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HomeMy WebLinkAbout11-21-2013 Planning Commission Packet PLANNING COMMISSION - AGENDA REGULAR MEETING 7:00 P.M. November 21, 2013 I. CALL TO ORDER: II. ROLL CALL: Declaration of Quorum III. PLEDGE OF ALLEGIANCE: IV. APPROVAL OF MINUTES: October 17, 2013 V. OLD BUSINESS: VI. PUBLIC HEARINGS: A. Special Permit Detached Accessory Structure Height (Daniel Martinez) (MF# SP 2013-014) B. Rezone Rezone from RT (Residential Transition) to R-1 (Low- Density Residential) and R-2 (Medium Density Residential) (Nathan Machiela) (MF# Z 2013-005) C. Code Amendment Detached Accessory Structure Heights (MF# CA 2013-003) D. Code Amendment Special Permits for Auto Sales in C-1 (Retail Business) Zones (MF# CA 2013-006) VII. OTHER BUSINESS: A. Info Recreational Marijuana (MF# INFO 2013-003) VIII. WORKSHOP: A. Code Amendment Follow Through Highway Signage (MF# CA 2012- 011 IX. ADJOURNMENT: REGULAR MEETING October 17, 2013 PLANNING COMMISSION MEETING CALL TO ORDER: The meeting was called to order at 7:OOpm by Chairwoman Kempf. POSITION MEMBERS PRESENT MEMBERS ABSENT No. 1 Tim Hoekstra No. 2 Tony Bachart No. 3 Andy Anderson No. 4 Alecia Greenaway No. 5 Joe Cruz No. 6 Loren Polk No. 7 Zahra Khan No. 8 Jana Kempf No. 9 Paul Hilliard APPEARANCE OF FAIRNESS: Chairwoman Kempf read a statement about the appearance of fairness for hearings on land use matters. Chairwoman Kempf asked if any Commission member had anything to declare. There were no declarations. Chairwoman Kempf 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. APPROVAL OF MINUTES: Commissioner Greenaway moved, seconded by Commissioner Hilliard, that the minutes dated September 19, 2013 be approved as mailed. The motion passed unanimously. WORKSHOP: A. Code Amendment Detached Accessory Structure Heights IMF# CA2013-0031 Chairwoman Kempf read the master file number and asked for comments from staff. Rick White, Community 8s Economic Development Director, discussed the code amendment for detached accessory structure heights. After considerable discussion with the Planning Commission in 2012 and 2013, staff developed exceptions to the previous height limitations for accessory structures in the RS-20 and RS-12 Zones that were incorporated into the last zoning code amendment. Those amendments allow a height of greater than 18' by special permit only. Criteria was developed under the sections noted in the staff report for considerations for the height exception. -1- Based on the Planning Commission's directions over the past couple of workshops, staff has developed a proposal similar to what's in place for the RS-20 and RS-12 Zones that would apply to the RS-1, R-1, R-2, R-4 and R-4 Zones. It allows in the RS- 1 and R-1 Zones, a height over 18', provided a special permit is obtained using the criteria noted in the staff report and in the R-2, R-3 and R-4 Zones it allows for a height of over 15' through special permit based on the same criteria. Based on discussion and direction from the Planning Commission, staff used a base lot size of 12,000 square feet for all of the Zoning Districts for this provision to apply and has also prepared a draft ordinance that accommodates the table contained on the first page of the staff report. Chairwoman Kempf stated that the Planning Commission was ready to move forward with this code amendment. There were no further comments. B. Code Amendment Special Permits for Auto Sales in C-1 (Retail Business) Zones (MF# CA2013-006) Chairwoman Kempf read the master file number and asked for comments from staff. David McDonald, City Planner, discussed the code amendment for special permits for auto sales in C-1 (Retail Business) Zones. Mr. McDonald stated that in previous discussion on this code amendment centered upon keeping the special permit requirements for auto sales in areas of the community that have been "skipped over" for development, particularly those areas east of Highway 395. Examples were presented at the last meeting of vacant lots that had benefited from the use of the current provisions within the code. There was some discussion from the last meeting related to the need to provide a definition for "under- utilized property". Staff included a definition in the proposed code amendment, stating, Under-utilized property would be defined as vacant land or land with one or more vacant buildings which have been vacant for the past 10 consecutive years. There was also previous