose of creating permanent jobs to be held by or available to low-moderate income persons. If the qualifying recipient is a non-profit, the activity becomes a public service activity for the purpose of providing job training to low-moderate clientele. Resolution 1969 Section 2: Except for City Recreation programs, social service programs are not funded with CDBG. 6. 6 Homeless Prevention Program—Requested: $11,000 Recommended: $0 CDBG funds are used to provide 10 low-income households with improvements to their property at an affordable cost, including health/safety codes and energy effiency standards improvements (City-wide). Resolution 1969 Section 2: Except for City Recreation programs, social service programs are not funded with CDBG. 7. 7 HomeworkZone-After School Tutoring/Mentoring Program—Requested: $35,000 Recommended: $0 CDBG funds are used to provide an afterschool tutoring program; mentoring program with caring responsible adults; and world-view expanding retreats, camps and trips for high-risk middle school and high school students in danger of dropping out of school,joining gangs and abusing drugs. Provide support to parents and grandparents in need of assistance with the youth in their lives. Resolution 1969 Section 2: Except for City Recreation programs, social service programs are not funded with CDBG. 8. 8 Pasco Downtown Development Commercial Kitchen—Requested: $65,000 Recommended: $50,000 CDBG funds are requested to continue operations of the Pasco Specialty Kitchen, a certified commercial incubator kitchen. By providing technical support to small food-related businesses the Pasco Specialty Kitchen improves their success rate by helping them to establish and achieve their goals. In consideration for technical assistance, the startup businesses agree to make jobs created available 2 to low-to-moderate income persons in Pasco (Census Tract 202). Ongoing activity at Public Facility constructed with CDBG, EDA and NADBANK funds for the purpose of economic development activities in Pasco's downtown. 9. 9 Downtown Facade Improvement(2 facades)—Requested: $60,000 Recommended: $60,000 CDBG funds are requested to support business to continue downtown fagade improvements anticipated for 2012 (Census Tract 202). It is estimated that two business will be assisted with fagade improvements. 10. 10 LID Assistance LID #148—Requested: $65,000 Recommended: $65,000 CDBG funds are requested to pay special assessment for low-moderate income households located in the LID #148 for low-income households. 11. 11 Catholic Family Volunteer Chore Services (12)—Requested: $4,000 Recommended: $4,000 CDBG funds are requested to provide minor household repairs and wheelchair ramps for very low to low income households. This population includes elderly and disabled. This year a roof repair program will be added to Volunteer Chore Services activities (City-wide). It is estimated that 6 elderly households, typically very low income, will be assisted. 12. 12 New Eastside Community Park —Requested: $300,000 Recommended: $230,849 CDBG funds are requested to construct a park and athletic fields to serve the east side of Pasco. The park will serve neighborhoods that are predominantly low- moderate income. Athletic fields may also be made available for locally sponsored soccer and football events to reduce overcrowding at current park facilities. 13. 13 Senior Citizen's Center Kitchen Remodel—Requested: $85,000 Recommended: $0 CDBG funds are requested to renovate the Senior Center kitchen. The kitchen is designed for preparation of foods from scratch and has outdated appliances that no longer function and in some cases are now obsolete. In this state, it does not meet current needs. CDBG funds would remove obsolete mixers and steamers, make more counter space available, provide for larger ovens and replace failing walkin refrigerator and freezer with energy efficient models reducing energy 3 requirements and providing for more assured food safety. The Senior Center Kitchen is used by a single contractor for the meals on wheels program. The contract is pending renewal and near expiration, negotiations are underway. Remodel of the kitchen is not expected to occur in 2012. 14. 14 Code Enforcement Officer—Requested: $48,000 Recommended: $48,000 CDBG funds are requested to provide for a code enforcement officer to help improve neighborhood appearance and for compliance with rules and regulations dealing with homeowner needs in primarily low to moderate income neighborhoods (Census Tracts 201, 202, 203 and 204). 15. 15 Kurtzman Park Neighborhood Improvements - Phase IV(CT201BG2)— Requested: $450,000 Recommended: $450,000 CDBG funds are requested to provide curb, gutter, sidewalk and roadway improvements in low-income neighborhood(Census Tract 201). This is the construction phase of a multiple year project. 16. 16 Handicap Ramps - Curb, Gutter, Sidewalk & Roadway improvements— Requested: $250,000 Recommended: $88,240 CDBG funds are requested to replace areas of public sidewalks with ramp access for the disabled persons. 17. 17 Oh Avenue Fence/Wall— Requested: $30,000 Recommended: $30,000 CDBG funds are requested to install a fence in the public right-of-way as part of the 4th Avenue Street Improvement project providing a barrier for residents of the adjacent property. 4 MEMORANDUM DATE: July 19, 2012 TO: Planning Commission FROM: Angela R. Pitman, Block Grant Administrator SUBJECT: 2013 HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM ALLOCATION AND ANNUAL WORK PLAN (MF# BGAP2012-004) Background Pasco entered into a HOME Consortium Agreement with Richland and Kennewick in 1996 making the City eligible for Federal HOME funds. In May 2010, this Agreement was renewed through 2013. Each November an annual action plan is required to be prepared and submitted to HUD for use of estimated funds for the following program year. Estimated Funds Available It is estimated that the 2013 annual entitlement grant to the HOME Consortium will be $451,060, based on the award for program year 2012. Each member city is allocated a share of the entitlement utilizing the same formula used to allocate the CDBG entitlement grants. Pasco's share of the entitlement is estimated to be $149,723 based in 2012 allocations, and program income totaling $131,000 is expected from acquisition/rehab projects making a total of$280,723 available for Pasco HOME projects in program year 2013. There is always some question regarding actual funding levels approved by Congress. Actual available funding for these FY 2013 activities will remain in question until the early part of the year when the HOME allocation is made by Congressional Resolution. If funding levels are lower than estimated, activity funding may need to be reallocated accordingly. Planning & Administration HUD regulations state that the amount of HOME Funds obligated within a program year to support planning and administration activities may not exceed 10% of the entitlement. This is awarded to Richland annually as the Lead Agency of the HOME Consortium to manage all activities. Member cities are provided funds for planning and administration from 10% of program income received from completed projects within their jurisdiction. For 2013, program income estimated at $131,000 will make available $13,100 for administration. CHDO Set-Aside Each year 15% of the entitlement grant must be set-aside to help Community Housing Development Organizations (CHDO) add to the permanent affordable housing stock. The member cities receive these funds every third year. Earlier this year, Council approved a project proposed by Benton Franklin Community Action Committee to use Pasco's 2011 CHDO funds to purchase a four-plex for permanent transition housing. This project has been delayed due to HUD rules that prevent Housing Authority participation in HOME-funded projects, but CAC is moving forward with the project and will undertake associated management responsibilities. Although member cities must provide the minimum 15% set-aside for CHDO projects, more HOME funds may be provided if necessary. Current Balances Pasco's HOME budgeted funds as of June 30, 2012 through Program Year 2012 is $652,502. The budget amount is approved by Council Resolution each year and includes HOME entitlement funds and estimated program income anticipated from acquisition/infill projects. Proposed units of housing that remain to be completed through program year 2012 with these restricted funds total 36. Any change to the budgeted amounts below that exceed 10% of the entitlement or changes the scope of the activity requires preparation of substantial amendment to the annual action plan in compliance with the Citizen Participation Plan. Contracted/ Reserved/ Units Budgeted Obligated Application Pending Acquisition&Rehab/Infill Projects $ 17,648 $ - - CHDO Set-Aside Acquisition $ 90,294 $ 90,294 $ - 4 First Time Homebuyer Assistance $ 104,000 $ 104,000 20 Owner-occupied Rehabilitation $ 347,800 $ 80,500 $ 267,300 10 Rental Rehabilitation $ 92,760 $ - $ 92,760 2 Administration from PI $ - $ - $ - - $ 634,854 $ 188,442 $ 464,060 36 Proposed Activities HOME funds are based on need and income eligibility and may be used anywhere within the city limits, however, neighborhoods designated as priority by Pasco City Council receive first consideration. Funding is first targeted in the Longfellow and Museum neighborhoods, then within low-moderate income census tracts (201, 202, 203 and 204). If HOME funds cannot be applied to those areas, then they are used as needed within the Pasco City limits for the benefit of eligible low-moderate income families. The City is able to use HOME funds for acquisition and rehabilitation of vacant/foreclosed properties, or developing vacant property through "infill" new construction projects. Program income anticipated from the resale of prior year construction projects in addition to outstanding balances will continue to fund program activities through 2013. Staff recommends that anticipated 2013 HOME entitlement funds and program income is allocated to the proposed activities per annual work plan below: Proposed Activities Budget Units Acquisition&Rehab/Infill Projects $ 211,623 2 First Time Homebuyer Assistance $ 56,000 10 Administration from PI $ 13,100 $ 280,723 12 Recommendations After discussions and staff evaluation, it is recommended that the activities set forth in above would best meet the City's Consolidated Plan and be most effective in carrying out the objectives for the City in 2013. Your review and recommendation to the City Council would be appreciated. Therefore, we propose the following Motions: MOTION: I move the Planning Commission recommend the City Council approve the use of funds for the 2013 HOME Investment Partnerships Program as set forth in the "2013 HOME Fund Summary" as recommended by Staff. MOTION: I move the Planning Commission recommend the City Council approve the use of funds for the 2013 HOME Investment Partnerships Program as set forth in the "2013 HOME Fund Summary" as amended. The City Staff would like to thank the members of the Planning Commission for your time and assistance. /arp Attachment: 2013 HOME Fund Summary Attachment 1 - 2013 HOME Fund Summary - 07.19.12 Attachment 1 Planning Commission Meeting Page 1 Proposals-Recommendations Staff ID Resolution ACTIVITY/AGENCY NAME Agency Recommend PC Requested Amended Recommend #REF! PY2013 DPA $ 56,000.00 $ 56,000 #REF! PY2013 INFILL, ACQUISITION $ 141,917.00 $ 211,623 22 PY2013 ADMIN $ 13,100.00 $ 13,100 $ 280,723 PY2013 EN ESTIMATED $ 149,723.00 PY2013 PI ESTIMATED $ 131,000.00 $ 280,723.00 RECOMMENDED $ 280,723.00 SURPLUS/(DEFICIT) $ - 7/13/2012 MEMORANDUM DATE: July 19, 2012 TO: Planning Commission FROM: Angela R. Pitman, Block Grant Administrator SUBJECT: 2013 NEIGHBORHOOD STABILIZATION PROGRAM (NSP) ALLOCATION AND ANNUAL WORK PLAN (MF#BGAP2012-005) Background