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HomeMy WebLinkAbout11-15-2012 Planning Commission PacketPLANNING COMMISSION - AGENDA REGULAR MEETING I. CALL TO ORDER: II. ROLL CALL: III. PLEDGE OF ALLEGIANCE: IV. APPROVAL OF MINUTES: V. OLD BUSINESS: 7:00 P.M. November 15, 2012 Declaration of Quorum October 18, 2012 A. Rezone Rezone from BP (Business Park) to C -3 (General Business) (Bill Dolsen) (MF# Z 2012- 003) - Continued to December 20, 2012 Meetin¢ B. Special Permit Location of a Level 1 Community Service Facility (Sol Educational Services) (MF# SP 2012 -022) VI. PUBLIC HEARINGS: A. Special Permit B. Special Permit C. Special Permit D. Special Permit E. Zoning Determination F. Code Amendment VII. OTHER BUSINESS: VIII. WORKSHOP: A. Code Amendment IX. ADJOURNMENT: Location of a cellular antennae (AT&T) (MF# SP 2012 -023) Location of a records storage facility (Lourdes Hospital) (MF# SP 2012 -024) Location of a church in a C -1 zone (Pasco Bible Missionary Church) (MF# SP 2012 -025) Location of a church in an R -2 zone (Hugo Lozano) (MF# SP 2012 -026) Zoning determination of an unincorporated property located at Kahlotus Hwy /Commercial Ave (MF# ZD 2012 -003) Title 25 Revisions (MF# CA 2011 -006) Regional Commercial Zones (MF# CA 2012 - 0 REGULAR MEETING PLANNING CALL TO ORDER: MEETING The meeting was called to order at 7:OOpm by Chairman Cruz. POSITION MEMBERS PRESENT No. 1 Michael Levin No. 2 No. 3 Andy Anderson No. 4 Alecia Greenaway No. 5 Joe Cruz No. 6 No. 7 Zahra Khan No. 8 Jana Kempf No. 9 Paul Hilliard APPEARANCE OF FAIRNESS: MEMBERS ABSENT Vacant Vacant October 18, 2012 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. 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 Levin, that the minutes dated September 20, 2012 be approved as mailed. The motion passed unanimously. OLD BUSINESS: A. Rezone Rezone from BP (Business Parkl to C -3 (General Business) (Bill Dolsen) (MF# Z2012- 003) - Continued to November 15, 2012 MeetinE Chairman Cruz read the master file number and asked for comments from staff -1- David McDonald, City Planner, discussed the status of this item. At the last regular meeting this item was continued for one month to allow staff time to meet with the applicant and his architect to work out issues of layout of their building on the property. Staff met with the architect and the applicant asked to have one more month to get a clearer picture on how the building will fit and from that staff will be able to create conditions for the rezone. Commissioner Anderson moved, seconded by Commissioner Kempf, to continue the deliberations until the November 15, 2012 meeting. The motion passed unanimously. B. Preliminary Plat Preliminary plat approval for Sunset Village (Dave Richards) (MF# PP2012 -0031 Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the preliminary plat approval for Sunset Village. The plat is on Road 90, approximately 960 feet north of Sandifur Parkway, a little less than five acres, 26 lots and 2 tracts in the R -3 zoning district. Nothing has changed from the previous staff report in September with the exception of Condition #2, involving landscaping. That condition has been enhanced to include a deadline of installation of landscaping and more specific requirements related to those contained in the PMC. Condition #3 was also enhanced to include the private utility system as an item that will be maintained by the Home Owner's Association through the covenants, conditions and restrictions with the plat. Commissioner Anderson moved, seconded by Commissioner Greenaway, to adopt findings of fact and conclusions therefrom as contained in the October 18, 2012 staff report. The motion passed unanimously. Commissioner Anderson moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions, as adopted, that the Planning Commission recommend City Council approve a Preliminary Plat for the Sunset Village Subdivision with the conditions as listed in the October 18, 2012 staff report. The motion passed unanimously. PUBLIC HEARINGS: A. Special Permit Location of a thrift store in a C -1 Zone (Riverview Baptist Churchl IMF# SP2012 -0201- Continued from September 20, 2012 Meeting Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit application for the location of a thrift store in a C -1 Zone. This is a continued public hearing from the September 20, 2012 meeting to allow additional testimony. The conditions, initial staff findings of fact and conditions have all been developed supporting approval of the proposal. -2- Pastor John Paisley, 4921 W. Wernett, briefly thanked the staff and Planning Commission for their consideration and stated that their store will support missionaries globally and that it will be completely non - profit. Commissioner Khan moved, seconded by Commissioner Hilliard, to adopt findings of fact and conclusions therefrom as contained in the October 18, 2012 staff report. The motion passed unanimously. Commissioner Khan moved, seconded by Commissioner Hilliard, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Riverview Baptist Church for location of donation - based thrift shop at 1208 N. 20th Ave, with conditions as listed in the October 18, 2012 staff report. The motion passed unanimously. B. Special Permit Location of a Level 1 Community Service Facility (Sol Educational Services) (MF# SP2012 -022) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit application for the location of a Level 1 Community Service Facility. The Community Service Facility is an afterschool child tutoring center for as many as 40 students, which is an unclassified use which requires special permit approval in all zoning districts. The staff report describes the services that will be provided by the applicant and the report discusses the site location, the availability of public transit and the parking for those parents dropping off those students. The initial staff findings of fact and the conclusions that are required to be addressed have been formulated to support approval of the application. With no questions from the Planning Commission the public hearing was opened. Rolando Rodriguez, 7909 W. Dradie Street, spoke on behalf of his application. The special permit would allow for him to provide educational services, academic tutoring after school for children in math and reading from grade levels K -12 to help students meet grade requirements and to pass the state requirements to graduate. He said that it will also create jobs in Downtown Pasco. Commissioner Hilliard asked the applicant if he had any concerns with any of the conditions included in the staff report. Chairman Cruz briefly went over what some of those conditions were. Mr. Rodriguez answered that he did not have any concerns with those conditions. Commissioner Anderson moved, seconded by Commissioner Khan, to close the hearing on the proposed Sol Educational Youth Center and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the November 15, 2012 meeting. The motion passed unanimously. -3- C. Zoning Determination Zoning Determination of unincorporated property located in the Riverview Area IMF# ANX2012 -0011 Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed the zoning determination of unincorporated property located in the Riverview Area. On June 18, 2012 the City Council adopted a resolution accepting a notice of intent to commence annexation proceedings for the Riverview Area indicated on a map in the staff report; generally located between Road 68 on the west and Road 52 on the east, south of Franklin County Irrigation Canal and northerly of Sylvester Street on the south. The area encompasses around 608 acres, 525 homes and depending on the household multiplier, there is anywhere from 1,300 -1,500 individuals living in the area. As the City has done with previous annexations within the West Pasco area, after a notice of intent has been received by the City and accepted by the City Council, but prior to the Council hearing on the actual annexation, the Planning Commission is required to review the proposal with respect to zoning to develop a recommendation to City Council in the event the area does become annexed. Mr. McDonald briefly explained maps that depicted current zoning in the annexation area and proposed zoning in the annexation area. Most of the area (90 percent) is currently zoned RS -20 (Suburban). The RS -20 zone permits single - family homes to be developed on lots that are no smaller than 20,000 square feet. There is about 8 '/z percent of the area zoned R -2 (Medium Density Residential) along Road 68 and on either side of Court Street between Road 52 and Road 60. Most of the development within the R -2 zone is single - family in nature homes on 20,000 square foot lots or a little larger. The current zoning and the land use are not consistent. There is a small area about 13 acres of commercial property between Road 60 and Road 64, mostly located in the mini- storage facility on the north side of Court Street, east of Road 64. The Comprehensive Plan Map was developed in the City's Comprehensive Plan and because it considers areas within the urban growth boundary, the County adopted the plan for land use guidance in the Riverview Area. When comparing the County zoning with the actual land use, there are some anomalies. One of the anomalies is the Buttercreek Estates area. That property was zoned by the County R -2 however it has not been developed with R -2 development. It is all single - family residential on half acre lots. The band along Court Street is the same way, mostly fully developed with single- family homes and two -three vacant lots. Staff feels that the R -2 zoning designation would not provide the community and neighborhoods within the annexation area the protection that people are looking for with respect to maintaining the character of the neighborhood. R -2 zoning allows duplexes, triplexes and fourplexes to be built in addition to single - family homes. A good share of the R -2 zone within the County is zoned with a concomitant agreement restricting development to single - family however there are some developments that do not have that agreement in place. There is no or simple or effective way for the City to ME now go back to institute a concomitant agreement now that so many different property owners are involved. Another anomaly is the fact that some of the areas within the boundary, even though they are zoned RS -20; the lots are non - conforming due to lot sizes smaller than 20,000 square feet. There are two lots on the north side of Court Street just west of Road 60 that up until last year were zoned C -1 (Retail Business). The owner requested that the County rezone those to residential. There was little demand or action for commercial properties. The County zoned those two lots R -2 with a concomitant agreement restricting those properties to single - family development. Staff is proposing to leave most properties or rezone to RS -20, including the Buttercreek Estates area and the other areas shown on the map as R -2. The RS -20 would provide the neighborhood with the protection the neighbors are looking to retain the neighborhood character that currently exists. Staff is recommending to maintain some commercial where the mini - storage area exists along with the lots on the south side of Court Street that are currently developed for commercial and about an acre at Road 60 and Court that is currently zoned C -1. There is a property on Road 60 and Court Street currently zoned C -1 that staff proposes to rezone to residential. It is only 11,000 square feet and is too small for commercial. Commissioner Hilliard asked if staff has heard from the property owner of the parcel that is currently zoned C -1 that staff is recommending rezoning to residential or the property owners who are zoned R -2 and staff is recommending rezoning to RS -20. Mr. McDonald stated that he has only heard from one owner of two parcels. When he initially applied with the County he was seeking R -2 zoning which would allow duplexes, however the County through their process restricted it to be virtually RS -20. Since that is the way the zoning is in the County the City recommends to keep it the same. Commissioner Levin asked if 90 percent of the Riverview Annexation area is RS -20 and if the recommendation from the City is to keep the same zoning. Mr. McDonald answered that it is about 90 percent RS -20 zoning and that the City is recommending keeping RS -20 and all of the R -2 to be rezoned to RS -20. Chairman Cruz stated that everything proposed is intended to keep or lower the density use. Mr. McDonald clarified the statement Chairman Cruz made by saying that all of the RS -20 zoning will remain and the R -2 zoning will be rezoned to RS -20 even on the vacant lots. Rick White, Community & Economic Development Director, stated that with the County concomitant agreements, those properties zoned R -2 are not only limited to site built houses on large lots but they also incorporate the standards for animals that -5- are present in RS -20 zones. It is proposed that it would carry the RS -20 zoning if it were annexed. Chairman Cruz stated that the City is recommending staying consistent with the current use of the area with low- density zoning. Commissioner Khan asked if the lots smaller than 20,000 square feet would also be zoned RS -20. Mr. McDonald answered that those lots would be zoned RS -20 as a non - conforming lots but would be legal lots, meaning if the building was damaged it could be rebuilt. Commissioner Hilliard asked if there have been any duplexes built at this time in Buttercreek. Mr. McDonald answered that it is all single - family homes. Chairman Cruz asked if there is any commercial bias towards expanding the commercial node at Road 68 and Court Street. Mr. McDonald answered that Road 68 isn't in the proposed annexation area. Chairman Cruz asked then if the commercial area in the annexation area would have large stores, such as Walmart. It is going to be smaller retail, not a large commercial hub in that area. Mr. McDonald answered that is correct. With no further questions from the Planning Commission the public hearing was opened. Steven Schlegel, 9304 W. Richardson Road, stated that the proposed zoning seems proper and maintains the feeling of the area. Les Litzenberger, 6105 W. Argent Road, spoke in support of the zoning that has been proposed and presented. Maintaining RS -20 zoning is ideal for the area. Rick Weiss, 6617 Buttercreek Court, stated that RS -20 zoning would be great. The neighborhood was concerned about high -rises being built in a field