HomeMy WebLinkAbout02-28-2013 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. Special Permit
1001WROW4740
C. Code Amendment
VI. PUBLIC HEARINGS:
A. Special Permit
VII. OTHER BUSINESS:
A. Other
VIII. WORKSHOP:
A. Plan
IX. ADJOURNMENT:
7:00 P.M. February 28, 2013
Declaration of Quorum
January 17, 2013
Location of a Childcare Facilitv in a C -1
District (Elodia Gutierrez) (MF# SP 2012 -028)
Rezone from C -1 (Retail Business) to R -3
(Medium Densitv Residential) (Michael 8s Mindy
Newton) (MF# Z 2012 -005)
Title 25 Code Revisions (MF# CA 2011 -006)
Location of a private bus terminal (Griselda
Melendez) (MF# SP 2013 -002)
Motion to move April Planning Commission
Meeting to April 25, 2013
Shoreline Master Program Orientation
REGULAR MEETING
PLANNING
CALL TO ORDER:
MEETING
The meeting
was called to order at 7:OOpm
Michael Levin
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:
January 17, 2013
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 question 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 Anderson moved, seconded by Commissioner Greenaway, that the
minutes dated December 20, 2012 be approved as mailed. The motion passed
unanimously.
PUBLIC HEARINGS:
A. Special Permit Location of a Childcare Facility in a C -1
District (Elodia Gutierrez) (MF# SP 2012 -028)
Chairman Cruz read the master file number and asked for comments from staff.
David McDonald, City Planner, discussed the special permit for the location of a
childcare facility in a C -1 District.
-1-
There have been two special permits granted for this property over the years, both for
a daycare facility. The building has been remodeled, the playground installed and the
facility meets all state standards for a daycare.
The applicant applied for this special permit because the previous special permits were
personal to the applicant and not the property.
Chairman Cruz asked if the applicant has had a chance to review the approval
conditions prior to the meeting.
Mr. McDonald answered that the staff report had been mailed to the applicant.
The public hearing opened but with no questions or comments the public hearing
closed.
Commissioner Anderson moved, seconded by Commissioner Levin, to close the public
hearing and schedule deliberations for City Council for the February 21, 2013
meeting. The motion passed unanimously.
B. Rezone Rezone from C -1 (Retail Business) to R -3
(Medium Density Residential) (Michael &
Mindy Newton) (MF# Z 2012 -0051
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community
86
Economic
Development Director, discussed the rezone from
C -1 (Retail Business) to
R -3
(Medium
Density Residential).
The property currently contains approximate .24 acres and contains a residential tri-
plex. The applicant wishes to rezone the property because it is currently a non-
conforming use in the C -1 Zoning District. Zoning records indicate that it has been
zoned C -1 for at least 33 or more years but in the early 1980's residential uses were
removed from those permitted in the C -1 Zone, thus establishing its non - conformity.
The City of Pasco's Comprehensive
Plan shows this area to be within
a mixed
residential land use
designation which
allows for a variety of residential land
uses.
Commissioner Levin asked what the applicant wishes to do with the property after it is
rezoned.
Mr. White answered that the applicant would either like to refinance or sell the
property. There are difficulties with lending institutions when a property is non-
conforming.
The public hearing opened and a representative of the applicant spoke.
Thadd, Williams,
529 N. Montana Street,
Kennewick, WA spoke
on behalf of the
applicant as their
realtor. The property is
under contract but the
process has been
slowed down due to the lending process with the property being in non - conformance.
-2-
The public hearing closed.
Commissioner Khan 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 February 21, 2013 meeting.
The motion passed unanimously.
WORKSHOP:
A. Code Amendment Automobile Repair in Commercial Zones
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, reviewed the proposal and
explained Commissioner Levin and Khan had been selected to be on the committee for
this project however there have been no volunteers from the business community to
be on the committee. Notices of the public meeting were mailed to the responsible
party for the business license and the landowner in hopes of starting a public dialog.
Mr. White reviewed a series of slides showing the extent of the problem of outside auto
repair work along with the storage of vehicles in various states of disrepair. The
Planning Commissioners were given a revised inventory list of automobile repair shops
and whether or not they were in conformance with the regulations. The inventory
process has been ongoing since last June and the extent of the problem is far less
severe than it was in June, most likely due to the colder weather.
