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HomeMy WebLinkAbout12-20-2012 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: A. Rezone B. Special Permit C. Special Permit D. Special Permit E. Special Permit F. Code Amendment VI. PUBLIC HEARINGS: A. Special Permit VII. OTHER BUSINESS: VIII. WORKSHOP: A. Plan B. Plan IX. ADJOURNMENT: 7:00 P.M. December 20, 2012 Declaration of Quorum November 15, 2012 Rezone from BP (Business Park) to C -3 (General Business) (Bill Dolsen) (MF# Z 2012 - 00 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) Title 25 Revisions (MF# CA 2011 -006) Harris Road Irrigation Road Pump Station (Dale Adams) (MF# SP 2012 -027) DNR Property Concept Plan Automobile Repair in Commercial Zones REGULAR MEETING PLANNING CALL TO ORDER: MEETING The meeting was called to order at 7:00pm by Chairman Cruz. POSITION MEMBERS PRESENT MEMBERS ABSENT No. 1 Michael Levin No. 2 Vacant No. 3 Andy Anderson No. 4 Alecia Greenaway No. 5 Joe Cruz No. 6 Vacant No. 7 Zahra Khan No. 8 Jana Kempf No. 9 Paul Hilliard APPEARANCE OF FAIRNESS: November 15, 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. There were no declarations. 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. 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 Hilliard, that the minutes dated October 18, 2012 be approved as mailed. The motion passed unanimously. OLD BUSINESS: A. Rezone Rezone from BP (Business Park) to C -3 (General Business) (Bill Dolsen) (MF# Z2012- 003) - Continued to December 20 2012 Meeting -1- Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed the status of this item and explained that the applicant needed more time. Commissioner Khan moved, seconded by Commissioner Greenaway, to continue the deliberations until the December 20, 2012 meeting. The motion passed unanimously. B. Special Permit Location of a Level 1 Community Service Facility (Sol Educational Services) IMF# SP 2012 -0221 Chairman Cruz read the master file number and asked for comments from staff. Shane O Neill, Planner I, discussed the special permit for the location of a Level 1 Community Service Facility. He stated that there have been no changes since the previous staff report. Commissioner Kempf moved, seconded by Commissioner Greenaway, to adopt findings of fact and conclusions as contained in the November 15, 2012 staff report. The motion passed unanimously. Commissioner Kempf moved, seconded by Commissioner Greenaway, 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. 3 *d Avenue with the conditions as contained in the November 15, 2012 staff report. The motion passed unanimously. PUBLIC HEARINGS: A. Special Permit Location of a cellular antennae IAT &TI (MF# SP 2012 -023) Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, discussed the special permit for the location of a cellular antennae tower on top of a centrally located administrative building at the campus of Columbia Basin College. An identical tower with antennae already exists on the same building to which AT&T is proposing to locate. Pasco Municipal Code requires special permit review for wireless communication facilities. Commissioner Khan asked if the existing cell phone tower belongs to AT&T. Mr. O'Neill answered that it does not. Commissioner Hilliard asked if the applicant would have to come back to the Planning Commission if they wanted to change the height of the tower. -2- Mr. O'Neill answered that if the applicant increased the height of the tower it would be considered expansion and they would have to come back to the Planning Commission for a special permit. David McDonald, City Planner, gave an example of another cellular tower that expanded and had to come back to the Planning Commission to add 20 more feet to the tower. Marianne Boring, P.O. Box 2123, Richland, WA, spoke on behalf of her application. She clarified to the Planning Commission that the existing cellular antennae belongs to Franklin PUD. Commissioner Khan asked the applicant how the site at Columbia Basin College was selected. Ms. Boring responded that there is a coverage gap and not enough capacity with their existing system to cover the number of students making calls along with people at the airport making calls. Commissioner Levin asked the applicant if she accepted the tentative approval conditions. Ms. Boring answered that she accepts the conditions. Commissioner Khan asked if Columbia Basin College is paid for the use of their site for the tower. Ms. Boring answered that AT&T will be paying a monthly lease. With no further questions or comments the public hearing closed Commissioner Kempf moved, seconded by Commissioner Levin, 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. The motion passed unanimously. B. Special Permit Location of a records storage facility (Lourdes Hospital) (MF# SP2012 -024) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit for the location of a medical records storage building in an R -3 Zone. Storage buildings are allowed through the special permit process by a deduction that since community service facilities, such as hospitals, are allowed, then their accessory uses are permitted through the special permit request. Staff analyzed the special permit request and based on the conclusions that are required through PMC 25.86, there was concern regarding a large amount of public investment that has occurred in the area and how the proposed storage building -3- would fit in. The original proposed building did not look like a house which would be expected in an R -3 Zone or an office rather it looked like a storage facility. Lourdes has attempted to minimize the effect of a storage building by revising the material used to build the facility and making it appear to look more like a home. Staff would like to recommend some additional conditions for this special permit application. The tentative approval conditions in the staff report were intentionally vague to allow staff to receive the input from the Planning Commission with conditions that would spell out more landscaping requirements and design features to help adjust the compatibility with this fairly large proposed building with the existing neighborhood and complement the park across the street. Chairman Cruz asked for clarification on the aesthetics of the building and the materials to be used. Mr. White answered that the building should include design features that complement the neighborhood. Dan Ellsworth, 11 Clover Lane, spoke on behalf of the special permit application. He explained the need Lourdes has to expand and get their records out of the hospital to make more room for patient care and other programs that they offer. They are willing within reason to make the storage building to blend in with the neighborhood. Chairman Cruz asked the applicant what surface finishes are intended to be used on the building. Mr. Ellsworth answered that the building will be 35 X 95 with the 5/12 roof pitch. The might use a stick built instead of steel which will give more options with siding and making the building appear more residential. Chairman Cruz asked if the building would be stucco with steel panels Mr. Ellsworth stated that he would have to defer to their architect Renata Presby, 209 Broadmoor, Richland, WA spoke on behalf of Mr. Ellsworth as his architect from Meier Architecture/ Engineering. She stated that she is willing to work with the City to make a design aesthetically pleasing to the neighborhood. The original design of the building was to use metal siding just due to cost effectiveness. Commissioner Levin asked the applicant to clarify what is currently located on the property. Mr. Ellsworth answered a metal container is on the property which will be moved. Commissioner Hilliard stated that a metal building would be fine as long as there was some architectural work done to make the building blend in with the neighborhood. He also stated that the landscaping should match the landscaping of the hospital. Mr. Ellsworth stated that landscaping would not be a problem m Commissioner Hilliard felt that a wood structure doesn't have to be a goal since the budget is important as long as the building turns out appealing. Chairman Cruz stated that the design of the building needed to be more specific. The surrounding area includes City Hall, Lourdes and Volunteer Park. If there is a steel building between this area it would not look right in the neighborhood.. Something along the lines of stucco would break up the metal and be a better compromise within a budget. A wood sided building might be more costly. A diversity of materials and landscaping would help make the area harmonious. Mr. Ellsworth responded that he would rather stay with the steel building because it works best for records storage and best for the budget. Chairman Cruz was in agreement that the bulk of the building could be in steel however the details should be in a material other than steel. Commissioner Hilliard added that brick could be used just on the lower three feet of the front and back of the building to break up the surface plane. Chairman Cruz agreed that something to break up the steel surface area would work. Commissioner Kempf mentioned that there is an example of a steel building with other materials at Mail by the Mall in Kennewick that is steel with faux stone around the bottom and sides. Ms. Presby said that they could do 25 percent of the building in material other than steel. Commissioner Levin asked staff if there had been any questions or comments from people in the neighborhood of the proposed storage building. Mr. White answered that he was unaware of any comments. With no further comments the public hearing closed. Commissioner Hilliard asked the applicant and their architect to look at breaking up the steel building with other materials to make the building match the character of the neighborhood. Chairman Cruz agreed and added that there should be diversity in the surface structure and landscaping. Commissioner Levin moved, seconded by Commissioner Khan, 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 Planning Commission meeting. The motion passed unanimously. C. Special Permit Location of a church in a C -1 Zone (Pasco Bible Missionary Churchl (MF# SP 2012 -025) -5- Chairman Cruz read the master file number and asked for comments from staff Rick White, Community 8s Economic Development Director, discussed the special permit application for the location of a church in a C -1 Zone. The proposed church was built as a home and is currently being used as a church without the use of a special permit. Some concerns have come about through the special permit analysis process. One of those concerns is the amount of off - street parking available at the site, which currently only has space for one vehicle. According to the application the church has 22 parishioners on average that attend service. If parking standards are applied to that there would be a requirement of at least six off - street parking spaces necessary. There are some parking spaces located on the street but that parking is used for the church across the street. Another concern is the use of a home for a church in the terms of the International Building Code (IBC) and American with Disabilities Act (ADA) standards. Staff went through the findings and conclusions as required by Pasco Municipal Code and came up with tentative approval conditions. Some of the tentative approval conditions include: the church must comply with all requirements of the IBC for an "A" occupancy prior to occupancy by the church; any residential uses shall be restricted to the second floor of the building; the building, including entrances and restrooms, must be ADA compliant prior to occupancy by the church; sufficient on- site parking must be provided for the maximum possible occupancy based on the capacity of the main worship area. A tentative approval condition should be added regarding conformance with IBC about the use of the basement. Without entrances to the basement it could not be used for services, classroom or nursery. Chairman Cruz asked if the applicant could dig a second exit in the basement along with the existing exit to count as the two exists that would be required. Mr. White answered that perhaps could be possible. Commissioner Hilliard asked if any complaints have been received on parking. Mr. White answered that staff has not received any complaints. Commissioner Hilliard stated that many of the churches the Planning Commission has seen lacked parking so that wasn't a big concern of his. His largest concern was the access of the building and the ability of it to meet building code. Commissioner Levin requested clarification on the location of the one parking spot for the church. Mr. White answered that it is a concrete pad and isn't designed as a parking stall. Commissioner Levin stated that he receives a lot of calls regarding people parking in alley ways so this could be a concern. John Kinnaman, 321 -38 Henriot Rd, Winlock, WA spoke on behalf of the Pasco Bible Missionary Church. He explained that the church was unaware of the need for a special permit for a church and his knowledge of the property is limited and the pastor has only been with the church for one year. The church tried to get a permit for a wheelchair ramp through the City and that is when they found out they had to have a special permit to operate their church. This building is used as a dual purpose building, meaning there are services held in this building and the pastor and his wife live in the basement of the building. To his knowledge, there has never been a problem with parking or any other complaints. Chairman Cruz stated that the Planning Commission is concerned with getting the applicant the requirements they need to be able to move forward and continue to operate at their site location. The ADA requirements will mean wide bathroom doors, ramps and some other things that might be costly. Chairman Cruz asked what the current congregation is on an average Sunday. Mr. Kinnaman answered that 22 is the average number of people who attend. Chairman Cruz then asked what the capacity is at the church. Mr. Kinnaman stated that he needed to defer that to the pastor. Pastor Ernesto Suarez, 527 W. Bonneville Street, answered that their capacity seated is close to 60 -70 people where everyone could sit comfortably. That is not how many people they've had it is just how many they can hold. On average only 30 people in the morning and 20 in the evening. There are more children than adults. Chairman Cruz stated that if there