next to them so the RS -20 zone would stop that from happening. Mr. Weiss asked a question about the process and Planning Commission, Chairman Cruz answered that the Planning Commission represents the citizens of the City of Pasco looking at things such as zoning, special permits and codes. The Planning Commission's recommendation then goes to City Council and they debate and make the actual decision. Pam Kelly, 8414 W. Bell Street, stated she did not live in the proposed annexation area but wanted to voice her support. The proposed zoning looks good but she was 092 concerned that the zoning would change after the annexation went through. She asked if it would be possible for the zoning to change. Commissioner Anderson answered that he has been through two annexations personally. In both cases the zoning has remained the way the City had zoned the area. Mr. White stated that the City cannot stop a person from requesting a zone change. However, there would be public hearings and a decision that would be well publicized. The goal is to maintain the character of the neighborhood but staff cannot stop people for applying for something else. Leonard Harms, 1705 Road 64, stated that he has been following the annexation process and was part of the twelve member annexation team that met for about five sessions to look at the overall comparison between County and City. The proposed zoning was a high level interest. After the presentation from staff most of the questions have been answered that he has heard expressed. Jeff Hendler, 3016 Road 56, asked why 22,000 square feet is required for wells, sewer and septic tanks since he's been hearing that number. At 20,000 square feet, the minimum for RS -20 zoning, that doesn't meet that requirement. Mr. McDonald answered that the Benton Franklin Health District set the requirement for septic tanks. Developers have to make their lots through that platting process to determine proper lot sizes for septic tanks. Mr. McDonald also said that 22,000 square feet is also the minimum for a horse or a cow. Rick Dunbar, 3112 Chardonnay Drive, voiced concern about the RS -20 zoning. He said that the City recommends keeping similar zoning as the County but he feels that the City looks a lot denser than the annexation area. He feels that eventually smaller lots would be developed in the area if it's annexed. He stated that many people really wanted the opportunity to vote on annexation. Chairman Cruz stated that concern was incorrect. The lot sizes would have to remain 20,000 square feet unless someone applied for a change in zoning which would be a public process advertised with public hearings before a decision. The City does not intend to make the area high density. Alicia Chabrier, 2909 N. Road 76, asked if the City Council might not take the recommendation of the Planning Commission. Chairman Cruz answered that is true and sometimes it happens that they do not take the recommendations of the Planning Commission but they are required to consider the testimony developed at the Planning Commission Meetings in their decision making process. Mr. McDonald added that of the 22 annexations that have preceded the current one, there has only been one case where the City Council and the Planning Commission disagreed on in the area around Chiawanna Park. Planning Commission recommended RS -12 and during the course of the annexation hearing the City Council -7- zoned it RS -20. All of the other annexations the City Council accepted the Planning Commission's recommendation just as it came to them. Leonard Harms, 1705 Road 64, spoke on the lot size requirement by the Benton Franklin Health District. While .5 acre is their minimum size, that is net size. If there are any easements on that property they have to be considered as not part of the .5 acre. Oftentimes the lots need to be more than the .5 acre because of irrigation and public utility districts or a well. With no further comments the public hearing was closed. Commissioner Khan moved, seconded by Commissioner Greenaway, to adopt the findings of fact as contained in the October 18, 2012 staff report. The motion passed unanimously. Commissioner Khan moved, seconded by Commissioner Greenaway, based on the findings of fact as adopted, the Planning Commission recommend the City Council zone the Riverview Annexation Area to RS -20, R -2 and C -1 as indicated on the zoning map identified as Exhibit #1 attached to the October 18, 2012 staff report. The motion passed unanimously. D. Zoning Determination Zoning Determination of unincorporated property located at I -182 Water Intake Facility (MF# ANX2012 -002) Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed the zoning determination of unincorporated property located at the I -182 Water Intake Facility. The City Council recently passed a resolution that accepted a notice of intent to annex a small piece of property just northerly of the Pasco /Richland Bridge along Court Street. This is a small property that the City recently purchased that is needed for water intake facilities for the City's water work system. That property will most likely be annexed by the end of the year. Zoning designation needs to be applied to that property prior to annexation. The property is all located north of 1 -182. In the county it is currently zoned RT (Residential Transition). Staff is recommending that it remains zoned as RT at the present time to match the County. In the future it will mostly likely be rezoned. There will also need to be a shoreline permit application and perhaps a special permit for the facilities that will be located on this lot, whether it is zoned RS -20 or RT. Steven Schlegel, 9304 W. Richardson Road, asked for clarification on the possible zoning change and what the plans are by the City for that property. Mr. McDonald answered that the City is planning to expand the ability of withdrawing water from the river for the City water system. The City already has an intake pump and facility under the bridge and it needs to be enhanced and enlarged. A number of M pipes will need to be run from the river up to Court Street and then down to the water plant. To be able to control what happens to that property the City needs to annex it. Once it is annexed and the proper permits are obtained, the Public Works Department will then get a contract to have the equipment installed. Mr. Schlegel asked for clarification on the location of the water intake and the location of the lot. Mr. McDonald answered that the water intake itself will be in the river but the piping to carry the water to the water intake facility will be underground through the proposed site. Mr. Schlegel asked if the Planning Commission knew the property was included in the incorporation petition that the County has received and have certified that there are an adequate amount of signatures for a vote and that it cannot be annexed without a vote. Rick White, Community 8s Economic Development Director, stated that is incorrect. The annexation petition was filed October 3, 2012. The state law regarding incorporation and annexation gives an adjacent city 90 days from the filing of the petition to initiate annexation efforts for any property contained within the incorporation petition. Essentially, Pasco has 90 days from October 3, 2012 to initiate annexation. The reason the Planning Commission is considering zoning designation is because that needs to be determined prior to annexation. With no further questions or comments the public hearing was closed. Commissioner Levin moved, seconded by Commissioner Khan, to adopt the findings of fact as contained in the October 18, 2012 staff report. The motion passed unanimously. Commissioner Levin moved, seconded by Commissioner Anderson, based on findings of fact as adopted, the Planning Commission recommend the City Council zone the Water Intake Annexation Area to RT. The motion passed unanimously. With no further discussion or business, the Planning Commission was adjourned at 8:05 p.m. Respectfully submitted, Dave McDonald, City Planner 02 REPORT TO PLANNING COMMISSION MASTER FILE # SP2012 -022 APPLICANT: Sol Case Management HEARING DATE: 10/ 18/2012 117 S. 3rd Avenue ACTION DATE: 11/ 15/2012 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a Level One Community Service Facility in a C -2 (Central Business) Zone 1. PROPERTY DESCRIPTION: Legal: Lots 9 & 10, Block 22, NP Plat General Location: 117 S. 3rd Avenue Property Size: 14,000 square feet 2. ACCESS: The parking lot has access from Columbia Street and an alley from 3rd Avenue. 3. UTILITIES: All municipal utilities currently serve the site. 4. LAND USE AND ZONING: The site is zoned C -2 (Central Business) and contains a commercial structure. The zoning and land use of the surrounding properties are as follows: NORTH: C -2 - Commercial SOUTH: I -1 - Commercial EAST: C -2 - Commercial WEST: C -2 - Commercial 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for commercial uses. 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 applicant proposes to operate an after- school child tutoring center in an existing commercial structure located in a C -2 zone. The proposed use is most closely aligned with a Level One Community Service Facility, which is considered an Unclassified Use; thus requiring special permit review. The applicant has indicated that Sol Educational Services will employ six (6) 1 staff members serving up to 40 students. Students will use public transit and personal vehicle drop- off /pick -up to access the center. The education /tutoring service will be available from 3:00 pm to 8:00 pm Monday- Friday and from 10 am to 2 pm on Saturday. Sol Educational Center will provide an after school tutoring program to elementary, middle school and high school students; providing assistance with homework. The site is composed of two parcels located on the northeast corner of the intersection of South 3rd Avenue and Columbia Street. The site is bound by arterial streets to the west and to the south. Both arterials serve public transit, which provides convenient access for students traveling to the youth center from nearby schools. The site also contains two paved parking areas with a total of 13 striped parking stalls. Assuming each of the six (6) employees occupy one stall, seven (7) stalls would remain available to customers. Additionally, sites zoned C -2 are exempt from off - street parking requirements. It is also assumed that most or all of the children will likely be dropped off by family or friends and that the vehicles will not remain on -site while tutoring services are in session. STAFF FINDINGS OF FACT Findings of Fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is addressed 117 South Third Avenue. 2. The site is zoned C -2 (Central Business). 3. The site is located on the northeast corner of Columbia Street and South Third Avenue. 4. The site is comprised of two tax parcels (112039044 & 112049053) 5. Sol Educational Services is a for- profit organization dedicated to providing tutoring and mentoring for students. 6. Sol Educational Services will provide tutoring services for up to 8 hours per day five days per week. 7. Sol Educational Services is classified as a Community Service Facility in the Pasco zoning code. 8. Community Service Facilities are considered Unclassified Uses and thereby require special permit review (PMC 25.86.020). 2 CONCLUSIONS BASED ON STAFF FINDINGS OF FACT The Planning Commission must make Findings of Fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed findings are as follows: 1. Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? Comprehensive Plan Goal CF -5 encourages the fostering of adequate provisions for educational facilities throughout the urban growth area. Sol Educational Services is a private educational support facility that will offer special services for students. 2. Will the proposed use adversely affect public infrastructure? The proposal will generate little demand for public utilities only being open to serve students for up to 5 hours per day for six (6) days per week. Water and sewer demands of the proposed use will be negligible compared to permitted uses such as restaurants. Traffic generation of the proposal will be minimal and easily accommodated by the existing road system. 3. Will the proposed use be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity? The structure proposed to contain the youth education center has existed for approximately 63 years. The intended character of the vicinity is commercial in nature. The purpose of the C -2 zone, in part, is to promote a commercial clustering concept and revitalization by emphasizing pedestrian access. The proposed community service facility is a commercial business and its central location will complement existing commercial businesses by increasing the number of vehicle trips per day in the vicinity. The proposed use will have minimal adverse impacts on the existing and intended character of the neighborhood. 4. Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? Sol Educational Services is proposing to expand their services within an existing and recently remodeled facility originally constructed 63 years ago. The facility is single -story whereas the C -2 zone permits structures up to 45 feet in height. Surrounding properties are fully developed. The subject property's renovations make it stand out as 3 current and tasteful. The condition of the subject structure will likely encourage use and development of existing or potential businesses within the immediate vicinity. 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? An educational center serving up to 40 students per day may have similar levels of activity to other permitted uses in this zone. The C -2 zone permits uses with generally higher levels of adverse impacts than the proposed education center and is not expected to create adverse impacts to other permitted uses. 6. Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? It is expected that the proposed tutoring center will in no way cause harm to public health and safety and that the associated activity will not become a nuisance to permitted uses in the vicinity. APPROVAL CONDITIONS 1. The Special Permit shall apply to Tax Parcels #112039044 & 112049053 for the building at 117 South Third Avenue; 2. The applicant shall comply with all building code requirements for the occupancy class applicable to the use; 3. The Special Permit shall be null and void if a City of Pasco business license has not been obtained by February 28, 2013. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions as contained in the November 15, 2012 staff report. MOTION for Recommendation: I move based on the findings of fact and conclusions that the Planning Commission recommend the City Council grant a special permit to Sol Case Management for the location of a tutoring center at 117 S. 3rd Avenue with the conditions as contained in the November 15, 2012 staff report. El it, c� 1� ct ct N do I � �'� � '�'t, .z• � ";'�Yi to 5 " � • � : "�" ` f i • ICI �� , tx � � ice' !. � i \ z ,moo .� ci • o � O AyE a3 ct Ric c c� z - a PEN tp Ts ct NO U o N REPORT TO PLANNING COMMISSION MASTER FILE NO: SP2012 -023 APPLICANT: AT &T Wireless c/o Marianne Boring HEARING DATE: 11/15/2012 P.O. Box 2123 ACTION DATE: 12/20/2012 Richland, WA 99352 REQUEST: SPECIAL PERMIT: Location of a Cellular Antenna Tower in an R -1 (Low Density Residential) Zone 1. PROPERTY DESCRIPTION: Legal: Parcel #119 - 170 -013: That portion of the northeast 1/4 of Section 24, Township 9 North, Range 30 East, W.M. lying southerly of Argent Road excluding State Highways General Location: 2600 North 20th Avenue Property Size: The parcel is approximately 133 acres 2. ACCESS: The site is accessed from Argent Road and 20th Avenue. 3. UTILITIES: All municipal utilities currently serve the site. 4. LAND USE AND ZONING: The site is currently zoned R -1 (Low Density Residential) and contains Columbia Basin College, a community college. Surrounding properties are zoned and developed as follows: NORTH: I -1 - Pasco Airport SOUTH: R -2 & R -3 - Single - Family & Multi- Family Residences EAST: C -1 - Commercial WEST: RS -1 & I -1 - Schools 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Government/ Public uses. Goal OF -2 suggests the City ought to maintain land use flexibility in regard to placement of infrastructure for public and private utilities. Policy OF -2 -A encourages the sound management of all energy and communication utilities through coordination and cooperation dealing with construction of such facilities. Policy OF -2 -B encourages the placement of utility substations which are necessary for the surrounding neighborhood. 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 1 information, a threshold determination resulting in a Determination of Non - Significance (DNS) has been issued for this project under WAC 197- 11 -158. ANALYSIS AT&T Wireless is requesting special permit approval to locate a cellular antenna tower within the Columbia Basin College campus; on top of the Student Union Building ( "Hub" building), which contains a cafeteria and administrative offices. The requested tower is proposed to be 20 feet in height; which would visually extend 17'3" above the parapet wall. The R -1 zone permits structures to reach a maximum height of twenty five (25) feet. The proposed location of the wireless communication antenna and equipment falls under the provisions of PMC 25.70.070, which requires review and approval by special permit prior to the issuance of a building permit. The zoning regulations were specifically developed to permit (through special permit review) cellular tower /antenna equipment on taller buildings within the community. By using the height of existing structures for cellular antennas the community avoids the unnecessary proliferation of large stand -alone towers. Because the location of the roof mounted antenna will be located on a building in the center of the CBC Campus the antenna will have little or no visual impact on the community. The PMC special permit review criteria for wireless facilities are written as follows: 25.70.075 WIRELESS COMMUNICATION FACILITIES. Wireless Communication Facilities are permitted under the following conditions: (1) Such structures shall be permitted in all industrial or C -3 zoning districts provided the location is 500 feet or more from a residential district. Any location closer than 500 feet requires special permit approval. (2) Such structures may be permitted by special permit in all other zoning districts provided said structures are: (i) Attached to or located on an existing or proposed building or structure that is higher than thirty -five (35) feet; or (ii) Located on or with a publicly owned facilitu such as a water reservoir, fire station, police station, school, county or port facilitu, (c) All wireless communication facilities shall comply with the following standards 2 1) Wireless facilities shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of compatible materials, strategic location, color, stealth technologies, and /or other measures to achieve minimum visibility of the facility when viewed from public rights -of -way, and adjoining properties such that a casual observer cannot identify the Wireless Communication Facility. 2) Wireless facilities shall be located in the City in the following order of preference: a) Attached to or located on buildings or structures higher than 35 feet. b) Located on or with a publicly owned facility c) Located on a site other than those listed in a) or b). The proposal meets the criteria above in that the tower is proposed on a public facility which is over 35 feet in height. Commonly, cellular providers locate the equipment cabinets within a fenced area surrounding the base of a pole; in this case the equipment will be located at the base of the pole which is on the rooftop. The Hub building is centrally located on campus; over 800 feet from the nearest structure on one of the surrounding properties. The elevation of the CBC campus is approximately 410 feet above sea - level. This means that the peak of the antennae tower will be approximately 472 feet above sea - level. Painting the proposed cell tower /monopole to blend into the sky and existing building may help disrupt the visual impacts on properties in the vicinity by blending it into the surrounding features. If constructed, it is not likely that the proposal will negatively affect any permitted uses in the vicinity. Additionally, a cellular antennae tower identical to the one being proposed is currently located on the Hub building. The existing tower was previously granted a special permit authorizing its location. The proposal does not change the primary use of the property nor does it affect future uses in the area. The CBC campus is located within close proximity to the Pasco Airport. To address air navigation safety, the applicant submitted an Obstruction Evaluation form to the Federal Aviation Administration (FAA) and received a "Determination of No Hazard to Air Navigation" dated 9/6/12 (attached). The determination has been forwarded to Pasco Airport officials for review and commenting. 3 INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is zoned C -1 (Retail Business). 2. The Comprehensive Plan identifies the site for Government/ Public uses. 3. The site contains a community college. 4. The site is 133 acres in area. 5. All municipal utilities currently serve the site. 6. In the R -1 zone cellular towers may be permitted by special permit provided the tower is either: i) Attached to or located on an existing or proposed building or structure that is higher than thirty -five (35) feet; or ii) Located on or with a publicly owned facility such as a water reservoir, fire station, police station, school, county or port facility. 7. The proposed cellular tower will be located on top of a publicly owned school facility which is greater than 35 feet in height. 8. The Comprehensive Plan suggests the City ought to maintain land use flexibility with regard to placement of infrastructure for public and private utilities. 9. The Comprehensive Plan does not specifically address cellular equipment. 10. Cellular equipment creates minimal demands on City infrastructure. 11. A Determination of No Hazard to Air Navigation has been issued by the FAA to the applicant relative to the proposed antennae tower location. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Comprehensive Plan does not specifically address cellular equipment. The Comprehensive Plan goal OF -2 and policy OF -2 -A discuss the need for sound management and coordination in the location of utilities and community facilities. (2) Will the proposed use adversely affect public infrastructure? The proposed use is a part of the communication network utilized by the general public. The proposed equipment will be located in such a manner so as not to impact other public utilities or services. The proposed use does not require water and sewer. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The character vicinity is dominated by the community college. The addition of a small antennae tower atop an existing building will not alter or affect the existing or intended character of the school. Painting the pole to blend in with the building and sky will also help achieve a degree of harmony with the general vicinity. (4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The proposed 20 -foot tall antenna tower will be located on one of the tallest buildings in Pasco and will not generally be noticed by the public and is unlikely to discourage development in the vicinity. Perhaps the inverse is a more likely result; the added 4G service and increased signal strength may be an attractant to potential developers. (5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The proposed cell tower will create no fumes, dust or noise. Cell towers facilities have been located throughout the community in residential, commercial and industrial zones without generating any complaints received by the City. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way become a nuisance to uses permitted in the district? 3 Cell tower radio waves have not been proven to be harmful to human health. Radio wave activity is focused on the antennas which are elevated approximately 50 feet above grade away from human activity. The most noticeable impact will be visual. Though potentially displeasing to the eye, the tower poses no true threat to public health and safety. TENTATIVE APPROVAL CONDITIONS 1) The special permit shall apply to Parcel # 119 -170 -013; 2) The property shall be developed in substantial conformity with the site plan and elevations submitted with the application; 3) The cellular tower shall be painted a neutral color which blends well with the landscape such as grey, beige, sand, tope or light brown; 4) The wireless communication antenna shall not be used for advertising or other non - communication purposes; 5) The special permit shall be null and void if the applicant has not obtained a City of Pasco building permit by December 31, 2013. RECOMMENDATION MOTION: I move to close the hearing on the proposed cellular tower and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the December 20, 2012 meeting. 0 Z N C� N 4. M a � O U .. 0 I � y K.; o ; 1 Oil �f F �� Q E art .. .►.. ' • ....... •.1 ■1.11.• .� -■. ■..1.:11...11.:: :0 :: gIIIIII ■1■11 I I : ■ 1► ...1..111.■.. ■. .� IN i■ iiiiliil � �Ij III 111 � i � �� • X111111 11111111■ '\ 1111 1111111111 \1I 111111111 � r G � ��� 1/111111 C 1111 11 111/1111/ 1111 11 � 11/1/1111 C 1111 1 11/111111 1111 1 1111/1111 1//111111 p p p p ' IIIIIIIII CC C. ■ ■ ■� ■■1: 11111111/1 � 1111111111 � � , � 11111/1111 ��C 11/111/111 �i i� � p 1111111111 SEE OF � .111 ■■ �� �■ /INMI I ■ ■ ■■ 111■ 111 ■ , �� ills INN � ii i ■■ Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 2601 Meacham Boulevard Fort Worth, TX 76137 Issued Date: 09/06/2011 Bill Saraceno Columbia Basin College 2600 N 20th Ave Pasco, WA 99301 Aeronautical Study No. 2011 -ANM- 2255 -OE ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Antenna - Top Mount PASCO AIRPORT Location: Pasco, WA Latitude: 46- 15- 08.57N NAD 83 Longitude: 119-07-13.80W Heights: 67 feet above ground level (AGL) 488 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: It is required that FAA Form 7460 -2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: At least 10 days prior to start of construction (7460 -2, Part I) _X_ Within 5 days after the construction reaches its greatest height (7460 -2, Part II) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking /lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460 -1 K Change 2. This determination expires on 03/06/2013 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E -FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE- EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO Page 1 of 4 T.. SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates , heights, frequency(ies) and power . Any changes in coordinates , heights, and frequencies or use of greater power will void this determination. Any future construction or alteration , including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487 -6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. A copy of this determination will be forwarded to the Federal Communications Commission (FCC) because the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (425) 227 -2824. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2011 -ANM- 2255 -OE. Signature Control No: 148711623- 149119503 Kathie Curran Specialist Attachment(s) Frequency Data Map(s) cc: FCC Page 2 of 4 (DNE) Frequency Data for ASN 2011 -ANM- 2255 -OE LOW HIGH FREQUENCY ERP FREQUENCY FREQUENCY UNIT ERP UNIT 698 806 MHz 1000 W 806 824 MHz 500 W 824 849 MHz 500 W 851 866 MHz 500 W 869 894 MHz 500 W 896 901 MHz 500 W 901 902 MHz 7 W 930 931 MHz 3500 W 931 932 MHz 3500 W 932 932.5 MHz 17 dBW 935 940 MHz 1000 W 940 941 MHz 3500 W 1850 1910 MHz 1640 W 1930 1990 MHz 1640 W 2305 2310 MHz 2000 W 2345 2360 MHz 2000 W Page 3 of 4 TOPO Map for ASN 2011 -ANM- 2255 -OE � s r r ' 1 Page 4 of 4 1 A$ F"' �L �l ` z -n of 4, I `P'Fmprb -_ 7 t y •l � -�, i� wC i '4 � li. i "M Page 4 of 4 1 A$ F"' �L �l ` z -n of 4, I T E t y •l � -�, i� wC i '4 � li. i "M T t � v T p q +R€ races p �G �. 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PROPERTY DESCRIPTION: Legal: Lots 7 & 8, BLK 1 of Sylvester Park Addition and the West 50' of the East '/2 of Block "A" Gerry's Addition. Location: 414 W Nixon St Property Size: Approximately 0. 16 of an acre 2. ACCESS: The property has access from West Nixon Street. 3. UTILITIES: All utilities are available to the site. 4. LAND USE AND ZONING: The site is currently zoned R -3 (Medium - Density Residential). The site is vacant. Surrounding properties are zoned and developed as follows: North R -1 (Low- Density Residential) - City Park East R -3 (Medium - Density Residential) - SFDU South R -3 (Medium - Density Residential) - SFDUs West R -3 (Medium - Density Residential) - Hospital Parking 5. COMPREHENSIVE PLAN: The Comprehensive Plan Land Use Map designates this area for mixed residential uses. 