In the past discussion the Commissioners favored some degree of outdoor auto repair
in the C -1 Zoning District, yet to be defined, but most likely minor or insignificant
auto repair. The Commission was in favor of retaining the prohibition of using the
right -of -way for auto storage, parking or work. They were also in favor of the
committee approach to solving the problem.
Chairman Cruz asked members of the audience if they had any input.
Richard Desjarlais, owner of American Eagle Muffler, voiced concern as to what the
City would like him and his business to do to be in compliance.
Chairman Cruz answered that his business is a good example of a well -run enterprise.
For some clarification he asked if the vehicles worked on outdoors on the lifts were
completed as same day service.
Mr. Desjarlais answered that all vehicles are serviced in the same day.
Chairman Cruz asked Mr. Desjarlais what he considered a reasonable amount of time
to complete outdoor work on vehicles, what some of his concerns would be and any
other input.
Mr. Desjarlais replied
that
one of
his concerns is something happening to
one
of his
customer's vehicles so
he
doesn't
want those automobiles sitting around
any
longer
-3-
than they have to be. The shed has been a storage unit for several years and he is
willing to paint it and make it look better but does not want to move it. He is willing
to work with the City on whatever it takes to clean the business up as he wants to be
in compliance.
Chairman Cruz asked if he would be willing to be on the committee to discuss the
automobile repairs.
Mr. Desjarlais answered that he would.
Liandro Diaz, owner of LD Tires 8s Auto Service, spoke on behalf of his business. He
said that they have been working hard to clean up the business and comply with the
City. His main concern was what he needed to do to be in compliance.
Chairman Cruz recommended Mr. Rodriguez contact staff to work through the
process. He asked Mr. Diaz if he would also like to be part of the committee to form
rules and regulations, such as, would it be important to have the ability to do work
outside.
Mr. Diaz answered that sometimes there is a need to do certain things outside, such
as brakes or tires. He just doesn't know what needs to be done on his property to be
in compliance.
Chairman Cruz responded that the Planning Commission is looking for input to
develop a set of rules and wants to work with the business owners to resolve the
problem.
Mr. Diaz believes that brakes or tires should be considered same day work and work
he considers reasonable to be done outdoors in a 24 hour period.
Chairman Cruz explained that they would like more input because what one person
might think is same day repair another person might say could take several days.
Mr. White stated that the goal is to get an action plan to City Council by April.
Chairman Cruz asked Mr. Diaz if he would like to attend committee meetings to gather
input for the Planning Commission to use for developing rules, regulations to address
the issues.
Mr. Diaz stated that he doesn't want to speak for other businesses
Commissioner Khan clarified to Mr. Diaz that the rules, regulations and compliance
has not been set yet, which the purpose of the committee is to come up with. She
stated that it would be in his best interest to be a part of the committee in order to
give his opinion and what he needs in order for his business to be in compliance but
also successful. He would not have to speak on behalf of any other business, just his
own.
Mr. Diaz said that he would be comfortable doing that for his business as long as he
wasn't speaking for other businesses.
-4-
Commissioner Levin asked if the Commissioners are to visit with the business owners
on their own time.
Mr. White answered no. The committee will just be there to offer their opinions and to
hammer out the details.
Commissioner Levin asked if ultimately procedure will follow if these properties are not
handled, such as Code Enforcement.
Mr. White answered yes. The goal is to first work with the business owners before
taking Code Enforcement action, especially since many of these businesses have been
operating in their set ways for years. They may need reasonable time to make
adjustments to their business practices.
Chairman Cruz added that effort goes along with that process. If a business owner is
working hard to comply, the City will work with them.
With no further discussion or business, the Planning Commission was adjourned at
7:40 p.m.
Respectfully submitted,
Dave McDonald, City Planner
-5-
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP 2012 -28
HEARING DATE: 01 -17 -13
ACTION DATE: 02 -28 -13
BACKGROUND
REQUEST FOR SPECIAL PERMIT:
1. PROPERTY DESCRIPTION:
APPLICANT: Elodia Gutierrez
1604 E Broadway St
Pasco, WA 99301
Location of a Childcare Facility in a C -1
District
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
8& 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.
i
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.
z
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;
0
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 adopt findings of fact and conclusions therefrom as
contained in the February 28, 2013 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 for the location of a preschool operation at 1803 West
Bonneville Street, with conditions as listed in the February 28, 2013 staff
report.
