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HomeMy WebLinkAbout01-17-2013 Planning Commission Packet PLANNING COMMISSION - AGENDA REGULAR MEETING 7:00 P.M. January 17, 2013 I. CALL TO ORDER: II. ROLL CALL: Declaration of Quorum III. PLEDGE OF ALLEGIANCE: IV. APPROVAL OF MINUTES: December 20, 2012 V. OLD BUSINESS: VI. PUBLIC HEARINGS: A. Special Permit Location of a Childcare Facility in a C-1 District (Elodia Gutierrez) (MF# SP 2012-028) B. Rezone Rezone from C-1 (Retail Business) to R-3 .(Medium Density Residential) (Michael & Mindy Newton) (MF# Z 2012-005) VII. OTHER BUSINESS: VIII. WORKSHOP: A. Plan Automobile Repair in Commercial Zones IX. ADJOURNMENT: REGULAR MEETING December 20, 2012 PLANNING COMMISSION MEETING CALL TO ORDER: 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: 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. ADMINISTERING THE OATH: Chairman Cruz explained that state law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Chairman Cruz swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Greenaway moved, seconded by Commissioner Kempf, that the minutes dated November 15, 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) Chairman Cruz read the master file number and asked for comments from staff. -1- Dave McDonald, City Planner, discussed the rezone application from BP (Business Park) to C-3 (General Business) with the intent of allowing a distribution facility on the property with conditions. He explained that this application had previously been continued to allow the applicant, Bill Dolsen, to work with an architect to layout a building on the property. The applicant now has a plan that will work with the property and staff has created a number of conditions for the concomitant agreement that would allow the rezone process to move forward for City Council's consideration. Staff recommended the property be rezoned with the conditions listed in the attachment (revised motion) that was handed out to the Planning Commission prior to the meeting. The attachment was also provided to Mr. Dolsen. Mr. McDonald explained the additions related to the requirements for architectural features on the front of the building and clarification on landscaping. Mr. McDonald also pointed out that the conditions should also contain a limitation on uses such as heavy equipment sales and service, lumber yards and other uses in the C-3 zone of a non-retail nature. The agreement would be prepared to include the list of prohibited uses. The public hearing was opened to allow the applicant to make comment. With no public comments being provided the hearing was closed. Commissioner Anderson moved, seconded by Commissioner Khan, to adopt the findings of fact and conclusions therefrom as contained in the December 20, 2012 staff report. The motion passed unanimously. Commissioner Anderson moved, seconded by Commissioner Khan, 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 including a limitation on non-retail uses as discussed. The motion passed unanimously. Staff explained that if no appeal is filed on the Planning Commission recommendation that matter would be forwarded to the City Council on the first regular meeting in January. B. Special Permit Location of a cellular antenna (AT&T) (MF# SP 2012-023) Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, stated the "Determination of No Hazard Air Navigation" issued by the FAA as mentioned in the written report was handed out to the Commissioners on the bench prior to the meeting. There were no other changes to the report or application since the previous meeting. Commissioner Hilliard moved, seconded by Commissioner Greenaway, to adopt the findings of fact and conclusions as contained in the December 20, 2012 staff report. The motion passed unanimously. -2- Commissioner Hilliard 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 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. The motion passed unanimously. C. Special Permit Location of a records storage facility (Lourdes Hospital) (MF# SP 2012-024) 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 records storage facility. The conditions in the staff report have been enhanced to reflect the discussion at the last Planning Commission meeting. Those conditions were forwarded to the representative of Lourdes Hospital. Commissioner Hilliard asked the applicant if he was in agreement with the conditions and the applicant responded that he was. The applicant had a concern about windows related to the HIPPA Laws. Mr. White responded that the windows can be adjusted to comply with HIPAA laws. And in fact don't even have to be windows, rather a window substitute. Commissioner Khan moved, seconded by Commissioner Greenaway, to adopt the findings of fact and conclusions therefrom as contained in the December 20, 2012 staff report. The motion passed unanimously. Commissioner Khan moved, seconded by Commissioner Greenaway, 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 8v 8, BLK 1 of Sylvester Park Addition and the West 50; of the East 1/2 of Block "A" Gerry's Addition, located at 414 W. Nixon Street, with conditions as listed in the December 20, 2012 staff report. The motion passed unanimously. D. Special Permit Location of a church in a C-1 Zone (Pasco Bible Missionary Church) (MF# SP 2012-025) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community 8s Economic Development Director, discussed the special permit for the location of a church in a C-1 Zone. The conditions as contained in the staff report make a distinction between those requirements necessary to comply with the International Building Code (IBC) and those conditions necessary to comply with parking and other features. The building code compliance conditions need to be in place before the building is used as a church. The other conditions may be complied with by this time next