were only 20 -30 people then parking might not be an issue but since the capacity is 60 -70 then parking could become an issue. Commissioner Hilliard told the applicant they would likely have to get architecture to help them out with what they need to have done. Chairman Cruz agreed that architecture would most likely be needed. Once all modifications that need to be made are complete then a special permit can be issued. The special permit may not be available until all modifications are complete. Commissioner Levin asked if the tentative approval conditions have to be fulfilled or obligated. Chairman Cruz answered that yes, if they want the special permit then those conditions must be met. Commissioner Khan asked staff if the church could work with a local business to share parking since there isn't room to build parking. If so, that would a one possible way the applicant could handle the parking situation. Mr. White answered that the zoning code does have a provision for the arrangement mentioned which would require a special permit and would have to be within 300 feet of the use, or in this case, the church. -7- Pastor Suarez added that on average only have three cars parked outside of the building. Their desire is to grow as a church then they would want to relocate to a more formal location to accommodate more people. Chairman Cruz stated that the Planning Commission is trying to come up with ways to help and the idea Commissioner Khan had mentioned might be one of the ways to work around the parking. Commissioner Greenaway asked the applicant if they own the building or if they are renting the building. Mr. Kinnaman answered that they own the building. Commissioner Levin stated that he understands the stress of parking but there are plenty of options. Commissioner Hilliard stated that he would limit the capacity of the church if possible since it is a small facility - 30 or less maximum capacity. David McDonald, City Planner, responded that it is possible to limit the capacity of the building but the problem lies in the enforcement. There is no way of knowing if they have more people in the building without sending City staff to inspect. Chairman Cruz said if the congregation grew to the size where it became a nuisance, citizens would call it in to the City. He was more concerned with the restrooms, doorways and ramps met ADA standards and other building codes were modified. Commissioner Khan asked if it was possible to give them time to apply for a special permit for shared parking with a local business. Chairman Cruz answered that they typically have less than six months for the building permit. Mr. McDonald stated that it has varied in the past depending on the size of the church and the magnitude of items that need to be taken care of. It could range from six months to longer than a year. To provide some history, many years ago, possibly by a different group, the City was approached by a church to locate in the proposed building and the special permit process was explained to them and they were told that they couldn't operate the church facility unless they went through the process. Now years later there is a church there. There are problems with the structure being built as a house due to too much weight on the flooring (people, piano, songbooks) the floor could collapse. Chairman Cruz stated that it might not be viable to use the building as a church after all of the costs are incurred to bring the building up to code. In the future, if services are still being held without a permit then the church would be subject to code enforcement. Mr. Kinnaman asked if the church will be given a specific amount of time to bring things to code and if they can operate while working with the City. M Mr. White answered that as long as the church is making a good faith attempt to come into compliance they can hold services while the City works with them. With no further comments the public hearing closed. Commissioner Hilliard stated that an inspection should be required and architect drawings to allow staff to be able to make decisions. Capacity is the first thing that he would like to look at and the ADA requirements. Chairman Cruz added that the applicant would have to come to the Building Department to get occupancy, and in order to get occupancy all work would have to be completed by June 31, 2013. Time can be flexible however the improvements should not be flexible. Generally looking at the capacity of the facility could help mitigate the parking impact. Commissioner Hilliard suggested that the capacity could be limited to help with parking or no limit on capacity of they get a special permit to share parking with another business. Chairman Cruz stated that the Planning Commission could leave the conditions as is. The conditions could say sufficient onsite parking or other agreement must be obtained to provide that maximum worship capacity. The other Commissioners agreed to have a condition for parking to read that sufficient onsite parking or other agreement must be obtained. Chairman Cruz asked the commissioners how they felt about the work being completed by June 31, 2013. Commissioner Greenaway thought that they should be given more time since they were a small group. Commissioner Hilliard asked if they could come back for an extension if they were working in good faith with the City. Mr. White answered that it would be better to set a longer period to start because staff cannot alter the conditions. It could come back to the Planning Commission but it would be better to just extend the date now. Commissioner Hilliard suggested that they are given a year. The commissioners were unanimous that a year would be enough time to be in compliance with the conditions. Commissioner Khan asked if they were allowed to hold services while they work on compliance. Chairman Cruz answered that as long as the church is making efforts to work with the City they can hold services. SZ Chairman Cruz then stated that the basement of the building could be addressed in the conditions such as two exits getting out of the basement. Commissioner Hilliard moved, seconded by Commissioner Greenaway, 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. The motion passed unanimously. D. Special Permit Location of a church in an R -2 Zone (Hugo Lozanol (MF# SP 2012 -025) Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, discussed the special permit application for the location of a church in an R -2 Zone. The applicant realized he needed a special permit when he came to the Building Department to get a permit for an entry cover over the front of the building. In order to get an occupancy registration a special permit needs to be obtained. A special permit for the location of a church at this site was issued to the previous owner in 1991. At that time a parking lot was installed as one of the conditions so unlike other special permits for a church, parking will not be an issue. The building has been on site for nearly 100 years which could lead to structural issues with floor stability. The applicant has made a good faith effort to make available all existing parking spaces by cleaning up the property to ensure there is parking available. Hugo Lozano, 622 W. Clark Street, spoke on behalf of the special permit application. He stated that the church is currently in use and there is plenty of space for parking. Chairman Cruz responded that parking would not be a likely issue but there will requirements for ADA Improvements and other building code upgrades. He asked the applicant if he had discussed those requirements with staff. David McDonald, City Planner, stated that many of the ADA and building code updates may have already been completed from the prior special permit process. Between being a house and a church this building might also have been an office for some time. Office requirements for loading on the floor are quite a bit different than a house. Mr. O'Neill reminded the Planning Commission that the applicant applied for a fairly large front entry with a ramp with the Building Department, Chairman Cruz asked the applicant if there are any conditions that he can't work with, such as, parking must be available, must comply with the building code, the entrances and restrooms must be ADA compliant and an occupancy certificate must be obtained by March of 2013 which would mean all of the work would need to be done by March of 2013. -10- Mr. Lozano stated that he is fine with the conditions. They are in the process of being in compliance. Commissioner Greenaway asked if the timeframe could be extended until May of 2013 to get their certificate of occupancy due to the winter coming up. Chairman Cruz answered that he wouldn't have a problem extending the timeframe. With no further comments the public hearing closed. Rick White, Community & Economic Development Director, suggested extending the timeframe to June 2013 to be consistent with the other special permit application. Commissioner Levin asked if the completion date would be June Ist or June 30th Chairman Cruz stated that the completion date should be July 1, 2013 to make it easiest on the applicant. The fellow commissioners agreed. Commissioner Hilliard moved, seconded by Commissioner Greenaway, 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. The motion passed unanimously. E. Zoning Determination Zoning determination of an unincorporated property located at Kahlotus Hwy /Commercial Ave IMF# ZD 2012 -003) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, explained the proposal to annex approximately 546 acres of land located east of SR 12 on the north and south side of the Kahlotus Highway. Property owners are currently are currently working on a petition for the annexation. Part of the annexation process requires the Planning Commission to develop a recommendation for the City Council for zoning in the event the properties in question become annexed to the City. Staff is anticipating annexation by the end of 2012 or January 2013. The Planning Commission has gone through this process several times. Some of the things to look at when considering zoning determination relate to the comprehensive plan designations, the policies of the plan, current land use, current County zoning and from the a recommendation is made. The current zoning of the proposed properties is split between two different County Zoning Districts; the I -3 (Heavy Industrial) and I -2 (Medium Industrial) Districts. Most of the properties within this area are developed for industrial use, keeping more in line with I -1 zoning rather than I -2 or I -3. The County does not have an I -1 Zoning District in their zoning regulations. In the City's zoning regulations the I -3 Zoning District is set aside specifically for the Port of Pasco which is the only area that can be zoned I -3. The difference between I -1 and 1 -2 is that the I -2 District allows salvage yards and junk yards without any restrictions other than the development standards in the zoning code which requires -11- an 8' fence. The I -2 District also permits some enhanced food processing relating to the rendering of meats, fats and oils. The current uses in the proposed area are mainly I -1 District type of uses. There are two food processors, a large substation owned by Bonneville Power, there are a number of trucking firms, a small fertilizer /bio- chemical company that provides services to the agriculture industry, three potato shed warehouses and a couple of homes. Staff would recommend if the area were annexed to be zoned I -1, which would allow everything to continue and existing uses would be able to expand. Chairman Cruz agreed with staff that the area should be zoned as I -1 (Light Industrial). The fellow commissioners agreed. The public hearing was opened but with no questions or comments it closed. Mr. McDonald shared that Rick White, Community & Economic Development Director, and himself, met with property owners to go over any zoning questions with them and as far as they are aware there isn't any objection to the Industrial Zoning that is being proposed. Staff does not see the proposed zoning disrupting any of the current uses. Commissioner Greenaway moved, seconded by Commissioner Khan, to adopt the findings of fact as contained in the November 15, 2012 staff report. The motion passed unanimously. Commissioner Greenaway moved, seconded by Commissioner Kempf, based on the findings of fact as adopted, the Planning Commission recommend the City Council zone the Comercial /Kahlotus Annexation Area, I -1 (Light Industrial) upon annexation. The motion passed unanimously. F. Code Amendment Title 25 Revisions (MF# CA 2011 -006) Chairman Cruz read the master file number and asked for comments from staff. Shane O Neill, Planner I, discussed the code amendment pertaining to Title 25 Revisions. This item has been brought to the Planning Commission several times for input on zoning code. One of the major changes is height and rear setbacks of accessory dwelling units in suburban zones. Currently accessory structures are based on the height of the house, meaning if a person owned a two -story home, they could build an 18' tall garage, which could turn into a 23' tall because of the peak, and up to 1,200 square feet just 5 feet from the rear property line. That would make a large impact on the neighbors. This change to the code would help alleviate the impact by increasing the rear setback and reduces the maximum height. It was decided that the new code should match the County. Some of the other proposed changes to the code discussed by Mr. O Neill pertained to dancehalls and nightclubs needing special permit review in C -1 Zones, car washes, changes in use in I -1 Zones to allow for kennels for dog breeding or rescue kennels, variances in special permit applications, caretaker's residences and clarification regarding concrete and asphalt mix plants. -12- Chairman Cruz clarified the point of making changes to the code in regards to mix plants. Rick White, Community & Economic Development Director, responded that the change was due to mixing plants wanting to locate at the same site as the mineral source regardless of the zoning. The public hearing was opened but with no questions or comments the hearing closed. Commissioner Kempf discussed the 18 foot building height to 15 foot height for the maximum accessory structure height in PMC 25.22.030. Commissioner Khan asked if staff considered increasing the rear setback 10 feet on PMC 25.22.050 instead of 5 feet in RS -20 Zones. Mr. White answered that staff did consider that but the code amendment matches the County. Commissioner Kempf moved, seconded by Commissioner Levin, 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. The motion passed unanimously. WORKSHOP: G. Code Amendment Regional Commercial Zones (MF# CA 2012- 009) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the workshop item regarding a code amendment to Regional Commercial (CR) Zones. There are currently two CR Zones in Pasco; the intersection at Road 100 and I -182 and Riverview Plaza on West Court Street just west of the Highway 395 intersection. The Planning Commission has seen this item before and based on Those recommendations include; (A) Directing the 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, (B) Initiate the rezone application process for Riverview Plaza from CR to C- 1 and (C) Initiate a code amendment process allowing amusement, game, recreation centers and driving ranges in the CR Zone through the special permit process. Chairman Cruz agreed with recommendation (A) and (C) but did not have a strong opinion about recommendation (B). Commissioner Hilliard asked Chairman Cruz why he wasn't strong about recommendation (B). -13- Chairman Cruz answered that it is because of where the applicant stands because he isn't sure if the current property owner would support the rezone. He would like to see staff approach the property owner to get their opinion. The fellow commissioners agreed with Chairman Cruz. With no further discussion or business, the Planning Commission was adjourned at 8:43 p.m. Respectfully submitted, Dave McDonald, City Planner -14- REPORT TO THE PLANNING COMMISSION MASTER FILE NO, Z 2012 -003 APPLICANT: Bill Dolsen HEARING DATE: 8/16/2012 PO Box 1726 ACTION DATE: 12/20/2012 Yakima, WA 98907 BACKGROUND REQUEST FOR REZONE: Rezone from BP (Business Park) to C -3 (General Business) with a Concomitant Agreement 1. PROPERTY DESCRIPTION: Legal: Lot 4 Binding Site Plan 95 -5 Location: North end of 26th Avenue Property Size: 8.41 Acres 2. ACCESS: The property has access from 26th Avenue. 