discussion regarding opportunities for automobile sales in other parts of the community and not just restricting automobile sales to the geographical area east of Highway 395. For discussion purposes, Staff prepared code language that would allow new auto dealerships on under-utilized property within a certain distance of both of the interchanges along I-182. Mr. McDonald asked for direction from the Planning Commission. Commissioner Hilliard asked if the land is vacant if a dealership could be placed on the property in the areas specified. Mr. McDonald answered yes, the land would have to be vacant and in the areas shaded on the map. Commissioner Hilliard stated that his vision would be to allow for showrooms along -2- the Road 100/I-182 corridor. He thinks that the areas on the maps that staff prepared are good areas to allow for auto sales. Commissioner Polk agreed with Commissioner Hilliard and liked the definition for "under-utilized" property. She asked where the 300 feet of separation between existing car lots came from and if it has ever been a greater amount of distance. Mr. McDonald responded that the 300 feet of separation could be changed. It is currently in the code as 300 feet, has been there for many years, and that is why that number was used. It is the typical distance used for notification for rezones or special permits. Commissioner Anderson stated he didn't have an issue with the 300 feet of separation between car lots. He asked how 8,000 square feet was determined to be the minimum for the required on-site building. Mr. McDonald answered that 8,000 square feet is actually typically smaller than most on-site buildings for car lots. Eight thousand square feet would be large enough to have the repair facilities, a showroom and offices but not too large to make it over- burdensome but still have significant development with the car lot. Chairwoman Kempf asked for the zoning near Tri-Cities Prep and Road 100. Mr. McDonald answered that it is zoned CR (Regional Commercial) which allows auto sales, RV. Chairwoman Kempf asked for clarification from staff on what is being proposed. Mr. McDonald responded that what staff is proposing in the I-182 Corridor Area would allow new auto dealerships on vacant lots in C-1 zones. The proposal would encourage the reuse of properties in the older areas that have been skipped over by development whereas the corridor area is still developing and the development there should be new and substantial-more than just paved lots with a few cars. Chairwoman Kempf stated that the Planning Commission is in agreement of the proposed code amendment. There were no further comments. COMMENTS: With no further discussion or business, the Planning Commission was adjourned at 7:19 p.m. Respectfully submitted, Dave McDonald, City Planner -3- REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2013-014 APPLICANT: Daniel Martinez HEARING DATE: 11/21/2013 5417 Dradie Street ACTION DATE: 12/19/2013 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Detached garage height increase in an RS-20 (Suburban) Zone 1. PROPERTY DESCRIPTION: Legal: Lot 9, Bosch Estates General Location: 5417 Dradie Street Property Size: The parcel is approximately 1 acre. 2. ACCESS: The site is accessible from Dradie Street. 3. UTILITIES: Municipal utilities currently do not serve the site. Water from the FCID irrigation canal is currently available to the site. 4. LAND USE AND ZONING: The site is currently zoned RS-20 (Suburban) and contains a single family residence. Surrounding properties are zoned and developed as follows: NORTH: RS-20 - Single-Family Residence SOUTH: RS-20 - Single-Family Residence EAST: RS-20 - Single-Family Residence WEST: RS-20 - Single-Family Residence 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Low-Density 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 Mr. Daniel Martinez has applied to construct a detached residential garage in excess of the eighteen (18) foot height maximum listed in the RS-20 zoning district [PMC 25.22.030(1)]. Pursuant to PMC 25.22.030(1), detached residential garages are permitted to be up to 18 feet in height and greater 1 heights may be approved by special permit. It should be noted that structure heights are measured at the mid-point of the roof which is half way between the roof eve and the roof peak. For the purpose of this report the terms "garage" and "shop" are used interchangeably. The applicant is requesting to exceed the 