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 property is 6,994 square -feet of vacant land east of a Lourdes Hospital overflow parking lot. It faces a City Park (Volunteer Park) to the north and has vintage residential structures to the east and south. Slightly beyond the immediate site are C -1 Zones to the east and west, with a convenience store and a high -rise apartment building, respectively. Applicant wishes to locate a medical records storage building on the property. Stand -alone storage buildings are not an allowed use in R -3 Zones. However, community service facilities, including hospitals are allowed with issuance of a special permit, as per PMC 25.86.010 and 25.86.020(4). The storage building would be considered accessory to the hospital use. STAFF FINDINGS OF FACT Findings of Fact must be entered from the record. The following are initial Findings drawn from the background and analysis section of the staff report. The Planning Commission may add Findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is currently zoned R -3 (Medium - Density Residential). 2. The Comprehensive Plan designates the site for mixed residential uses. 3. The 6,994 square -foot site is vacant. 4. Surrounding properties are zoned R -1 and R -3, and are developed with a City park, houses, and a parking lot. 5. The site currently contains a stand -alone shipping/ storage container that does not conform to applicable land use regulations. 6. Applicant is requesting a Special Permit for the location of a medical records storage building on the site. 7. While stand -alone storage buildings are not allowed in R -3 Zones, community service facilities, including hospitals are allowed with issuance of a special permit. The storage building would be considered accessory to the hospital use. 8. Applicant has submitted elevations of the proposed building; however the elevations are not sufficiently detailed to allow staff to evaluate aesthetic compatibility with surrounding uses. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT The Planning Commission must make Findings of Fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed findings are as follows: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? N The site is identified in the Comprehensive Plan for mixed residential use. The Mixed Residential Land Use designation accommodates community service facilities, including hospital with the issuance of a special permit, as well as "uses subordinate to the principal use and located on the same lot with such principal use in all zoning districts," as per PMC 25.12.020, Any significant expansion of a specially permitted use requires a new special permit application process. (2) Will the proposed use adversely affect public infrastructure? The proposed use would not burden the infrastructure more than permitted uses for the area. (3) Will the proposed use be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity? Special conditions may be needed to require design standards to make the structure compatible with surrounding residential uses. (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? Surrounding properties are fully developed. (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? This use will not generate any noise, fumes, vibrations, dust, traffic, or flashing lights above and beyond permitted uses for the zone. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? Records may be transferred in and out of the facility periodically. However, the traffic to the site is not expected to exceed that of permitted residential uses. 3 TENTATIVE APPROVAL CONDITIONS 1. The special permit shall apply to Parcel No, 112051271 and /or applicable parcel revisions or deletions. 2. The structure shall be designed to minimize adverse aesthetic impacts to existing residential structures found in the immediate R -3 Zoning District, and to exhibit an acceptable degree of compatibility with the adjoining hospital use. 3. The site shall be developed and landscaped according to City of Pasco commercial design standards for the area (PMC 25.75.050(3)), and shall include an automatic irrigation system. 4. The special permit shall be null and void if a building permit has not been obtained by June 1, 2013, 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 December 201h, 2012 Planning Commission meeting. El Fj to ` V R Z `a dP �•r" ow, Iwo ct`�++./� a e..V�•% �.. ( _✓� �``` Vn .. N O , W � .. �I �i. ct do z o V M •� IL Cl) o0 o � tl Cl) O Lm W c CL Cl) N PEE •� CL E o m v =v z 0 N� V CA O••N w CA ct ~ cn �E G M o � � N CA V 3a' ey ; Aa £ NYM MIS eQ bN 'OJSYA 30VHOI5 1S NOXIN ¢{ n SA F l IL - (n '� s3oarroi m nan a'rro 9 3 NOinnMiSNOO NO! lON pap i W a � F § 5 O z s C \ cgs o \ , ".. AZH p�E 5 s f "6 o o a W W o �W 0 �¢ 0 C) o— o— o— o— Z 0 Z 0 W W 0 U 0 ^� l:0 3 m fS.f d ♦' fy 4 F` d T _ I I s' r 1' y. f i F � � + :J 1 Y p M1 . v t� A • k _ R r 1 1 4 � • I f 4 p,. e i 2 t ° x p r.` t , k "A Y k_ ha„a . � , , 4 F yF b ri < f z � ✓ t y L e•.e i �T f � .: 1 � z r 1 i f! II YS fAi{i S t Zr r it J ',hr iii P ` �r. .;h'• k r .. I I I / / \: \\ f* � /� /� \ �� \� �� \ � � � \ \� \\ Yl v zAi 1 J REPORT TO PLANNING COMMISSION MASTER FILE NO: SP2012 -25 HEARING DATE: 11 -15 -12 ACTION DATE: 12 -20 -12 APPLICANT: Pasco Bible Missionary Church 527 W Bonneville St Pasco, WA 99301 BACKGROUND REQUEST FOR SPECIAL PERMIT: 1. PROPERTY DESCRIPTION: Location of a Church in a C -1 District Legal: Parcel # 112 - 053 -233: LOTS 17 TO 19, BLOCK 8, GERRY'S ADD; General Location: 527 W Bonneville St. Property Size: Approximately 0. 24 acres 2. ACCESS: The site has access from W. Bonneville Street and 5th Avenue, and an alley. 3. UTILITIES: The site is served by municipal water and sewer. 4. LAND USE AND ZONING: The property is currently zoned C -1 (Commercial Retail). NORTH: R -3 - Single Family Residences SOUTH: C -1 - Church and Single Family Residences EAST: C -1 - Single family residences WEST: R -1 - Single Family Residences 5. COMPREHENSIVE PLAN: The site is designated in the Plan for "Mixed Residential" 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 a residential structure for church activities. The structure in question was built in 1923 and has been used as a residence, and from 1971 until around 1995 a halfway house /work release facility. According to the special permit application, the building is currently being used as a parsonage and a church with approximately 22 parishioners. All church uses require approval of a special permit. The quarter -acre lot has access from W. Bonneville Street and 5th Avenue, and an alley. There are approximately 5 on- street angled parking stalls directly in front of the property on Bonneville Street designed for commercial uses. The rear portion of the site abutting the alley contains a small (approx. 12 X 16 inside the property lines) parking pad. This area provides the only off - street parking available to the church; the area is too small for 2 regulation parking stalls. INITIAL 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 527 W Bonneville St. 4. The site was originally developed as a residence. 5. The residence was constructed in the year 1923. 6. The residence has existed on the site for 80 years. 7. The residence is 1,924 square feet in area. 8. Churches are classified as an "A" occupancy under the International Building Code. 9. A concrete parking area is located on the north side of the site, adjacent to the alley and contains space for approximately 1.5 parked vehicles. Access to the parking is from an existing public alley. 2 INITIAL 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 church is unlikely to place additional demands on public infrastructure beyond increased passenger vehicle traffic. Church activities place a negligible demand on city sewer and water facilities. Churches are generally used for a few hours on Sundays and during the evening on week days. (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 has been a residence, and then a halfway house over the past 80 years. Churches are typically located in or near residential areas and often add to the character of the general vicinity in which they are located. (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 location and height of the existing residential structure has not discouraged the development of permitted uses on surrounding properties. Furthermore, the presence of churches in residential neighborhoods in other parts of the community has not discouraged potential residential development or impaired the value of residential properties. In addition, the surrounding neighborhood can be considered "fully developed ". (5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or 9 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 residential uses of the zoning district. Traffic generated by the church will occur mostly on Sunday mornings when neighborhood traffic is minimal. Churches are generally used infrequently, two or three days a week, and generate traffic during off -peak times such as on Sunday mornings and in evenings during the week. Although 5 angled parking spaces exists in front of the proposed church, the current parking situation is a cause for concern, as there is room for only one vehicle on -site and no off -site parking improvements have been proposed. (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. Churches are generally accepted uses in or near residential neighborhoods. Parking requirements for church uses are based on one of the two following criteria: 1) one space for each four seats based upon maximum seating capacity or 2) or at least one space for every ten lineal feet of bench seating. In order to properly calculate the required parking for the church use applicant will be required to furnish a floor plan showing either one or the other of these two seating arrangements. All required parking must be furnished on -site. TENTATIVE APPROVAL CONDITIONS 1) The special permit shall apply to parcel 112- 053 -233; 2) The church must comply with all requirements of the International Building Code for an "A" occupancy prior to occupancy by the church; 3) Any residential uses shall be restricted to the second floor of the building, as per PMC 25.42.040(1). 4) The building, including entrances and restrooms, must be ADA /handicap - compliant prior to occupancy by the church; 5) Sufficient on -site parking must be provided for the maximum possible occupancy based on the capacity of the main worship area. 0 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) Any and all required improvements shall be completed by June 31, 2013; 8) This special permit shall be null and void if a City of Pasco Occupancy Registration is not obtained by June 31, 2013. 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 December 20, 2012 meeting. E t' - -- ` r O o Al Ilk ct Ct N �N`P ctP "L� of LLJ F- U) '�rN E� ,,. ;yam ✓,�.. ,� �N P ��t �y v) •%�I � d v4L a P � U Q.) - co _ v O ct O O toy N o ct N W uC�r ct co LLJJ ui um % cr a� a� wE j O r G \ ct LUULI O - N i tl) tulm i■rr t I N Nxw 14 w �r l 7! yw ra. tulm i■rr t I N FIN - iLl %'.'.. L 1 ry s fo -1-1 �1 -7 .1 i Ell 4 _Li pop A ps p er N•( �a 1, . CL Ile O 5 r..u1 �i yf R� Y aa� ' e y PNT- - C r 0 0 --71 WMM-4-11= iii I 0 D L t f� 4r fill m i REPORT TO PLANNING COMMISSION MASTER FILE NO: SP2012 -026 HEARING DATE: 11 / 15/12 ACTION DATE: 12/20/12 APPLICANT: Hugo Lozano 622 W. Clark St. Pasco, WA 99301 REQUEST FOR SPECIAL PERMIT: Location of a Church in an R -2 District 1. PROPERTY DESCRIPTION: Legal: Parcel #'s: 112 - 043 -100 & 112- 043 -119: Block 15, Lots 11 -14, Gerry's Addition; General Location: 622 West Clark Street Property Size: Approximately 0.32 acres 2. ACCESS: The site has access from an alley connecting with 6th Avenue 3. UTILITIES: The site is served by municipal water and sewer. 4. LAND USE AND ZONING: The property is currently zoned R -2 (Medium Density Residential). NORTH: C -1 — Commercial & Residential SOUTH: C -1 — Commercial EAST: R -2 — Commercial WEST: R -2 — Residential 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. i ANALYSIS The application is a request to operate Iglesia Del Dios Vivo church in an existing building previously used for church activities. Constructed in 1912, the structure in question has been on -site for the past 100 years. Iglesia del Dios Vivo Columna y Apoyo de la Verdad Luz del Mundo (church) has recently purchased the properties (622 & 628 West Clark Street) with the intent of continuing church operations under new ownership. Upon request for a building permit for the construction of a front covered entry /vestibule it was discovered that the church had neither an Occupancy Registration nor a Special Permit. As a result, obtaining a special permit has become a prerequisite for the city to release the Occupancy Registration. The application involves two parcels, one with the church building and the other is vacant. The back half of both parcels is occupied by a paved parking area containing 24 parking spaces. Additionally, there are thirty (30) on- street parking stalls along 6+h Ave. in that block and five (5) on- street parking stalls on Clark St. in front of the site. It should be noted that six of the thirty stalls on 6th Ave. appear to be used regularly by two residences. The church in question has been part of the neighborhood's character since 1991 (21 years). The structure was originally constructed as a single - family residence. Sometime later it was converted for office uses; then in 1991 a special permit was granted to allow the structure to be used as a church. Past practices typically linked special permit approvals to the applicant and not the land or specific parcel(s) involved. The surrounding residential and commercial development has occurred with the church present. The neighborhood is now fully developed with homes and commercial businesses. INITIAL 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 [PMC 25.86.020(3)]. 2. The proposed church site is zoned R -2 (Medium Density Residential). 3. The proposed site is located at 622 W. Clark Street and 628 W. Clark Street (vacant). z 4. The structure was constructed in the year 1912. S. A Special Permit (MF# 91 -6 -SP) authorized church uses in 1991. 6. The church is approximately 1,024 square feet in area. 7. Churches are classified as an "A" occupancy type under the International Building Code (IBC 2009). 8. A parking area is located on the south side of the site, adjacent to the alley and contains space for approximately 24 parked vehicles. 