3. UTILITIES: All utilities are available to the site. 4. LAND USE AND ZONING: The site is currently zoned BP (Business Park). The site is vacant and never been developed. Surrounding properties are zoned and developed as follows: North "R -1" Low Density Residential - Church & "R -2" Medium Density Residential - Duplex complex South "BP" Business Park - TI Sports East "R -1" Low Density Residential - Single Family West Highway 395 5. COMPREHENSIVE PLAN: The Comprehensive Plan Land Use Map designates the site for commercial uses. Plan Policy ED -2 -13 encourages the development of a wide range of commercial and industrial uses strategically located to support local and regional needs. Part of the State -wide Growth Management mandate as identified in the Comprehensive Plan includes the promotion, retention and expansion of local businesses. 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. 1 ANALYSIS/ HISTORY The property in question was part of a more than 18 acre area north of Court Street adjacent to Highway 395 that was annexed to the City in 1989. Upon annexation the site and companion parcels to the south were zoned C -1 Retail Business. In 1995, six years after annexation, a permit was issued for the construction of the Food Pavilion store on the seven acres south of the site. A year later a convenience store was built at the northwest corner of 26th Avenue and Court Street followed six years later by two commercial buildings along Court Street. The site has continued to remain vacate since annexation 23 years ago. The Food Pavilion store closed in the early 2000's and remained vacant until it was rezoned to BP along with the site in question. In 2010 the Food Pavilion property was purchased by Ti Sports and converted to a research, development and manufacturing facility. (The Food Pavilion store was originally located on the west side of Highway 395 in the River View Shopping Plaza. The River View Shopping Center has been mainly vacant and underutilized for more than 10 years.) The applicant is seeking a rezone for the site to relocate and expand an existing distribution facility that is currently located on Road 34. The Business Park District does not permit the development of warehouses hence the applicant request for a rezone to C -3 (General Business). The subject property is designated for commercial land uses by the Comprehensive Plan Land Use map. The Comprehensive Plan provides general guidance on land use but does not specifically identify which of the six commercial zoning districts should be applied to the property. The public rezone process is used to determine the most appropriate zoning district. Commercial zoning districts include C -1 (Retail Business), C -2 Central Business District), "O" (Office), C -3 (General Business) CR (Regional Commercial) and BP (Business Park). The C -3 District permits the most intense commercial land use activities in the community. These uses include heavy machinery sales and service, lumber yards, mobile homes sales yards, automobile sales and service, wholesale businesses, warehousing, and trucking firms. The applicant understood at the time of application that not all permitted uses within the C -3 district would be appropriate on the site and restricted the C -3 rezone request to exclude heavy equipment activities, lumber sales and veterinarian clinics. While the applicant intends to relocate and expand a specific business, zoning decisions need to be considered in the context of all uses permitted in a zoning district. The applicant's existing facility uses 14 to 16 trucks on a regular basis. Eight UPS /FEDEX type trucks provide vending services to the region and 6 to 8 large 30 to 50 foot semi - trucks make deliveries to area stores. These trucks leave the current site between 5:30 am and 7:00 am and return between 2 1:00 pm and 4:00 pm each afternoon. From 4:00 pm to about 10:00 pm the trucks are re- stocked for deliveries the following day. Sometime during the day, usually in the morning, several (3) semi - trucks make deliveries similar in the manner in which deliveries are made to grocery stores. Again review of the application should include consideration that any type of distribution center could be located on the site not just the applicant's proposal. Other types of distribution centers may be more or less intense with respect to impacts on the neighborhood. Given the location of the property adjacent to a residential district it may be necessary to exclude certain C -3 uses from consideration and or include conditions that would reduce or eliminate possible adverse impacts associated with a rezone that may include a distribution center as a permitted use. Conditions could include additional screening through the use of berms, fencing and landscaping, restrictions on the location of buildings on the site, security lighting and orientation of loading docks. It should also be pointed out that some uses permitted in the BP zone such as retail grocery stores are serviced by a large number of trucks big and small. Trucks delivering to grocery stores arrive very early in the morning and continue through the day into the evening. Depending on the orientation of the loading docks truck traffic to a grocery store can impact adjoining properties in much the same manner as a distribution facility. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: • The retail nature of the area has changed as a result of the conversion of the Food Pavilion building to a research, development and manufacturing facility. • The old Kmart building (76,000 sq. ft.) on the west side of Highway 395 has been vacant or underutilized for approximately 12 years. • Much of the River View Shopping Plaza west of Highway 395 has been vacant or underutilized for the past decade • A significant shift has occurred in the retail development of the city with major retail development now occurring on Rd 68 near the I- 182 Interchange. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare. For one reason or another development skipped over this site. The church to the north was built in 1969 and the houses to the east were built in the 1950's, 1960's and 1970's. The location of the property adjacent to the freeway and 750 feet north of Court Street have made it undesirable for both residential and commercial development. Rezoning 3 the property for businesses that are not impacted by freeway noise and that do not need convenient or direct access to an arterial street may encourage development and use of the property. Developed land contributes more fully (through taxes, fees and licenses) to the funding of municipal services thereby promoting the general welfare. Developed land also eliminates problems associated with weeds, the collection of litter and blowing dust that often creates a nuisance in the community. 3. The effect it will have on the nature and value of adjoining property and the Comprehensive Plan. The Comprehensive Plan does not specify the exact commercial zoning that should be applied to the property. That determination is to be made through the public rezone process. There are six commercial zoning districts that could be considered for the property, including C -3 General Business. Plan policy ED -2 -13 encourages the development of a wide range of commercial and industrial uses strategically located to support local and regional needs. The site is conveniently located near the Court Street 395 interchange providing easy access to the local and regional transportation network. Part of the State -wide Growth Management mandate includes the promotion, retention and expansion of local businesses. Rezoning the property would benefit nearby commercial businesses, thereby creating additional business opportunities and buoying up property values. Development of the property with a building could benefit the adjoining residential neighborhood by creating a barrier or buffer between the freeway and the neighborhood thereby reducing freeway noise in the neighborhood. Development of the property would also eliminate a weedy dusty parcel thereby diminishing nuisances caused by weeds, blowing dust and the collection of litter. However, a distribution facility may also increase trucking and sorting activities on the site and may increase noise impacts in particular It is probable that this increase in activity will impact the R -1 and R -3 properties adjacent to the rezone site and noise impacts would need to be mitigated. 4. The effect on the property owners if the request is not granted. The current BP zoning allows the property to be developed with a variety of administrative office buildings, testing labs, research facilities, High Tech type manufacturing plants, industrial medical facilities, research and development facilities and retail businesses. The benefit of this zoning district to the owner is that it allows a combination of C -1 business activities and research, development and manufacturing of high tech products. Additional setbacks and landscaping requirements are built into the district to provide compatibility with neighboring properties. By maintaining the current zoning the property owner can market the land for a greater number of uses than permitted in some commercial districts. However high tech development firms are difficult 0 to attract and the location of the property 740 feet from an arterial street make it less attractive for retail sales. The proposed rezone may increase opportunities to lease or sell the property and put the property to a productive use. With current and past zoning the property has not developed. S. The Comprehensive Plan land use designation for the property The Comprehensive Plan designates the site for commercial development. The proposed rezone is for commercial development (C -3 zoning) consistent with the Plan. The existing BP zone is also consistent with the Comprehensive Plan designation of the site. 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 BP (Business Park). 2) The Comprehensive Plan designates the site for commercial development. 3) The Pasco Municipal Code contains regulations for 6 types of commercial zoning districts. 4) The applicant has applied for a C -3 General Business rezone 5) C -3 Zoning is consistent with the Comprehensive Land Use Designation of commercial for the site. 6) Under current and past zoning the site has remained vacant and undeveloped since it was annexed 23 years ago. 7) Properties around the site developed in the 1950's, 1960's and 1970's while the site in question remained vacant and continues to be vacant today. 8) The former Food Pavilion building directly south of the site remained vacant for 7 years until the property it was a part of was rezoned. The rezone enabled a non - retail research, development and manufacturing firm to locate in the building. The firm invested almost a million dollars in remodeling the building. 9) The 76,000- square -foot K -Mart building in the Riverview Shopping Plaza (3521 W Court St.) has been vacant or underutilized for approximately 12 years. 5 10) The old Food Pavilion building in the Riverview Plaza has been vacant or minimally used since 1996. 11) The site is located 750 feet north of Court Street and lacks arterial street frontage. 12) In addition to permitting the development of retail uses the C -3 District permits the development of more intense commercial activities such as automotive sales and services, heavy equipment sales and service, lumber yards and other uses. 13) Some retail uses such as grocery stores are serviced by a large number of delivery trucks at all hours of the day and night. Grocery stores are a permitted use in the BP zone. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Planning Commission must develop its conclusions from the findings of fact based upon the criteria listed in P.M.C. 25..88.060: The criteria are as follows: (1) The proposal is in accord with the goals and policies of the Comprehensive Plan. The goals and policies of the Comprehensive Plan encourage the development of commercial land uses on the site. The proposed zoning district is commercial in nature and supports the Plan. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. The property is currently vacant and has remained undeveloped since annexation to the City. The proposed rezone may provide opportunities for additional uses creating employment opportunities and additional activity on the property that would have secondary benefits to adjoining commercial businesses. Development activity on the property will ensure the property is maintained in a dust free weed free manner, thus benefiting other nearby properties. (3) There is merit and value in the proposal for the community as a whole. Encouraging development of the property will have merit and value to the community as a whole because a developed property more fully contributes to funding public safety, schools, parks and other community services upon which all residents rely. The proposal will also cause the property be become developed eliminating nuisances conditions associated with blowing dust, weeds and the 0 accumulation of weeds and debris along the common property line with the properties to the east. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The property is not an appropriate location for many of the high intensity uses that are permitted in the C -3 District. Uses such as heavy machinery sales and service, lumber yards, landscape storage yards, contractor facilities, mobile homes sales, automobile sales and service, trucking firms, truck stops, towing impound yards and related or similar uses would impact the neighborhood in a negative manner. Conditions to exclude such uses would be needed for the benefit of the surround neighborhood. Additionally buffering through landscaping, berms and or walls may be needed to provide the neighborhood with protection from possible noise and activity associated with use and development of the property. Restricting the location of parking and truck loading areas will also aid in minimizing the impacts of on -site traffic and noise on adjoining properties. (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 needed to prohibit the development of more intense commercial uses and ensure sufficient buffering is provided for the benefit of the neighborhood. Rezoning the property to C -3 with restrictions on the more intense C -3 uses would essentially cause the property to be zoned similar to C -1 with the addition of distribution facilities. The concomitant agreement should include the following: a. The main entrance of any building located on the site shall be oriented toward the west. b. No service doors or truck loading/ unloading areas shall be permitted on the eastern side of the building. Only man doors and required egress doors shall be permitted on the east side of the building. c. Automobile parking areas shall be limited to the south, north and west sides of any buildings. d. Buildings shall be setback at least 80 feet from the east property line. e. The existing fencing along the east property line shall be repaired and damaged screening slats shall be replaced. f. The existing berm along the eastern property line shall be extended southerly to a point 40 feet south of the north line of the building. The berm shall be no less than 4 feet 7 high. A like berm shall also extend southerly to the south property line along the east property line from a point 20 feet northerly of the south line of the building. g. A 15 foot landscaped buffer shall extend the full length of the east property line including the area where the berms are located. The buffer area shall include a mixture of shrubs and trees with at least 34 evergreen trees planted no more than 30 feet apart. h. Landscaping shall be located between any parking lot on the west side of any building and Highway 395. i. All areas of the site between any building and the landscaped buffer on the east property line and areas north of any building shall be graveled or otherwise treat to prevent blowing dust and the accumulation of weeds. j. The existing trees along the east property line must be cleaned by removing of all dead and scraggly material. k. Exterior lighting on the east side of buildings must be shielded so as to prevent light spillage beyond the east property line. 1. No signage shall be oriented toward the properties to the east. RECOMMENDATION MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the December 20, 2012 staff report. MOTION: I move, based on the Findings of Fact and Conclusions therefrom, the Planning Commission recommend the City Council approve the Rezone from BP (Business Park) and C -3 (General Business), with a concomitant agreement with conditions as enumerated in the December 20, 2012 staff report. LZ .L VI �• �e!l..,,rli 0 -w k . Ix U yN - avoa �i W� Xt L �L a !L Y, +k r a w 3AV UNZZ 3Af/ H- Z'_ mollL. aAV 8L9Z- - W ..< FM , a. A. � 0 tit a= rs > L 9AZ I � 3AV aa£ F Q ■� V; w V 0 0 J L�+ 3 3AV H14Z /W M y F LM N O 0 ^' w CL 0 3AV H19Z N oz aeoa �v y I lit J It O w �V J a 3/A I V/ os adoa ■ _ LL a a1 E J W y O 0 CT - in M y � MJ. N J ' N W CL a� 3AV HIR °o W - � ZZ m N N sz avoa CIO U u W C' a. N os_avoa r TOM co CV F N m V �� OC W g °a 3 °w J A/ M y � MJ. N J ' N W CL a� 3AV HIR °o W - � ZZ m N N sz avoa CIO U u W C' a. N os_avoa r TOM co CV F N m V �� OC '0 Imo► 4J Vf 44 O VO Vf A Cd 0 `I d .v � / /, \ \§� 2 / \ j I 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 thirtm-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. 7 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 R -1 (Low Density Residential). 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 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. CONCLUSIONS BASED ON 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? F1 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 of this 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? 9 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. The tower poses no true threat to public health and safety. 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 not exceed twenty (20) feet in height as measured from the base of the tower; 4) The cellular tower shall be painted a neutral color which blends well with the landscape such as grey, beige, sand, taupe or light brown; 5) The wireless communication antenna shall not be used for advertising or other non - communication purposes; 6) 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 for Findings of Fact: I move to adopt findings of fact and conclusions as contained in the December 20, 2012 staff report. 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B 0 F c� r, U NO W A 41 k O 0 bA a .H Im O O a ZJ OL p LLJ i_ a 1� M r I f r l B A 4J O w bA V •,..4 ►x O O a „ ,�� i mc-: q � „'.. i��f �,,,,�t, ,, d:.i” 'i ;. � t.. �. i ' i i �, � �- a �' I� `1; R t \' i 5 �: 'U i{ �I (`' I t I P t i/ ''AI `p- Y h Ci d 4J y 4J m O 0 W 0J .,.j rw O O PA REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2012 -024 APPLICANT: Lourdes Medical Center HEARING DATE: 11 / 15/12 520 N 411, Ave ACTION DATE: 12/20/12 Pasco WA BACKGROUND REQUEST: SPECIAL PERMIT: Location of a medical records storage building in an R -3 Zone. 1. PROPERTY DESCRIPTION: Legal: Lots 7 8a 8, BLK 1 of Sylvester Park Addition and the West 50' of the East 1/2 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 and its inclusion in the R -3 zone would be considered appropriate with a special permit. 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. Large public investments have been made for aesthetic improvements in the area, including the Volunteer park site, the new roundabout, and the restoration of the Franklin County Courthouse. 9. 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: 2 (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? 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? Large public investments have been made for aesthetic improvements in the area. 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? 3 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. 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. Design features shall at a minimum include the following, in order to achieve the above - stated objective: a. Minimum 4:12 roof pitch b. Minimum 2 -foot eaves. c. A minimum of 30% fenestration on the north fagade. d. A minimum 6' deep architectural bump -out or room extension feature on the north facade to minimize the "wall" effect in the front yard. e. A minimum of 3 architectural features on each fagade such as varying colors and materials, brick, architectural block, and /or stucco. 3. The site shall be developed and landscaped in the north, east, and west yard areas 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, 2014. RECOMMENDATION MOTION: I move to adopt findings of fact and conclusions therefrom as contained in the December 20, 2012 staff report. MOTION: I move based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Lourdes Medical Center for location of a medical records storage building on Lots 7 & 8, BLK 1 of Sylvester Park Addition and the West 50' of the East '/2 of Block "A" Gerry's Addition, located at 414 W Nixon Street, with conditions as listed in the December 20, 2012 staff report. bA R3 ct 4-4 • PEN •= PEO • Poo LU �r for is k IOL t'ic or or I A #A 41U z o >1— AMA • �/ um 2 LL, Y CIA W •� CL E o m v =v 4u—jow 0 N � A�'7p �cn CA y ° . . WC A CA � M o � � V I Fas NVId 311S VA Oosvd 3EMO1S 1S NOXIN IL r as3oano� do .coca ano NOIlonSISN00 210.1 ION q � 8 V) W H 33 Y i w 0 8 D VE c / YN. W C-t - un,oawmsomnuaw m+e mbe �w�m ao<woo.nu3m� +e. SNOIIVA313 ONI1 01f18 `'�1 r (( Q N 9 VM •WSW 39VN01S 15 NOXIN -- Ma N �, W Wam A I a i S -- --- - - - - -- - Noun81SN00 803 ION 4 V 4 6 a 1 � 6 � I O Z I I I _O H > W W S r O N =f Z 3 � o J W W J Z W W N 3 z w �Te At i% \ W4, � A-N - v � M6 lo-v obi 4 () 3 � • N Cq NOppT FOR CONSTRUCTION Oil 5 6 i/) OUR LADY OF LOURDES NIXON ST STORAGE ; A w jj a —• PASCO, WA g + SITE PLAN o e; • . _ F-- 2 � Y �fi .)t[��s Y _ "4 t ' L" '� . "� li.. � - 1' �. .N ._ .^ J w P r�' — 1 I . �-'- n a y (I s c ' - 1f ?i �� r. ✓/iY r r _ �x �.. x '1 1 e„ REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2012 -25 APPLICANT: Pasco Bible Missionary Church HEARING DATE: 11 -15 -12 527 W Bonneville St ACTION DATE: 12 -20 -12 Pasco, WA 99301 BACKGROUND REQUEST FOR SPECIAL PERMIT: Location of a Church in a C -1 District 1. 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 51h 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, 1 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. The main meeting area is approximately 171 /Z' X 41' or 717.5 square feet, with a calculated maximum occupancy of 47. 10. A maximum occupancy of 47 would require at least 12 parking spaces. 11. 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. R 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 3 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 (IBC) 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- 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. 4 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, with exception of those required for the IBC shall be completed by November 30, 2013; 8) This special permit shall be null and void if a City of Pasco Occupancy Registration is not obtained by November 30, 2013. MOTION for Findings of Fact: I move to adopt findings of fact and conclusions as contained in the December 20, 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 Pasco Bible Missionary Church for the location of a church at 527 W Bonneville Street with the conditions as contained in the December 20, 2012 staff report. 5 0 Poo R ir 14f W. wtv will VA Y, Ov IiA T D & 1 00 LU cn ct ct ry 0 Poo R ir 14f W. wtv will VA Y, Ov IiA I dO IL id t-Al T D & 1 00 LU cn I dO IL id t-Al 3RO PEE RS to V p•� ��NP�� r Ned ct o o i cru`cr . � ct N oN W CruCCr .� to ro�N LL LJL co 'A -i Cw ;\ CA- O � U CA LU ct sa� co \ / � CIO LLI w �N WD \ r ,.\ _Lj l /� _� ��� �1�� �1 ,�i �� , �� 1 s 1 �� vi 0 . . . . . . . . . . . . . . . b k J I y} Fes. nn.LW. �•A law. d ��riee 1, a { A ' A L, 9 P ��,i��.Y��Y �$ a , , s` � � 1I{/��ri! 1 � P ��,i��.Y��Y REPORT TO PLANNING COMMISSION MASTER FILE NO: SP2012 -026 APPLICANT: Hugo Lozano HEARING DATE: 11 / 15/12 622 W. Clark St. ACTION DATE: 12/20/12 Pasco, WA 99301 BACKGROUND REQUEST FOR SPECIAL PERMIT: Location of a Church in an R -2 District 1. 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. 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 6th 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. 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). 2 4. The structure was constructed in the year 1912. 5. 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. 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. 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 0 parking lot must be removed prior to issuance of an Occupancy Registration; 4) The building, including entrances and restrooms, must be ADA 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 July 1, 2013. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions as contained in the December 20, 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 Hugo Lozano to operate a church at 622 W. Clark Street with the conditions as contained in the December 20, 2012 staff report. 5 �.a dip U ct Ct " a - l N � r •4 9 ^ ` y t� �. z N d o U 5 „p.� Res• � r O � x e O a Comp.. V Res• U N � bap U iz PIN Piz a z N � N � � A 5�4 VE M d N w 3wVIA PONA ..� O N N U a 41 074 ca �,: a ���� < a �' �1 i �y� ,;< , V� � � � � ' � 1 a ��,.. II,. i I .�'� ��- 4. i, . � t s. _, �. _ *' I -;�� z'. �� , ��'�'� -� x�,a r;, j mow' ` (' .. � ,, - + - .+_� ���M, ,� :� ,.�. s, i? l' .� � i .. ,...,,, � ��. cell I II, i W b.0 a opyq r1 O O a ,Q �1 NO 0 .,y rw O O P4 Ul s- IRRIC' �� � _y ��f ,I Y t. r, r fl 4 ._.... i � F'9r�f J I � !+: 41 v, O 41 �d T O NO a OV4 vm a lY, Tp � MEMORANDUM DATE: December 20, 2012 TO: Planning Commission FROM: Shane O'Neill, Planner I SUBJECT: Revisions to PMC Title 25 (Zoning) (MF# CA2012 -006) 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. MOTION: I move the Planning Commission recommend the City Council adopt the proposed Code Amendments modifying PMC Title 25 as indicated in the staff memorandum dated December 20, 2012 (Master File# CA2012 -006). PERFUNCTORY REVISIONS PMC Citation Revision Explanation To provide adequate open space for light and air, to prevent Grammatical 25.04.020(2) overcrowding of the land, and to lessen reduce congestion on the correction streets. 25.08.020 CONFLICTING PROVISIONS. Where this Title imposes a greater Grammatical restriction upon land, buildings, or structures than is imposed or correction required by other rules, regulations, standards, policies, ordinances, contracts, covenants public or private, deeds, or statutes lawfully adopted by the City of Pasco, the provisions of this Title shall govern and take precedent. In the case of conflicts between the text, maps and tables of the this Title, the text shall govern unless otherwise stated. 