year. -3- Chairman Cruz asked if the conditions had been discussed with the applicant and if they were in agreement. Mr. White answered that staff had discussed the conditions with the applicant. Commissioner Kempf moved, seconded by Commissioner Anderson, to adopt the findings of fact and conclusions as contained in the December 20, 2012 staff report. The motion passed unanimously. Commissioner Kempf moved, seconded by Commissioner Anderson, based on the findings of fact and conclusions that the Planning Commission recommend the City Council grant a special permit to 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. The motion passed unanimously. E. Special Permit Location of a church in an R-2 Zone (Hugo Lozano) (MF# SP 2012-026) Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, stated the staff report was revised since the previous meeting to reflect the Planning Commission's direction related to the compliance date. The applicant is agreeable to all of the conditions listed in the staff report. Commissioner Kempf moved, seconded by Commissioner Anderson, to adopt findings of fact and conclusions as contained in the December 20, 2012 staff report. The motion passed unanimously. Commissioner Kempf moved, seconded by Commissioner Hilliard, 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. The motion passed unanimously. F. Code Amendment Title 25 Revisions IMF# CA 2011-006) Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, explained the proposed code amendments to Title 25 have been reviewed by the Planning Commission in several workshops and public hearings. There have been no changes since the previous meeting. Commissioner Anderson moved, seconded by Commission Khan, to adopt the proposed code amendments modifying PMC Title 25 as indicated in the staff memorandum dated December 20, 2012 (MF# CA2012-006). The motion passed unanimously. PUBLIC HEARINGS: -4- A. Special Permit Irrigation Pump Station (City of Pasco) (MF# SP 2012-027) Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, discussed the application for the location of a pump station in an RT (Residential Transition) Zone along Harris Road. The proposal is part of a larger project involving the construction of approximately 19,700 linear feet of domestic water and irrigation supply line. The current intake facility will be re-plumbed to pump irrigation water only and the new intake will be used for the intake of domestic water supply. This special permit request is linked to the current annexation near the river where a pump station will also be located. Pasco Municipal Code 25.86.020 (11) classifies the proposed utility structure as an "Unclassified Use" requiring special permit approval prior to the location anywhere in the city, regardless of zoning. The Engineering Department is requesting an expedited special permit review process. Mike Pawlak, City Engineer, 525 N. Third Avenue, spoke on behalf of the Public works Department. The project will enhance and further complete the City's irrigation and water system within the city. The project is being accomplished in conjunction with agreements with the U.S. Bureau of Reclamation and includes approximately 11,000 feet of large diameter pipe which will run from the intake structure on the river along Harris Road and connect into the Broadmoor Pump Station. The pump station site currently under consideration is simply a booster pump station required to move the water along to the Broadmoor area where the water would be used. Commissioner Khan asked Mr. Pawlak why an expedited special permit process is needed. Mr. Pawlak answered that it is needed for the timing of the construction. They would like all of the permits and approvals in place to be able to advertise for construction bids after the first of the year in order to receive good bids. This allows for more competitive bids and would allow the entire project to be constructed, tested and ready for the 2014 season. Commissioner Hilliard asked for clarification on a building being moved. Mr. Pawlak answered that a building is not being moved. The pump station will be a new building, pre-packaged, with an architectural shell to comply with the standards in the area. With no further comments the public hearing closed. Commissioner Kempf moved, seconded by Commissioner Greenaway, 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. The motion passed unanimously. -5- Commissioner Kempf moved, seconded by Commissioner Anderson, to adopt findings of fact and conclusions therefrom contained in the December 20, 2012 staff report. The motion passed unanimously. Commissioner Kempf moved, seconded by Commissioner Greenaway, 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 1110 Block of Harris Road (parcel #115-210-022) with conditions as listed in the December 20, 2012 staff report. The amended motion passed unanimously. WORKSHOP: A. Plan DNR Property Concept Plan Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the Department of Natural Resources (DNR) Property Concept Plan. The DNR property located south of I-182 and west of Road 86 contains roughly 350 acres and currently leases the land to farmer. Both the City and Department of Natural Resources know the best interest of both agencies is not with a long term farm on the site. The City was in discussion with the Department of Natural Resources regarding special legislative approval in order to sell property. To help with that approval, the City offered to prepare a concept plan that would show the Department of Natural Resources what would happen to the property if it were to be developed. The Planning Commissioners received a draft of the Land Use Plan prepared by Makers Architect. The plan reflects the comprehensive plan designations that are currently in place. Makers estimated there was demand for approximately 50 acres of commercial ground. Enough to support