18 foot height limit by 5.5 feet for a structure height of 23.5 feet (at mid-roof). The peak of the structure is proposed to be 27 feet tall as measured from the top of the structures' foundation. The purpose of the additional height is to meet the applicants' desire for a "bonus room" directly above a portion of the garage. Typically, the bulk of a garages' floor area tends to be occupied by the storage of vehicles, equipment, tools and like items. A bonus room provides the owner with additional space to conduct less intense activities which may be best performed outside of the home. A bonus room can be heated more efficiently than a garage, providing the owner with a place to work on more garage- appropriate projects during colder months. Garages with bonus rooms are commonly permitted in Pasco; the matter of land use is not the subject of the current application. The garage will be 1,800 square feet in floor area. Exterior finishing treatments include stucco walls, 16-inch overhanging roof eves, windows and an asphalt shingled roof. All exterior treatments are designed to match the exterior of the applicant's house. As indicated in the attached site plan (Exhibit `1') the garage is proposed to be located 186 feet from the front (south) property line, ten (10) feet from the west (side) property line and sixty two (62) feet from the north (rear) property line. For accessory structures in the RS-20 zone, ten feet is the minimum side yard setback and ten (10) feet is also the minimum rear setback. The proposed location meets the minimum side yard setback requirement and exceeds the minimum rear yard setback by six-fold. There is a modest elevation difference between the front yard of the applicant's property and the rear yard. Dradie Street is a little over 407 feet with the lowest point in the rear yard at about 396 feet above sea level. The garage will be located in the rear yard at an elevation of about 402 feet, or 5 feet lower than the elevation of Dradie Street. The lots to the east rise in elevation to just over 412 feet while the lots to the west decrease in elevation. The intersection of Dradie and Road 56 is about 406 feet. Road 56 drops 3 feet to 403 for most of the distance to Argent Road. The elevation of the garage site may assist with attenuating the height of the proposed garage particularly from properties to the south and east. The proposed garage will be located in a neighborhood zoned RS-20 containing lots that range from half-an-acre to one-acre in size. The nearest house to the east is located 156 feet from the proposed garage. The nearest house to the west is 186 feet away (also the minimum separation as required by setback) 2 and the house to the north is 210 feet away. Two garages/shops which are about 1,500 square feet in size are located in the rear yards of the two lots immediately to the west; with the nearest shop being located 30 feet to the west. The size and location of the neighboring shops will assist in providing some shielding of the proposed shop from the neighborhood. The relatively large separation distances from the neighboring homes will also provide some amelioration of the height of the proposed garage. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The parcel is approximately 1 acre in area. 2. The site is zoned RS-20 (Suburban). 3. Neighboring lots range in size from a 1/2 acre to one acre. 4. The subject site was annexed into the city earlier this year. S. The site fronts and is accessed by West Dradie Street. 6. The proposed garage will be located 186 feet from Dradie Street, 62 feet from the rear lot line and 10 feet from the west lot line and 107 feet from the east lot line. 7. The structure (located 30 feet to the west) nearest to the proposed garage is a 1,496 square foot garage. The nearest house is 156 feet to the southeast. The house directly to the west is 185 feet away and the house to the north is 210 feet north of the proposed garage. 8. The proposed garage is 1,800 square feet. 9. The house on-site has a floor area of 3,367 square feet. 10. Structure height is measured at the roof mid-point. 11. Pursuant to PMC § 25.22.030(1) the maximum height of detached structures in the RS-20 zone is eighteen (18) feet. 12. Pursuant to PMC § 25.22.030(1) detached shops and garages exceeding eighteen (18) feet in height may be approved by special permit. 