25.12.055 AMUSEMENT GAME DEVICE. "Amusement game device" means a Update definition to (Definitions) machine or other device, whether mechanical, electrical, or electronic, to be operated by the public for the purpose of entertainment, match current technology amusement or as a game, the object of which is to score high or low by comparison to the score of other players, playing concurrently or not, or to demonstrate skill or competence against an opponent, whether the opponent is the device or another person. It shall include such devices as pool tables, billiard tables, pinball machines, and aeviees whi > a videeabe arcade video games and similar devices which use television screens or monitors to reproduce symbolic figures and lines intended to be representative of real games or activities. 25.12.130 BUILDING HEIGHT. 'Building height' means then �'� Definition revision to (Definitions) fFe the , c«;swe» ermee dati match IBC i e s - »» e above a re =a o the highest f .. flat er t,, the .1,. 1 line F f the point o e o ..b.. .. i.,e...... ... ...... .eii.:b . ,....... rvva vas. reef to the height �he highest ffiansar-4 reef ar avefage of gable of a pite The F , hipped dwt'; be by or reef-. ref ren ee .. shall seleetea, ce•tn, either ,. enter- height F l,.aldingi /1\ F 1. .1 ,.f toe highest The ele Kati m adjoining side:.a4k ....,.F ee a five feet he ize«tal disc f the ground within nee o .,.». ».... ...».... » ............ ..v...,vauua �aaoccsaavv of the ..dl the l,..ildi...g finished of whe„ saeh sidewalk or ground siirfaee «. net . ,.« . «e tl. ter- feet above lowest finished ,.rade. V An ten feet highef thae the lowest finished (2) elevation gf- the highest ee de„er-:t, ,1 in hem finished when sidewalk or ground suFf 1 el in ...ere than ter- feet lowest finished evade oyi-, above The vertical distance from grade plane to the average height of the highest roof surface. Said grade plane represents the average finished ground level adioining 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 buildin . 25.12.150 COMMUNICATION TOWER. "Communication tower" a free- Grammatical (Definitions) standing or building mounted structure, including appurtenances and antenna intended for airway communication purposes, such as a television antenna or HAM radio tower. This definition does not include Wireless Communications Towers defined in under Section 25.12.485. 25.12.151 COMMUNITY SERVICE HOUSING. Community Service Housing Relocated from (Definitions) means a facility that principally offers or provides subsidized housing 25.12.457 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. 25.12.158 DANCE HALL. "Dance hall" means an enclosed space where Public A definition of "dance dances are held and where alcohol and /or food ma be sold. (Definitions) hall' is needed. 25.12.160 DAY CARE CENTER, FAMILY HOME NURSERY (Definitions) SCHOOL, FAMILY HOME DAY CARE, PRESCHOOL. "Day eare s for ehildren er L 7 for- ineliadi pregfa adults, a , hiid eeepefafi,ve nursery seheels for— ,playgreups preseheel ehildren-, e nb n #er L' L -e o for- seLeel seheal ehild r and prograyfis lien . 'a , L a Yba zed learning and e provide a f si establ:ah.nents are licensed by the state ,.1 J and eeiidtieted with state _ve.,:_emeata For the purpose of this Title, the following definitions shall also 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 custodial care to children, for periods of less than twenty - four hours, who do not reside within the residence of the person providing the care. Rabya:tt:ng eare is net n rill Y 'a a To be consistent with (2) Home base; day Bare: Family Home Day Care: Means the State a home licensed by the Department of Social and Health Services and in which direct care, supervision and learning opportunities u care is are regularly provided for not more than twelve (12) children or adults or for periods of less than 24 hours. Home bused day eafe is in its Replaced in State law allowed W V battles of ze ni nb elassifieae T, (3) Tn: day enter: Meaner «lave ether than tL_ eare a Leme of the,.. .:.le,- which ,:,lea« ,l' i F gala eaf t.,ttt...,tttt.,Yr ........ .......i.rv.�vva twelve ehildren a adiilts f less L 74 L r periods of (4) Day -care center: Means a place which provides regular eustedial scheduled care for twelve er more than twelve children or To match the practice adults, for periods of less than twenty -four hours. of family home (5) Family Home Preschool/Nursery Schools: Means a daycare home of place that provides regular custodial care and/or organized 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 early_ learning opportunities for twelve or fewer children in their family home living quarters for periods of less than twent -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 primary 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 (Definitions) lynx and bobcats), wolves, bears, apes, monkeys and raccoons dangerous reptiles such as alligators, poisonous reptiles, or similar wild and exotic animals. 25.12.190(2) FACTORY ASSEMBLED HOME. A factory assembled home is Update needed by (Definitions) 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 uai€afm 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 (Definitions) 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 bleed, maniage, or adopfie�, or five Fir less A ns' f uiffelated e �ar-& sixteen r e a:n4:.ag.ai..hed F«,..... .. n.„ ie n f n:l:sJ, 1 1, dg i as fflq , group e ) b a f bearding heme 25.12.200 GARAGE, RESIDENTIAL. 'Residential garage" means a structure on Provides more criteria (Definitions) 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 space appurtenances set up for habitation to improve detached u oses. garages/shops 25.12.220 HOME OCCUPATION. "Home occupation" means a profession, (Definitions) 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 dwelling 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 (Definitions) minimum frontage requirements and where access to the public read right -of -way is by a narrow private meter driveway. Flag lot also means a recessed interior lot with an extended driveway. 25.12.310 MINI- STORAGE FACILITY. "Mini- storage facility" means a Clarification (Definitions) 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 « 1° family .1...,.11:« °, To match the State (Definitions) � ) « 1 a .141,.,1-. feet definition _11 ...... ..... ......, ..,..� .,.....,.e ..4 C 1...:,.,.4:,.« ,1 designed for 4«n «n«ei4a fien 44dtl. &ft ff , .,.b....,. ...,,.....t.............., ,.. wi .,.. ..vuu a�crcoco —¢xacc highways its designed to be dwelling en own wheels, and used as a the Depaftmeftt Labor of n « eonst-Fu.4 °a before 1..«° 15 .1 1976 a factory-built dwelling built prior to June 15, 1976, to standards other than the United States Doa tment 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. 25.12.320 MOTOR HOME. "Motor home" means a :'ehie;;laf t•, —remit Refine definition (Definitions) 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 (Definitions) 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 ross recei ts. 25.12.330 NON - CONFORMING USE. "Non - conforming use" means a use of Simple correction (Definitions) land existing at the time of the enactment of this Title and which does not conform to the regulations of the district er zexe in which it is situated. 25.12.345 OPEN SPACES. "Open spaces" means an unoccupied space open to Clarification (Definitions) the sky on the same lot with a building. 25.12.355 PARCEL. See definition of a "lot' under 25.12.235. Clarification (Definitions) 2 c, 3 8 �o o rTTT n TT rr OR SAI+IITEPcli3A�4. Sanitari�i�r Not needed oxxx.xxxxxavx.4 (Definitions) r� ,a4e i., l r _e_ a fer meaas a pit„ whet,._.. -- not _ _h _ilities are a�- 25.12.397 SHOP. A "shop" means a residential garage as defined under Makes shops and 25.12.200 (Definitions) detached garages synonymous '".'gin STABLE, PRIVATE. " Not needed (Definitions) horses kept er d or hi- whieh a e priva4e use a not sale: 25.'r� -- 12.420 STABLE, PUBLIC "Public Stable" building her- Not needed rneans --a -ii x (Definitions) are kept for re.. une_.,tio hir r sale 25.12.430 STORAGE, CONTAINER. "Container storage" means a unit Refine definition (Definitions) 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.'457 COMMUNITY SERVICE HOUSING Community Service Housing Relocated to (Definitions) 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 (Definitions) mechanical devices designed for movement by means of wheels, skids or runners of any kind, and specifically including all such automobiles, buses, trucks, cars, vans, and motor homes even though they may be at any time immobilized in any way for any period of time for whatever duration; and also including boats, trailers, and such recreational vehicles as defined herein. 25.12.480 WINERY (COMMERCIAL). "Commercial winery" means a facility Refine definition (Definitions) designed for crushing, pressing, fermenting, bottling and cellaring wine for retail and wholesale purposes. ^ e.,.. mefeia'l .roof moo, less than 50,000 eases of %4ne a yew-. 25.12.490 YARD, FRONT. "Front yard" means an open and unoccupied space, Refine definition (Definitions) , extending the full width of the lot between any building and any street right -of -way adjacent the lot. The front yard shall be determined by measuring perpendicular from the street ri ht -of -way to the closest point of the building. 25.12.495 "REAR YARD" means an open and unoccupied space, exeept —as Refine definition (Definitions) provided herein, 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 arallel 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 -1 -A2 District Low - Density Residential Alternative District R -2 District Medium - Density Residential District R -3 District Medium- Density Residential District R -4 District High- Density Residential District RP District Residential Park District O District Office District C -1 District Retail Business District C -2 District Central Business District C -2 Overlay District Central Business Overlay District C -3 District General Business District C -R District Regional Commercial District BP District Business Park District I -182 Overlay District I -182 Corridor Overlay District I -1 District Light Industrial District I -2 District Medium Industrial District I -3 District Heavy Industrial District 25.22.030(3) Storage buildings cumulatively not exceeding 480 square feet of gross Refining language to (RS -20 zone) 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, jexcept Punctuation (RS -20 zone) 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); 25.22.030(5) (5) One animal unit (as defined in Section 25.12.065) shall be allowed (RS -20 zone) 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 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 (RS -12 zone) 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 (RS -12 zone) 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 s uare feet seta side aside for the dwelling on the parcel); 25.24.030(5) (5) One animal unit (as defined in Section 25.12.065) shall be allowed Clarification (RS -12 zone) 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 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 abuttin g 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) W Upholsterhops. Relocation (see below) (C -1 zone 25.42.020(12) Upholstery shops. relocation (C -1 zone) 25.44.030 25.44.030 PERMITTED ACCESSORY USES. The following Correction (C -2 zone) accessory uses and buildings, as respectively defined in Sections 1220 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 (Home transferred to a different location without first obtaining a new home Occupations) occupation license authorizing its conduct at the proposed location. 25.70.160(3) Landscape and Buffering. In addition to the landscape provisions of Grammatical (Use Chapter 25.75, the Planning Commission may require additional Regulations) landscape features to iasiafe 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 (Site Design) structure, satellite dish, stationary play equipment or elves clothesline shall be hereafter erected, altered, or placed so that any portion thereof shall be nearer to the front property line than the SUBSTANTIVE REVISIONS PMC Citation distance indicated by the depth of the required front yard, except: Explanation 25.78.170(6) Restaurants - One space for each one hundred square feet of floor area Clarification (Off - Street permitted as accessory in the R -T district: Parking) (1) Accessory dwellings; SUBSTANTIVE REVISIONS PMC Citation Revision Explanation 25.20.030 PERMITTED ACCESSORY USES.. The following uses shall be (RT zone) 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 (RS -20 zone) permitted as accessory to a permitted use in the R -S -20 suburban 10 district: (1) Detached residential garages as defined in Section 25.12.200, provided they do not exceed the height of 18 feet and are no larger than 1,200 square feet in area; (2) Home occupations as defined in Section 25.12.220; (3) Storage buildings not exceeding 480 square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted. For each additional 20,000 square feet of lot area, the gross floor area of storage sheds can be increased by 400 square feet; (4) Agricultural uses (limited), as defined in Section 25.12.040, except that the keeping of animals shall be permitted on parcels consisting of ten thousand (10,000) square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel; (5) One animal unit (as defined in Section 25.12.065) shall be allowed for each full ten thousand square foot increment of land over 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 Chapter To clarify practice and 25.66; and to create consistency (10) (9) For lots with a minimum of 5,000 square feet but less than with other residential 22,000 square feet and containing only one single - family dwelling districts unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number of animals does not exceed three dogs, and /or three cats, and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. 