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
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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.
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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
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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
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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)
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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.
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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.
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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.
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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.
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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
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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.
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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).
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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
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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.
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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.
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 AT&T for the location of a cellular
antenna tower at 2600 North 20th Avenue with the conditions as
contained in the December 20, 2012 staff report.
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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.
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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.
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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.
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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.
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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
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