9. Access to the parking is from an existing public alley. INITIAL 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 church is unlikely to place additional demands on public infrastructure beyond increased passenger vehicle traffic. Church activities place a negligible demand on city sewer and water facilities. Churches are generally used most heavily on Sundays and during the evening on weekdays. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? Church activities have been continuous since 1991. The site changed ownership this year. Residents and occupants of the surrounding homes and businesses may be comfortably accustomed to the church activities. There have been no complaints about the church received by the City. Continuation of the church use is unlikely to affect the character of the neighborhood in a negative way. The church has coexisted in harmony with the neighborhood for many years. Churches are typically located in 3 or near residential areas and often add to the character of the general vicinity in which they are located. (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 location and height of the existing church has not discouraged the development of permitted uses on surrounding properties. The presence of churches in residential neighborhoods in other parts of the community has not discouraged potential residential development or impaired the value of residential properties. The surrounding neighborhood is considered fully developed. (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 residential uses of the zoning district. Traffic generated by the church will occur mostly on Sunday mornings when neighborhood traffic is minimal. Churches are generally used infrequently, two or three days a week, and generate traffic during off peak times such as on Sunday mornings and in evenings during 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. Churches are generally accepted uses in or near residential neighborhoods. TENTATIVE APPROVAL CONDITIONS 1) The special permit shall apply to parcels 112 - 043 -100 & 112 - 043 -119; 2) The church must comply with all requirements of the International Building Code for an "A" occupancy prior to occupancy by the church; 3) The applicant shall make available and unobstructed, all of the existing paved parking stalls. All existing structures and stored items on the 4 parking lot must be removed prior to issuance of an Occupancy Registration; 4) The building, including entrances and restrooms, must be ADA /handicap - compliant prior to occupancy by the church; 5) 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; 6) This special permit shall be null and void if a City of Pasco Occupancy Registration is not obtained by March 1, 2013. 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 December 20, 2012 meeting. s M MER-M--i IG-A C-A 11 ". V6 lore e 71 ol IL It W "Pd k o INC :lt 11 ". V6 lore e 71 ol IL It W "Pd k z N a U - -' / 5� p� Res• � \. C °mom -• � i Ct �--� N rA ate° ct � c °mm j�es vi U ••N a a N N U � l�\J p STYE �-C V � N N "P4 a w A v i\ �„ i � ��� �, �. i ����� _ .. ,j �.. � i ®` /�' w 111 li 1. 1 I ,F(� ' ��J I �.� j �� _ _ r^ vrj• - -- � - lD 1 �a •x Y l ; likli op I t w M J® r 0 0 or PAO 0 OQ c� a� LE 9 "', was, �M: =� 4 0 m I O O OR rA rt 4 3 �t 1. ii Pao P-6 fi 0 r+ 77+ it 1 77 REPORT TO PLANNING COMMISSIONER MASTER FILE NO: (MF# ZD2012 -003) APPLICANT: City of Pasco ACTION DATE: 11/ 15/2012 PO Box 293 Pasco, WA 99301 BACKGROUND REQUEST: Develop zoning recommendation for the Commercial /Kahlotus Annexation Area. 1) AREA ID: Area Size # of Dwellings Population Commercial/ Kahlotus 546 acres 2 6 2) UTILITIES: A water main extends southerly in Commercial Avenue approximately 1,000 feet south of Kahlotus Highway. There is also a water line at the south end of Commercial Avenue extending westerly under SR 12. In 2010 the City completed a sewer line boring under SR 12 to bring sewer to the proposed annexation area. The city has undertaken considerable utility planning for the area and has ear marked several million dollars of infrastructure improvements for the area within the Capital Improvement Plan. 3) LAND USE AND ZONING: The proposed annexation area is currently zoned I -2 Medium Industrial (454 acres) and I -3 Heavy Industrial (92 acres) under the County zoning regulations. The County does not have an I -1 Light Industrial District. 4) COMPREHENSIVE PLAN: The Comprehensive Plan designates the proposed annexation area for industrial land uses. 5) 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 On October 4, 2012 the City Council approved Resolution 3424 accepting a Notice of Intent to commence annexation proceedings for a 546 acre area generally located east of SR -12 north and south of the Kahlotus Highway. Following acceptance of the Notice of Intent and prior to Council action on an annexation petition, the Planning Commission is to hold a zoning determination hearing. The purpose of said hearing is for the Planning 1 Commission to recommend appropriate zoning districts for the proposed annexation area in the event it may become part of the City. In determining the most appropriate zoning for the annexation area, the Planning Commission needs to consider the existing land uses, nearby development, zoning, policies of the Comprehensive Plan and the Land Use Designations of the Land Use Map. The Planning Commission also needs to be guided by the criteria in PMC 25.88.060 (as discussed below) in developing a zoning recommendation. The annexation area contains a mix of land uses ranging from farm fields to food processing plants. Three hundred and seventy -one acres (371) are currently devoted to farming while 120 acres are developed for industrial uses. The remaining acreage contains the Lewis Street Interchange and other streets, a storm water pond and two houses. The Comprehensive Plan designates the entire annexation area for industrial uses. The purpose of the annexation is to assist with the expansion of industrial businesses within the area. To support that effort the City completed a major boring under SR -12 in 2010 at a cost of $600,000. The boring contains four pipes to provide both water and sewer to the annexation area. Future planning includes extension of 12 and 16 inch water lines into the annexation area and extension of sewer lines. Land has already been provided within the annexation area for a sewer lift station to serve current and future industrial needs. The new sewer lift station along with the other planned utility improvements will provide service to about 2,000 acres of land on the east side of SR -12. These planned utility improvements will provide an efficient and cost - effective way for the food processors in the area to provide for their waste water and production water needs. These improvements will also enable expansion of the food processing plants within the annexation area and development of other related facilities. To maintain consistency with current zoning, land uses, utility planning and the Comprehensive Plan industrial zoning should be applied to the proposed annexation area. The use of the I -1 Light Industrial zone for the area will continue to permit existing industrial development and allow for future expansion of industrial enterprises. The initial review criteria for considering a rezone application are explained in PMC 25.88.030. The criteria are listed below as follows: 2 1. The changed conditions in the vicinity which warrant other or additional zoning: • The property is located within the Pasco Urban Growth Boundary. • The property in question is being annexed to the City of Pasco. • Upon annexation the property will need to be zoned. • Considerable utility planning has taken place to support existing and future industrial development within the proposed annexation area. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare. The property is being annexed to the City and will need to be zoned. The justification for the rezone is the fact that if a zoning designation is not determined the property could become annexed without zoning. For the advancement of the general welfare of the community the property needs to be zoned. 3. The effect rezoning will have on the nature and value of adjoining property and the Comprehensive Plan. Rezoning the property to I -1 will maintain the status quo for the neighborhood. The nature and value of adjoining properties will not be impacted by retaining industrial zoning in the area. 4. The effect on the property owners or owner of the request is not granted. Without the annexation area being assigned a specific zoning district, the area will essentially be un -zoned upon annexation. The area needs to be zoned to provide certainty and benefit to the property owners and the adjoining property owners. 5. The Comprehensive Plan land use designation for the property. The Comprehensive Plan designates the site for industrial development. FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1) The site is within the Pasco Urban Growth Boundary. 2) The Urban Growth Boundary was established by Franklin County in 1994. 3) The property is being proposed for annexation by the end of 2012. 3 4) The annexation area is identified in the Comprehensive Plan for industrial uses. 5) Properties to the west, in the City, are zoned C -3 and I -1 with a small area zoned RT. 6) The annexation area contains trucking firms, an oil distribution facility, two food processing plants, warehouses, the BPA substation, two houses and a number of farm fields. 7) The current Franklin County zoning for the site is I -2 and I -3. 8) The County does not have I -1 zoning. 9) 1 -3 zoning within the City is reserved for the Big Pasco Port area only. 10) I -1 zoning permits the location of trucking firms, food processing plants, warehousing, power stations and similar uses. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Planning Commission must develop its conclusions from the findings of fact based upon the criteria listed in PMC 25.88.060 and determine whether or not: (1) The proposal is in accord with the goals and policies of the Comprehensive Plan. Zoning the properties to reflect the land use designations in the Comprehensive Plan will cause the proposal to be in accord with the Plan. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. Retaining the industrial zoning on the property will have no material impact on surrounding properties. (3) There is merit and value in the proposal for the community as a whole. It is in the best interest of the community and neighborhood to have the annexation area zoned to be consistent with the Comprehensive Plan and with the current uses. Without zoning, the value and character of the neighborhood would not be protected or maintained. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. I -1 zoning would mitigate the impacts of the property not being zoned and therefore no conditions are needed. 9 (5) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. STAFF RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the November 15, 2012 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council zone the Commercial Kahlotus Annexation Area I -1 Light Industrial upon annexation. 5 z 0 ct U U O U O rn �a0 -°aH�roa310- N U .. yb P� 3ntl H033B 0 cn 3 NI�INtLJd O �ROPO✓✓]'V P\n ¢ 5 W yb P� 3ntl H033B 0 cn 3 3ntlsw�no9 APP P� N � WY m Q i 3 VS Dn°D yo J. e ��s P 1J1N bpp�����o '1'YVZ�a30 �Ll�[IINVLNbW N� MEPPPO 3ntlp0�DVNV lO N011n NoEdw 3fitl aV030 '. 'w �.. 3AV001M 3nV atlW3°ltlM 0 ' 3ntl ODOR 3AVRNOWVDAS Q 4 3AV 3aMVAS 3ntl Wl3 -. j 3nv.nDnO NI�INtLJd �ROPO✓✓]'V P\n ¢ 5 MPOP�PP�¢ Q F o Q m 3nV SnlllatlV a0NV ¢¢ tlN3M0 a 3AVa a33 3�a»v3alVM m W >m,3itl DDnH- w11tlNNly ° 3QV3aOWVOAS F & 'w m3ntl Wl3 3ntlsw�no9 APP P� N � WY m Q i 3 VS Dn°D yo J. e ��s P 1J1N bpp�����o '1'YVZ�a30 �Ll�[IINVLNbW N� MEPPPO 3ntlp0�DVNV lO N011n NoEdw 3fitl aV030 '. 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Wvl � V - - vi tV N-0 `i \ _ J 3i..� a � @tl HD33B ' O 3Ati N0338 p a J W � N3M O v PVE pVE Q o 3/�tl 53lWH'J ORN 10PN0 N O G N ilr � 5b yG � F0.0NS z oAMA a Q V F! ft f, O Y< N V) j WOMEN s N M �s � M .,.s�y�F� . � • • � ' f • � I 1J' >�30 Mr�w N " ➢tl HOItl131° _ _ _ _ _ _ .. _ � � .. ,� 0 L ^ �tP ^� -. NINt�tl HE (Q NA 0_P� V r p z 1 d L - U3P" \Wl3tlONY UU Tow y 3AtltlM36 �! � 1 Y p V Li N _ 3Atl0'JOH , Cl) 'bNlAltl f�!� _ £ Atl 3tlOWV'JAS t wVI N i W r r P 3p ^ � tl Wl3 3AY SV1'JIl° a w 3Atl5tlPJo � y x • i�tl N3M � Q i O nb H °33B O 3AY HD339 o N w ch 3AV 931WH'J \p00.N PVE ,W1P� 1 o NI� 3Atl NIlNN N 'row p fp{ WG d °PEE Z c` momom N Yl O \ Y4 7 6 �J F0.U' MEMORANDUM DATE: November 15, 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 other notable substantive change is the inclusion of nightclubs into the list of Conditional Uses in the C -1 zone. A substantive revision related to maximum accessory structure height in suburban zones has been added to the list per prior direction of the Planning Commission under Master File # CA2011 -007. MOTION: I move to close the hearing on the proposed Code amendment and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the December 20, 2012 meeting 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, the City of Pasco, the provisions of this Title shall govern FAMUSEMENT ovenants public or private, deeds, or statutes lawfully ecedent. In the case of conflicts between the text, maps and this Title, the text shall overn unless otherwise stated. 25.12.055 NT GAME DEVICE. "Amusement game device" means a other device, whether mechanical, electrical, or electr onic, to be operated by the public for the purpose of entertainment, amusement or as a game, the object of which is to score high or low by Update definition to match current technology 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 devie° „11', Use a videe tube arcade video games and similar devices which use television screens or monitors to reproduce symbolic figures and lines intended to be r resentative of real games or activities. 25.12.130 BUILDING HEIGHT. 'Building height" means '' « firer, the . °....be finished ,7,. alieve - - -r-- - Definition revision to match IBC gr nee dasum d to the highest o f he r flat r point the deek lifle of or hipped _° °r The _are, ,. ,7°«...,...1-,.11 be - -tea sel by ° b ,..11 of the 1.,.;1ding when sueh finished sidewalk or ty seffaee is than feet net faere ten above lewest-��, (2) An eleva4iefi ten feet higher thaft lewest the finished-gfade when the highest sidewalk __ __-r or finished .r -,_ � __ _ _ i _ 1 abeve is more than. ten feet lowest ah- -Ave fiffished gede-- The vertical distance from grade plane to the average height of the highest roof surface. Said grade 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- standing or building mounted structure, including appurtenances and Grammatical include antenna intended for airway communication purposes, such as a television antenna or HAM radio tower. This definition does not Wireless Communications Towers defined in under Section 25.12.485. 