two large box stores and perhaps a grocery store. There may also be a demand for additional small commercial. The property could support multi-family units and there would also be an elementary school, a community park and another park space. Mr. White stated that he recently met with DNR and that the plan itself was developed with input from City Staff and the School District. The Department of Natural Resources has no comment on the plan layout and isn't too interested in the plan except to make them whole in some manner when it comes time to sell or exchange the land. Staff requested input from the Planning Commissioners on the plan. Chairman Cruz asked for clarification on current zoning in the area. Mr. White answered that it is zoned Residential Transition (RT) and the rezoning process would need to occur for the land to be used as the plan proposes. -6- Commissioner Hilliard suggested adding a second school site in the plan due to more growth around the area. He would also like to see more commercial in the plan due to the retail hub being in this area. Commissioner Khan supported more commercial but was concerned about traffic. Based on the proposed plan, much of the commercial would be right off of the exit ramp and could cause traffic problems. Commission Khan suggested pushing the commercial development further south to try and relieve traffic congestion. Commissioner Kempf stated that she would like to see more green areas, such as parks, for families to be outdoors. Chairman Cruz stated that he for the most part is in support of the plan. He would like to see more commercial along the boundary of I-182 and would like to see a potential overpass to alleviate traffic, and to have wide intersections to assist with access. Commissioner Anderson added that he would like to see more commercial along the freeway. A while back there was discussion for the location of Chapel Hill and the Planning Commission initially desired to have a meandering Chapel Hill where it meets Road 68 but City Council wanted Chapel Hill to parallel the freeway and then drop down to Road 68 because Council desired that corridor along the freeway to be commercial. Mr. White added that commercial zoning along the freeway was not viewed as being successful by Makers Architecture due to the entrances from the east and west being too far off from the travel paths and too much of driving through neighborhoods to get there. Commissioner Khan discussed the park space in the plan that could potentially be residential. She felt that the park space would be important and was in favor or more park space. Chairman Cruz added that there could be shared facility space with schools in the neighborhood. Commissioner Kempf stated that in terms of design for the roads she does not want to see a round-about due to possible congestion and the ability for trucks to get through the intersections. There were no further comments. B. Plan Automobile Repair in Commercial Zones Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the issue of automobile repair in commercial zones. City Council has asked the Planning Commission to take a look at developing an action plan with the input from affected -7- businesses and property owners to come up with a way to get voluntary compliance and to look at new codes that might be appropriate for development. In the memo to the Planning Commission a series of questions were given, such as: • Is the Planning Commission in favor of a committee approach to developing an action plan? • Currently the C-1 Zoning District allows no outdoor auto repair. Is that reasonable? If not, what is reasonable? • Should there be prohibition about using the public right-of-way associated with the businesses and/or operations or emergency repairs of automobiles? • Should a grace period be allowed for voluntary compliance that would be monitored by staff with Code Enforcement Board action if that grace period isn't effective? Chairman Cruz stated that he was favored a pro-committee approach as it allows business owners to participate in the discussion. Commissioner Levin and Commissioner Khan were selected as committee members. Chairman Cruz asked for clarification on same day outdoor auto repair, using American Eagle as an example with their outdoor lift. Mr. White answered that there are no longer service stations in use but since there were at one time, many of them are now in C-1 Zones and have lifts. If a car can get in and serviced within one day's time, that would be something considered minor to staff. The Planning Commission agreed that work completed in one day would be considered reasonable outdoors. Perhaps the amount of square feet and number of lifts could be limited. The Planning Commission agreed not to allow the use of the right-of-way for use of repair or storage of vehicles. Commissioner Hilliard commented in regards to allowing a grace period for businesses to be in compliance. He felt that they should be given plenty of time to work with the City. The Planning Commissioners were all in agreement on allowing a grace period. Commissioner Hilliard stated that 6 months would be a fair amount of grace period. Chairman Cruz reminded the Planning Commission that once the grace period is over then Code Enforcement could act fairly strong. -8- With no further discussion or business, the Planning Commission was adjourned at 7:55 p.m. Respectfully submitted, Dave McDonald, City Planner -9- REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2012-28 APPLICANT: Elodia Gutierrez HEARING DATE: 01-17-13 1604 E Broadway St ACTION DATE: 02-21-13 Pasco, WA 99301 BACKGROUND REQUEST FOR SPECIAL PERMIT: Location of a Childcare Facility in a C-1 District 1. PROPERTY DESCRIPTION: Legal: Parcel #112 223 657: Lots 14-16, Block 9, Columbia Addition General Location: 1803 West Bonneville Street Property Size: 17, 250 square feet or approximately .40 acres 2. ACCESS: The site has access from both 18th Avenue and Bonneville Street. 