5
Vicinity Item: Daycare Center in a C -1 Zone
Applicant: Elodia Gutierrez N
Map File #: SP 2012 -028
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Use Applicant: Elodia Gutierrez
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Zoning Item: Daycare Center in a C -1 Zone
Applicant: Elodia Gutierrez
Map File #: SP 2012 -028
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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: 2/28/2013 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 711, 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
51 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
from C -1 (Retail
Business) to
R -3
(Medium
Density
Residential)
to eliminate the
non - conforming
status of the
11
property. The R -3 (Medium- Density Residential) zone 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 triplex 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
2
4. The effect on the property owners if the request is not granted:
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 1921 (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
as this is a non - project action intended to bring an existing residential
land use into zoning conformance.
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 adopt Findings of Fact and Conclusions therefrom as
contained in the February 28, 2013 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 C -1 (Retail Business) to R -3 (Medium Density
Residential).
11
Vicinity
Map
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Item: Rezone C -1 to R -3
Applicant: Michael & Mindy N
File #: Z2012 -005
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Land Use Item: Rezone C-1 to R -3
Ma Applicant: Michael & Mindy Newton N
P File #: Z2012 -005
Industrial
Commercial Vacant
Single Family Residences
"A" ST
Comm. Comm. Comm.
comet.
- - SFR'
SITE
w R's a
,
F., MFR H vD � SFR s-
Comm. 01 00 ► SFR's --
i "B' ST
Comm. SFR's
MFR w �
SFR's
Public Park
d
FR'
Vacant
'S
Zoning Item: Rezone C -1 to R -3
Applicant: Michael &Mindy Newton N
Map File #: Z2012 -005
IMI
(Light Industrial)
"A" ST
C -1 C -1 a C-1
x x
SITE R 3 w
w w
R3
.F* 1=0 R -2 � R -2
— (Medium- Density Residential)
"B" ST
R -3
R -2
TOO (Medium - Density Residential)
I771 -� R -3 I
North of Site
■al _
o —
Ila�.ur�n p��
r South of Site
West of Site
Site (west side)
1.
MEMORANDUM
DATE: February 11, 2013
TO: Planning Commission
FROM: Shane O'Neill, Planner I
SUBJECT: Revisions to PMC Title 25 (Zoning)
The inventory of proposed Zoning Code amendments was reviewed by City Council
during their workshop on January 28, 2013. As a result, the Council identified a few
items needing further modification before being codified. The sections identified by
Council and their directives are listed below:
Citation: PMC 25.22.030(1)
RS -20
(detached garage
size)
Directive:
Allow one or more options
for incremental
increases in floor area for
detached
residential
shops and
garages based on land area.
Citation: PMC 25.24.030(1) RS -12 (detached garage size)
Directive: Allow incremental increases in floor area for detached residential shops
and garages based on land area.
Citation: PMC 25.66 Home Occupations
Directive: Review the proposed maximum number of students allowed to be tutored.
Adjacent cities allow 4 to 5 students.
Citation: PMC 25.70.050 Caretaker's Residence
Directive: Insert objective and measureable criteria related to the proposed
terminology "substantially undeveloRed residential or commercial
neighborhood ".
A short list of the additional modifications to Code language is attached for review by the
Planning Commission. Two options have been prepared addressing the baseline area
allowance for detached shops and garages in the RS -20 zone. One option is also
presented dealing with the maximum number of student allowed to attend an at -home
tutoring home occupation.
Staff requests the Planning Commission identify their preferred options or alternatives to
go forward to Council at their March 11 workshop meeting.
1
RS -20 ACCESSORY STRUCTURES
25.22.030
(RS -20 zone)
PERMITTED ACCESSORY USES. The following uses shall be
permitted as accessory to a permitted use in the R -S -20 suburban district:
(1) Detached residential garages as defined in Section 25.12.200,
provided they do not exceed the height of 18 feet and are no larger than
1,200 square feet in area. For each additional 20.000 square feet of lot
area, the gross floor area of detached shops and garages can be increased
To create consistency
between practice and
the provisions to allow
b 4�guare feet;
(2) Home occupations as defined in Section 25.12.220;
floor area increases for
(3) Storage buildings cumulatively not exceeding 480 square feet of
sheds
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 bams, 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 25.66;
and
(94 (10) 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
To clarify practice and
animals does not exceed three dogs, and/or three cats, and/or three rabbits
to create consistency
and/or three chicken hens, the total number of animals not to exceed six; in
with other residential
all cases, animals shall not be allowed to roam or fly to other properties;
districts
roosters are not allowed.