13. The shop is proposed to be 23.5 feet tall as measured at the roof mid- point. The request is to exceed the listed height maximum by 5.5 feet. 14. The average height of the home on-site is 22 feet. 3 15. The elevation of Dradie Street directly in front of the applicant's lot is 407.4 feet above sea level. The garages' proposed location is about 402 feet in elevation. 16. The intersection of Dradie Street and Road 56 is about 406 feet above sea level. Road 56 decreases in elevation toward Argent Road. Most of Road 56 is around 403 feet in elevation. 17. The RS-20 zone requires minimum side and rear yard setbacks of ten (10) feet each. 18. The RS-20 zone allows homes to be up to thirty five (35) feet in height. 19. The proposed shop will have exterior finishes matching the home. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? Though the Plan does not specifically address detached residential shops and garages, Plan Policy H-4-A encourages innovative techniques in the design of residential neighborhoods to provide character and variety in the community. The availability of the special permit review process to increase shop and garage heights is a new zoning technique aimed at providing a location specific evaluation of such requests. No aspect of the application conflicts with the Comprehensive Plan. (2) Will the proposed use adversely affect public infrastructure? The shop will be permitted to be 1,800 square feet in floor area regardless of the outcome of the request to increase the allowed height. The shops' use will remain residential in nature independent of its' vertical height and in no case should the shop negatively impact any public infrastructure. The neighborhood does not have curbs, gutters or sidewalks and is not served by municipal sewer (a truck line is located in Argent Road). There is a water line in Dradie Street but, many of the homes in the neighborhood are not connected to it. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The RS-20 District provides a low density residential environment permitting two dwelling units per acre. The general neighborhood is developed with single- 4 family residences on large suburban lots with a 1/2 acre of land. The applicant's immediate neighborhood area contains one acre lots. Residents in this part of the community commonly request building permits for large detached shops and garages which approach or arrive at the maximum allowances in terms of height and floor area. Many owners of RS-20 (and RS-12) zoned properties have substantial shops/garages. Structures similar to the one being proposed are a common part of the neighborhoods' existing character. Of all of Pasco's residential zones, the RS-20 zone permits the largest detached shops and garages in terms of height and floor area. The proposed garage will be built with exterior finishes and roofing to match the details on the applicant's home. These design standards will cause the garage to be built in harmony with the existing character of the neighborhood. (4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof The RS-20 zone allows homes to be constructed up to thirty five (35) feet tall measured at the roof mid-point. The 35-foot height limit could very well result in a home which is forty (40) feet tall measured at the peak. Said home height can be regularly permitted administratively without special permit review. The requested 23.5 foot height is approximately equal to the height of many of the surrounding homes. Given the relatively large physical separation between homes in this part of the community, the taller shop will not appear to tower over an immediately neighboring home. The immediate and general vicinity is residential in nature with single-family homes and large accessory structures built on 1/2 to one-acre lots. The nearest house to the east will be located 156 feet from the proposed garage. The nearest house to the west is 186 feet away and the house to the north is 210 feet. Two garages/shops of about 1,500 in size are located in the rear yards of the two lots immediately to the west with the nearest shop being located 30 feet to the west. The proposed garage will be designed and built to be in harmony with the fully developed neighborhood. The location of the garage on the lot about 5 feet lower than Dradie Street and significant space exists between the garage and neighboring houses. (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? 