3. UTILITIES: All city utilities are available to the site 4. LAND USE AND ZONING: The property is currently zoned C-1 (Commercial Retail). NORTH: R-1 - Single Family Residences SOUTH: C-1 - Motel 8s Restaurant EAST: R-1 - Single family residences WEST: R-3 - Single Family Residences 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area as the transition between commercial and low density residential. The plan does not specifically address day care centers, but various elements of the plan encourage protection of the established residential character. Policies of the plan also encourage locating businesses in appropriate locations for their anticipated uses and provision of adequate off-street parking. Policies of the plan encourage the provision of services in close proximity to the residences they serve. 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 application involves the use of a facility which was previously permitted for daycare use (2002 and 2005), The site contains a 2,400 square foot office building. The building is oriented to the intersection of 18th Avenue and Bonneville Street with a paved parking lot located between the building and intersection. The applicant's proposal involves the operation of a day-care center for up to 40 children and 6 employees. The site is large enough to accommodate a play area for 25 to 30 children at a given time. The site is located close to Lewis Street, which is a major east/west arterial and as such has good access. Although the proposal is not specifically considered as a commercial use, it does share some of the qualities. The additional traffic generated by the daycare will not exceed that typically generated by uses permitted in the underlying C-1 zone. The last daycare facility special permit (Master File #05-76-SP from 2005) was approved with the following conditions: 1. The special permit shall be personal to the applicant; 2. The property shall be maintained in substantial conformity with the site plan submitted with the application; 3. The applicant shall maintain a current Department of Social and Health Service license at all times for the activities allowed within the buildings; 4. The number of children allowed shall be determined by the strict application of the DSHS day care criteria and shall in no case exceed 50 children; 5. The applicant shall maintain a play area and play area fencing sufficient to meet the requirements of the Department of Social and Health Services; 6. The pick-up and drop-off area shall not be in the public right-of-way; 7. The special permit shall be null and void if a business license has not been obtained by January 5, 2006. 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. 2 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 located in a C-1 zone, and contains 17,250 square feet. 2. The building was originally built for a law office and used as such for many years. 3. The property was licensed in 2003 and again in 2005 for daycare use and has been used as a daycare facility since with a license for up to 50 children. 4. The current application is the result of a change in ownership. 5. The site is developed with a parking lot, landscaping, and a fenced playground area. 6. A motel/restaurant is located directly to the south. 7. Apartment buildings are located to the west. 8. Residential neighborhoods are located to the north and east. 9. A State license will be required for the operation of a daycare facility. 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 meets the following criteria: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? Daycare Centers are not specifically discussed in the Comprehensive Plan but various elements of the plan encourage locating businesses in appropriate locations for their anticipated uses and provision of adequate off street parking. The site is located along a minor collector street and near a major arterial. Policies of the plan encourage the provision of services in close proximity to the residences they serve. The site is surrounded by residential uses on the north, east, and west. (2) Will the proposed use adversely affect public infrastructure? 3 A minor collector street as well as all municipal utilities serve the proposed site. The utilities serving the property are sized to serve utility demands of greater intensities than the proposed use. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? Surrounding properties are developed with a mix of commercial and residential land uses ranging from a motel/restaurant to apartments, duplexes and single-family homes. A daycare center at this location will function as a transitional use and can be expected to operate in harmony with the existing neighborhood. (4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? This proposal will not affect development of permitted uses in the area as it involves using an existing single-story structure; no structural alterations have been proposed. Furthermore, the apartment buildings to the west and motel to the south are both two-story structures. (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 C-1 zoning allows a wide variety of land uses including restaurants, taverns, carwashes, automotive repair and other retail uses which typically generate more noise, fumes and vibrations than the proposed use. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The traffic and noise generated by this use will have a very low probability of creating a nuisance for surrounding properties, and can be expected to provide an appropriate transitional use to the existing residences to the north and east. TENTATIVE APPROVAL CONDITIONS 1) The special permit shall apply to parcel #112 223 657; 4 2) The property shall be maintained in substantial conformity with the original daycare site plan; 3) The applicant shall maintain a current Department of Social and Health Service license at all times for the activities allowed within the buildings; 4) The number of children allowed shall be determined by the strict application of the DSHS day care criteria and shall in no case exceed 50 children (to maintain consistency with the previous special permit); 5) The applicant shall maintain a play area and play area fencing sufficient to meet the requirements of the Department of Social and Health Services; 6) The pick-up and drop-off area shall not be in the public right-of- way; 7) Any and all required improvements shall be completed by July 30, 2013; 8) This special permit shall be null and void if a City of Pasco Occupancy Registration is not obtained by July 30, 2013. RECOMMENDATION MOTION: I move to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the February 21, 2013 meeting. 5 Item: Daycare Center in a C- 1 Zone Vicinity Map Applicant: Elodia Gutierrez N File #: SP 2012-028 h. �- Oil dp 08M, s' �tO x _ �iI sou"s,: ' ti t i a a q r SITE W ,$ E q , • W5k a Y BONNEVILLE ST a. r - is r L + r f ST CLARK ST Land Item: Daycare Center in a C- 1 Zone Use Applicant: Elodia Gutierrez N Map File #: SP 2012-028 SFDUs HOPKWS ST Q SITE Q _ SFDUs — a � Multi- 00 z Family r BONNEVILLE ST Motel/ Restaurant w4F�'S s� CLARK ST Zoning Item: Daycare Center in a C- 1 Zone Applicant: Elodia Gutierrez N Map File #: SP 2012-028 R- 1 -1 —1 1 HOPKINS ST R- 1 SITE W R= 1 a a x x a R-21 R-2 E3 r � . I L T BONNEVILLE ST C-1 w�Fw�s Sr CLARK ST n a R f n aY -- - � q La ( t 43 1 • C_ - .,, Y'd ,� s t,fi'``x �s"'S�` R � ^� �. � � �'i P .ly "� to �''C,. .: 'At!¢ W,. 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''a" �'��f a�l'�^ro3�� �;1:r"`7h� ;p Ss� e4F "�� L�'� s � ,� 17,� t � �1 1 e r,�t E,a..a � ,a'c ►r'y�, � ,, +,�".r`,+-. � .,• Zv �� '�`•r; �J��r�'r�{•! x.;`r�#!yy °.��f a�+.��rn;�, S�"E hp-� t M `-'�q�'' s k- �x L ct�L ^�.9 hr f:; s k Tt: 'L}t-;a�4.f}m,�.-. +r' F,� �'.�„l��e�y`/�1lt '���a� � �i'?+ N'+ 'd d �' a+i�'�'h�} 4^Fc ��.. t 1 i �_ �gY � 4�� .•�� ;\, �n � f', _. 1 .. �..ia�'t. tf .,r:. ..1,"�Jt.d!F:M4r:w,,l�l.�"��.�rr�'•�vra., , �"fi.. 3i�r4� l a._-1 ?E.� .....Yk .,.:,<hi...?' '; ., r,'�..+. .z:.. _.�.S,E:..'Ax_�•s''l',-.�_ Looking Looking 'Vest � r 't i v P - wo- F m A E f, -7ow a�r- Playground -�� .1 9ui� ' Ff 4 t r REPORT TO THE PLANNING COMMISSION MASTER FILE NO. Z 2012-005 APPLICANT: Michael & Mindy Newton HEARING DATE: l/11/2013 7407 110th Ave. NE ACTION DATE: 2/21/2013 Lake Stevens, WA 98258 BACKGROUND REQUEST: REZONE Rezone from C-1 (Retail Business) to R-3 (Medium- Density Residential). 1. PROPERTY DESCRIPTION: Legal: Lots 5 to 7, Block 1, College Addition together with the east 10' of 7th Lane adjacent Location: 809 South 7th Avenue Property Size: 0.24 acres 2. ACCESS: The property has access from 7th Lane along the west property line. 3. UTILITIES: All utilities are available to the site. 4. LAND USE AND ZONING: The site is currently zoned C-1 (Retail Business). The site is vacant. Surrounding properties are zoned and developed as follows: North I-1 (Light Industrial) - Industrial South R-3 (Medium-Density Residential) - SFR's East R-3 (Medium-Density Residential) - SFR's West R-2 (Medium-Density Residential) - SFR's 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 approximately 0.24 acres fronting on 7th Lane and currently contains a residential tri-plex constructed in 1944. The lot was platted in 1890 before the City annexed the area in 1921 (Ord. #319); the surrounding vicinity was concurrently annexed. The applicant wishes to rezone the subject property to eliminate the non- conforming status of the property. The R-3 (Medium-Density Residential) zone 1 permits residential densities not exceeding one (1) unit for every 3,000 square feet of land area for attached/multi-family structures. The site is 10,385 square feet in area; which would allow a maximum of three (3) dwelling units under R-3 zoning. Assigning the R-3 zone to the site would put the tri-plex in conformance with the zoning, allowing it to be financed for resale. The City's zoning records dating back to 1979 indicate the site has been zoned C-1 for the past 33 years or more. Also, the City's Zoning Code from 1965 permits all residential uses allowed in any residential zone to be located in the C-1 Zone (PMC 11-24 12/16/1965). This would explain how the tri-plex was allowed to be legally constructed in 1944. In the early 1980's however, the C-1 zoning language was changed to effectively exclude new residential construction as a permitted use. The City of Pasco Comprehensive Plan shows the property to be within a Mixed Residential land use designation which allows residential densities of 5 to 20 units per acre; (1 unit/3'000ft2 = 14.5 units/acre). The Comprehensive Plan indicates the Mixed Residential land use designation allows the following zoning districts: RS-20, RS-12, RS-1 and R-1 through R-3. Therefore the proposed rezone meets the intent of the Comprehensive Plan in terms of land use. 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: Adjacent residential development and growth within the City make the zone change appropriate, timely, and consistent with the City's Comprehensive Plan. Properties to the east and south are zoned to R-3 and developed with Single-Family residences. Homes to the west are zoned R-2 (Medium-Density Residential). 