RS -20 ACCESSORY STRUCTURES
OPTION #2 [1,600 ft2 base area allowance]
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 district:
(1) Detached residential garages as defined in Section 25.12.200,
To create consistency
provided they do not exceed the height of 18 feet and are no larger than
between practice and
4,200 1,600 square feet in area. For each additional 20,000 square feet of
the provisions to allow
lot area, the gross floor area of detached shops and garages can be
floor area increases for
increased by 400 square feet;
sheds;
(2) Home occupations as defined in Section 25.12.220;
Increase the baseline
(3) Storage buildings cumulatively not exceeding 480 square feet of
floor are allowance for
gross floor area and fifteen feet in height; provided no container storage,
detached shops /garages
as defined in Section 25.12.430, shall be permitted. For each additional
from 1200ft2 to 1600ft'
20,000 square feet of lot area, the gross floor area of storage sheds can be
increased by 400 square feet;
(4) Agricultural uses (limited), as defined in Section 25.12.040,
except that the keeping of animals shall be permitted on parcels consisting
of ten thousand (10,000) square feet over and above an area equal in size
to 12,000 square feet set aside for the dwelling on the parcel;
(5) One animal unit (as defined in Section 25.12.065) shall be
allowed for each full ten thousand square foot increment of land over and
above an area equal in size to 12,000 square feet set aside for the dwelling
on the same parcel; provided that all barns, barnyards, chicken houses, or
corrals shall be located not less than twenty -five feet from a public
roadway and not less than ten feet from any adjoining or abutting property
held under separate ownership; and provided said number of chickens,
fowl or rabbits does not exceed 2 animal units;
(6) The keeping of dogs and cats, provided such number of animals
does not exceed three dogs and three cats;
(7) Family day care home in conformance with WAC 388 -73 as now
existing and as amended and PMC Chapter 25.66; and
(8) Accessory dwellings;
(9) Family home preschool in conformance with PMC Chanter 25.66;
and
(9) (10) 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
To clarify practice and
all cases, animals shall not be allowed to roam or fly to other properties;
to create consistency
roosters are not allowed.
with other residential
districts
RS -12 ACCESSORY STRUCTURES
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. For each additional 12,000 square feet of lot area the gross floor
To create consistency
area of
detached
shops
and garages can be increased by 260 square feet;
(2) Home occupations as defined in Section 25.12.220;
between practice and
(3) Storage buildings cumulatively not exceeding 260 square feet of
the provisions to allow
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
floor area increases for
sheds
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 bams, barnyards, chicken houses, or
corrals shall be located not less than twenty -five feet from a public
roadway and not less than ten feet from any adjoining or abutting property
held under separate ownership; and provided said number of chickens,
fowl or rabbits does not exceed 2 animal units;
(6) The keeping of dogs and cats, provided such number of animals
does not exceed three dogs and three cats;
(7) Family day care home in conformance with WAC 388 -73 as now
existing and as amended and Chapter 25.66; -ate
(8) Accessory dwellings;
(9) For lots with a minimum of 5,000 square feet but less than 22,000
square feet and containing only one single - family dwelling unit, the
keeping of dogs, cats, rabbits, and chicken hens, provided such number of
animals does not exceed three dogs, and/or three cats, and/or three rabbits
and/or three chicken hens, the total number of animals not to exceed six;
in all cases, animals shall not be allowed to roam or fly to other
properties; roosters are not allowedL and
To clarify practice and
(10) Family home preschool in conformance with PMC Chapter
to create consistency
25.66.