25.12.151 COMMUNITY SERVICE HOUSING. Community Service Housing means a facility that principally offers or provides subsidized housing on a daily, weekly or monthly basis and provides one or more of the Relocated from 25.12.457 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. 25.12.158 DANCE HALL. "Dance hall' means an enclosed space where Dublic A definition of "dance dances are held and where alcohol and /or food may be sold. hall' is needed. 25.12.160 DAY CARE CENTER, FAMILY HOME NURSERY SCHOOL, FAMILY HOME DAY CARE, PRESCHOOL. `fie for children or adults, ..,.lulling 1, 1 f ntirsery ehi1dreft e ,.ft°« ,,,.1 1. for eeveiing eel eafe sehool ehil,7«°« and progfams hi vl,itll state reEjUifement° For the purpose of this Title, the following definitions shall else apply to day -care center, babysitting care, family home day care, family home preschool /nursery schools nursery schools or preschools: (1) Babysitting care: Means a dwelling which provides occasional eustedial care to children, for periods of less than twenty - four hours, who do not reside within the residence of the person providing the care. n..bysi.._ng cafe is not ne__ssai ly provided in M - -To be consistent Home ..e ased „Ay -tee: Family Home Day Care: Means with the State a home licensed by the Department of Social and Health Services and in which direct care, supervision and learning opportunities wkieh -may carte are regularly provided for not more than twelve (12) children or adults or for periods of less than 24 hours. 11em,, based day eafe is allo ed 'he its i� - - Replaced in State ......:.J .....:. : g:. wo .. ..vaa ais ., m. vaxxcasxvir. fdl° of el� (3) —Mini day law Bare seater -Means a plaa, edier than th home ef the p:...... .. ...... l.ry ....emu ebu 1 ua e f .. ° twelve 41°t1,an 24 1,....«.. ehil. rep a adult., r periods (4) Day -care center: Means a place which provides regular eustedial scheduled care for twelves more than twelve children or adults, for periods of less than twenty -four hours. - -To match the (5) Family Home Preschool/Nursery Schools: Means a practice of family home or- leee that provides regular eustedial care and /or organized home daycare learning and educational experiences for not more than twelve children. (6) Family Home Day Care Provider: Means a person who provides direct care supervision, behavior management, and earl learning opportunities for twelve or fewer children in their family home living quarters for periods of less than twenty -four hours. (7) Family Home Child Care: means a facility licensed to provide direct care, supervision and early learning opportunities for twelve or fewer children in the home of the licensee where the licensee resides and is the riip nary provider. (8) 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 sirnilar 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 uni£eFm codes adopted by the City of Pasco governing the construction of residential structures. 25.12.195 "Family" means one or more persons (but not more than six unrelated Creates consistency persons) living together as a single housekeeping unit For purposes of with State and Federal this definition and notwithstanding any other provision of this Code definitions children with familial status within the meaning of Title 42 United States Code, Section 3602(k) and persons with handicaps within the meaning of Title 42 United States Code Section 3602(h) will not be counted as unrelated persons. related by blood, niarfiage,-ef-adeptieff, Of fFatffftit�'. 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. Residential Garages do not contain bathrooms showers distinction for permits or other furnishings or living ace appurtenances set up for habitation to improve detached u oses. arages /shops 25.12.220 HOME OCCUPATION. "Home occupation" means a profession, trade, skill or service possessed and utilized, in whole or in part, by a family member(s) for monetary gain within or upon the premises of a correction permanent dwellin g units in a residential district. A home occupation shall not involve wholesale or retail sales of any general or specific Will allow retail home line of merchandise, products, goods or wares upon said premises, occupations with unless such articles are produced thereon in the conduct of the certain criteria profession, trade, skill or service: or the merchandise is sold strictly through the internet and /or direct mail service. 25.12.265 25.12.265 LOT, FLAG. "Flag lot' means a large lot not meeting Refine definition minimum frontage requirements and where access to the public read right -of -way is by a narrow private figh4 ef w&y e driveway. Flag also means a recessed interior lot with an extended driveway. 25.12.310 MINI- STORAGE FACILITY. "Mini- storage facility" means a Clarification building or group of buildings consisting of small, self - contained units for the storage of household or business goods or recreational vehicles, provided no hazardous substances or conditions are maintained within the facility. 25.12.315 MOBILE HOME "Mobile home" means a single finnily dwelling3 To match the State thii4y two belly feet in length and eight belly feet in definition or more or more nt..eeta designed far transpertatie« after f brioation width, on and ..,l.eeln designed to be highways a its a dwelling o , and used as .41, „t n foundation .. hen a eeted ♦e a reA a yitho permanent having insignia issued by the Depai4ment Labor- utilities, and an of lad- ustries and a nstpaeted before 1., «e 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. MOTOR HOME. "Motor home” means a yeMe„lar type of unit 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 Onot mean 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 recej 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 er —zeae 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 25 17 380 �o SANITARIUM O S ANITORIUM "Sa «itaritnn t " Not needed ��1=n-- o�sarta SHOP. A "shop" means a residential garage as defined under 25.12.397 Makes shops and 25.12.200 detached garages synonymous , "Pfivate 2c -5 stable" means an aeee%OF5��� ...1.:,.1. ,.else... Not needed are kept f r private afid f hi net Y 25.12.420 'Tublie Stable" .,.ean a building v-4ieh horses r needed hire, are r , , 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. 25.15:7 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. Refine definition 25.12.480 WINERY (COMMERCIAL). "Commercial winery" means a facility designed for crushing, pressing, fermenting, bottling and cellaring wine for retail and wholesale purposes. less than 50 ,000 eases e f-wine a year. Refine definition 25.12.490 YARD, FRONT "Front yard" means an open and e, , eept as provided ��r, extending the full width n =between any building and any street right -of -way adjacent t yard shall be determined by measuring perpendicult right-of-way to the closest point of the building. 25.12.495 "REAR YARD" means an open and unoccupied space, eras Refine definition pr-evided 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 yard shall be parallel to the shortest lot line common to an adjacent lot. 25.16.010 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 R -S -12 District Residential Suburban District R -S -1 District Low - Density Suburban Residential District R -1 District Low - Density Residential District R -1 -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 Distri ct 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. 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(4) (4) Agricultural uses (limited), as defined in Section 25.12.040, (except Punctuation 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 arcel); 25.22.030(5) (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 tang property held under separate ownership; and Eliminating redundant provided said number of chickens, fowl or rabbits does not exceed 2 language 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. 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 aside aside for the dwelling on the parcel); Clarification 25.24.030(5) (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 a side 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 er— abutting 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) Upholstery shops. relocation 25.44.030 25.44.030 PERMITTED ACCESSORY USES. The following Correction accessory uses and buildings, as respectively defined in Sections 12.'x' '�%vzv 25.12.020 and 12.12.145 25.12.115 shall be permitted in the C -2 district: 25.66.090 TRANSFER OF LOCATION. No home occupation maybe may be Grammatical transferred to a different location without first obtaining a new home occupation license authorizing its conduct at the proposed location. Grammatical 25.70.160(3) Landscape and Buffering. In addition to the landscape provisions of Chapter 25.75, the Planning Commission may require additional landscape features to insure 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 is required, no building, Grammatical structure, satellite dish, stationary play equipment or clothesline 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: 25.78.170(6) Restaurants - One space for each one hundred square feet of floor area Clarification SUBSTANTIVE REVISIONS PMC Citation Revision Explanation 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 exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. Structures related to rabbits and /or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any property line; may not exceed six (6) feet in height and thirty (30) square feet in size, and must be located behind the rear line of the dwelling. Property owners shall not allow such structures to become a nuisance due to noise or odor. To clarify practice and (7) Family day care home in conformance with WAC 388 -73 as now to create consistency existing and as amended and PMC Chapter 25.66; and with other residential (8) Family home preschool in conformance with PMC Chapter 25.66. districts 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 25.22.040(5) 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 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) Accessory dwellings; (9) Family home preschool in conformance with PMC Chanter 25.66; and (10) (9) 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 exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. 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) Day care centers and preschool centers; (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 10 To clarify practice and to create consistency with other residential districts For clarification purposes 25.22.050 (4) Minimum Yard Setbacks; (a) Front: Twenty -five (25) feet. (b) Side: Ten (10) feet. (c) Rear: Principal Building: Twenty -five (25) feet. 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 €rve-(5) ten 10 feet. Increase the minimum rear setback for accessory structures in the RS -20 zone from five (5) feet to ten (10) feet. 25.24.030 PERMITTED ACCESSORY USES. The following uses shall be Decrease the permitted as accessory to a permitted use in the R -S -12 suburban maximum accessory district: structure height in the (1) Detached residential garages as defined in Section 25.12.200, RS -12 zone from 18 provided they do not exceed 4-8 15 feet in height and 1,200 square feet feet to 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) Accessory dwellings, To clarify pract ice and 11 (9) 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 exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed and (10) Family home preschool in conformance with PMC Chanter 25.24.040 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) tenter 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 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 12 to create consistency with other residential districts For clarification purposes 13 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) Accessory dwellings; To clarify practice and (9) Family home preschool in conformance with PMC Chapter to create consistency 25.66; with other residential (10) For lots with a minimum of 5,000 square feet but less than 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. 25.26.040 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; Private day sehea� rese ool ehild mini .... ».., ry ., p ........... .. �7 -aara; om, (5) and ehild da-, eare eente Day care centers and preschool centers; aad (6) Agricultural use (commercial) (7) Unclassified uses as listed in Section 25.86.020 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 day care homes in conformance with WAC 388 -73 as 13 now existing and as amended and Chapter 25.66; and (7) Accessory dwellings:; (8) On lots with a minimum of 5,000 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:, and (8) Family home preschool in conformance with PMC Chanter 25.28.040 CONDITIONAL USES. In addition to the unclassified uses listed in Chapter 25.86A 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) Private nufsery seheel, r t t t to a__ , an ehil 4 day e°'° eentef Day care centers and preschool centers; and 25.30.030 PERMITTED ACCESSORY USES. The following uses shall be per 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 dwellings:; (8) On lots with a minimum of 5,000 square feet and containing only one single - family dwelling unit, the keeping of dogs, cats, rabbits, and chickens for personal use, 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: 14 To clarify practice and to create consistency with other residential districts For clarification purposes To clarify practice and to create consistency 15 roosters are not allowed; and with other residential (9) Family home preschool in conformance with PMC Chapter districts 25.66. 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 (5) n.:....., day ..a �.; eseheel day ........, nur sehee, j ..., j.r.. v., child mini �.m c� -cuxa Day care centers and preschool centers; and (6) Unclassified uses as listed in Section 25.86.020 25.32.