25.22.040(5) CONDITIONAL USES. In addition to the unclassified uses listed in (RS -20 zone) 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; 10 11 (5) Private . ,. «J «� ....i eh ild da. a sehe°, ool f o an o Y ehild day °°«° °e°t °« Day care centers and preschool centers; (6) Agricultural use (commercial); and, For clarification (7) Buildings in conjunction with an agricultural use (limited), purposes provided the parcel contains at least 5 acres and the building will not be used for the conduct or support of any business activity 8 Unclassified uses as listed in Section 25.86.020 25.22.050 (4) Minimum Yard Setbacks; Increase the minimum (RS -20 zone) (a) Front: Twenty -five (25) feet. rear setback for (b) Side: Ten (10) feet. accessory structures in (c) Rear: Principal Building: Twenty -five (25) feet. the RS -20 zone from Accessory structures. Accessory structures adjacent an alley may be five (5) feet to ten (10) placed on the alley line provided there are no openings in the wall feet. parallel to the alley. Garages with vehicle doors parallel to an alley shall be setback from the alley twenty (20) feet. Where there is no alley, the setback shall be five-(-S) ten 10 feet. 25.24.030 PERMITTED ACCESSORY USES. The following uses shall be (RS -12 zone) 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 11 12 existing and as amended and Chapter 25.66; -and (8) Accessory dwellings; To clarify practice and (9) For lots with a minimum of 5,000 square feet but less than 22,000 to create consistency square feet and containing only one single - family dwelling unit, the with other residential keeping of dogs, cats, rabbits, and chicken hens, provided such number districts of animals does not exceed three dogs, and /or three cats, and /or three rabbits and /or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed and (10) Family home preschool in conformance with PMC Chapter 25.66. 25.24.040 CONDITIONAL USES. In addition to the unclassified uses listed in For clarification (RS -12 zone) 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; Any (5) Private n ffse day d / ....... .,:J ..y.,y i....�....vvy seheal preschool, ehil.A. iRini ear- vcav� cma ehilA day ea, -e eent,.~ Day care centers and preschool centers: aad (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 (8) Unclassified uses as listed in Section 25.86.020 25.26.030 PERMITTED ACCESSORY USES. The following uses shall be (RS -I zone) 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, 12 13 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 practice and (9) Family home preschool in conformance with PMC Chanter 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 (RS -1 zone) Chapter 25.86, the following uses may be permitted by special permit purposes as provided in Chapter 25.86: (1) Churches and similar places of worship; (2) Public libraries, and municipal office buildings; (3) Public and private schools, public parks and playgrounds; (4) Fire department station houses; (5) Private n.....,.... sehe l ..,.s..1 ' day d / ...._... ... �' ..,, Y ............... ool child mifti cur ehila day ear° eenter Day care centers and preschool centers; and (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 (R -1 zone) 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 13 14 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, To clarify practice and and chicken hens, provided such number of animals does not exceed to create consistency three dogs, and/or three cats, and /or three rabbits and /or three chicken with other residential hens, the total number of animals not to exceed six; in all cases, districts animals shall not be allowed to roam or fly to other properties; roosters are not allowed-.Land (8) Family home preschool in conformance with PMC Chapter 25.66. 25.28.040 CONDITIONAL USES. In addition to the unclassified uses listed in For clarification Chapter 25.86, the following uses may be permitted by special permit purposes as provided in Chapter 25.86: (1) Churches and similar places of worship; (2) Public libraries, and municipal office buildings; (3) Public and private schools, public parks and playgrounds; (4) Fire department station houses; and (5) ehil , day , afe , ent Day care centers and preschool centers; and 6 Unclassified uses as listed in Section 25.86.020 25.30.030 PERMITTED ACCESSORY USES. The following uses shall be (R-1 -A zone) permitted as accessory to a permitted use in the R -1 -A District; (1) Detached residential garages, as defined in Section 25.12.200, provided they do not exceed fifteen feet in height and 1,000 square feet in area; (2) Home occupations, as defined in Section 25.12.220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as define in Section 25.12.430, shall be permitted; (4) The renting of rooms for lodging purposes only; provided, however, such accommodations shall not exceed two persons in a single - family dwelling. One off - street parking space, per roomer, must be provided in addition to the requirement set forth under Section 25.78.170(5); (5) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats; (6) Family day care homes in conformance with WAC 388 -73 as now existing and as amended and Chapter 25.66; and (7) Accessory dwellings:; (8) On lots with a minimum of 5,000 square feet and containing 14 15 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 To clarify practice and cases, animals shall not be allowed to roam or fly to other properties; to create consistency 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 (R -1 -A zone) 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; eta (5) watt ,.y ,.1 ..1 day child eal ool , r Y~ child day cafe Bent ~ 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 (R -1 -A2 zone) 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 15 16 25.66. districts 25.32.040 CONDITIONAL USES. In addition to the unclassified uses listed in (R -1 -A2 zone) 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) Private mirse•y seheal l day For clarification preseh ehild mini eare affd ehild da y , a fe ,.ente_ Day care centers and preschool centers; and (6) Unclassified uses as listed in Section 25.86.020 25.34.030 PERMITTED ACCESSORY USES. The following uses shall be (R -2 zone) 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 clarify practice and 25.66 to create consistency (47)_(81 Accessory dwellings in single family homes; and with other residential (8) (99) 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 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;, 25.34.040 CONDITIONAL USES. In addition to the unclassified uses listed in For clarification (R -2 zone) 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; 16 17 (3) Public and private schools, public parks and playgrounds; (4) Fire department station houses; and (5) ,.wild day eare 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 (R -2 zone) thousand (5,000) square feet; and avoid problems (2) One single family dwelling shall be permitted per lot. Multiple with utilities and other dwellings shall be permitted based on the density standards in Section municipal services 25.34.050(3); (�) (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. (6) (77) Fences and hedges: See Chapter 25.75; (7) (8) Parking: See Chapter 25.78; (8) (9) Landscaping: See Chapter 25.75; and (9) (10) Residential Design Standards: See Chapter 25.70.085. 25.36.030 PERMITTED ACCESSORY USES. The following uses shall be (R -3 zone) 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 W3 dwelling. One off - street parking space per roomer must be provided in- addition to the requirement set forth under Section 25.78.170(5); and Family home preschool in conformance with PMC Chapter To clarify practice and 25.66• to create consistency (7)(8) Accessory dwellings in single family homes; with other residential (9) 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 prop erties; roosters are not allowed; 25.36.040 (1) Churches and similar places of worship; For clarification (R -3 zone) (2) Public libraries, and municipal office buildings; (3) Public and private schools, public parks and playgrounds; (4) Fire department station houses; and (5) Pfiva4e day vat scheel, preseheel, ehild mini eare, an ,Mild day ,,.._e „ento_ Day care centers and preschool centers: and fo Unclassified uses as listed in Section 25.86.020 25.36.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: Five (R -3 zone) thousand (5,000) square feet; To make practice clear (2) One single family dwelling shall be permitted per lot. Multiple and avoid problems dwellings shall be permitted based on the density standards in Section with utilities and other 25.36.050(3); municipal services (2)Q 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-U4 Maximum Lot Coverage: Sixty (60) percent; (4)U 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)ffi 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)M Parking: See Chapter 25.78; and (8)(9) Landscaping: See Chapter 25.75; (-(10) Residential Design Standards: See Chapter 25.70.085. W3 25.38.030 PERMITTED ACCESSORY USES. The following u ses shall be (R -4 zone) 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 Family home preschool in conformance with PMC Chapter - -- To clarify practice 25.66; and to create (7) Accessory dwellings in single family homes, and consistency with other (84 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 properti es; roosters are not allowed. 25.38.040 CONDITIONAL USES. In addition to the unclassified uses listed in For clarification (R -4 zone) 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; aad (5) nursery se-hael, a, a _ .iN,at , preseheel, eMI4 mini eare, ehila day ea-° ,.elite.. 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 (R -4 zone) thousand (5,000) square feet; and avoid problems (2) One single family dwelling shall be permitted per lot Multiple with utilities and other dwellings shall be permitted based on the density standards in Section municipal services 25.38.050(3); (2)M 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; 44L41 Lot Coverage: Sixty (60 percent; 19 20 (4)(55) 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. (46)0 Fences and hedges: See Chapter 25.75; (7)(K Parking: See Chapter 25.78; and (8)M Landscaping: See Chapter 25.75; (9) HOJ Residential Design Standards: See Chapter 25.70.085. 25.41.040 CONDITIONAL USES. The following uses are permitted subject to (Office zone) the approval of special permit as provided in Chapter 25.80: (1) Police and fire stations; (2) Churches and similar places of worship; (3) Private nursery seh°°, °° °' as day ' For clarification and consistency eseh, o J , > pY eMid day eare °enter Day care centers and preschool centers; -and (4) Dwelling units provided the units are within the principal building, are all above the ground floor of said building, and the ground floor of said building is designed or intended to be used for a principally permitted use-.Land 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 Office zone ( ) in which case 25.74.030 shall --°°°4' �� 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 (Office zone) which case 25.74.030 shall prevail 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)(c) (c) Rear: None required, except where adjoining a residential district in (Office zone) which case 25.74.030 °h^" pr avail 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 (C -1 zone) district: (1) All uses permitted in the O Office district: To explicitly state that (1-)Q Auto Detail Shops; office uses are allowed (2)�D Banks; in the C -1 zone. (�� Dancing schools; (4)f 51 Hotels and motels; (3) 6 Printing shops; 20 21 (emu Restaurants; (7 (M Stores and shops for the conduct of retail business; (8)L91 Stores and shops for repair and similar services such as: (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)All 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)f10J Sign shops, commercial (no outdoor storage of materials); (1&} 11 Theaters; (x}(12) Veterinarian clinics for household pets (no boarding or outdoor treatment facilities); (4-2j 1L33) Upholstery shops; and (L 14 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 loitering. 25,42.040(o PERMITTED CONDITIONAL USES. The following uses are To address residential (C -1 zone) 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 21 22 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 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-.Land 6 Dance halls and nightclubs. 25.44.050(8) Card rooms, bingo parlors, dance halls, nightclubs and similar places; For clarification (C -2 zone) 25.44.0400 (2) Unclassified uses per Section 25.86.020 Clarification (C -2 zone) 25.44.060(3)(a) (a) Front: None required except where adjoining a residential district in To simplify the (C -2 zone) which case 25.74.030 shall pivvai 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 (C -2 zone) which case 25.74.030 shall Pte: there shall be provided a setback requirement equal in width or d th to that required in the residential district. To simplify the 25.44.060(3)(c) (c) Rear: None required except where adjoining a residential district in (C -2 zone) which case 25.74.030 °'�°'� ll prevail. there shall be provided a setback requirement equal in width or de th to that required in the residential district. Clarification 25.46.020(l) PERMITTED USES. The following uses shall be permitted in the C -3 (C -3 zone) district: (1) All uses permitted in the C -1/ C -2 districts;; (2) Service stations; (3) Laundry; (4) Express effiee 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. 22 25.46.040(5) PERMITTED CONDITIONAL USES. The following uses may be Clarification in the (C -3 zone) permitted in the C -3 district upon approval of a special permit as permitted conditional provided for in Chapter 25.86: uses section (1) Veterinarian clinics for livestock, including outdoor treatment facilities, provided all boarding or overnight holding of animals occurs indoors; (2) Auto body shops; and (3) Parking lots. (4) Contractor's plant or storage yard within 300 feet of a residential district. (5) Unclassified uses 25.46.050(3)(a) (a) None required except by 25.75 and 25.78 and except where To simplify the (C -3 zone adjoining a residential district in which case requirement development there shall be provided a setback equal in width or depth to that required in the residential district. standards) 25.48.050(3)(b) (b) Side: None required except where adjoining a residential district in To simplify the (CR zone dev. which case 25.74.030 shall prevail. there shall be provided a setback requirement standards) 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 (CR zone dev. which case 25.74.030 shale there shall be provided a setback requirement standards) equal in width or depth to that required in the adjacent residential district. 