with other residential
districts
HOME OCCUPATIONS
25.66.040(9)
ENVIRONMENTAL STANDARDS. All home occupations shall
(Home
conform to the following standards:
Occupations)
(1) Be clearly subordinate to the principal use of the property
for residential purposes;
(2) Not involve modification of the property or exterior of its
structures that indicates other than residential uses of the premises;
(3) Is performed entirely within a permanent structure upon
the premises;
(4) No signs, display or other advertisement upon the
property,
(5) No media or other off - premises advertising shall give the
address or location of the home occupation;
(6) No outside storage of materials, supplies, products or by-
products, or equipment, except a single occupational vehicle not
exceeding 14,000 pounds Gross Vehicle Weight (GVW);
(7) Be conducted solely by persons residing within the
dwelling unit upon the premises, subject to the definition of family;
(8) Except for articles produced thereon, no merchandise,
products, goods or wares may be displayed or offered for sale upon the
premises;
(9) No occupation requiring the customer or client to be
present upon the premises while the profession, trade, skill or service is
performed shall be allowed, except for private tutoring or instruction for 3
or fewer students per 24 -hour period;
(10) No more than 6 customer vehicles may visit the dwelling
in a given day;
(11) Noise generated by the home occupation, detectable at any
property line, shall not be in excess of the following standards:
(a) 8:00 am. to 8:00 p.m.: 55 dba.
(b) 8:00 p.m. to 8:00 am.: 45 dba.
(12) No material or substance which is explosive, highly
flammable, corrosive, radioactive or toxic shall be stored, created, utilized
or discarded in any way without prior knowledge of and written approval
by the city; provided the means or methods necessary for safety purposes
do not conflict with other standards established herein;
(13) The home occupation shall not generate light or glare,
vibration, fumes or odors, or permit other conditions to occur or be
present, which annoys, injures, or endangers the comfort, health, repose,
decency or otherwise comfortable enjoyment of life and property of
neighboring or surrounding residents, in accordance with the intent of this
chapter and nuisances as defined in Chapter 9.60 of the Municipal Code.
(14) The home occupation shall not occupy more than twenty (20)
percent of the gross floor area of the residence. All of an attached or
detached garage may be used for a home occupation provided the area of
the garage to be utilized does not exceed six hundred (600) square feet.
5
Allows student tutoring
as a home occupation
HOME OCCUPATIONS
OPTION #1 [4 student maximum]
25.66.040(9)
ENVIRONMENTAL STANDARDS. All home occupations shall
(Home
conform to the following standards:
Occupations)
(1) Be clearly subordinate to the principal use of the property
for residential purposes;
(2) Not involve modification of the property or exterior of its
structures that indicates other than residential uses of the premises;
(3) Is performed entirely within a permanent structure upon
the premises;
(4) No signs, display or other advertisement upon the
property;
(5) No media or other off - premises advertising shall give the
address or location of the home occupation;
(6) No outside storage of materials, supplies, products or by-
products, or equipment, except a single occupational vehicle not
exceeding 14,000 pounds Gross Vehicle Weight (GVW);
(7) Be conducted solely by persons residing within the
dwelling unit upon the premises, subject to the definition of family;
(8) Except for articles produced thereon, no merchandise,
products, goods or wares may be displayed or offered for sale upon the
premises;
(9) No occupation requiring the customer or client to be
present upon the premises while the profession, trade, skill or service is
performed shall be allowed, except for private tutoring or instruction for 4
or fewer students per 24 -hour period;
(10) No more than 68 customer vehicles may visit the dwelling
in a given day;
(11) Noise generated by the home occupation, detectable at any
property line, shall not be in excess of the following standards:
(a) 8:00 am. to 8:00 p.m.: 55 dba.
(b) 8:00 p.m. to 8:00 am.: 45 dba.
(12) No material or substance which is explosive, highly
flammable, corrosive, radioactive or toxic shall be stored, created, utilized
or discarded in any way without prior knowledge of and written approval
by the city; provided the means or methods necessary for safety purposes
do not conflict with other standards established herein;
(13) The home occupation shall not generate light or glare,
vibration, fumes or odors, or permit other conditions to occur or be
present, which annoys, injures, or endangers the comfort, health, repose,
decency or otherwise comfortable enjoyment of life and property of
neighboring or surrounding residents, in accordance with the intent of this
chapter and nuisances as defined in Chapter 9.60 of the Municipal Code.
(14) The home occupation shall not occupy more than twenty (20)
percent of the gross floor area of the residence. All of an attached or
detached garage may be used for a home occupation provided the area of
the garage to be utilized does not exceed six hundred (600) square feet.