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The rezone will reflect the medium density transition or buffer between residential areas to the south and commercial zones to the north. The rezone from C-1 to R-3 allows for "higher-density residential development where utilities and transportation facilities enable efficient use of capital resources..." in keeping with Land Use Policy LU-3-E. This rezone would also "Allow for a full range of residential environments including single family homes, townhouses, condominiums, apartments, and manufactured housing,..." consistent with Housing Policy H-2-A. 3. The effect it will have on the nature and value of adjoining property and the Comprehensive Plan: The rezone is a non project action, development would not occur as a result of the property being rezoned. Establishing R-3 zoning for the site would bring the current residential land use in to conformity with the zoning. Because the tri-plex has existed on-site for the last 68 years a rezone would go largely unnoticed by the surrounding neighborhood. The proposed rezone would further contribute to the preferred land uses identified in the Comprehensive Land Use Map 4. The effect on the property owners if the request is not granted: 2 If the request is not granted the units may remain unoccupied for an extended period of time and maintenance on the structure would be discouraged. Residential uses in commercial or industrial zones may not be financed for purchase because should the structure be destroyed the city will not allow reconstruction of said residence due to the non-conforming status. Vacant/unoccupied residences have a history of becoming nuisance properties. 5. The Comprehensive Plan land use designation for the property: The Comprehensive Plan Land Use Map designates the site for Mixed (Density) Residential uses. The proposed rezone will bring the zoning into conformance with the Plan. 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 C-1 (Retail Business). 2. Applicant is requesting a change of zoning from C-1 to R-3. 3. The Comprehensive Plan designates the site for Mixed (Density) Residential uses. 4. The site borders R-3 Zones to the east and south, which are developed with single-family homes. 5. The property was platted in 1890 as part of the College Addition subdivision. 6. The site contains a single structure divided into three separate dwelling units. 7. The site was annexed by the City of Pasco in 1820 (ORD #319). 8. The purpose of the Mixed Residential area is to serve as a buffer or transition between low-density residential and commercial districts. 9. Properties to the west are zoned R-3 and have been developed with condominiums. 10. The R-3 Zone allows for one dwelling per 3,000 square feet for multiple family dwellings. 11. The R-3 Zone allows for building heights up to 35 feet without a special permit. 12. A commercial business is located north of the site. 13. No development plans have been submitted as part of this rezone request. 3 CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a Rezone, the Planning Commission must develop its conclusions from the Findings of Fact based upon the criteria listed in P.M.C. 25.88.060 and determine whether or not: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with many of the goals and policies of the Comprehensive Plan. The Comprehensive Plan also encourages the development of a variety of residential environments (Goal H-2) and supports efforts to provide affordable housing to meet the needs of low and moderate income households (Goal H-5). 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. It is believed that the rezone will not have any adverse effect on adjacent property values. Assigning residential zoning to the site would not alter the way the site will be use and should go unnoticed by property owners in the immediate vicinity. 3. There is merit and value in the proposal for the community as a whole. Adjacent residential development and growth within the City make the zone change appropriate, timely, and consistent with the City's Comprehensive Plan. The rezone will recognize the medium density transition between residential areas to the east, west and south and commercial zones to the north. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The proposed rezone is a non project action involving no physical change to the environment. Surrounding properties will be unaffected by rezoning the site. As such, conditions mitigating adverse impacts on the neighbors are not needed in this case. 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. RECOMMENDATION MOTION: I move to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the February 21, 2013 meeting. 4 Vicinity Item: Rezone C- 1 to R-3 A pplicant: Michael & Mindy Newton File Ma p • #: Z2012-005 r' ~ J 1 "Aft ST - tL RF ..r 4 - SITE .., � r�r a v 1 r. � �•4��. :1. ��� 7 ' y F � l , - I, _ xx 1 � { 1 Item: Rezone C- 1 to R-3 Land Use Map Applicant: Michael & Mindy Newton N File #• Z2012-005 ............. Industrial Commercial Vacant =Single amily Residences "A" ST Comm. Comm. Comm. Comm. SFR' I I I I Q� w w SITE w SFR's w , w j� MFR SFR s MFR's MFR � xj x x SFR's H N MFR �n r` r- `p Comm. ! , S flB� ST Vacant SFR's MFR MFR Comm. MFR w .� � � SFR's SFR's Public Park Zoning Item: Rezone C- 1 to R-3 Applicant: Michael & Mindy Newton N Map File #: Z2012-005 I-1 (Light Industrial) „A„ ST G1 C-1 a C-1 x R-3 x x � SITE � � w R-3 �, R 2 F R-2 (Medium-Density Residential) CQ � "B" s'r R-3 � R-2 (Medium-Density Residential) R_2 R-3 MEMORANDUM DATE: January 10, 2013 TO: Pasco Planning Commission FROM: Rick White, Director Community & Economic Development SUBJECT: Automobile Repair in Commercial Zones As the Planning Commission knows, City Council Resolution 3441 tasks the Commission to develop an action plan for a solution to the growth of non-permitted automobile operations in various areas of the city (particularly in the Commercial Zoning Districts). Commissioners Levin and Khan have been appointed to a committee that will be tackling the solution in a collaborative effort with representatives of the repair industry. Following is a list of the business addresses whose operators and land owners were notified of this issue and invited to tonight's Planning Commission