5 It is unlikely that there will be any difference in terms of use between the shop as a single-story and two-story version of the same shop. Staff sees no reason why structure height would increase the potential for objectionable effects such as noise, fumes, vibrations, dust, traffic or flashing lights. The use of the site will remain low-density single-family residential. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way become a nuisance to uses permitted in the district? Requirements of the International Building Code will ensure the garage will be built to conform to all public health or safety standards. The building code standards couple with the location on the site (lower elevation, rear yard location large separation from other buildings) and design standards for exterior treatment will ensure the garage will not be a nuisance to the neighborhood. SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS BY PLANNING COMMISSION FOR SHOPS/GARAGES. In addition to making and entering conclusions from the record for special permits based on the criteria in 25.86.060 the Planning Commission shall consider the following for special permits dealing with increased heights for detached shops and garages: (1) Will the shop/garage match the principle structure in design and exterior treatments such as roofing materials, siding, color, window and door openings, eave overhangs,fenestrations and other architectural features? Residential detached shops and garages are required to have siding and roofing materials matching the home at least in color; the proposed shop is no exception. The roof will have asphalt roof shingles and 16-inch overhanging roof eaves. Exterior walls will be treated with a stucco finish and will contain windows on all sides. Both stucco and shingles will match the home in color. (2) Will the existing topography and elevation of the site and surrounding property exacerbate or attenuate the height of the proposed shop/garage? There is a modest elevation difference between the front yard of the applicant's property and the rear yard. Dradie Street is a little over 407 feet in elevation with the lowest point in the rear yard at about 396 feet above sea-level. The garage will be located in the rear yard at an elevation of about 402 feet, or 5 feet lower than the elevation of Dradie Street. The lots to the east rise in elevation to just over 412 feet while the lots to the west decrease in elevation. The intersection of Dradie and Road 56 is at about 406 feet in elevation. Road 6 56 drops 3 feet to 403 for most of the distance to Argent Road. The elevation of the garage site may assist with attenuating the height of the proposed garage particularly from properties to the south and east. The top of the shops' floor slab will be about 5 feet higher than the remaining portion of the applicant's rear yard and about five feet higher in elevation than the neighboring yard to the north. The foundation and slab location were chosen to keep the shops' entries level with the gradual slope from the front yard. The exposed foundation wall has been built out of necessity and practicality and not as a way to achieve a taller structure. Based on the configuration of the shops' existing foundation, the existing grade may in fact exacerbate the effect of the increased structure height as viewed by the adjacent neighbor to the north. Fortunately, the northern neighbor's home is over 200 feet away from the proposed shop. The shop is also set 62 feet north of the rear property ensuring there will be no shadows cast on the neighboring property to the north. (3) Will the proposal include landscaping features or berms to ameliorate the height of the shop/garage? There are no landscaping features indicated on the proposed site plan. The applicant plans to restore disturbed areas around the shop with lawn. (4) Will the shop/garage be erected on the property utilizing minimum setbacks? Based on the site plan (Exhibit `1') the shop will be placed exactly on the minimum ten (10) foot side setback line. In this case the shop is being kept close to the home which is toward the front of the lot. Placing the shop closer to the road accommodates the driveway better and increases the proposed rear setback to over sixty (60) feet, while the minimum rear setback is only ten (10) feet. (5) Is the site larger than the minimum lot size requirement for the zoning district? The RS-20 zone requires parcels be a minimum of 20,000 square feet. The site is 45,384 square feet; over twice the minimum area. Larger lots allow for the