0
Allows student tutoring
as a home occupation
and correspondingly
increase the number of
customer vehicles to 8
CARETAKER'S RESIDENCE
25.70.060
CARETAKER'S RESIDENCE. In the commercial and industrial districts,
(Use
Regulations)
a caretaker's residence may be permitted by special permit as an accessory
use, provided the following circumstances are demonstrated by the
applicant:
(1) The caretaker's residence is solely intended to provide security for the
established principal permitted use of the property;
(2) The caretaker's residence is within a commercial or industrial area
Additional criteria to
clarify the intent of a
with
less than
thirty percent (30 %) of parcels within the surrounding
vicinity, defined
as a 300
ft radius
from the site being developed The
caretaker's residence is
for security in remote
and unpopulated areas
of the City
term "developed"
shall
mean a parcel
containing at least one permitted
structure or
land
use with
a current City of Pasco Business License
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.
7
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP 2013 -002 APPLICANT: Griselda Melendez
HEARING DATE: 2/28/13 516 S. 6th Street
ACTION DATE: 3/21/13 Yakima, WA 99301
BACKGROUND
REQUEST: SPECIAL PERMIT: Location of a private bus terminal (Fronteras
Travel) ( Griselda Melendez) (205 S. 4th Avenue)
1.
Legal: Lots 13 -17, Block 19, Gerry's Addition
General Location: 205 S. 4th Avenue
Property Size: 14,300 square feet
2. ACCESS: The site is adjacent to South 4th Avenue.
3. UTILITIES: Water and sewer services are located in the alley to the
east.
4. LAND USE AND ZONING: The site is currently zoned C -3 (General
Business). Surrounding zoning and land uses are as follows:
NORTH- C -2 Farmer's Market parking lot
SOUTH- I -1 Vacant
EAST- C -3 8v C -2 Commercial /old motel
WEST- I -1 Golden Nugget nightclub
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site
for commercial uses. The Comprehensive Plan (Goal TR -2) encourages
the efficient use of multi -modal transportation systems, which would
include bus and van services for residents.
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
A private van /bus service has been operating at 205 S. 4th Avenue since 2009.
In 2012 the applicant obtained a special permit (MF# SP2012 -003) authorizing
the travel terminal to operate. The approving Special Permit Resolution #3400
condition (e) limits the seating capacity of pick -up vans to 25 seats.
Since the Special Permit was issued it was discovered that the passenger van
being used contained thirty (30) seats. To address this discrepancy the
applicant removed five (5) seats within the passenger van and continued
operations. At this time the applicant wishes to revise their Special Permit to
allow a 30- passenger van to be used for on -site loading and unloading. The
proposed revision is not intended to affect the size of the vehicle being used;
rather the revision will allow the applicant to add the five passenger seats back
into the van. All other aspects of operations will be the same as described in
the staff report for Master File #SP2012 -003.
To briefly review details outlined in the previous report, the van /bus service at
205 S. 4th Avenue schedule includes one arrival and one departure per day,
seven days per week. The departing van leaves the site at 7:00 am and arrives
at 7:00 pm. The scheduled arrival and departure times are the company's
advertised schedule. If no tickets have been sold, no stops are made in Pasco.
During the winter months when ridership is down vans do not arrive or depart
from the site on a daily basis. Their vehicle fleet includes 15- passenger vans,
25- passenger (currently requested to be 30- passenger) vans and 51- passenger
buses. Twenty -five passenger vans (currently requested to be 30- passenger) are
the primary vehicles used by Fronteras Travel to transport passengers to
Yakima where a 51- passenger bus provides connections to other states.
No changes to the site or building are planned as a result of the bus service to
and from the Fronteras Travel office at 205 S. 01 Avenue.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report
and comments made at the public hearing. The Planning Commission may
add additional findings as deemed appropriate.
1.
The site
is located in
a C -3 (General
Business) zone.
2.
The site
is located at
205 S. 4th Avenue.
3.
There is
currently a van ticket office
located at 205 S. 4th Avenue.
2
4. The applicant has plans to continue to operate a regularly scheduled van
service from an existing ticket office at 205 S. 4th Avenue.
5. Scheduled departures will occur at 7:00 a.m. every day of the week.
6. Scheduled arrivals will occur at 7:00 p.m. every day of the week.
7. Thirty - passenger vans are the primary vehicles used in the proposed van
service.
8. The passenger vans used are approximately 24.5 feet in length.
9. Private operator carriers, charter or transit buses, vans and similar
businesses are listed as unclassified uses in PMC 25.86.020.