On March 15, 2010 Council approved Resolution No. 3220 amending NSP Allocation and Work Plan to increase total funding to a total of $426,343 and adding acquisition and rehabilitation activities to the down payment assistance activity for foreclosed properties. The City utilized NSP funds to provide down payment assistance to 8 buyers of foreclosed homes and purchase 3 foreclosed homes which were rehabilitated with HOME NSP Program Income from the acquisition/rehabilitation and sale of three foreclosed properties acquired in 2010 was estimated to be $357,000. The NSP acquisitions were rehabilitated using HOME funds instead of NSP funds. NSP's pro-rata share of the program income is estimated to be half the original estimate ($178,500), triggering an amendment to the allocations and annual work plan for 2012. Estimated Funds Available Program income from one acquisition/rehab sale estimated to be $80,000 is anticipated to available for 2013 projects. If funding levels are lower than anticipated, activity funding may need to be reallocated accordingly. Planniniz & Administration For 2013, program income estimated at $80,000 will make available $8,000 for administration. Current Balances Pasco's NSP unexpended funds as of June 30, 2012 through Program Year 2012 is $112,000. The budget amount is approved by Council Resolution each year for following program year activities. Proposed Activities The City is able to use NSP funds for down payment assistance, acquisition and rehabilitation of foreclosed properties. Expected program income from the sale of one rehabilitated foreclosure will to continue this program in 2013. Staff proposes the following allocations and amendments to the annual work plan for 2012 and 2013. PY 2013 Proposed Activities Budget Units 2013 First Time Homebuyer Assistance $ 72,000.00 7 2013 Administration from PI $ 8,000.00 $ 80,000.00 7 AMENDED 2012 ANNUAL ACTION PLAN 2012 Acquisition&Rehabilitation Projects $ 135,425.00 1 2012 First Time Homebuyer Assistance $ 38,500.00 4 2012 Administration from PI $ 4,575.00 $ 178,500.00 5 Recommendations After discussions and staff evaluation, it is recommended that the activities set forth above would best meet the City's Consolidated Plan and be most effective in carrying out the objectives for the City in 2013. Your review and recommendation to the City Council would be appreciated. Therefore, we propose the following Motions: MOTION: I move the Planning Commission recommend the City Council approve the use of funds for the 2013 Neighborhood Stabilization Program (NSP) as recommended by Staff. MOTION I move the Planning Commission recommend the City Council approve the use of funds for the 2013 Neighborhood Stabilization Program (NSP) as amended. The City Staff would like to thank the members of the Planning Commission for your time and assistance. /arp MEMORANDUM DATE: July 19, 2012 TO: Planning Commission FROM: Angela R. Pitman, Block Grant Administrator SUBJECT: 2012 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM REALLOCATION (MF#BGAP2012-006) Proposed Reallocation Attached for your review and consideration is the revised 2012 CDBG Fund Summary for proposed significant amendment to the 2012 CDBG Annual Action Plan. In accordance with the Citizen Participation Plan changes in funding greater than 10% of the annual entitlement, changes scope,purpose or beneficiaries requires a significant amendment to the plan. Reallocation of Funds On September 6, 2011 Council passed Resolution 3339 approving 2012 CDBG Program Year grant allocations and annual work plan. December 19, 2011 Council approved amendment to the Annual Action plan in Resolution 3364 cancelling Eastside Community Park and Reallocating funds to Kurtzman LID #149 construction and ADA ramp retrofit projects. Changes to Scope, Purpose & Beneficiaries A change in community needs prescribes a change to the annual action plan to reallocate $30,000 from the ADA Ramp Retrofit project to the 4th Avenue Corridor Improvement Project for placement of a decorative wall/fence along residential property fronting 4th Avenue. Due to the close proximity to the roadway and high level of noise, the City recommended placement of a barrier in the public right-of-way at this location to protect residents from traffic and noise. The property owner adjacent to the project complained that the barrier blocked them in. Therefore, in an effort to deter some of the impacts of traffic in a pleasing and aesthetic way, a decorative fence constructed of masonry pillars and wrought-iron panels was designed. Activity Increase/ Revised Decrease Budget ADA Ramp Retrofitting ($30,000.00) $188,240.00 4th Avenue Corridor Improvement Project $30,000.00 $30,000.00 Recommendation After discussions and staff evaluation, it is recommended that the activities set forth in Attachment 1 would best meet the City's Consolidated Plan and be most effective in carrying out the objectives for the City in 2012. Your review and consideration for recommendation to the City Council would be appreciated. Therefore, we propose the following Motions: MOTION: I move the Planning Commission recommend the City Council approve the use of funds for the 2012 Community Development Block Grant Program as set forth in the Attachment 1 "2012.2 CDBG Fund Summary" as recommended by Staff. MOTION: I move the Planning Commission recommend the City Council approve the use of funds for the 2012 Community Development Block Grant Program as set forth in the Attachment 1 "2012.2 CDBG Fund Summary" as amended. The City Staff would like to thank the members of the Planning Commission for your time and assistance. /arp Attachments: 1. 2012.2 CDBG Fund Summary Attachment 1 2012.2 CDBG Fund Summary - PC 07.19.12 Attachment 1 Planning Commission Meeting Page 1 Proposals-Recommendations ID Recipients ACTIVITY/AGENCY NAME CITY COUNCIL APPROVED PROPOSED APPROVAL BUDGET AMENDMENT City of Pasco-Community $104,000.00 $104,000.00 1 & Economic Development CDBG Program Administration City of Pasco- Administrative& Civic Center-Youth Recreation $20,000.00 $20,000.00 2 Community Services Specialist City of Pasco- Administrative& Martin Luther King Community $20,000.00 $20,000.00 3 Community Services Center Recreation Specialist City of Pasco- Administrative& Senior Citizen's Center $30,000.00 $30,000.00 4 Community Services Recreation Specialist HomeworkZone-After School 7 PowerZone Youth Center Tutoring/Mentoring Program City of Pasco-Community Pasco Downtown Development $50,000.00 $50,000.00 8 & Economic Development Commercial Kitchen City of Pasco-Community Downtown Fagade Improvement $60,000.00 $60,000.00 9 &Economic Development (2 fagades) City of Pasco- Administrative& LID 148 Special Assessment $65,000.00 $65,000.00 10 Community Services Assistance Volunteer Chore Services(12 $4,000.00 $4,000.00 11 Catholic Family Charities households) City of Pasco- Administrative& $0.00 $0.00 12 Community Services Eastside Community Park City of Pasco-Community $48,000.00 $48,000.00 14 1& Economic Development Code Enforcement Officer Kurtzman Park Neighborhood City of Pasco-Public Improvements-Phase IV $350,000.00 $350,000.00 15 Works (CT201 BG2) City of Pasco-Public ADA Accessibility- Handicap $218,240.00 $218,240.00 $188,240.00 16 lWorks Ramp Retrofit City of Pasco-Public $30,000.00 17 Works 14th Avenue Fence/Wall $969,240.00 $969,240.00 $218,240.00 Entitlement(2012 Estimated) $ 510,000 Program Income(2012 Estimated) $ 10,000 Prior Year Reallocations (2008-2010) $ 449,240 Total Funds Available $ 969,240 Proposals Recommended $ 969,240 SURPLUS/DEFICIT $- 7/13/2012 MEMORANDUM DATE: July 20,2012 TO: Planning Commission FROM: Jeffrey B. Adams SUBJECT: REMAND - CODE AMENDMENT - SECONDHAND DEALER ZONES (MF# CA 2012 003) This memo is in response to a request by the City Council for the Planning Commission to revisit the code amendment application concerning secondhand stores in C-1 and C-2 Zones. Council has remanded the item to the Planning Commission with the narrow question of whether donation-based thrift shops should be allowed in CR Zones through the special permit process. It is imperative that this discussion not be project-specific, as any change in zoning code requirements affects all prospective applicants and property owners equally. In order to address this question fairly we need to understand the purpose of the"CR"zone. According to PMC 25.48.010 "The C-R Regional Commercial District is established to provide a district in which the primary land use is for commercial and service uses to serve the needs of people living in the entire region and to serve as a place of employment in a regional setting. This district is intended to be located near major highway interchanges." Major highway interchange locations are valued by retailers because they offer ease of access,high visibility, and high customer volume from major thoroughfares. The intent of the "CR"Zone is then to focus on regional office complexes and retail developments which would attract customers from outside the City limits. Regional attractions specified in the code include auto sales and service centers, RV sales and service businesses, amusement, game and recreation centers, golf driving ranges, and theaters (PMC 25.48.020). Permitted uses in the C-1 District are also permitted in the"CR"District. The question therefore is whether a donation-based thrift shop fits the intent of the "CR"Zone in offering goods and/or services with a regional appeal, and if so, should it be allowed as a use through the special permit process. Donation-based thrift shops offer a much needed supply of used goods as well as employment opportunities to the community. Operations may sometimes include employees that may be considered unemployable by mainstream employers. The special permit process allows the City to mitigate possible adverse physical or design impacts of uses. However, donation-based thrift shops may be exempt from paying property tax and may lack curb appeal. Proposed Findings of Fact 1) Current "CR" Zones occupy around 70 acres total, with about 40 acres currently vacant. The Riverview Plaza area contains approximately 14 acres, does not have direct frontage on US 395 and is fully developed. The Road 100/1-182 area contains approximately 56 acres (40 acres are vacant) and has approximately 2500 feet of direct frontage on Interstate 182. 2) The purpose of the"CR"Zone is as follows: "The C-R Regional Commercial District is established to provide a district in which the primary land use is for commercial and service uses to serve the needs of people living in the entire region and to serve as a place of employment in a regional setting. This district is intended to be located near major highway interchanges." 3) A typical development pattern in a regional zoning district consists of multi-tenant building complexes with shared parking facilities and common-wall construction. Marketing is often cooperative, with each business being highly impacted by the business model of the other tenants. It is also common for"big box" retailers ("Costco" is an example) to locate in regional zoning districts as they commonly draw consumers from outside the community. 4) Regional sales and service uses—such as those often found in "CR" zones—are usually higher revenue-generating areas, relied on to help pay for essential City services through tax revenues. "CR"zoned property is limited and is critical to longer term City needs. 5) Thrift-stores are most often community-based and are not dependent on locations with access to major highway interchanges. 6) Donation-based thrift stores have the potential of benefitting low-income groups, as well as income groups bargain-hunting for"gently used"items, however this can occur independent of a location at or near major highway interchanges. 