Meeting: • 301 W. Lewis Street • 1431 W. W. Lewis Street • 931 W. Court Street • 807 W. Lewis Street • 609 W. Lewis Street • 1503 N. 4th Avenue • 1427 N. 4th Avenue • 2411 E. Lewis Street • 900 S . Maitland Avenue • 1132 W. Sylvester Street Attached is an inventory of addresses with applicable property maintenance requirements and an inventory of compliance. It should be noted that this inventory of compliance was completed prior to the onset of winter weather (colder weather minimizes outdoor auto repair operations). Staff will also be presenting the Commission and audience with a photo inventory of both warm and cold weather examples of the issues surrounding automobile repair operations. The presentation is intended to provide the Commission with a better sense of the scale of the problem and to facilitate a public discussion on behalf of the affected business operators and land owners. UTO REPAIR BUSINESSES BUSINESS ADDRESS PROPERTY/PREMISES MAINTENANCE RECIUREMENTS IN CMPI iq, C-3 General Business Business District Pasco Municipal Code Reference Auto Service/Garages Permitted 25.46.020 PERMITTED USES. The following uses shall be permitted in the APPLICABLE REGULATIONS 301 WEST LEWIS STREET C-3 district: (1) All uses permitted in the C-1 business district; (2) Service stations; Off-Street Parking - PMC 25.78.030 (2) PMC 25.78.030 (2) parking only for residents, customers, patrons, and NO employees and shall not be used for the storage of equipment or materials,or for the sale, repair or servicing of any vehicle 25.78. 160 Off-street loading and unloading NO Off-Street Loading -PMC 25.78.160 spaces shall be required for any use requiring frequent loading or unloading from trucks or other large vehicles Screening Required - PMC 25.75.040 (c) 25.75.040 (c) Outdoor storage and trash collection areas located NO in a commercial or industrial zone with existing or new development and upon a lot adjacent to or visible from the following streets shall be so screened as to obscure vision of such outdoor storage afforded from said streets. (Lewis and Court Streets are two of the named streets) Parking For Certain Purposes- PMC 10.52.030 10.52.030 (1) No person shall drop or permit to be dropped from any NO vehicle or the machinery thereof, any oil, grease or similar substance upon the streets or alleyways of the City; Public Nuisances -PMC 9.60.030 9.60.030 (12) All places used or maintained as junkyards, or dumping NO grounds, or for the wrecking or dissembling of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of worn -out, wrecked or abandoned automobiles, trucks, tractors, or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons which places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others; Building Code - PMC 16.04.010 16.04.020 ....all buildings hereinafter erected or constructed, enlarged, YES repaired, moved, removed, demolished, or converted shall be done in conformity with the provisions of said Codes, except as expressly provided herein. Public Nuisances -PMC 9.60.020 9.60.020 (3) Unlawfully interferes with, obstructs or tends to obstruct NO or renders dangerous for passage any stream, public park, parkway, square, street, highway, or sidewalk, in the city; or ... AUTO REPAIR BUSINESSES BUSINESS ADDRESS —41111W PROPERTY/PREMISES MAINTENANCE REQUREMENTS IN COMPLIANCE APPLICABLE REGULATIONS (C-3 DISTRICT) 1431 WEST LEWIS STREET Auto Service/Garages Permitted Off-Street Parking - PMC 25.78.030 (2) 25.78.030 (2) Required off-street parking YES Off-Street Loading -PMC 25.78.160 25.78.160 Off-street loading and unloading YES Screening Required - PMC 25.75.040 (c) 25.75.040 (c) Outdoor storage and trash collection YES Parking For Certain Purposes- PMC 10.52.030 10.52.030 (1) No person shall drop or permit to be dropped....... YES Public Nuisances -PMC 9.60.030 9.60.030 (12) All places used or maintained as junkyards, or dumping YES Building Code - PMC 16.04.010 16.04.020 ....all buildings hereinafter erected or constructed, enlarged, YES Public Nuisances -PMC 9.60.020 9.60.020 (3) Unlawfully interferes with, obstructs... YES BUSINESS ADD PROPERTY/PREMISE NAN�E REOI � IN COMPLIANCE C-1 RETAIL BUSINESS DISTRICT 931 West Court Street Auto Service/Garages Permitted 25.42.020 PERMITTED USES. The following uses shall be permitted in With Certain Limitations the C-1 district: (1) Auto Detail Shops; (8) Stores and shops for repair and similar services such as: (d) Garage and filing stations, provided: (i) No repair work is performed out-of-doors, NO (ii) Pumps, lubrication or other devices are located at least fifteen feet YES from any street property line, and (iii) All automobile parts and dismantled automobiles are stored within NO the building, except outdoor display racks. APPLICABLE REGULATIONS Off-Street Parking - PMC 25.78.030 (2) 25.78.030 (2) Required off-street parking NO Off-Street Loading -PMC 25.78.160 25.78.160 Off-street loading and unloading YES Screening Required - PMC 25.75.040 (c) 25.75.040 (c) Outdoor storage and trash collection NO Parking For Certain Purposes- PMC 10.52.030 10.52.030 (1) No person shall drop or permit to be dropped ... YES Public Nuisances -PMC 9.60.030 9.60.030 (12) All places used or maintained as junkyards, or dumping NO Building Code - PMC 16.04.010 16.04.020 ....all buildings hereinafter erected or constructed, enlarged, NO Public Nuisances -PMC 9.60.020 9.60.020 (3) Unlawfully interferes with, obstructs... NO AUTO REPAIR BUSINESSES BUSINESS ADDRE , . . -' -PRE MI ,ACE RENTS IN COMPLIANCE C-1 RETAIL BUSINESS DISTRICT 807 West Lewis Street 25.42.020 PERMITTED USES. The following uses shall be permitted in Auto Service/Garages Permitted the C-1 district: (1) Auto Detail Shops; (8) Stores. and shops for repair and similar services such as: (d) Garage and filing stations, provided: (i) No repair work is performed out-of-doors, NO (ii) Pumps, lubrication or other devices are located at least fifteen feet YES from any street property line, and (iii) All automobile parts and dismantled automobiles are stored within NO the building, except outdoor display racks. APPLICABLE REGULATIONS Off-Street Parking - PMC 25.78.030 (2) 25.78.030 (2) Required off-street parking NO Off-Street Loading -PMC 25.78.160 25.78.160 Off-street loading and unloading YES Screening Required - PMC 25.75.040 (c) 25.75.040 (c) Outdoor storage and trash collection YES Parking For Certain Purposes- PMC 10.52.030 10.52.030 (1) No person shall drop or permit to be dropped ... NO Public Nuisances -PMC 9.60.030 9.60.030 (12) All places used or maintained as junkyards, or dumping NO Building Code - PMC 16.04.010 16.04.020 ....all buildings hereinafter erected or constructed, enlarged, YES Public Nuisances -PMC 9.60.020 9.60.020 (3) Unlawfully interferes with, obstructs... YES - 0 R PAtR BUSINESSES BUSINESS ADDR ROpERTY'/-PREMISES MAINTENANCE—RE- QUREMENTS IN COMPLIANCE C-1 RETAIL BUSINESS DISTRICT 609 West Lewis Street 25.42.020 PERMITTED USES. The following uses shall be permitted in Auto Service/Garages Permitted the C-1 district: (1) Auto Detail Shops; (8) Stores and shops for repair and similar services such as: (d) Garage and filing stations, provided: (i) No repair work is performed out-of-doors, NO (ii) Pumps, lubrication or other devices are located at least fifteen feet YES from any street property line, and (iii) All automobile parts and dismantled automobiles are stored within NO the building, except outdoor display racks. APPLICABLE REGULATIONS Off-Street Parking - PMC 25.78.030 (2) 25.78.030 (2) Required off-street parking YES Off-Street Loading -PMC 25.78.160 25.78.160 Off-street loading and unloading YES Screening Required - PMC 25.75.040 (c) 25.75.040 (c) Outdoor storage and trash collection NO Parking For Certain Purposes- PMC 10.52.030 10.52.030 (1) No person shall drop or permit to be dropped ... YES Public Nuisances -PMC 9.60.030 9.60.030 (12) All places used or maintained as junkyards, or dumping YES Building Code - PMC 16.04.010 16.04.020 ....all buildings hereinafter erected or constructed, enlarged, YES Public Nuisances -PMC 9.60.020 9.60.020 (3) Unlawfully interferes with, obstructs... YES REPAIR BUSINESSES BUSINESS ADDRESS .PROPERTY/PREMISES MAINTENANCE REQUIREMENTS IN COMPLIANCE C-1 RETAIL BUSINESS DISTRICT 1503 N 4TH AVENUE 25.42.020 PERMITTED USES. The following uses shall be permitted in Auto Service/Garages Permitted the C-1 district: (1) Auto Detail Shops; (8) Stores and shops for repair and similar services such as: (d) Garage and filing stations, provided: (i) No repair work is performed out-of-doors, NO (ii) Pumps, lubrication or other devices are located at least fifteen feet YES from any street property line, and (iii) All automobile parts and dismantled automobiles are stored within NO APPLICABLE REGULATIONS the building, except outdoor display racks. Off-Street Parking - PMC 25.78.030 (2) 25.78.030 (2) Required off-street parking YES Off-Street Loading -PMC 25.78.160 25.78.160 Off-street loading and unloading YES Screening Required - PMC 25.75.040 (c) 25.75.040 (c) Outdoor storage and trash collection NO Parking For Certain Purposes- PMC 10.52.030 10.52.030 (1) No person shall drop or permit to be dropped ... YES Public Nuisances -PMC 9.60.030 9.60.030 (12) All places used or maintained as junkyards, or dumping YES Building Code - PMC 16.04.010 16.04.020 ....all buildings hereinafter erected or constructed, enlarged, NO Public Nuisances -PMC 9.60.020 9.60.020 (3) Unlawfully interferes with, obstructs... YES L AUTO REPAIR, BUSINESSE.S BUSINESS ADDRESS, P.RO,P...ERTY"EMlSES MAINTENANCE REQUREM,_ INCOMPLIANCE C-1 RETAIL BUSINESS DISTRICT 1427 N 4TH AVENUE 25.42.020 PERMITTED USES. The following uses shall be permitted in Auto Service/Garages Permitted the C-1 district: (1) Auto Detail Shops; (8) Stores and shops for repair and similar services such as: (d) Garage and filing stations, provided: (i) No repair work is performed out-of-doors, NO (ii) Pumps, lubrication or other devices are located at least fifteen feet YES from any street property line, and (iii) All automobile parts and dismantled automobiles are stored within NO APPLICABLE REGULATIONS the building, except outdoor display racks. Off-Street Parking - PMC 25.78.030 (2) 25.78.030 (2) Required off-street parking YES Off-Street Loading -PMC 25.78.160 25.78.160 Off-street loading and unloading YES Screening Required - PMC 25.75.040 (c) 25.75.040 (c) Outdoor storage and trash collection NO Parking For Certain Purposes- PMC 10.52.030 10.52.030 (l) No person shall drop or permit to be dropped ... YES Public Nuisances -PMC 9.60.030 9.60.030 (12) All places used or maintained as junkyards, or dumping YES Building Code - PMC 16.04.010 16.04.020 ....all buildings hereinafter erected or constructed, enlarged, YES Public Nuisances -PMC 9.60.020 9.60.020 (3) Unlawfully interferes with, obstructs... YES PMC STATISTICS SUMMARY Off-Street Parking - PMC 25.78.030 (2) 4/7 (57%) IN COMPLIANCE All customer and business vehicles stored off street-within parking area Off-Street Loading -PMC 25.78.160 6/7 (85%) IN COMPLIANCE Unloading vehicles, tires, parts and tools inside property boundary Screening Required - PMC 25.75.040 (c) 2/7 (28%) IN COMPLIANCE Screened outdoor parts and trash storage Parking For Certain Purposes- PMC 10.52.030 5/7 (71%) IN COMPLIANCE Prohibiting vehicle fluid spills on public streets or sidewalks Public Nuisances -PMC 9.60.030 4/7 (57%) IN COMPLIANCE Prohibiting junk and wrecking yards (for metal and auot parts salvage Building Code - PMC 16.04.010 2/7 (28%) IN COMPLIANCE Building or storage canopies erected or placed without a building permit Public Nuisances -PMC 9.60.020 5/7 (71%) IN COMPLIANCE Obstructing streets and/or sidewalks with vehicles and equipment