10. Unclassified uses require review through the special permit process
before locating in the community.
11. Private bus /van companies have been permitted by special permit to
locate in other commercial zoning districts on N. 4th Avenue, Lewis Street
and Sylvester Street.
12. No alterations are planned for the office or site.
13. The site has a small on -site parking area that can be used for passenger
loading and unloading.
14. The on -site parking and loading area is shared with a wholesale produce
business.
15. The wholesale produce business utilizes large trucks for receiving and
delivering produce.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit, the Planning
Commission must draw its conclusion from the findings of fact based upon the
criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are
as follows:
IJ Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
The site is designated by the Plan for commercial uses. The Plan also
encourages the efficient use of multi -modal transportation systems. The van
service would be considered part of the multi -modal transportation system.
2) Will the proposed use adversely affect public infrastructure?
The site is developed with all municipal utility services. No building additions
or alterations are planned that would increase demands on the utility system.
Fourth Avenue is a designated arterial street and has been constructed to
arterial street standards to carry more traffic and heavier loads as compared to
local access streets. The addition of a van on 4th Avenue at off peak travel times
3
is not anticipated to generate significant demands on the surrounding street
system.
3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
The intended character of the area includes the development of various
commercial enterprises. The proposed use is a commercial activity. No changes
to the building or site are planned as a result of the proposed van service.
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 structures on -site will not change as a result of
the proposed van service. The property will continue to be used for commercial
purposes.
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 van service will create no more noise, vibrations, and fumes than
the semi - trucks and delivery trucks used by the produce business located on
the site.
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?
The on- street parking area directly in front of 205 South 4+h Avenue is about 37
feet long. On- street parking of a passenger van along with the loading and
unloading of passengers and luggage on a public sidewalk may lead to the
creation of a nuisance situation twice a day. This problem can be resolved by
requiring all vans to load and unload on private property.
11
TENTATIVE APPROVAL CONDITIONS
1. The special permit shall apply to parcel 112041317.
2. Scheduled van service shall be limited to one arrival and one departure
per day.
3. No van loading or unloading shall occur on 4th Avenue or Columbia
Street.
4. Vans must be assisted across the sidewalk by one or more spotters when
exiting the site.
5. Passenger vans containing a maximum of thirty (30) seats may be
permitted at the site.
6. The applicant shall maintain all necessary governmental approvals and
licenses required for the operation of a transportation business.
7. The special permit shall be null and void if a City of Pasco business
license is not continuously maintained.
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
March 21, 2013 meeting.
0
Land Use Item: Special Permit -Bus Terminal
Applicant: Griselda Melendez N
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MEMORANDUM
DATE: February 6, 2013
TO: Planning Commission
FROM: Rick White, Director
Community & Economic Development
SUBJECT: April 2013 Planning Commission Meeting
The regular scheduled Planning Commission Meeting of April 18, 2013 occurs on the same
day as the city -wide annual volunteer reception dinner. Most of the Planning Commission
has indicated that if the Planning Commission Meeting were moved to Thursday, April 25,
2013 they would be able to attend. If the Planning Commission concurs with the revision to
the April Planning Commission Meeting, the following motion should be made and
approved:
MOTION: I move to reschedule the April 18, 2013 Planning Commission Meeting to
April 25, 2013.
MEMORANDUM
DATE: February 6, 2013
TO: Planning Commission
FROM: Jeffrey B. Adams, Associate Planner
SUBJECT: Shoreline Management Act - Program Update
The Shoreline Management Act (SMA) provides a statewide framework for
managing, accessing and protecting shorelines, and is the fundamental
authority for developing, updating and amending Shoreline Management
Programs (SMPs). The SMA began with a 1970 citizen- initiated referendum
which was ultimately replaced by state - sponsored legislation and approved by
the electorate in 1972.
The SMA applies to major water bodies and their adjacent shorelands
throughout Washington State. The approximate 28,204 miles of shorelines in
the State include:
• Marine waters - 3,447 miles.
• Streams over 20 cubic feet per second mean annual flow - 21,645 miles.
• Water areas and reservoirs 20 acres and greater - 3,112 miles.
• Upland areas called shorelands that are 200 feet landward of the
Ordinary High Water Mark.