7) The special permitting process allows the City to specify conditions of approval which could mitigate adverse physical or design effects of the sale of second-hand goods,but a special permit cannot mitigate unintended economic effects – such as the use of valuable regionally oriented zoning locations for uses that are community-based and not dependent on locations near highway interchanges. 8) The approval of a special permit is contingent on the applicant meeting the criteria contained in PMC 25.86.060. These criteria address physical and operational considerations, not economic considerations. Approval of a donation based thrift store in a "CR" Zone will set precedent for approval of another in a"CR"Zone. 9) Donation-based thrift shops are often exempt from paying property taxes. 10) There are 3 operations in Pasco that are currently identified as thrift stores. These are: a. Goodwill Industries at 307 W Columbia Street(photo attached). b. St Vincent De Paul at 1120 W Sylvester (name recently changed to Teen Challenge photo attached). c. Pep Thrift at 223 S 24th Avenue(photo attached). Of these,two (Goodwill and St Vincent/Teen Challenge) are exempt from paying property tax. Recommendation MOTION: I move the Planning Commission recommend the City Council reject the proposal to allow donation-based thrift shops in C-R Zones. S hr- i I 4 • 1 r! 'f Af p cz v �... ?. i .. ., r.r , - — THRIFT STORE* LL R"`,� RETAIL SPORE!QIIMATI011 E.EHIER �' {ry _ we r r MEMORANDUM DATE: July 13, 2012 TO: Planning Commission FROM: Shane O'Neill, Planner I SUBJECT: Revisions to PMC Title 25 (Zoning) Over the years, administration of the Zoning regulations found in Title 25 of the Pasco Municipal Code (PMC) has revealed the need for certain modifications to provide clarity or to address changing conditions within the community. As such, the Planning Department has undertaken the task of inventorying sections of the code that may warrant modification. The proposed modifications are divided into two categories; they are substantive and perfunctory. The list of perfunctory revisions is intended to contain less complex items having minor bearing on regulations. Types of perfunctory changes include grammatical and punctuation corrections, single word or phrase addition/removal, deletion of extraneous definitions and relocation of code sections to correct sequential order. The list of substantive revisions can be characterized as pertaining mostly to the need to clarify existing definitions. One notable substantive change is the inclusion of nightclubs into the list of Conditional Uses in the C-I zone. On December 15, 2011 the Planning Commission held a workshop relating to matters of accessory structure height and setbacks. Recommendations by the Planning Commission to address the issue have been incorporated into the Code revisions below. PERFUNCTORY REVISIONS PMC Citation Revision Explanation To provide adequate open space for light and air, to prevent Grammatical 25.04.020(2) overcrowding of the land, and to lessen reduce congestion on the correction streets. 25.08.020 CONFLICTING PROVISIONS. Where this Title imposes a greater Grammatical restriction upon land, buildings, or structures than is imposed or correction required by other rules, regulations, standards, policies, ordinances, contracts, covenants public or private, deeds, or statutes lawfully adopted by the City of Pasco, the provisions of this Title shall govern and take precedent. In the case of conflicts between the text, maps and 1 tables of the this Title, the text shall govern unless otherwise stated. 25.12.040 AGRICULTURAL USE (LIMITED). "Agricultural use (limited)" Places an area means an agricultural operation including the construction of farm restriction on personal buildings and the keeping of farm animals upon property containing 10 farm sizes. acres or less the pies, but the agricultural operation shall be for a personal use only and not be carried on as a commercial enterprise where profit is realized. 25.12.055 AMUSEMENT GAME DEVICE. "Amusement game device" means a Update definition to machine or other device, whether mechanical, electrical, or electronic, match current to be operated by the public for the purpose of entertainment, technology amusement or as a game, the object of which is to score high or low by comparison to the score of other players, playing concurrently or not, or to demonstrate skill or competence against an opponent, whether the opponent is the device or another person. It shall include such devices as pool tables, billiard tables, pinball machines., and devices whieb, use video *u� arcade video games and similar devices which use television screens or monitors to reproduce symbolic figures and lines intended to be representative of real games or activities. 25.12.130 BUILDING HEIGHT. 'Building height" means .adstancz Definition revision to match IBC the highest point „f the eeping of ., fl.,t of to the . eek line of ,or- or- hipped roof-. The Fe er-enee datum sha4l seleetedbyeither- of the fellowing,whiehever-yields a greater-height ef building: (1) The eleva4ion of the highest adjoining sidewalk or- finished gr-otmd suffaee within a five foot horizontal distanee of the exter-io wall of the building when sueh sidewalk or- finished gr-ound suffaee is not mor-e than ten feet above lowest fiffished grade-; (2) An elevation- ten feet higher- than lowest finished gale when the highest sidewalk or-finished gfound suffaee desefibed in ite !.,b eve is mer-e than t°„ feet above 1.west finished ..,ade The vertical distance from grade plane to the average height of the highest roof surface. Said rg ade plane represents the average finished ground level adjoining the building exterior walls. Where the finished ground slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than 6 feet from the building, between the building and a point 6 feet from the building. 25.12.150 COMMUNICATION TOWER. "Communication tower" a free- Grammatical standing or building mounted structure, including appurtenances and antenna intended for airway communication purposes, such as a television antenna or HAM radio tower. This definition does not include Wireless Communications Towers defined in under Section 25.12.485. 25.12.151 COMMUNITY SERVICE HOUSING. Community Service Housing Relocated from means a facilfty that principally offers or rovides subsidized housing 25.12.457 2 on a daily, weekly or monthly basis and provides one or more of the additional following services at a cost, if any, subsidized by charitable or government agencies, including: A) Meals and food; B) or adult daycare services; C) EMployment, substance abuse or behavior counseling; and D) Medical, dental or mental health services; regardless of whether such community social and health welfare services are provided on premises or off the premises for the benefit of such residents. 25.12.158 DANCE HALL. "Dance hall" means an enclosed space where public A definition of"dance dances are held and where alcohol and/or food ma be sold, hall" is needed. 25.12.160 DAY CARE CENTER, FAMILY HOME NURSERY SCHOOL, FAMILY HOME DAY CARE, PRESCHOOL. "Day ear-e nufset=y ,.1, el, preseheel" fneans-antrpeo eup atey ear-e F f ..1,ildf°. of .,"Its ineluding f s..b.00ls f f eh la, under- ge fer edueation in p4lie ehools, pafe seoper-ative fmfsefy sehools, playgfoups- fer- pfesehoolehildren, covering after school ear-e fef school ehildren, and T hie establishments are heensed by the state and eenduetva� In Apeofdanee with state r-equir-ements. For the purpose of this Title, the following definitions shall also apply to day-care center, baby. sag care, family home day care, family home preschool/nursery schools nursery schools or preschools: (1) Babysitting care: Means a dwelling which provides occasional ettstedial care to children, for periods of less than twenty- four hours, who do not reside within the residence of the person providing the care. °ehang° for-° sati.n --To be consistent (2) Heme based day eafe: Family Home Dam: Means with the State a home licensed by the Department of Social and Health Services and in which direct care, supervision and leaming opportunities care is are regularly provided for not more than twelve (12) children or adults or for periods of less than 24 hours in the home of the licensee where the licensee resides and is the primary,provider.. 14ofne base --Replaced in State law (3) Mini day ear-e Bent ,--n pla •11,a er�/I°c-ai3j' c�v @i-crnxrr twelve ehildr-en o adults f ,periods of less d,.,a 24 h.ufs (4) Day-care center: Means a place which provides regular eustodial scheduled care for ��,�e more than twelve children or --To match the adults, for periods of less than twenty-four hours. practice of family (5) Family Home Preschool/Nursery Schools: Means a home daycare home of- laee that provides regular ^„mil care and/or organized learning and educational experiences for not more than twelve children. 6 Family Home Dqy Care Provider: Means a grson who 3 provides direct care, supervision, behavior management, and early learning opportunities for twelve or fewer children in their family home living quarters for periods of less than twenty-four hours. (7) Preschool Center: Means a place that provides regular custodial care and/or organized learning and educational experiences for more than twelve children. 25.12.188 EXOTIC/WILD ANIMAL. 'Exotic/Wild Animal" includes but is not New definition needed limited to anyone of the following: lions, tigers, wild cats (including lynx and bobcats), wolves, bears, apes, monkeys, and raccoons, dangerous reptiles such as alligators,poisonous reptiles, or similar wild and exotic animals. 25.12.190(2) FACTORY ASSEMBLED HOME. A factory assembled home is Update needed by defined as either: revisions to the State (1) A factory built structure that was constructed in Building Code accordance with the U.S. Department of Housing and Urban Development requirements and bearing an appropriate Department of Labor and Industries insignia indicating such compliance, or; (2) A factory built structure designed for human occupancy, which is entirely or substantially prefabricated or assembled at a place other than a building site and is transported to a building site on streets or highways and there affixed to a permanent foundation. A factory assembled home must be constructed to International Building Code standards as adopted by the City of Pasco for on-site construction, the Washington State Energy Code and all other tmife codes adopted by the City of Pasco governing the construction of residential structures. 25.12.196 FAMILY HOME. "Family Home" means a single dwelling unit and New definition needed accessory buildings occupied for living 12urposes by a family which provides permanent provisions for living, sleeping, elating, cooking, and sanitation. 25.12.200 GARAGE, RESIDENTIAL. "Residential garage" means a structure on Provides more criteria the same lot with and accessory to a principally permitted use, used for to make a better use storage only parking and storage of vehicles. Residential Garages shall distinction for permits not contain showers, furnishings, kitchens or living space to improve detached appurtenances set Lap for habitation purposes. garages/shops 25.12.220 HOME OCCUPATION. "Home occupation" means a profession, Will allow retail home trade, skill or service possessed and utilized, in whole or in part, by a occupations with family member(s) for monetary gain within or upon the premises of a certain criteria permanent dwelling units in a residential district. A home occupation shall not involve wholesale or retail sales of any general or specific line of merchandise, products, goods or wares upon said premises, unless such articles are produced thereon in the conduct of the profession, trade, skill or service; or the merchandise is sold strictly through the internet and/or direct mail service. 