25.50.040(3) CONDITIONAL USES. The following uses are permitted subject to (BP zone) the approval of a special permit: (1) Business, professional, technical and trade schools; and (2) Recreational areas and facilities. (3) Unclassified uses Clarification 25.52.020 PERMITTED USES. Uses permitted in the I -1 district shall be: (I -1 zone) (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; acucaocr (5) Eleetrieal e `e ater - sane-; Power plants are a (6) Laboratories, experimental; Heavy Industrial (I -3) (7) Automotive assembly and repair; Use. (8) Kennels; (8)0 Creamery, bottling, ice manufacture and cold storage plant; (9)(UO Blacksmith, welding or other metal shops, excluding punch To match past/current presses over twenty tons rated capacity, drop hammers, and the like; practices (" 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; " UQ Printing plant; and (4-2) 13 ) Parking lots within 500 feet of a C -2 district boundary, rovided such lots are paved and the development complies with the 23 24 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 (Home premises while the profession, trade, skill or service is performed shall tutoring as a home Occupations) be allowed, except for private tutoring or instruction for 3 or fewer occupation students per 24 -hour period; 25.66.060 (Home Any An appeal of the City Planner's decision to deny a home occupation sha" be file's in a Seetiaii 25 OA nnn a Correction with Occupations) 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 (Density means whereby an increase in the number of dwelling units may be the R -4 District would Increase) 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 developments that achieve a more efficient site plan, result in a physical development which blends more favorably or harmoniously parking requirements. 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 Density increases for (Density the R -2, R -3 and R 4 residential districts may be reduced in accordance the R -4 District would Increase) with the provisions of this Chapter. The maximum available reduction promote overcrowding is as follows: and may not be (1) R -2 District: May be reduced a maximum of one thousand four feasible considering hundred square feet, from five thousand square feet per dwelling unit height restrictions and to three thousand six hundred square feet per dwelling unit; parking requirements. (2) R -3 District: May be reduced a maximum of one thousand The current R -4 square feet, from 3,000 square feet per dwelling unit to 2,000 square standards have a built - feet per dwelling unit. ; and in density increase in (3) R 4 Distriet: May be ° ---aximi-°- five hundred that the R -4 density reduced of s .e e r .. ffem , e thousand a..e feet dwelling ..«:++_ was increased slightly sqiiare pee- ene :h _.,; nd _f,_ve`h,_,ndred _,quafefee' when the R -5 District was eliminated may ears ago. 25.70.020 PER-MITTED LAND USES Table 79 1 "Permitted La-itd Uses" Table originally is inee - ...era4ed this ,eetie„ :de is established in 1999 is as 13aA of as a ref e«,... g and inseAed Fit the And Rf this rahapter. The land listed ift Table 70 1 no longer used ases are , 24 25 designated as by permitted right (P), aesessony (A) or- requiring--ft 25.70.060 CARETAKER'S RESIDENCE. In the commercial and industrial Additional criteria to (Use districts, a caretaker's residence may be permitted by special permit as clarify the intent of a Regulations) an accessory use, provided the following circumstances are demonstrated by the applicant: caretaker's residence is for security in (1) The caretaker's residence is solely intended to provide security for remote and the established principal permitted use of the property; unpopulated areas of (2) The caretaker's residence is not within a substantially developed the City residential or commercial 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 The structure will conform to other applicable codes and regulations for residential structures. A special permit granted for a caretaker's residence may be reviewed annually upon written request of owners of property within three hundred feet of such residence or upon written request of the city building official. In the absence of written request for review, the special permit shall automatically be extended for one year. 25.70.085 RESIDENTIAL DESIGN STANDARDS. Offering the special (Use (1) DESIGN STANDARDS. Except for multi - family structures the permit process to Regulations) following design standards shall apply to all newly constructed or request exceptions to newly placed dwellings in RT, R -S -20, R -S -12, R -S -1, R -1, R -2, R -3 residential design and the R -4 Districts: standards kal The main entry doors of all dwellings must face the 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; Lej All entry porches /landing areas must be constructed as an integral part of the dwelling architecture; 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; (c) 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; 25 M (g,) No false or artificial dormers are permitted; 1()i 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; W 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; (1) All siding must extend below the top of the foundation 1 % 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; ((nJ All electric meters must be securely attached to an exterior side wall of the dwelling. Meters are not permitted to face the street upon which the dwelling is addressed; (o) 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; Lo 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. (Use Mineral extraction, quarrying, rock crushing or related activities such Regulations) as a eh plan 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. M 27 (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 To provide the and stockpiles shall be removed or back -filled into the pit within one community with year after such completion. When production shall have been additional options completed, then the owner shall take such measures to rehabilitate the when dealing with area as deemed reasonable by the city engineer and or as required in mineral resource uses the special permit. A reclamation bond or surety be required. (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 25.74.020 SITE DESIGN REQUIREMENTS AND STANDADTIC Tables 7A 1 Table originally (Site Design Standards) and 74 2, "Site ", established in 1999 is no longer used . aFt of this Chaps.... ,.,.nee is inseAed , as ref guides and at end -of this These — hereby ehagter. requirements are — established RII 25.74.040 BUILDING HEIGHT£ EXCEPTIONS. The building heights Referenced tables Site Design ( gn estrietion ..hall be the height f � Table 7A , d 74 1 L L create confusion s set Fth Standards) r hewing eeia,, :tions in the n 3 zone: because they are not (1) Exceptions to Height Regulations. Chimneys, water tanks, updated nor are they penthouses, towers, scenery lofts, elevators, bulkheads, stacks, included in the current ornamental casting towers, monuments, steeples, cupolas, domes, false version of Title 25 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 (Landscaping (3) Commercial and Industrial Districts. and Screening) (A) The first 10 feet of all commercial and industrial property abutting an arterial street and the first 5 feet of all commercial and Correction industrial property abutting a local access street shall be treated with landscaping at the time the property is developed. No less than 65 percent of the landscaped area must be treated with live vegetation at the time of planting (B) (A) 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 following staedardsi (1) Live vegetation within the landscape buffer shall be planted 27 28 with a mix of evergreen and deciduous trees and shrubs interspersed throughout the landscape buffer; (2) The live vegetation shall consist of 40 percent evergreen trees. (3) Trees shall be provided at a minimum rate of one tree for every 20 linear feet of property line and spaced no more than 30 feet on center spacing along each property line, unless planted in groupings of 3 trees, with groupings spaced no more than 50 feet on center along each property line; (4) Shrubs shall be provided at a minimum rate of 1 per 8 linear feet of property line and spaced no more than 16 feet apart on center; (5) Parking lots located adjacent to properties in less intense zoning districts require 100 percent of the landscape buffer to be planted with live vegetation. 25.75.070 (1) The width of parking lot buffers shall be dependent open n o To clarify landscaping (Landscaping f the ..t«. a � _L _f leeafie^ let in relafie , to the building requirements e paFlEing g ffi.A r a and Screening) way-as follows: (a) Parking lots between the building afld an adjacent to arterial streets shall have a minimum buffer of 10 feet between the parking lot and the property line. (b) Parking lots betwee i the '� '�° l 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 (Off - Street land within three hundred feet of each other may share the same establish shared Parking) 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 uses; a notarized and recorded parking agreement shall be required for shared parking between two or more separate tax parcels under separate ownership. Edgar Brown stadium 25.78.100 SPECIAL EVENT PARKING LOTS. (1) Special event parking lots (Off - Street used on an infrequent basis such as those associated with seasonal play parking lot is now Parking) fields and the Edgar Brown Stadiuffi 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 (Off - Street and provided for in accordance with the International Building Code as Parking) adopted RCW 19.27. and Chapter 51 10 WAG r Seetien 7509 28 25.86.010 (Special Permits) GENERAL PROVISIONS. Unclassified uses enumerated in Section 25.86.020, conditional uses listed within each district, and any other uses specifically referred to this chapter shall be subject to the regulations contained in this chapter, in addition to all applicable 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 adiacent 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. Clarification/ correction to reflect criteria required to grant a Special Permit 25.86.020 UNCLASSIFIED USES. The following uses shall be considered (Special unclassified: Permits) (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 narks, sports complexes, riding stables, and similar facilities for public, Clarification private or membership use; (7) Monasteries, convents or other functionally similar facilities; (8) Mines, quarries affd p,�s; (al) (8) Landfills, garbage dumps, and resource recovery facilities; (ft9) 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; (1(101 Electrical substations and load transfer stations, natural gas booster stations, and other similar utility facilities; (1-2)LUI 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 "t12 Agricultural use (commercial) except in areas 1,000 feet from a residential zoning district, subdivision or dwelling unit. 29 25.86.035 AGRICULTURAL USES. (1) Commercial agricultural uses listed as (Special conditional or unclassified uses in this Title shall conform to the Permits) 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 eves 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 (Special shall include the following: Permits) (1) Present use of the land and structures, if any; (2) Detailed description of the proposed use; (3) Description of any existing zoning ordinance violation; (4) A site map or plan drawn neatly and to scale, showing the following: (a) Exterior property lines and any adjacent public street or alley rights -of -way. (b) Existing and proposed buildings and other structures. (c) Existing and proposed points of ingress and egress, drives and driveways and circulation pattern. (d) The location of existing and proposed parking areas with each parking space shown. (e) Existing and proposed open spaces and landscape areas. (5) Cet4ifiew4e of ewnership and a list ,.c , _ with The property owner's notarized signature acknowledging the application For clarification and a,14 consistency with (6) Any other pertinent information that may be necessary practice to determine if the use meets the re uirements of this Title. 25.86.110 EXPIRATION. Unless otherwise specified within the special permit, To provide (Special the applicant shall commence the special use authorized or obtain a consistency with Permits) building permit for construction of authorized facilities within six practice of the ' pefmit 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 30 31 expiration, the applicant shall have removed from the premises the temporary use and any improvements of a temporary nature authorized by the ermit. 25.86.120 EXTENSIONS. A one tune extension of a special permit The Citv Clarification (Special Council may be granted a one -time extension without a public hearing Permits) provided the extension does not exceed six months and an application for extension is submitted to the City Planner no later than thirty days after np for to the expiration date of the special permit. This provision does not apply to temporary special permits. 25.88.020 INITIATION OF AMENDMENTS. For clarification and (Amendments (1) Zoning Map: consistency with and Rezoning) (a) Any person, firm, corporation, group of practice individuals, or municipal department may petition for a zone change with the following exceptions: (i) If the person, firm, corporation or group of individuals does not have legal ownership of the parcel of land under consideration for rezoning, the petition shall not be accepted. All petitions submitted must contain the notarized signature of the legal owner of the property. The legal owner is considered to be the owner of record. (2) Text: (c) Any resident or property owner within the Pasco Urban Area may petition the City Council for a text amendment. A Petition to amend the text does not obligate the City Council to follow through with the Petitioned amendment. 31 REPORT TO PLANNING COMMISSION MASTER FILE # SP2012 -027 APPLICANT: City of Pasco HEARING DATE: 12/20/2012 525 N. 3rd Avenue ACTION DATE: 12/20/2012 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of public utility infrastructure (pump station) in an RT (Residential Transition) zone 1. PROPERTY DESCRIPTION: Legal: Township 9 North, Range 29 East, Section 7, except that portion lying south of highway I -182 General Location: in the 1100 Block of Harris Road Property Size: Approximately 0.21 acres 2. ACCESS: The site has access from Harris Road. 3. UTILITIES: Municipal utilities do not currently serve the site. (A 20" water line runs through the site but is not available for use at the site because it is a dedicated line for the Broadmoor Blvd. tank.) 4. LAND USE AND ZONING: The site is zoned RT (Residential Transition) and is vacant. The zoning and land use of the surrounding properties are as follows: NORTH: RT — Vacant/ Gravel Mine SOUTH: RS -12 — Residential EAST: R -4 — Residential on the southeast side of I -182 WEST: RT — Commercial roof truss manufacturing 5. COMPREHENSIVE PLAN: The Comprehensive Plan 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. 