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R -IA2 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; (8) On lots with a minimum of 5,000 square feet and containing only one single - family dwelling unit, the keeping of dogs, and cats, rabbits, and chickens for personal use, 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; To clarify practice and roosters are not allowed; and to create consistency Family home preschool in conformance with PMC Chapter with other residential 25.66. districts 25.32.040 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; 15 IV (2) Public libraries, and municipal office buildings; (3) Public and private schools, public parks and playgrounds; (4) Fire department station houses; and (5) For clarification ehild dayam° -e eent Day care centers and preschool centers•_and (6) Unclassified uses as listed in Section 25 86 020 To create consistency 25.34.020(4) PERMITTED USES. The following uses shall be permitted in the R -2 district: with the change to (1) Single - family dwellings; 25.34.050(2) (2) New Factory assembled homes; (3) Two - family dwellings; (4) Multiple 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 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 Family home preschool in conformance with PMC Chapter To clari fy practice and 25.66• to create consistency (�)� Accessory dwellings in single family homes, and with other residential (8) S9) On lots with a minimum of 5,000 square feet and containing districts only one single- family dwelling unit, the keeping of up to three rabbits Amendment dealing or three chicken hens for personal use, provided the total number of with chicken hens animals (including dogs, cats, rabbits, and chicken hens) does not 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; IV 17 (2) Public libraries, and municipal office buildings; (3) Public and private schools, public parks and playgrounds; (4) Fire department station houses; and (5) i day ___.ate nursery sehool, presebeel, child .flit. eare, and ^Mild day cafe eent °- Day care centers and preschool centers; and (6) Unclassified uses as listed in Section 25.86.020 25.34.050 DEVELOPMENT STANDARDS. (1)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 density standards in municipal services Section 25.34.050(3); (2) (3) Density: One dwelling per 5,000 square feet of lot area except as provided in 25.34.030 (8); (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) (6) 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; (74 (8) Parking: See Chapter 25.78; (8) n Landscaping: See Chapter 25.75; and LUO Residential Design Standards: See Chapter 25.70.085. 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 17 dwelling. One off - street parking space per roomer mu725.78.170(5); in- addition to the requirement set forth under Section and 1� Family home preschool in conformance with To clarify practice and 2566; (7) i� Accessory dwellings in single family homes o create consistency with other residential U9 040n lots with a minimum of 5,000 square feet and containing districts only one single - family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not 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) ehild day ea f eeSt Day care centers and preschool centers• and fQ Unclassified uses as listed in Section 25 86 020 25.36.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: FivT thousand (5,000) square feet; make practice clear (2) Only one single family dwelling shall be permitted per lot Multavoid problems family units shall be permitted based on the density standards i utilities and other Section 25.36.050(3) icipal services (2)(L 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)k4l Maximum Lot Coverage: Sixty (60) percent; (4)kQ 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)(D Fences and hedges: See Chapter 25.75; (7)(U Parking: See Chapter 25.78; and (n Landscaping: See Chapter 25.75; (10)Residential Design Standards: See Chapter 25.70.085. 25.38.030 PERMITTED ACCESSORY USES. The following uses shall be 18 19 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 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 Cha tamer - -- To clarify practice 25.66• and to create (8) (7) Accessory dwellings in single family homes consistency with other (9) (8) On lots with a minimum of 5,000 square feet and containing residential districts only one single - family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not 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) Pri.ate day d nursefy seheel, presehael, child mini eare, ,.wild day °°_° ,. °..t Day care centers and preschool centers; and (6) Unclassified uses as listed in Section 25.86.020 25.38.050 DEVELOPMENT STANDARDS. (1) 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 penmitted based on the density standards in municipal services Section 25.38.050(3); (24tD 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)(41 Lot Coverage: Sixty (60) percent; (4)(5) Minimum Yard Setbacks: (a) Front: Twenty (20) feet. 19 20 (b) Side: Five (5) feet. (c) Rear: Principal Building: Equal to the height of the dTno Accessory structures. Accessory structures adjacent an alle placed on the alley line provided there are no openings in parallel to the alley. Garages with vehicle doors parallel to shall be setback from the alley twenty (20) feet. Where th alley, the setback shall be five (5) feet. (S)L61 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. (OL71 Fences and hedges: See Chapter 25.75; (7)L81 Parking: See Chapter 25.78; and (8)L9) Landscaping: See Chapter 25.75; M 10 Residential Design Standards: See Chapter 25.70.085. 25.41.040 CONDITIONAL USES. The following uses are permitted subject to the approval of special permit as provided in Chapter 25.80: (1) Police and fire stations; (2) Churches and similar places of worship; (3) For clarification and ohild day care center Day care centers and preschool centers;-arld consistency (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 For clarification 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 ' there shall be provided a setback requirement e ual in width or depth to that required in the residential district. To simplify the 25.41.050(3)(b) (b) Side: Five (5) feet except where adjoining a residential district in which case 25.74.30 shall ail there shall be provided a setback requirement equal in width or depth to that required in the residential district. To simplify the 25.41.050(3)(c) (c) Rear: None required, except where adjoining a residential district in which case 25.74.30 shamain'prevail. there shall be provided a setback requirement equal in width or depth to that required in the residential district. 25.42.020 PERMITTED USES. The following uses shall be permitted in the C -1 district: (1) All uses permitted in the O Office district; To explicitly state that 04(2) Auto Detail Shops; office uses are allowed (2)(3) Banks; in the C -1 zone. (3)(4) Dancing schools; (4" Hotels and motels; (3)(6) Printing shops; 0)(7) Restaurants; (7)(U Stores and shops for the conduct of retail business; (8)JD Stores and shops for repair and similar services such as: 20 21 (a) Bakeries, retail for distribution from the premises. (b) Barbershops and beauty shops. (c) Catering establishments. (d) Garage and filing stations, provided: (i) No repair work is performed out -of- doors, (ii) Pumps, lubrication or other devices are located at least fifteen feet from any street property line, and (iii)AII automobile parts and dismantled automobiles are stored within the building, except outdoor display racks. (e) Laundromats and dry - cleaning establishments employing not more than five persons, (f) Locksmith shops, (g) Offices, (h) Membership clubs, (i) Photo shops, 0) Shoe repair shops; (9)�ROJ Sign shops, commercial (no outdoor storage of materials); (149)LLI I Theaters; "[122) Veterinarian clinics for household pets (no boarding or outdoor treatment facilities); fQ)LU3 Upholstery shops; and (13)kL4� Parking lots within 500 feet of a C -2 district boundary, provided such lots are paved and half of the required landscape is live vegetation and, provided further, that any such property adjacent a residential zoned parcel shall provide a site obscuring fence along the common lot line(s) in accordance with residential fence height To protect nearby requirements. residents from impacts (15) Carwashes provided they are located more than 300 feet from a such as noise and residential district, 25.42.040(61 PERMITTED CONDITIONAL USES. The following uses are To address residential permitted subject to the approval of a special permit: concerns about noise (1) Dwelling units, provided the units are within the principal and late night loitering building, are all above the ground floor of said building, and the and other disturbances ground floor of said building is designed or intended to be used for a use permitted in Section 25.42.010. However, a building originally constructed on -site for residential purposes may be utilized as a dwelling unit without a special permit provided: (a) The structure does not have to be reconstructed, altered or converted from an office /commercial use such that the cost of the alteration exceeds 25% of the assessed value of the structure at the time of the alteration. (2) Retail automobile sales, including rental or lease, provided the property is: (a) Adjacent the intersection of two arterial streets, or (b) Adjacent a single arterial street; provided it is not adjacent to or across a public street right -of -way from a residential district, and 21 22 would not be located closer than 300 feet to any existing car lot. (3) Parking lots; (4) Mini - storage facilities defined under 25.12.310; and (5) Wineries defined under 25.12.480. -� and Dance halls and nightclubs. 25.44.050(8) Card rooms, bingo parlors, dance halls, ni htclubs and similar places; For clarification 25.44.040 (2) Unclassified uses per Section 25.86 020 Clarification To simplify the 25.44.060(3)(a) (a) Front: None required except where adjoining a residential district in which case 25.74.030 shall r__. ?, there shall be provided a setback requirement e ual in width or depth to that required in the residential district. To simplify the 25.44.060(3)(b) (b) Side: None required except where adjoining a residential district in which case 25.74.030 shall prevail. there shall be provided a setback requirement equal in width or depth to that re uired in the residential district. To simplify the 25.44.060(3)(c) (c) Rear: None required except where adjoining a residential district in which case 25.74.030 shall py -eaail. there shall be provided a setback requirement equal in width or depth to that required in the residential district. Clarification 25.46.020(1) 25.46.020 PERMITTED USES. The following uses shall be permitted in the C -3 district: (1) All uses permitted in the C -1/ C -2 districts;; (2) Service stations; (3) Laundry; (4) Express e`�a Trucking, express and storage yards To match past/current (5) Wholesale business; practices (6) Heavy machinery sales and service; (7) Warehouse; (8) Landscape gardening and storage area for equipment and materials; (9) Automobile sales and service; (10) Mobile home and trailer sales and service; (11) Lumber sales business; (12) Veterinarian clinics for household pets (including indoor boarding facilities); and (13) Parking lots within 500 feet of a C -2 district boundary provided, such lots are paved and the development complies with the landscape and fencing requirements of the C -1 district, as enumerated in subsection 25.42.020(13). (14) Contractor's plant or storage yard provided such plant or yard is more than 300 feet from a residential district. 25.46.0400 (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 requirement there shall be provided a setback equal in width or depth to that required in the residential district 22 25.48.050(3)(b) (b) Side: None required except where adjoining a residential district in T o simplify the which case 25.74.030. °' there shall be provided a setback requirement equal in width or depth to that required in the residential district. To simplify the 25.48.050(3)(c) (c) Rear: None required except where adjoining a residential district in which case 25.7 4.030 shall prima : there shall be provided a setback requirement equal in width or depth to that required in the adjacent residential district. 25.50.040(41 (4) Unclassified uses Clarification 25. 5) 25.52.020 PERMITTED USES. Uses permitted in the I -1 district shall be: (1) All uses permitted in the C -3 district; (2) Building material storage yard; (3) Trucking, express and storage yards; (4) Contractor's plant or storage yards; Power plants are a (5) Elee heal eentrza' -pewef statien; Heavy Industrial (I -3) (6) Laboratories, experimental; Use. (7) Automotive assembly and repair; (8) Kennels; (9)(D Creamery, bottling, ice manufacture and cold storage plant; To match past/current M(10)Blacksmith, welding or other metal shops, excluding punch practices presses over twenty tons rated capacity, drop hammers, and the like; (x(11) The manufacturing, compounding, processing, packaging of cosmetics, pharmacology and food products, except fish and meat products, and the reducing and refining of fats and oils; (t 12 Printing plant; and 02)(13) Parking lots within 500 feet of a C -2 district boundary, provided such lots are paved and the development complies with the landscape and fencing requirements of the C -1 district, as enumerated in subsection 25.42.020(13). 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 Any An appeal of the City Planner's decision to deny a home Correction occupation shall be filed in See4ion 25 on 090 _-- __a__ -- with an' 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 and 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 23 24 developments that achieve a more efficient site plain, 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. 25.68.020 MAXIMUM INCREASE. The lot area per dwelling unit ratio within the R -2, R -3 and R 4 residential districts may be reduced in accordance with the provisions of this Chapter. The maximum available reduction is as follows: (1) R -2 District: May be reduced a maximum of one thousand four hundred square feet, from five thousand square feet per dwelling unit to three thousand six hundred square feet per dwelling unit; (2) R -3 District: May be reduced a maximum of one thousand Density increases for the R -4 District would promote overcrowding and may not be feasible considering height restrictions and parking requirements. 