25.12.265 LOT, FLAG. "Flag lot" means a large lot not meeting minimum Refine definition frontage requirements and where access to the public fead right-of-way is by a narrow private right-of-way or driveway. Flag lot also means a 4 recessed interior lot with an extended driveway. 25.12.290 LOT, WIDTH OF. "Width of lot" means the per-age width measured Refine definition at right angles to the depth. 25.12.310 MINI-STORAGE FACILITY "Mini-storage facility" means a building Clarification or group of buildings consisting of small, self-contained units for the storage of household or business goods or recreational vehicles, provided no 1,,,.,.,,-dotty substances o „ditio s are maintained wit-hi 25.12.315 MOBILE HOME "Mobile home" means a single family dwelling, To match the State thifty �wo body feet or- mofe in length and eight body feet . definition width, designed f6f .,per streets highways eii its own "eels, and designed te be used as a dwelling tin'' cuteir—crrt zvirtl•ei�ei3�cry T„dustr es and e ,-,st.- etcd l e' T 15, 1976 a factory-built dwelling built prior to June 15, 1976, to standards other than the United States department of housing and urban development code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the United States department of housing and urban development manufactured home construction and safet y act• MOTOR HOME. "Motor home" means a ve ii^ e of tmi Refine definition 25.12.320 recreational vehicle or device, whether licensed or unlicensed, primarily designed as a temporary living quarters for recreation, camping, or travel use, which contains its own motive power. 25.12.327 NIGHTCLUB. "Nightclub" means an establishment that provides Definition added entertainment and has as its primary source of revenue (a) the sale of alcohol for consumption on the premises and (b) cover charges. It does not include premises wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of said beverages comprises less than 25 percent of the gross recei ts. 25.12.330 NON-CONFORMING USE. "Non-conforming use" means a use of Simple correction land existing at the time of the enactment of this Title and which does not conform to the regulations of the district or- ene in which it is situated. 25.12.345 OPEN SPACES. "Open spaces" means an unoccupied space open to Clarification the sky on the same lot with a building. 25.12.355 PARCEL. See definition of a "lot'under 25.12.235. Clarification 1-12.3 80 S A NIT A D I TA a OR S A NITO I lA a "Sanitarium or- sanator-iu " Not needed irate hospital whether- o of sueh sue F e lit es are oper-a4ed f, 25.12.397 SHOP. A "shop" means a residential garage as defined under Makes shops and 25.12.200 detached garages 5 synonymous 25.12.415 STABLE, PRIVATE. " Not needed Leh her-ses ., e kept fef pfivate-use and not , r- tien, of 25.1-2.420 STABLE, PUB Tr "Pubs; Stable" means a building in ..,L ieh horses Not needed afe kept hire, of sale, 25.12.430 STORAGE, CONTAINER. "Container storage" means a unit Refine definition originally or specifically used or designed to store goods or merchandise during shipping or hauling by a vehicle, including but not limited to rail cars of any kind, truck trailers or multi-modal shipping containers. This definition also includes mobile homes used for storage rather than habitation. 2-5-.-12.457 COMMUNITY SERVICE HOUSING Community Service Housing Relocated to means a facility that principally offers or provides subsidized housing 25.12.151 on a daily, weekly or monthly basis and provides one or more of the additional following services at a cost, if any, subsidized by charitable or government agencies, including: A) Meals and food; B) Child or adult daycare services; C) Employment, substance abuse or behavior counseling; and D) Medical, dental or mental health services; regardless of whether such community social and health welfare services are provided on premises or off the premises for the benefit of such residents. 25.12.470 VEHICLES. "Vehicles" means motorized and non-motorized Definition expansion mechanical devices designed for movement by means of wheels, skids or runners of any kind, and specifically including all such automobiles, buses, trucks, cars, vans, and motor homes even though they may be at any time immobilized in any way for any period of time for whatever duration; and also including boats, trailers, and such recreational vehicles as defined herein. 25.12.490 YARD, FRONT. "Front yard" means an open and unoccupied space, Refine definition exeept as „de h°r°ir, extending the full width of the lot between any building and any street right-of-way adjacent the lot. The front yard shall be determined by measuring perpendicular from the street right-of-way to the closest point of the building, structure of fence six 6 feet in height. 25.12.495 "REAR YARD" means an open and unoccupied space, exeept as Refine definition , extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular from the rear lot line to the closest point of the building; and shall not include any front setback area on corner lots. For a corner lot the rear and shall be parallel to the shortest lot line common to an adjacent lot. ESTABLISHMENT OF ZONING DISTRICTS. For the purpose of To include districts promoting the public health, safety, morals, and general welfare of the added by amendment City, the City is divided into the following types of zones: after original R-T District Residential Transition District ordinance was created R-S-20 District Residential Suburban District 6 R-S-12 District Residential Suburban District R-S-I District Low-Density Suburban Residential District R-1 District Low-Density Residential District R-I-A District Low-Density Residential Alternative District R-I-A2 District Low-Density Residential Alternative District R-2 District Medium-Density Residential District R-3 District Medium-Density Residential District R-4 District High-Density Residential District RP District Residential Park District O District Office District C-1 District Retail Business District C-2 District Central Business District C-2 Overlay District Central Business Overlay District C-3 District General Business District C-R District Regional Commercial District BP District Business Park District I-182 Overlay District I-182 Corridor Overlay District I-1 District Light Industrial District I-2 District Medium Industrial District I-3 District Heavy Industrial District 25.22.030(3) Storage buildings cumulatively not exceeding 480 square feet of gross Refining language to floor area and fifteen feet in height; provided no container storage, as match intent defined in Section 25.12.430, shall be permitted and provided the lot coverage does not exceed forty percent (40%). For each additional 20,000 square feet of lot area, the gross floor area of storage sheds can be increased by 400 square feet; 25.22.030(5) (5) One animal unit (as defined in Section 25.12.065) shall be allowed Eliminating redundant for each full ten thousand square foot increment of land over and language above an area equal in size to 12,000 square feet set aside for the dwelling on the same parcel; provided that all barns, barnyards, chicken houses, or corrals shall be located not less than twenty-five feet from a public roadway and not less than ten feet from any adjoining of property held under separate ownership; and provided said number of chickens, fowl or rabbits does not exceed 2 animal units; 25.24.030(3) (3) Storage buildings cumulatively not exceeding 260 square feet of Refining language to gross floor area and fifteen feet in height; provided no container match intent storage, as defined in Section 25.12.430, shall be permitted and provided the lot coverage does not exceed fogy percent (40%). For each additional 12,000 square feet of lot area the gross floor area of storage sheds can be increased by 260 square feet; 25.24.030(4) (4) Agricultural uses (limited), as defined in Section 25.12.040,(except Clarification that the keeping of animals shall be permitted on parcels consisting of ten thousand (10,000) square feet over and above an area equal in size to 12,000 square feet set*-si&aside for the dwelling on the parcel),- 25.24.030(5) (5) One animal unit (as defined in Section 25.12.065) shall be allowed Clarification 7 for each full ten thousand square foot increment of land over and above an area equal in size to 12,000 square feet set a sid aside for the dwelling on the same parcel; provided that all barns, barnyards, chicken houses, or corrals shall be located not less than twenty-five feet from a public roadway and not less than ten feet from any adjoining or- property held under separate ownership; and provided said number of chickens, fowl or rabbits does not exceed 2 animal units; 25.42.020(8)(k) Upholstery shops. Relocation 25.42.020(12) Uphelstefy shops. Relocation 25.44.030 25.44.030 PERMITTED ACCESSORY USES. The following Correction accessory uses and buildings, as respectively defined in Sections 12.' 20 25.12.020 and 12.'12 12.145 25.12.115, shall be permitted in the C-2 district: 25.66.090 TRANSFER OF LOCATION. No home occupation nee may be Grammatical transferred to a different location without first obtaining a new home occu ation license authorizing its conduct at the proposed location. 25.70.160(3) Landscape and Buffering. In addition to the landscape provisions of Grammatical Chapter 25.75, the Planning Commission may require additional landscape features to ire ensure the proposed winery will be in harmony with and not impair the value of present and future development of adjacent lands. The spacing of shade trees in all buffer areas shall not be greater than thirty linear feet. Buffer area trees shall be a caliper size of one and one-half inch at the planting; 25.74.030(2) FRONT YARD. Where any front yard setback is required, no building, Correction structure, satellite dish, stationary play equipment or elet es lines clotheslines shall be hereafter erected, altered, or placed so that any portion thereof shall be nearer to the front property line than the distance indicated by the depth of the required front yard, except: (a) Fences per PMC 25.75; (a)N Eaves, cornices, belt courses, and similar ornamentation may project over a front yard not more than two feet; (b)(c) An open or enclosed porch shall be considered part of a building in the determination of the front yard setback and lot coverage; (e-(dd) Where two contiguous corner lots, or two lots separated only by an alley, form the entire frontage between two parallel streets and there is erected a solid six foot fence, permitted accessory buildings may be located not closer than five (5) feet from the property line along the street on which there is a solid six foot fence. This reduced setback shall not apply to garages or accessory buildings higher than ten(10) feet. (d)Le) Where two contiguous corner lots form the entire frontage between two parallel streets, the front yard along the common flanking street shall be reduced to fifteen feet. This reduction shall not apply to 8 garages that are accessed from the flanking street. (d)ff Within the R-S-20, R-S-12, R-S-1, R-1, R-2, R-3, R-4 and R-1- A/A2 districts, where the front yard of a lawfully existing structure is less than that required for the district in which the structure is located, alteration or enlargement of said structure may be permitted, but shall not further reduce the existing front yard dimension or be located closer than fifteen feet from the front property line, whichever is the most restrictive; {e)fg) Within the R-S-20, R-S-12, R-S-1, R-1, R-2, R-3 and R-1-A/A2 districts,where the front yards provided for lawfully existing structures upon the majority of lots within the same block front and on the same side of the street are of less depth than required by the applicable district regulation, the minimum front yard requirement for the remaining unoccupied lots within the same block front and on the same side of the street shall be reduced to a depth not less than the average front yard dimension provided by said existing structures, but in no case shall the front yard depth be less than fifteen feet. (4)(h) Handicapped access ramps may encroach within the front yard setback of all residential zoning districts, provided such ramps are built to the Washington State Building Code standards. The ramps must also be constructed and finished to complement the dwelling with respect to finishes and construction materials and must be built in a workman like manner. 