• All associated wetlands
Shoreline Master Programs are both planning and regulatory documents,
designed to carry out the policies of the Shoreline Management Act on local
shorelines. An SMP consists of a comprehensive use plan, use regulations,
maps, diagrams or other descriptive material, and a statement of desired goals
and standards. SMPs are based on state laws and rules and are tailored to
local geographic and environmental conditions and existing development
patterns.
The Shoreline Management Act required cities to review /update their Shoreline
Management Programs (SMPs) every eight years. According to this rotation the
City of Pasco is scheduled to update its SMP by 2014, with an optional 1 -year
extension (2015). The purpose of this eight -year review is to assure that the
SMP complies with applicable laws and guidelines and is consistent with the
City's comprehensive plan, development regulations and other local
regulations.
The overarching goal of the SMA is to prevent harm from uncoordinated and /or
piecemeal development along the state's shorelines.
Page 1 of 2
The SMA has three broad policies as outlined in RCW 90.58.020:
• Protect the environmental resources of state shorelines
• Promote public access and enjoyment opportunities.
• Give priority to uses that require a shoreline location.
All SMP comprehensive updates and other SMP amendments must be
consistent with these three basic policies.
The Department of Ecology is scheduled to present "SMP 101" presentation on
February 28, 2013 as a Planning Commission workshop. This presentation will
cover the following items:
• The importance of shoreline planning
• The background and regulatory context of shoreline planning
• What a Shoreline Master Program (SMP) is
• The purpose of the update
• An overview of the SMP Update process
• Public involvement requirements
• "Next steps"
The legislature established a grant program to fund SMP updates, which are
allocated by the Department of Ecology. Ecology staff members are the project
officers, working to ensure that local governments meet the grant
requirements. It is anticipated that funding for the City of Pasco SMP update
will become available in July of 2013.
Page 2 of 2
CITY OF
< PASCOJ
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The Shoreline Management Act of 1971
— Chapter 90.58 RCW -
In effect now for 40 years...
Response to an initiative, Legislature adopted an
alternative proposal that took effect June 1971.
Designed as a cooperative state /local partnership
X- '3i��'* N •
,PASO j' Legislative Findings
■ Shorelines are among the most valuable
and fragile of the state's natural resources.
■ Unrestricted construction on shorelines is
not in the public interest.
■ Coordinated planning is necessary.
■ Recognize and protect private property
rights consistent with the public interest.
(RCW 90.58.020)
F'�
CITY OF
PASCOI
Shoreline Guidelines
WAC 173 -26 (Part III) - Sets requirements for Shoreline
Master Program updates:
• Prescriptive in some cases
e.g. shoreline stabilization standards
• "Show your work" in other cases
— e.g. buffer size
must meet "no- net - loss " standard
• Requires extensive community involvement
• Requires coordination with local, state, federal, and
tribal governments
Im"W
CITY OF
PASCO
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No- Net -Loss of Shoreline
Ecological Functions
"No -net -loss of shoreline ecological functions"
is the environmental protection standard
updated S MPs must achieve.
• Avoid new impacts to ecological functions
• Maintain /improve existing shoreline functions
over time
CITY OF
Pasco i
Key Standards in Shoreline
Guidelines
■ Shoreline modifications (piers &
docks, bulkheads, riprap, fill e.g.)
■ Vegetation management,
buffers /setbacks
■ Critical area protections
■ Public access
TO Mr Cumulative ImpCITY OF
acts
pacts
"11,111111111111111111110 O
"Reasonably foreseeable" impacts to ecological
functions from new development allowed
by SMP, must be:
■ Evaluated and avoided where possible.
■ Unavoidable impacts must be minimized
and mitigated to satisfy the "no net loss"
standard.
C�� Restoration Planning
PASCO anning
IIL,'
Considering unique local circumstances, local
governments must:
■ Identify shoreline areas with impaired or
degraded functions.
■ Identify existing projects, programs & funding
sources that accomplish restoration.
■ Prepare "strategy" (goals, timelines,
benchmarks) that ensures restoration objectives
are met "over time ".
Restoration can offset impacts from new
development.
CITY OF
PA_SCO 1
Local Shoreline Master
Program
Principle vehicle for managing shorelines
The SMP consists of:
Shoreline environment designations
Goals, Policies, and Development Regulations
Maps
Permitting & Compliance
Must be consistent with the Shoreline Act
and the Guidelines