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 (3) DR 4 Dis° Et' May be "educed fi ` in density increase in that the R -4 density a maximiim ef s"ar-e feet, ffem ene thousand five fi� dwelling was increased slightly square p of iiii4t te effe th^.." "_.a five Lund,°, square feet .dwelling when the R -5 District was eliminated may years ago. 71 :70 QP() PERMITTED I-.A Try USES Table 70 1 "germWed Land Table originally Uses" is ineefpera4ed as part of this established in 1999 is see4ion as a refeFffiee giaide. d is inseFted t__t_1 in Table n�n a4 the end e f this .iapt". The land no longer used uses -s —afe 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 demonstrated by the applicant: (1) The caretaker's residence is solely intended to provide security for caretaker's residence is for security in remote and the established principal permitted use of the property; (2) The caretaker's residence is not within a substantially developed unpopulated areas of the City residential or commercial nei borhood; 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 (4) 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 24 25 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 fal 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 than 32 square feet of glazing must contain covered porches with a minimum of a four -foot overhang; (c) All entry porches/landing areas must be constructed as an integral part of the dwelling architecture; U 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; U Eave overhangs are required and shall be a minimum of 12 inches; (�f 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; All foundation walls must be poured concrete or masonry block; 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; (k) 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; W All siding must extend below the top of the foundation 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; (m) 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; U All electric meters must be securely attached to an 25 P11 exterior side wall of the dwelling. Meters are not permitted to (face the street upon which the dwelling is addressed; - Lol 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; (q) 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 granted through the special permit process based upon review of the criteria listed in PMC 25.86.060. 25.70.110 NATURAL RESOURCE USES. (1) MINERAL EXTRACTION. Mineral extraction, quarrying, rock crushing or related activities such as a-bateh plant e a premix plant may be permitted in any zone, on approval of a special permit and as provided in this Title, the excavation and sale of sand and gravel, clay, shale, or other natural mineral deposits (except topsoil) for the quarrying of any kind of rock formation shall be subject to the following conditions: (a) In case of an open excavation or quarry, there shall be a substantial fence with suitable gates completely enclosing the portion of the property in which the excavation is located and such fence shall be located at all points forty feet or more from the edge of the excavation or quarry. (b) Whenever production in any area used as a gravel pit, sand pit, clay pit, or quarry shall have been completed, then all plants, buildings, structures and equipment shall be entirely removed from such property and stockpiles shall be removed or back - filled into the pit within one year after such completion. When production shall have been 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. (c) Concrete and asphalt batch plants may be located in the I -2 Explains concrete and (Medium Industrial) zone by special permit and are permitted uses in asphalt batch plant use the I -3 Heav Industrial zone. allowance 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 surety may be re uired. Table originally 25.74.020 SITE DESIGN D1rQUIRET AND DS STANDAR4 Tables _ '-- . 7r P11 27 74 2, "Site Design IZ gtan,1,.,.as, zneefperated established in 1999 is axd egxirerrtents and afe A f this Chapter of ..enee .at the end er no longer used c per. .� .tpt., a as guides and efted this —These hefeby- fer ehepter. requiremens are— established all development in the . , dist4ets -4ad e„te, 25.74.040 BUILDING HEIGHTS EXCEPTIONS. The building heights Referenced tables restne.tion °hell he the height set feAh in Table 74 l ', 4 create confusion and -2 with following in the G 3 a vndit:vx s zone: (1) Exceptions to Height Regulations. Chimneys, water tanks, penthouses, towers, scenery lofts, elevators, bulkheads, stacks, ornamental casting towers, monuments, steeples, cupolas, domes, false mansards, and similar structures and necessary mechanical appurtenances may be erected to any height not exceeding the cross sectional area of 20 percent of the ground floor. (2) The above exceptions shall not apply to structures within the designated airport zones. 25.75.050 Design Standards (3) Commercial and Industrial Districts. The first 10 feet of all commercial and industrial propert y 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 fM In addition to the requirements contained in this chapter and unless specified otherwise in Chapter 25.5850, commercial and industrial zoned properties adjacent to properties in less intense zoning districts shall have a 10 foot landscape buffer on the side immediately Clarification adjacent to less intense zoning districts. The landscaped buffer shall meet the following standards: the f 11.....iiig st ftdai.1... (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 27 PO zoning districts require 100 percent of the landscape buffer to be planted with live vegetation. (1) The width of parking lot buffers shall be dependent — tin - he To clarify landscaping 25.75.070 requirements wa}-as follows: (a) Parking lots between the bu ilding and an 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 and adjacent to local access streets and alleys shall have a minimum buffer of 5 feet between the parking lot and the property line. 25.78.070(3) Shared Uses. Owners of two or more uses, structures, or parcels of Documentation to land within three hundred feet of each other may share the same establish shared parking or loading area when the hours of operation do not overlap. parking The owners of two or more uses, structures, or parcels within three 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 used a notarized and recorded parking agreement shall be required for shared ap rking Edgar Brown stadium between two or more separate tax parcels under se crate ownership. 25.78.100 SPECIAL EVENT PARKING LOTS. (1) Special event parking lots used on an infrequent basis such as those associated with seasonal play parking lot is now fields and the Edgaf Bfevm Stadium 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. Chapter 51 10 MLAC r a 7509 Chapter � x x o r rzx��ivcuoxrr�m� 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. PO 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; M (8) Landfills, garbage dumps, and resource recovery facilities; 00)J91 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; "1102 Electrical substations and load transfer stations, natural gas booster stations, and other similar utility facilities; 42) 11 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 "L12 Agricultural use (commercial) except in areas 1,000 feet from a residential zoning district, subdivision or dwelling unit. 25.86.035 AGRICULTURAL USES. (1) Commercial agricultural uses listed as conditional or unclassified uses in this Title shall conform to the following prior to the issuance of a special permit: (a) Special permits for agricultural uses (commercial) may be granted for tracts of land or a combination of adjoining tracts of land ever ten acres or more in size within 1,000 feet of a residential zoning district, subdivision or a dwelling unit excluding dwellings associated with agriculture uses. (b) The applicant for a special permit shall be required to submit a conservation plan approved by the Farm Service Agency. 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; `Q i(a) scri ption _of any existing zoning_ordinance violation; site map or plan drawn neatly -and to scale, showing the foll in Exterior property lines and any adjacent public streeley rights -of -way. 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) Geftifieate of _°.ship a a list of addresses of all hi three handred feet of the appheafifs The property owner's notarized signature acknowledging the he application For clarification and flftd consistency with (6) Any other pertinent information that may be necessary practice to determine if the use meets the requirements of this Title. 25.86.110 EXPIRATION. Unless otherwise specified within the special permit, To provide the applicant shall commence the special use authorized or obtain a consistency with building permit for construction of authorized facilities within six practice raeaths after effeetive date of the speeial permit the time period specified in the approved special permit or the special permit shall expired. In the case of temporary special permits, unless otherwise specified within the permit, the permit shall expire after six (6) months from its effective date. Within thirty (30) days after the date of expiration, the applicant shall have removed from the premises the temporary use and any improvements of a temporary nature authorized by the permit. 25.86.120 EXTENSIONS. n ane time extension of a speeial 7ca e Citv Clarification Council may be granted a one -time extension without earing provided the extension does not exceed six months ancation for extension is submitted to the City Planner no later days a prior to the expiration date of the special permit. ision does not ap ly to tempor s ecial ermits. 25.88.02 0 INITIATION OF AMENDMENTS. For clarification and (1) Zoning Map: consistency with (a) Any person, fine, corporati of practice individuals, or municipal department may petzone 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 kit (2) must contain the notarized signature of the legal owner of the property. The legal owner is considered to be the owner of record. 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 31 MEMORANDUM DATE: November 15, 2012 TO: Planning Commission FROM: Jeffrey B. Adams SUBJECT: CA 2012 -009: CODE AMENDMENT —REGIONAL COMMERCIAL ZONES This memo is in response to a request by the City Council to examine the utility of Regional Commercial Zones and to consider options for their application. The Regional Commercial Zone (CR) designation can best be described as an "enhanced C -1 Zone," as it allows virtually' all uses found in the C -1 zone, but with the addition of auto /RV sales and services, amusement, game and recreation centers, and golf driving ranges. These uses are currently allowed in the Gl Zone with a Special Permit (auto sales may be allowed by Special Permit in a C -1 Zone if the property meets one of the following circumstances: a) the properly must be adjacent the intersection of two arterial streets, or b) the property must be adjacent a single arterial street but not adjacent to or across a public street right -of -way from a residential district, and not closer than 300 feet to any existing car lot). The intent of this zoning designation was to allow for autos and RV sales and regional -scale recreational activity centers near interchanges without requiring applicants to go through the special permit process. In the 10+ year history of the CR zone there has been one property owner who has made use of this special zoning feature (Auto -RV Sales — Broadmoor RV). The number of applications for CR -type uses by Special Permit (golf course, waterpark, TRAC Facility) over the same time period can be counted on a single hand. Furthermore, an applicant in the Riverview Plaza, which was rezoned from C -1 to CR in May of 2003 has recently petitioned for a rezone back to C -1. This property has a concomitant agreement from the previous rezone from C -1 to CR prohibiting "amusement game centers, recreation centers or similar uses," and "the use of outdoor speakers and public announcement systems of any kind," and requiring the owner to apply I -182 Corridor Design Standards to any and all new development. Current CR Zones are clustered south of the intersection of I -182 and Road 100, and in the Riverview Plaza on West Court Street just west of the Highway 395 intersection (See Exhibits 1 through 3). 1 Donation -based secondhand shops are allowed in C -1 Zones with Special Permit approval, but are not allowed in CR Zones. For Potential CR Zone sites, the I- 182/Road 68 interchange may be seen as an ideal location (See Exhibit #4); however inviting auto/RV sales to these areas may serve to dilute the synergy of the auto sales cluster along state Highway 395 between Court and Sylvester Streets. Staff has received the following guidance from the Planning Commission: 1) There is value in auto and RV dealerships being able to locate in areas without needing to submit to the Special Permit process, and having the ability to review applications for amusement, game, recreation centers, and driving ranges through the Special Permit process. 2) The area north of I -182 and west of the Outlet Mall may be appropriate for CR Zoning with the provision that amusement and water parks would require approval by Special Permit. Owners in this vicinity applied for and received a Special Permit for a waterpark, however it expired in May of 2012. 3) Riverview Plaza may not function as a commercial center of regional importance. The owners of Riverview Plaza recently rezoned part, but not all of the shopping center from CR to C -1, indicating a reluctance to give up the auto/RV option. The existing CR Zoning was established in May of 2003. The purpose was to accommodate an auto /RV dealership that wished to locate at the site. That did not transpire and the value of retaining the CR Zoning designation should be analyzed through the rezone process. Recommendation and Motion to Council A) Direct Planning Commission to initiate the rezone application process for the area north of I -182 and west of the Outlet Mall from C -1 to CR, as indicated on the attached map; B) Direct the Planning Commission to initiate the rezone application process for Riverview Plaza from CR to C -1; and C) Direct the Planning Commission to initiate a code amendment process allowing amusement, game, recreation centers and driving ranges in the CR Zone through the Special Permit process s r. F rtt a A 1 Hi q IZ (D O CL N" a v l ti 4 O 13 N c�Y r Xk R .ct U � r r; O V v V W IT O � L) C) �N r--I U c� . . u 1rr� s r. F rtt a A 1 Hi q IZ (D O CL N" a v l ti Y , P 4 13 Y , P 4 q,h i i �it a V L _ Y. 4 c�Y r Xk R V � t � r r; 4 q,h i i �it a V L _ Y. r V � t � r r; f c1ii1 4 q,h i i �it a V L _ Y.