25.78.170(6) Restaurants - One space for each one hundred square feet of floor area Clarification 9 SUBSTANTIVE REVISIONS PMC Citation Revision Explanation 25.20.030 25.20.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory in the R-T district: (1) Accessory dwellings; (2) Home occupations (see definition in Section 25.12.220); (3) Ranch and farm buildings appurtenant to an agricultural use and agricultural uses (limited), as defined in Section 25.12.040, except that the keeping of animals shall be permitted on parcels consisting of at least ten thousand (10,000) square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel; and (4) Uses incidental and customary to a permitted use. (Ord. 3354 Sec. 2, 1999.); (5) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats; (6) For lots with a minimum of 5,000 square feet but less than 22,000 square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens,provided such number of animals does not exceed three dogs, and/or three cats, and/or three rabbits and/or three chicken hens, the total number of animals not to --- To clarify practice exceed six; in all cases, animals shall not be allowed to roam or fly to and to create other properties; roosters are not allowed. consistency with other (7) Family day care home in conformance with WAC 388-73 as now residential districts existing and as amended and PMC Chapter 25.66; and (8) Family home preschool in conformance with PMC Chapter 25.66; 25.22.030 25.22.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-S-20 suburban district: (1) Detached residential garages as defined in Section 25.12.200, provided they do not exceed the height of 18 feet and are no larger than 1,200 square feet in area; (2) Home occupations as defined in Section 25.12.220; (3) Storage buildings not exceeding 480 square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted. For each additional 20,000 square feet of lot area, the gross floor area of storage sheds can be increased by 400 square feet; (4) Agricultural uses (limited), as defined in Section 25.12.040, except that the keeping of animals shall be permitted on parcels consisting of ten thousand (10,000) square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel; (5) One animal unit (as defined in Section 25.12.065) shall be allowed for each full ten thousand square foot increment of land over 10 and above an area equal in size to 12,000 square feet set aside for the dwelling on the same parcel; provided that all barns, barnyards, chicken houses, or corrals shall be located not less than twenty-five feet from a public roadway and not less than ten feet from any adjoining or abutting property held under separate ownership; and provided said number of chickens, fowl or rabbits does not exceed 2 animal units; (6) The keeping of dogs and cats,provided such number of animals does not exceed three dogs and three cats; (7) Family day care home in conformance with WAC 388-73 as now existing and as amended and PMC Chapter 25.66; and (8) Family home preschool in conformance with PMC Chapter --- To clarify practice 25.66; and to create (9) Accessory dwellings; and consistency with other (10) For lots with a minimum of 5,000 square feet but less than residential districts 22,000 square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number of animals does not exceed three dogs, and/or three cats, and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. 25.22.040(5) CONDITIONAL USES. In addition to the unclassified uses listed in Chapter 25.86, the following uses may be permitted by special permit as provided in Chapter 25.86: (1) Churches and similar places of worship; (2) Public libraries, and municipal office buildings; (3) Public and private schools,public parks and playgrounds; (4) Fire department station houses; (5) , ehild day ear° eente Day care centers and preschool centers; (6) Agricultural use (commercial); and, --- For clarification (7) Buildings in conjunction with an agricultural use (limited), purposes provided the parcel contains at least 5 acres and the building will not be used for the conduct or support of any business activity; and (8) Unclassified uses as listed in Section 25.86.020 25.22.050 (4) Minimum Yard Setbacks; Increases the (a) Front: Twenty-five (25) feet. minimum rear setback (b) Side: Ten (10) feet. for accessory (c) Rear: Principal Building: Twenty-five (25) feet. structures in the RS-20 Accessory structures. Accessory structures adjacent an alley may be zone from 5 feet to 10 placed on the alley line provided there are no openings in the wall feet parallel to the alley. Garages with vehicle doors parallel to an alley shall be setback from the alley twenty (20) feet. Where there is no alley, the setback shall be ten 10 feet. 25.24.020 25.24.030 PERMITTED ACCESSORY USES. The following uses Reduces the maximum shall be permitted as accessory to a permitted use in the R-S-12 height of accessory 11 suburban district: structures in the RS-12 (1) Detached residential garages as defined in Section 25.12.200, zone from 18 feet to provided they do not exceed 4-9 15 feet in height and 1,200 square feet 15 feet. in area; 25.24.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-S-12 suburban district: (1) Detached residential garages as defined in Section 25.12.200, provided they do not exceed 18 feet in height and 1,200 square feet in area; (2) Home occupations as defined in Section 25.12.220; (3) Storage buildings not exceeding 260 square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted. For each additional 12,000 square feet of lot area the gross floor area of storage sheds can be increased by 260 square feet; (4) Agricultural uses (limited), as defined in Section 25.12.040, except that the keeping of animals shall be permitted on parcels consisting of ten thousand (10,000) square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel; (5) One animal unit (as defined in Section 25.12.065) shall be allowed for each full ten thousand square foot increment of land over and above an area equal in size to 12,000 square feet set aside for the dwelling on the same parcel; provided that all barns, barnyards, chicken houses, or corrals shall be located not less than twenty-five feet from a public roadway and not less than ten feet from any adjoining or abutting property held under separate ownership; and provided said number of chickens, fowl or rabbits does not exceed 2 animal units; (6) The keeping of dogs and cats,provided such number of animals does not exceed three dogs and three cats; (7) Family day care home in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; and (8) Family home preschool in conformance with PMC Chapter --- To clarify practice 25.66; and to create (9) Accessory dwellings; and consistency with other (10) For lots with a minimum of 5,000 square feet but less than residential districts 22,000 square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number of animals does not exceed three dogs, and/or three cats, and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. 25.24.040 CONDITIONAL USES. In addition to the unclassified uses listed in For clarification Chapter 25.86, the following uses may be permitted by special permit purposes 12 as provided in Chapter 25.86: (1) Churches and similar places of worship; (2) Public libraries, and municipal office buildings; (3) Public and private schools,public parks and playgrounds; (4) Fire department station houses; (5) Private nursery seh eseheol, ehild mini day ear-e, Day care centers and preschool centers; and (6) Agricultural use (commercial); and (7) Buildings in conjunction with an agricultural use (limited) provided the parcel contains at least 5 acres and the building will not be used for the conduct or support of any business activity; and 8 Unclassified uses as listed in Section 25.86.020 25.26.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-S-1 suburban district: (1) Detached residential garages as defined in Section 25.12.200, provided they do not exceed 15 feet in height and 1,000 square feet in area; except on lots that are 12,000 square feet or more the height may be increased by 3 feet and the area may increase by 200 square feet; (2) Home occupations as defined in Section 25.12.220; (3) Storage buildings not exceeding 200 square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, will be permitted; (4) Agricultural uses (limited), as defined in Section 25.12.040, except that the keeping of animals shall be permitted on parcels consisting of ten thousand (10,000) square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel; (5) One animal unit (as defined in Section 25.12.065) shall be allowed for each full ten thousand square foot increment of land over and above an area equal in size to 12,000 square feet set aside for the dwelling on the same parcel, provided that all barns, barnyards, chicken houses, or corrals shall be located not less than twenty-five feet from a public roadway and not less than ten feet from any adjoining or abutting property held under separate ownership, and provided said number of chickens, fowl or rabbits does not exceed 2 animal units; (6) The keeping of dogs and cats,provided such number of animals does not exceed three dogs and three cats; (7) Family day care home in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; aad (8) Family home preschool in conformance with PMC Chapter --- To clarify practice 25.66; and to create (9) Accessory dwelling consistency with other (10) For lots with a minimum of 5,000 square feet but less than residential districts 22,000 square feet and containing only one single-family dwelling --- Amendment 13 unit, the keeping of dogs, cats, rabbits, and chicken hens, provided dealing with chicken such number of animals does not exceed three dogs, and/or three cats, hens and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. 25.26.040 CONDITIONAL USES. In addition to the unclassified uses listed in For clarification Chapter 25.86, the following uses may be permitted by special permit purposes as provided in Chapter 25.86: (1) Churches and similar places of worship; (2) Public libraries, and municipal office buildings; (3) Public and private schools, public parks and playgrounds; (4) Fire department station houses; (5) ehild day ear° eente Day care centers and preschool centers; and (6) Agricultural use (commercial), and (7) Unclassified uses as listed in Section 25.86.020 25.28.030 25.28.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-1 low density residential district: (1) Detached residential garages as defined in Section 25.12.200, provided they do not exceed 15 feet in height and 1,000 square feet in area; except on lots that are 12,000 square feet or more the height may be increased by 3 feet and the area may increase by 200 square feet; (2) Home occupations, as defined by Section 25.12.220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted; (4) The renting of rooms for lodging purposes only; provided, however, such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space, per roomer, must be provided in addition to the requirement set forth under Section 25.78.170(5); (5) The keeping of dogs and cats,provided such number of animals does not exceed three dogs and three cats; (6) Family daycare homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; and (7) Accessory dwellings_- (8) Family home preschool in conformance with PMC Chapter 25.66; and --- To clarify practice (9) For lots with a minimum of 5,000 square feet but less than 22,000 and to create square feet and containing only one single-family dwelling unit, the consistency with other keeping of dogs, cats, rabbits, and chicken hens, provided such number residential districts of animals does not exceed three dogs, and/or three cats, and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. 