1 ANALYSIS The City of Pasco Engineering Department has applied to locate a 600 square foot water booster pump station on a small, isolated piece of land bound by Harris Road to the north and I -182 to the south. The 0.2 acre site is a portion of a larger 560 acre parcel lying north of Harris Road; owned by Mr. Dale Adams. The complete project involves the construction of approximately 19,700 linear feet of domestic water and irrigation supply line within public utility easements and public rights -of -way; together with a packaged booster pump station including a pre- fabricated building for the city's irrigation system. The 600 square foot booster pump station is the permanent public utility infrastructure/ facility subject to special permit review. Only the booster station requires the special permit review, the underground piping does not. This project is part of a larger endeavor that involves construction of a water intake facility in the Columbia River and the ultimate reworking of the existing intake facility. The current intake facility will be re- plumbed to pump domestic water only and the new intake will be dedicated to irrigation Pasco Municipal Code 25.86.020(l 1) classifies the proposed utility infrastructure as an "Unclassified Use" requiring special permit approval prior to location anywhere in the city, regardless of zoning. In order to comfortably accommodate the timeframe needed for construction, the Engineering Department has requested and expedited special permit review process. This means that the purpose of the December Planning Commission meeting is twofold; staff requests the Planning Commission conduct the public hearing and deliberate in a single meeting. A complete set of motions is included at the end of this report. 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 RT (Residential Transition). 2. The site is located on Harris Road. 2 3. The site is a small portion of tax parcel (115210022). 4. Tax Parcel 115210022 is approximately 560 acres in area. 5. The proposed booster pump station is approximately 600 square feet in area. 6. The site proposed to contain the booster pump is approximately 0.21 acres is area. 7. Public utility infrastructure is considered an Unclassified Use and thereby requires special permit review [PMC 25.86.020(11)]. 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? Comprehensive Plan Goal requires the City provide adequate utility services to the urban growth area to assure that the anticipated 20- year growth is accommodated. Plan Policy UT -1 -A requires the City ensures that public water and sewer services are available concurrently with development in the urban growth area. Plan Policy UT -1 -C requires the City coordinate utility providers' functional plans and the City's land use and utility plans to ensure long term service availability. 2. Will the proposed use adversely affect public infrastructure? The proposal will enhance the function of public utility infrastructure by expanding the irrigation water service area. Harris Road is developed to a rural standard; a driveway approach with culvert will be installed to provide access to the facility. The site will be visited infrequently by city staff as the pumps will be remotely controlled. Nothing in the proposal indicated that existing public infrastructure will be adversely affected. 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 general vicinity is largely undeveloped; the site borders the city limits surrounding a county enclave commonly referred to as the "Harris Farm ". As well, the site is in a transitional location in terms 3 of Comprehensive Plan Land Use Designations. The site lies on a boundary between Commercial and Mixed Residential Land Use Designations. 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? Comprehensive Plan Policy UT -2 -13 requires the city to design utility substations consistent with adopted codes and standards to be compatible with aesthetic standards of affected neighborhoods. The booster station will promote and encourage development of surrounding vacant parcels by providing irrigation water. Given the required aesthetic improvements like trees and I -182 Corridor architectural design standards, the site together with the proposed booster pump facility will not likely deter future development in the immediate vicinity and will be integrated into the character of existing public utility infrastructure; specifically the water treatment facility on W. Court Street. A simple site plan is included in the set of maps attached herein, but building elevations have not been prepared as of yet. 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 prefabricated booster pump will be contained within a shell structure which will serve to muffle noise emitted from each pump. The facility will be powered by a direct electrical connection and will not contain power generators. As the facility will be controlled remotely, staff will visit the site infrequently; thereby reducing any potential disturbance to surrounding properties. 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 booster pump station 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. M TENTATIVE APPROVAL CONDITIONS 1. The Special Permit shall apply to Tax Parcel #115210022. 2. The site shall be developed in substantial conformity with the site plan submitted with the special permit application; 3. The booster pump station shall be designed to meet the I -182 Corridor architectural standards of PMC 25.58; 4. All exterior piping and conduit shall be painted to match the exterior finish of the pump house; 5. Eight (8) trees shall be planted along the Harris Road frontage meeting the standards contained in PMC 25.58 and 25.75. RECOMMENDATION MOTION: I move to close the hearing on the proposed booster pump station and initiate deliberations and schedule adoption of Findings of Fact, Conclusions and a recommendation to the City Council for the December 20, 2012 meeting. MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the December 20, 2012 staff report. MOTION: I move based on the Findings of Fact and Conclusions therefrom the Planning Commission recommend the City Council grant a Special Permit to the City of Pasco for the location of a booster pump station in the 110 Block of Harris Road (parcel #115-210-022) with conditions as listed in the December 20, 2012 staff report. E q —j ,.•.ems,.. f i�r a• '1 " —_ __. Ammo Ali- Y , m C/1 ,.•.ems,.. f i�r a• '1 " —_ __. Ammo Ali- Y , m ;ueacA Zi xJ �. C3 f� \ POEM CIA i N � 1l � ct U .. y TOOOI � � a w OOOOOOOOW .tea d7 x ti p � w n IT N ►� 0 C cV r � .. • r--� r-, � xo wo O � N 7/7 0 Poo N �' Ff A 41 $4 FFAjO� F M1J �rl O a .1 41 w td W bA a •,4 vw O O A �� � •, , �. :,.. ,; :�; �a °a , f ' 4 )j fY �� r r , n 4�pp !!r�s i NO C I ait s= p�yl, r� I 1� s 4 rc A8= •;q � I q t i I fI1r1 F Nf f� 1 I I i f i 1. 4 1 7' r r , n 4�pp !!r�s i NO C I ait s= p�yl, r� I 1� s 4 rc A8= •;q � I q t i MEMORANDUM DATE: December 11, 2012 TO: Pasco Planning Commission FROM: Rick White, Director Community & Economic Development SUBJECT: Council Resolution 3441 - Automobile Repair Operations One of the issues of City Council concern noted during Council's biennial retreat in 2012 was the outdoor occurrence of major auto repair and dismantling operations. These operations are often, but not always, located in former service stations that have been converted to full -time repair shops. Typically, the issues surrounding automobile repair operations include: • The use of the public right -of -way for parking and storing business related vehicles and equipment; • Depositing oil, grease and other automobile fluids on the public street; • Parts salvaging and storage of automobile hulks; • Outdoor dismantling and repair of vehicles; and • A scale of auto repair that is outside that allowed by the C -1 (Retail Business) Zoning District. Complicating the growth of the non - permitted repair operations is the fact that the general and site - specific regulations governing automobile repair have not been consistently enforced. We are now left with circumstances and situations where the repair operations occurring in violation of the Pasco Municipal Code are having an adverse effect on the health and safety of nearby businesses and residents and are presenting a negative perception of the City as a whole to the general public. When this occurs, private investment in commercial and industrial areas is often discouraged. Council Resolution 3441 tasks the Planning Commission to develop an action plan for a solution. As you can see from attached Resolution 3441, the action plan is to include a number of components that include inventories of the operations themselves and of existing codes; development of an approach and a timeline of voluntary compliance; options for enforcement should voluntary compliance not work and the possibility of code revisions to accommodate either "emergency" or minor auto repair operations in commercial zones. The resolution also includes a provision for encouraging comments from operators and land owners. To proceed, staff recommends the Planning Commission provide a general sense of direction for the following factors: • Should the "committee approach" for developing the action plan be used (an effort using industry representatives /interested citizens and two Planning Commissioners); • Should "minor" outdoor auto repair in C -1 zones be accommodated (current C -1 regulations prohibit all outdoor auto repair); • Should the prohibition of using the public right of way for repair /storage of vehicles remain (some cities allow "emergency repair" on rights of way for given amounts of time); and • Should a grace period for voluntary compliance with existing and possible new code provisions be provided. RESOLUTION NO. 3 W A RESOLUTION OF THE CITY OF PASCO DIRECTING THE PLANNING COMMISSION TO DEVELOP AN ACTION PLAN FOR RESOLVING ISSUES INVOLVING AUTOMOBILE REPAIR OPERATIONS AND VIOLATIONS OF THE PASCO MUNICIPAL CODE. WHEREAS, automobile repair operations are permitted in various degrees in the C-1 (Retail Business), C -3 (General Business) and Industrial Zoning Districts; and WHEREAS, the Pasco Municipal Code contains both zone - specific and general regulations governing the conduct of automobile repair that have been inconsistently enforced over the course of time; and WHEREAS, automobile repair in many locations and sites has evolved to include operations that are in conflict with applicable regulations of the Pasco Municipal Code including the use of the public right of way for storage and parking repair business vehicles, outdoor repair operations, outdoor dismantling of vehicles, parts salvaging and automobile hulk storage in public view and depositing oil, grease and similar substances on City Streets; and WHEREAS, such operations occurring in violation of the Pasco Municipal Code have an adverse effect on the health and safety of nearby businesses and residents, discourage private investment in commercial and industrial areas and present a negative perception of the City as a whole to the general public; and WHEREAS, resolution of the conflicts with the Pasco Municipal Code will involve a consistent and coordinated effort between the City and the owners and operators of automobile repair businesses; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Pasco Planning Commission is directed to develop an action plan that includes at least the following elements: • Inventory of outdoor repair /salvage locations including site specific violations of existing codes; • Inventory and review of existing codes for adequacy in addressing the issue and including possible recommendations for code revisions to accommodate emergency or light auto repair in commercial zones; • Development of an approach and timeline for voluntary compliance with applicable codes; • Options for enforcement; and • The provision for input and feedback from affected operators and landowners. Section 2. The action plan should be developed so that a report is available to City Council in April of 2013. Section 3. Effective Date. This Resolution shall be in full force and effect upon its passage and signature below. PASSED by the City Council of the City of Pasco this 5th day of November, 2012. Matt Watkins, Mayor ATTEST: De ra L. Clark, City Clerk APPROVED AS TO FORM: jv $},1396' s Leland B. Kerr, City Xttodi6y Auto Repair Resolution - 2 MEMORANDUM DATE: December 14, 2012 TO: Planning Commission FROM: Rick White, Director Community & Economic Development SUBJECT: Road 68 /Interstate -182 Concept Plan A concept land use plan is being prepared for the Department of Natural Resources (DNR) owned property just southwest of the Road 68 /Interstate -182 intersection. That property contains roughly 350 acres and is located squarely in the center of Pasco's urban growth area. The Department of Natural Resources is charged by the State of Washington with managing state -owned properties for the benefit of public schools. However, it is the City's belief that this can be accomplished by selling appropriate pieces of the property as their value within an urban setting has increased dramatically. The sale of DNR property at this location would allow them to purchase natural resource lands for permanent management and return of investments to the public school funds. A consultant has been on board since the first of December working on a concept plan for this area. Although the draft of that plan is not yet ready to be included as an attachment to this memo, staff will have the draft at the Planning Commission Meeting of December 20, 2012 to discuss in a workshop setting. The consultant was charged with developing a concept plan that is in conformance with our Comprehensive Plan, so there is no detailed decision making expected on the part of the Commission. However, staff would benefit from the Commission's review of the plan and the provision of comments as appropriate. Attachment: Vicinity Map r,�.i � ..ice � �1y� // I V�l is rxti °'I t 711 ES�4 UM . . . . . . . . . . . . . .