14 25.28.040 CONDITIONAL USES. In addition to the unclassified uses listed in For clarification Chapter 25.86, the following uses may be permitted by special permit purposes as provided in Chapter 25.86: (1) Churches and similar places of worship; (2) Public libraries, and municipal office buildings; (3) Public and private schools,public parks and playgrounds; (4) Fire department station houses; and (5) -Private nursery sehool, pr-esehoel, ehild mini day ea, —.d Day care centers and preschool centers; and 6 Unclassified uses as listed in Section 25.86.020 25.30.030 25.30.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-1-A District; (1) Detached residential garages, as defined in Section 25.12.200, provided they do not exceed fifteen feet in height and 1,000 square feet in area; (2) Home occupations, as defined in Section 25.12.220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as define in Section 25.12.430, shall be permitted; (4) The renting of rooms for lodging purposes only; provided, however, such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space, per roomer, must be provided in addition to the requirement set forth under Section 25.78.170(5); (5) The keeping of dogs and cats,provided such number of animals does not exceed three dogs and three cats; (6) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; and (7) Accessory dwellingsi --- To clarify practice (8) Family home preschool in conformance with PMC Chapter and to create 25.66; and consistency with other (9) For lots with a minimum of 5,000 square feet but less than residential districts 22,000 square feet and containing only one single-family dwelling --- Amendment unit, the keeping of dogs, cats, rabbits, and chicken hens, provided dealing with chicken such number of animals does not exceed three dogs, and/or three cats, hens and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. 25.30.040 CONDITIONAL USES. In addition to the unclassified uses listed in For clarification Chapter 25.86, the following uses may be permitted by special permit as provided in chapter 25.86: (1) Churches and similar places of worship; (2) Public libraries, and municipal office buildings; (3) Public and private schools, public parks and playgrounds; 4 Fire department station houses; and 15 (5) , ehil day ear° eente Day care centers and preschool centers; and (6) Unclassified uses as listed in Section 25.86.020 25.32.030 25.32.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-1A2 District; (1) Detached residential garages, as defined in Section 25.12.200, provided they do not exceed fifteen feet in height and 1,000 square feet in area; (2) Home occupations, as defined in Section 25.12.220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height, provided no container storage, as define in Section 25.12.430, shall be permitted; (4) The renting of rooms for lodging purposes only, provided, however, such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space, per roomer, must be provided in addition to the requirement set forth under Section 25.78.170(5); (5) The keeping of dogs and cats,provided such number of animals does not exceed three dogs and three cats; (6) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; and (7) Accessory dwellings_- --- To clarify practice (8) Family home preschool in conformance with PMC Chapter and to create 25.66; and consistency with other (9) For lots with a minimum of 5,000 square feet but less than 22,000 residential districts square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens,provided such number of animals does not exceed three dogs, and/or three cats, and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. 25.32.040 CONDITIONAL USES. In addition to the unclassified uses listed in For clarification Chapter 25.86, the following uses may be permitted by special permit as provided in Chapter 25.86: (1) Churches and similar places of worship; (2) Public libraries, and municipal office buildings; (3) Public and private schools,public parks and playgrounds; (4) Fire department station houses; and (5) Date- ser-y seh esehoel,ehi a mini ''ay Ana Day care centers and preschool centers; and (6) Unclassified uses as listed in Section 25.86.020 25.34.020(4) PERMITTED USES. The following uses shall be permitted in the R-2 To create consistency district: with the change to (1) Single-family dwellings; 25.34.050(2) 2 New Factory assembled homes; 16 (3) Two-family dwellings; (4) M-ultiple Multi-family dwellings; and (5) Nothing contained in this section shall be deemed to prohibit the uses of vacant property for gardening or fruit raising. 25.34.030 25.34.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-2 district: (1) Detached single family residential garages, as defined in Section 25.12.200, provided they do not exceed fifteen feet in height and 1,000 square feet in area; (2) Home occupations as defined by Section 25.12.220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted; (4) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats; (5) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; (6) The renting of rooms for lodging purposes only; provided, however, such accommodations shall not exceed two persons in a single family dwelling. One off-street parking space per roomer must be provided in addition to the requirement set forth under Section 25.84.170(5); and (7) Accessory dwellings in single family homes-- --- To clarify practice (8) Family home preschool in conformance with PMC Chapter and to create 25.66; and consistency with other (9) For lots with a minimum of 5,000 square feet but less than 22,000 residential districts square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens,provided such number of animals does not exceed three dogs, and/or three cats, and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. 25.34.040 CONDITIONAL USES. In addition to the unclassified uses listed in For clarification Chapter 25.86, the following uses may be permitted by special permit as provided in Chapter 25.86: (1) Churches and similar places of worship; (2) Public libraries, and municipal office buildings; (3) Public and private schools,public parks and playgrounds; (4) Fire department station houses; and (5) 1?r-Pr nursery seh esehoel, ehi a mini day ea, Day care centers and preschool centers; and (6) Unclassified uses as listed in Section 25.86.020 25.34.050 DEVELOPMENT STANDARDS. (I)Minimum lot area: Five To make practice clear thousand(5,000) square feet; and avoid problems (2) Only one single family dwelling shall be permitted per lot. Multi- with utilities and other family units shall be—permitted based on the densi1y standards in municipal services 17 Section 25.34.050(3); (2) Q) Density: One dwelling per 5,000 square feet of lot area except as provided in 25.34.030 (7); (-3)(4)Maximum Lot Coverage: Forty (40)percent; (4)(5) Minimum Yard Setbacks: (a)Front: Twenty (20) feet. (b) Side: Five (5) feet. (c) Rear: Principal Building: Equal to the height of the dwelling. Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be setback from the alley twenty(20) feet. Where there is no alley the setback shall be five (5) feet. (5)L6)Maximum building height: (a) Principal building: Twenty-five (25) feet, except a greater height may be approved by special permit. (b) Accessory buildings: Fifteen(15) feet. (0 (7) Fences and hedges: See Chapter 25.75; (7)(88,)Parking: See Chapter 25.78; (-8)L9)Landscaping: See Chapter 25.75; and (9) 10 Residential Design Standards: See Chapter 25.70.085. 25.36.030 25.36.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted used in the R-3 district: (1) Detached single family residential garages, as defined in Section 25.12.200, provided they do not exceed fifteen feet in height and 1,000 square feet in area; (2) Home occupations as defined by Section 25.12.220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted; (4) The keeping of dogs and cats,provided such number of animals does not exceed three dogs and three cats; (5) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; (6) The renting of rooms for lodging purposes only, provided such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space per roomer must be provided in-addition to the requirement set forth under Section 25.78.170(5); and (7) Accessory dwellings in single family homesi --- To clarify practice (8) Family home preschool in conformance with PMC Chapter 25.66; and to create and consistency with other (9) For lots with a minimum of 5,000 square feet but less than 22,000 residential districts square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number of animals does not exceed three dogs, and/or three cats, and/or three 18 rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. 25.36.040 (1) Churches and similar places of worship; For clarification (2) Public libraries, and municipal office buildings; (3) Public and private schools, public parks and playgrounds; (4) Fire department station houses; and (5) iPfi-`v'a4e mrsefy sehool, pr-eseheel, e-,;l.a mini d_" cccrc—_'d eh la day ear° eente Day care centers and preschool centers; and 6 Unclassified uses as listed in Section 25.86.020 25.36.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: Five thousand(5,000) square feet; To make practice clear (2) Only one single family dwelling shall be permitted per lot. Multi- and avoid problems family units shall be permitted based on the density standards in with utilities and other Section 25.34.050(3); municipal services M(3) Density: One dwelling unit per 5,000 square feet of lot area for single family dwellings and 3,000 square feet of lot area for multiple family dwellings; (3)(4) Maximum Lot Coverage: Sixty (60) percent; (4)(5) Minimum Yard Setbacks: (a) Front: Twenty(20) feet. (b) Side: Five (5) feet. (c) Rear: Principal Building: Equal to the height of the dwelling. Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be setback from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. (5)(6) Maximum building height: (a) Principal building: Thirty-five (35) feet, except a greater height may be approved by special permit. (b) Accessory buildings: Fifteen(15) feet. (6)(7) Fences and hedges: See Chapter 25.75; (7)M Parking: See Chapter 25.78; and (-8-)L9) Landscaping: See Chapter 25.75; 10 Residential Design Standards: See Chapter 25.70.085. 25.38.030 25.38.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-4 district: (1) Detached single family residential garages, as defined in Section 25.12.200, provided they do not exceed fifteen feet in height and 1,000 square feet in area; (2) Home occupations as defined by Section 25.12.220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted; (4) The keeping of dogs and cats,provided such number of animals 19 does not exceed three dogs and three cats; (5) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; (6) The renting of rooms for lodging purposes only, provided such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space per roomer must be provided in addition to the requirements set forth under Section 25.78.170(5); and (7) Family home preschool in conformance with PMC Chapter --- To clarify practice 25.66; and to create (8) Accessory dwellings in single family homes, and consistency with other (9) For lots with a minimum of 5,000 square feet but less than 22,000 residential districts square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number of animals does not exceed three dogs, and/or three cats, and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. 25.38.040 CONDITIONAL USES. In addition to the unclassified uses listed in For clarification Chapter 25.86, the following uses may be permitted by special permit as provided in Chapter 25.86: (1) Churches and other places of worship; (2) Public libraries and municipal office buildings; (3) Public and private schools, public parks and playgrounds; (4) Fire department station houses; and (5) Pfivate fmfsefy seheel, preseheel, ehil' day ear° eente Day care centers and preschool centers; and (6) Unclassified uses as listed in Section 25.86.020 25.38.050 25.38.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: To make practice clear Five thousand(5,000) square feet; and avoid problems (2) Only one single family dwelling shall be permitted per lot. Multi- with utilities and other family units shall be permitted based on the density standards in municipal services Section 25.34.050(3); MQ) Density: One dwelling unit per 5,000 square feet of lot area for single family dwellings and 1,500 square feet of lot area for multiple family dwellings; (3)(4) Lot Coverage: Sixty(60)percent; (4)(5j Minimum Yard Setbacks: (a) Front: Twenty(20) feet. (b) Side: Five (5) feet. (c) Rear: Principal Building: Equal to the height of the dwelling. Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be setback from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. 6 Maximum building height: 20 (a) Principal building. Thirty-five (35) feet, except a greater height may be approved by special permit. (b) Accessory buildings: Fifteen(15) feet. (6)L7) Fences and hedges: See Chapter 25.75; (7)(8) Parking: See Chapter 25.78; and (-8)L9) Landscaping: See Chapter 25.75; M Luo Residential Design Standards: See Chapter 25.70.085. 25.41.040 CONDITIONAL USES. The following uses are permitted subject to For clarification the approval of special permit as provided in Chapter 25.80: (1) Police and fire stations; (2) Churches and similar places of worship; (3) note-nursery seh o' resehoe'leh l a d Day care centers and preschool centers; and (4) Dwelling units provided the units are within the principal building, are all above the ground floor of said building, and the ground floor of said building is designed or intended to be used for a principally permitted use:; and 5 Unclassified uses as listed in Section 25.86.020 25.41.050(3)(a) (a) Front: Fifteen (15) feet, except where adjoining a residential district To simplify the in which case 25.74.030 shall prevail. there shall be provided a setback requirement equal in width or depth to that required in the residential district. 25.41.050(3)(b) (b) Side: Five (5) feet except where adjoining a residential district in To simplify the which case 25.74.030 shat pr-evail there shall be provided a setback requirement equal in width or depth to that required in the residential district. 25.41.050(3)(c) (c) Rear: None required, except where adjoining a residential district in To simplify the which case 25.74.030 shall prevail. there shall be provided a setback requirement equal in width or depth to that required in the residential district. 25.42.020 Carwashes provided they are located more than 300 feet from a To address residential residential district; concerns about noise and loitering 25.42.040L6) (6) Dance halls and nightclubs To address residential concerns about noise and late night loitering and other disturbances 25.44.050(8) Card rooms,bingo parlors, dance halls, nightclubs and similar places; For clarification 25.44.0402,) (2) Unclassified uses per Section 25.86.020 Clarification 25.44.060(3) (a) Front: None required except where adjoining a residential district in To simplify the which case 25.74.030 shall prevail. there shall be provided a setback requirement equal in width or depth to that required in the residential district. (b) Side: None required except where adjoining a residential district in which case 25.74.030 shall prevail. there shall be provided a setback equal in width or depth to that required in the residential district. (c) Rear: None required except where adjoining a residential district in which case 25.74.030 shall prevail. there shall be provided a setback equal in width or depth to that required in the residential district. 21 25.46.020(1) (1)All uses permitted in the C-1/C-2 districts; Clarification 25.46.040(4) (4) Unclassified uses Clarification 25.46.050(3)(a) (a) None required except by 25.75 and 25.78 and except where To simplify the adjoining a residential district in which case 25.74.030 shall prevail. requirement there shall be provided a setback equal in width or depth to that required in the residential district. 25.48.050(3)(b) (b) Side: None required except where adjoining a residential district in To simplify the which case 25.74.030 shall prevail. there shall be provided a setback requirement equal in width or depth to that required in the residential district. 25.48.050(3)(c) (c) Rear: None required except where adjoining a residential district in To simplify the which case 25.74.03 1 shall pfevai . there shall be provided a setback requirement equal in width or depth to that required in the adjacent residential district. 25.50.040 f4l 4) Unclassified uses Clarification 25 52 020(5) (5) Eleet,-;ea eentr-al p Power plants are a Heavy Industrial (I-3) Use. 25.66.040(9) No occupation requiring the customer or client to be present upon the Allows student premises while the profession, trade, skill or service is performed shall tutoring as a home be allowed, except for private tutoring or instruction for 3 or fewer occupation students per 24-hour period; 25.66.060 Aqy An appeal of the City Planner's decision to deny a home Correction occupation shall be filed in aEee ee with Seetion 25 84 090 and shall be reviewed by the Hearing Examiner in accordance with Sections 2.19.090 through 2.19.110. Appeals may only be filed by the applicant. 25.68.010 PURPOSE. A density increase chapter is established to provide a Density increases for means whereby an increase in the number of dwelling units may be the R-4 District would achieved beyond that amount permitted in the base density of the R-2, promote overcrowding and R-3 aii1-R-4 residential districts. The intent is to create a flexible and may not be means by which developers may voluntarily incorporate architectural feasible considering creativity, site and aesthetic considerations in the design of residential height restrictions and developments that achieve a more efficient site plan, result in a parking requirements. physical development which blends more favorably or harmoniously The current R-4 with neighboring uses, uses within the vicinity, and increase the standards have a built- quality of the living environment for its future residents. in density increase in that the R-4 density was increased slightly when the R-5 District was eliminated may years ago. 22 25.68.020 MAXIMUM INCREASE. The lot area per dwelling unit ratio within Density increases for the R-2, R-3 and R 4 residential districts may be reduced in accordance the R-4 District would with the provisions of this Chapter. The maximum available reduction promote overcrowding is as follows: and may not be (1) R-2 District: May be reduced a maximum of one thousand four feasible considering hundred square feet, from five thousand square feet per dwelling unit height restrictions and to three thousand six hundred square feet per dwelling unit; parking requirements. (2) R-3 District: May be reduced a maximum of one thousand The current R-4 square feet, from 3,000 square feet per dwelling unit to 2,000 square standards have a built- feet per dwelling unit. ; and in density increase in that the R-4 density square feet, ffe one thousand five s ° feet„°v dwelling unit to one was increased slightly when the R-5 District was eliminated may ears ago. 2G '7�4n PERMITTED LAND USES. Table 70 rTeFmit4°e Land rse...'s"zs Table originally established in 1999 a4 the of this ehapten The land listed ble 70 1 are and has never been designated as pefmit4ed by fight (P), aeeessefy (A) or- f updated 25.70.060 CARETAKER'S RESIDENCE. In the commercial and industrial Additional criteria to districts, a caretaker's residence may be permitted by special permit as clarify the intent of a an accessory use, provided the following circumstances are caretaker's residence demonstrated by the applicant: is for security in (1) The caretaker's residence is solely intended to provide security for remote and the established principal permitted use of the property; unpopulated areas of (2) The caretaker's residence is not within a substantially developed the City residential or commercial neighborhood; Qj The residential structure, to include factory assembled homes, will be located on a parcel at least two times the size of the caretaker's residence; and The structure will conform to other applicable codes and regulations for residential structures. A special permit granted for a caretaker's residence may be reviewed annually upon written request of owners of property within three hundred feet of such residence or upon written request of the city building official. In the absence of written request for review, the special permit shall automatically be extended for one year. 25.70.085 RESIDENTIAL DESIGN STANDARDS.(1) DESIGN STANDARDS. Offering the special Except for multi-family structures the following design standards shall permit process to apply to all newly constructed or newly placed dwellings in RT, R-S- request exceptions to 20, R-S-12, R-S-1, R-1, R-2, R-3 and the R-4 Districts: residential design La) The main entry doors of all dwellings must face the standards street on which the dwelling is addressed; A minimum of 30 (thirty) square feet of glazing must be on the portion of the dwelling facing the street. Dwellings with less 23 than 32 square feet of glazing must contain covered porches with a minimum of a four-foot overhang; LcJ All entry porches/landing areas must be constructed as an integral part of the dwelling architecture; (d) The main roof of all dwellings shall have a minimum 5/12 pitch; except dwellings with less than a 5/12 pitch legally established as of the effective date of this ordinance shall be permitted to be rebuilt, altered, enlarged or remodeled without the roof being changed to a 5/12 pitch; Le) All eave overhangs shall be a minimum of 12 inches; ( Dwellings with 4/12 pitch roofs may be permitted provided the main roof includes one or more secondary roofs intersecting the main roof at right angles. The secondary roof must have a pitch of 5/12 or greater; (g) No false or artificial dormers are permitted; N All foundation walls must be poured concrete or masonry block; 0 All dwellings must be permanently connected to foundations, and must meet seismic and wind loading standards for Franklin County, Washington; No more than 12 inches of foundation wall can be exposed on the walls facing a street; All siding must be durable materials, such as brick, masonry, stucco, vinyl, exterior-grade wood, or exterior grade composites, each with a lifespan of at least 20 years under normal conditions; All siding must extend below the top of the foundation 1 1/2 to 2 inches. A bottom trim board does not qualify as siding and cannot be used to cover the top of the foundation; Cm) All trim materials around windows, doors, corners, and other areas of the dwelling, must be cedar or other City approved materials that are not subject to deterioration; Ln) All electric meters must be securely attached to an exterior side wall of the dwelling. Meters are not permitted to face the street upon which the dwelling is addressed; Lo) All additions and/or other architectural features must be designed and permanently connected to the dwelling so as to be an integral part of the dwelling; �p) Primary driveways shall terminate into an architecturally integrated garage or carport. No parking pad is permitted in front of a dwelling unless such pad leads to a garage or carport; (c� At least one required off-street parking space must be located behind the front building setback line of the dwelling. (2) EXCEPTIONS. Exceptions to the design standards may be rg anted through the special permit process based upon review of the criteria 24 listed in PMC 25.86.060. 25.70.088 EXOTIC ANIMALS. Exotic animals as defined in Section 25.12.188 To provide direction are prohibited in within the City of Pasco. with respect with exotic animals. Research continuing 25.70.110(b) Whenever production in any area used as a gravel pit, sand pit, clay To provide the pit, or quarry shall have been completed, then all plants, buildings, community with structures and equipment shall be entirely removed from such property additional options and stockpiles shall be removed or back-filled into the pit within one when dealing with year after such completion. When production shall have been mineral resource uses completed, then the owner shall take such measures to rehabilitate the area as deemed reasonable by the city engineer and or as required in the special permit. A reclamation bond or surejy mjjy be required. 25 7n 020 SITE DESIGN REQUIREMENTS AND STANDARDS. Tables 74 1 Table originally and 74 2, "Site Design Requifements and Standards", afe ineefpefatea established in 1999 as paft of this Chaptef as r-efer-enee guides and is insefted at the end of and has never been this ehapter-. These fe"ir-ements are hereby established for- all updated 25.74.030 (4) REAR YARD. Where any rear yard is required, no building Addresses community shall hereafter be erected or altered so that any portion thereof may be needs nearer to the rear lot line than the distance indicated by the required rear yard, except: (a) Eaves, cornices, steps, platforms, and open porches may extend into the rear yard, but not more than 4 feet; (b) An open or enclosed porch shall be considered part of a building in the determination of the rear yard setback and lot coverage. (c) Patio trellises, pergolas, sun screens or awnings attached to a dwelling at or below the eave are not considered part of the building for setback purposes in the R-1, R-2, R-3 and R-4 Districts, however in no case shall said structures be located closer than 10 feet from the rear property line in R-1 and R-2 Districts or 8 feet in R-3 or R-4 Districts. Said structures may not be enclosed on any side except for the connection to the home. 25.74.040 BUILDING uL IGHTC The building heights r-estficfieft shall be-the Referenced tables height et forTable 74-1 and 74 2, with the following Bend tions create confusion in the C 3 zone: (1t1) Exeeptionsto Height Regula4ions. Chimneys, =v`a4er- taaks, penthouses, tev�,er-s, s6enefy lefts, elevaters, bulkheads,,—stacks,, ofnamental e-asting towefs, menuments, steeples eupolas, dories, false misansa-` s, and sifnil f stfuetui d neeessar--y neehanieal seetional . of en pereent o f the g n fi (2) The above exeeptions shall not—appry to scravcmzs=within rthe designated air-poft zone 25 25.75.050 Design Standards (3) Commercial and Industrial Districts. The first 10 feet of all commercial and industrial property abutting an arterial street and the first 5 feet of all commercial and Correction industrial property abutting a local access street shall be treated with landscaping at the time the property is developed. No less than 65 percent of the landscaped area must be treated with live vegetation at the time of planting (fir) In addition to the requirements contained in this chapter and unless specified otherwise in Chapter 25.58:950, commercial and industrial zoned properties adjacent to properties in less intense zoning Clarification districts shall have a 10 foot landscape buffer on the side immediately adjacent to less intense zoning districts. The landscaped buffer shall meet the following standards: (B) handseape buffers in eemmer-eial and in"st-Fial distfiets shall meet the following standar-ds--. (1) Live vegetation within the landscape buffer shall be planted with a mix of evergreen and deciduous trees and shrubs interspersed throughout the landscape buffer; (2) The live vegetation shall consist of 40 percent evergreen trees. (3) Trees shall be provided at a minimum rate of one tree for every 20 linear feet of property line and spaced no more than 30 feet on center spacing along each property line, unless planted in groupings of 3 trees, with groupings spaced no more than 50 feet on center along each property line; (4) Shrubs shall be provided at a minimum rate of 1 per 8 linear feet of property line and spaced no more than 16 feet apart on center; (5) Parking lots located adjacent to properties in less intense zoning districts require 100 percent of the landscape buffer to be planted with live vegetation. (C) The area between property lines and the back edge of street curbs, within right-of-way and exclusive of sidewalks and driveways for ingress/egress, shall be treated with landscape materials. 25.75.070 (1) The width of parking lot buffers shall be a°„°Ma t pen the To clarify landscaping 1..e do of the par-king let in fela4ian to the building and st eet .rl,t of requirements was follows: (a) Parking lots between the building and adjacent to arterial streets shall have a minimum buffer of 10 feet between the parking lot and the property line. (b) Parking lots between the building a adjacent to local access streets and alleys shall have a minimum buffer of 5 feet between the parking lot and the property line. 26 25.78.070(3) Shared Uses. Owners of two or more uses, structures, or parcels of Additional land within three hundred feet of each other may share the same requirement to parking or loading area when the hours of operation do not overlap. establish shared The owners of two or more uses, structures, or parcels within three parking hundred feet of each other may also share facilities concurrently; however, the total parking requirements shall be the sum of the requirements for each individual use. Whenever shared parking is allowed under this section, the parking lot shall be signed so as to reasonably notify the public of the availability of use, and spaces shall not be assigned, allocated or reserved between use; a notarized shared parking_agreement signed by the owner(s) filed with the County Recorder's Office shall be required for shared parking between two or more separate tax parcels under separate ownership. 25.78.100 SPECIAL EVENT PARKING LOTS. (1) Special event parking lots Edgar Brown stadium used on an infrequent basis such as those associated with seasonal play parking lot is now fields and the Edgar- -Brow Stag,,.,, shall be exempt from provisions completely paved of this chapter except subsection 25.78.090 (7). 25.78.110 HANDICAPPED PARKING. Handicapped parking shall be designed State law changed and provided for in accordance with the International Building Code as adopted. RCW 19.27),-and Chaptef 51 10 WAG Seetion 75 25.86.010 GENERAL PROVISIONS. Unclassified uses enumerated in Section Clarification/ 25.86.020, conditional uses listed within each district, and any other correction to reflect uses specifically referred to this chapter shall be subject to the criteria required to regulations contained in this chapter, in addition to all applicable grant a Special Permit requirements of this Title. All such uses, due to their nature, are deemed to require special review to consider, on a case by case basis, their impacts on adjacent uses, uses within the vicinity and the infrastructure which would serve them. Conditional uses and other uses specifically referred to this chapter may be permitted only in their respective districts. Unclassified uses may be permitted within any district where not otherwise prohibited. 27 25.86.020 UNCLASSIFIED USES. The following uses shall be considered unclassified: (1) High schools, colleges, universities, vocational schools, business colleges and other similar academic or skills training facilities or institutions not heretofore permitted within any district; (2) Cemeteries, crematories, mausoleums, and other places of burial or interment of remains; (3) Churches; (4) Community service facilities, as defined in Sections 25.12.155 and 25.12.156; (5) Airports, heliports, or any other landing or maneuvering space for aircraft, together with terminals and other customary facilities accessory to the unclassified use; (6) Golf courses, pitch and putt courses, miniature golf courses, water parks, sports complexes, riding stables, and similar facilities for public, Clarification private or membership use; (7) Monasteries, convents or other functionally similar facilities; (8) Mines, quarries and gravel pits; (9) Landfills, garbage dumps, and resource recovery facilities; (10) Off-site parking lots, except those required for a residential use, provided such parking area is not more than five hundred feet from the building; (11) Electrical substations and load transfer stations, natural gas booster stations, and other similar utility facilities; (12) Park and ride lots, off-street transfer stations or other similar facility involving the storage, start-up, idling and movement of public or private operated carrier, charter or transit buses, vans, and similar vehicles; and (13) Agricultural use (commercial) except in areas 1,000 feet from a residential zoning district, subdivision or dwelling unit. 28 25.86.040 APPLICATION REQUIREMENTS. Applications for special permit shall include the following: (1) Present use of the land and structures, if any; (2) Detailed description of the proposed use; (3) Description of any existing zoning ordinance violation; (4) A site map or plan drawn neatly and to scale, showing the following: (a) Exterior property lines and any adjacent public street or alley rights-of-way. (b) Existing and proposed buildings and other structures. (c) Existing and proposed points of ingress and egress, drives and driveways and circulation pattern. (d) The location of existing and proposed parking areas with each parking space shown. (e) Existing and proposed open spaces and landscape areas. (5) ro,-ifieate ,.fownership and „ list of owners, with .,ddvesses f all prepefty within three h"dred feet of the appheant's pr-epeAy,—as provided and eet4 fled by „ h;mood Title eompafty The property owner's notarized signature acknowledging�pplication. a*d For clarification and (6) Any other pertinent information that may be necessary consistency with to determine if the use meets the requirements of this Title. practice 25.86.120 EXTENSIONS. ^ one time extension of a speeial pefmi The Ci Clarification Council may be granted a one-time extension without a public hearing provided the extension does not exceed six months and an application for extension is submitted to the City Planner no later than thirty days a€ter rip or to the expiration date of the special permit. This provision does not apply to temporary special permits. 25.88.020 INITIATION OF AMENDMENTS. For clarification and (1) Zoning Map: consistency with (a) Any person, firm, corporation, group of individuals, or practice municipal department may petition for a zone change with the following exceptions: (i) If the person, firm, corporation or group of individuals does not have legal ownership of the parcel of land under consideration for rezoning, the petition shall not be accepted. All petitions submitted must contain the notarized signature of the legal owner of the property. The legal owner is considered to be the owner of record. (2) Text: (c) Any resident or property owner within the Pasco Urban Area may petition the City Council for a text amendment. A petition to amend the text does not obligate the City_ Council to follow through with the petitioned amendment. 29