provision of greater setbacks. This concept is the reason that the RS-20 zone has ten foot minimum side and rear setbacks instead of the five foot setbacks used in higher density single-family residential zones. TENTATIVE APPROVAL CONDITIONS 7 1. The special permit shall apply to Franklin County tax parcel # 118-511- 104, addressed 5417 W. Dradie Road; 2. The garage must be developed in substantial conformance with the site plan and elevations submitted with this special permit application and as referenced herein as Exhibits 1 through 4; 3. The garage shall not exceed 23.5 feet in height as measured at the mid- point of the roof; 4. The exterior garage walls must be treated with stucco of a color matching the exterior wall color of the home on-site; 5. The garage roof shall be treated with asphalt shingles of a color matching the roof of the home on-site; 6. The garage elevations must be in substantial conformance with the elevations indicated on `Exhibit 2'. 7. The special shall be null and void if a building permit has not been obtained by January 1, 2015. RECOMMENDATION MOTION: I move to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the December 19, 2013 Planning Commission meeting. 8 Vicinit y Item: Martinez Shop Height Applicant: Daniel Martinez N Map File #: SP2013 -014 ARGENT RD NZp 1 Y now, SITE �A 411.f `. �: A6 , City Limits VL PW N ,. x IV p` 1 > C Land Use Item: Martinez Shop Height Ma p Applicant: Daniel Martinez N File #: SP2 013 -014 ARGENT RD Suburban Residential SIT o C x City Limits W DRADIE AVE Suburban Residential o v o a U N Q Q O Zonin g Item: Martinez Shop Height Applicant: Daniel Martinez N Map File #. SP2013 -014 ARGENT RD RS-20 Suburban City) SIT o C City Limits W DRADIE AVE RS-20 Suburban v o Count a v N Q Q a � �`-� �r• � 7 �' r 1 �_" s \fir i '��� .h' '�� `w• �a+.�.y.p�, -.� iit �. 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PA500I WA DANNY MARTINEZ 5HOP PLOT PLAN rn�Aiw sr: MARK JOHN50N DE5IGN5 ING. SGAlE: DALE: S . I'=40' 11/29112 HT rwLae A:4r ame TO nATCaI Wu5E7 14 STKSC EM9UOR � � ��,J 00 MATCH HCUWJ 79'O` BYUZCO EX7ERICR rra MAf-Hft6FJ 30,0" FE-11 FI-111 FRONT ELEVATION LEFT ELEVATION JLALl�Snb'�'i' SCAM em"W-0' FED FLEI MC40 a Seale K6 fifrxUf 7A%'MSE7 (xb Fy194wi HAW EE 17E RIGHT ELEVATION SACK ELEVATION xALE sne.r 5:AL6 5W-110• Danny Martinez 6araga ELEVATIONS Ism, MARK JOHWOK DESIGNS ING. xua i I -----�---------------------------------------------------------------- -------------- STEP FWNR y STEP FOOTING 4 � � I i I t I G -------- iHICKElE6 SLAB A•coHC az'-6• � ` E BLm OUT rm BLOCK 2'„B• +� L 1Y o1EB11Etie I 0WI CAD , - — — - ------------------------- (a1 STHHDT4 2 snw16 ------------ - z smoiE H 11-6' M-G, � 6-c FOUNDATION PLAN SCALE: 1/4'-T—u- 04 AT w GG 1 STRUCTURAL NOTES: A. ALL STRUCTURAL CGNCREIE SHALL HAVE A NDRLIAL COMPRESSWE STRENGTH OF 2SRG 04 AT 14°6C ]'_C_ PSI AT 26 DAYS. SLuw sH K BETWEEN 2 AND 4 INCHES. CEMEMT SRHAAL BE Sf�llARE F007AGF —. B_O+ PC LAN FOR CEMENT ly'EOR IL EMomrD"SF BE Bum"i AND 6 2. RUNFORCIM STEEL SHALL t0NFOF6a TO THE REOVKMENTS OF ASIM A615,GR.W w. CONCRETE OVJER FOR REINFORCEMENT"LL BE PER PARR 7.2,1 OF ACI 3T6. LIAR!FLGLR 1,800 SO,F1. /i AT REPIFARCEMERT SHALL BE OCFLIINNOUS BENT AROUNo CORNERS,OR CGRNER BIBS 1i•OC OF THE SAME 512E MAT R€MSTALLEG WITH A MINIMUM LEO LENGTH THAT ODMFGRMs TG THE ACI 318.GAS$B SPLCU. 3. WALLS SHILLL BE CGNSFRLrTED OF 2x6 OOUGLAS AR 12 OR BE71R GTUOS AT$6' OC.NTIN A SINGLE PRESSURE TREATED BOTTOM PLATE AND DOUBLE TIIP PLAT [6a 6 CONE cLR T-e. s-63 y�4iart o DANNY MARTINEZ FOUNDATION MONEY FLOOR PLAN 7L6ow LTTH AYE. d1A�f R* RETAINING WALL j EE% MARK JOHNSON DESIGNS INC. 'f2�'1,1°_ IO.Ayd MW.RS 3476 PH aui, 61E SNf. INC` o1.rm3o6 Nx soraL tonsn3 2 1 !f:f FIST I r.rr � y� LUMI ro' BATN i $ I I q'.a• i 19'4' 2M 1'=DTW gI I L6 I I I I 3� @6''Q• F 14'9LI SfAaJ^,FL1k7R M1 In j MT5 nT fb'{a: I � w run HI-SAY/WEA 4•PIA}'IR! !Opal TOLOWU R W MLIMW WWI% l6't[ILIN3/ I � IL'•&' PRC�Il616dFm -S• � 1�A 5 AT •OG I Rd'GC T Ni ILIN61 S[R!'141.1. Faw I t f 1 I I 'r I 16'-C 1 f f P/ •4�` 76'4• �'-0• I / lako°arourtio Y ff f r M417 caw •` i �' 1 1 ae MAIN FLOOR PLAN SECOND FLOOR PLAN SGAlL•7K'+I'd' 9CJ11'�IH••1'4' 6'C MAIN FLOM IW 50,FT. 9ECOW FLOOR V 5Q.FT. }Ifs t3rrN Pmrg MPrf lez GLYC7g0 PLWR PLAN Z, J awR6. MARK JOHNWN M51M II WAL o� art, i IIP�72 REPORT TO THE PLANNING COMMISSION MASTER FILE NO. Z 2013-005 APPLICANT: Nathan Machiela HEARING DATE: 11/21/13 2464 SW Glacier Place STE# 110 ACTION DATE: 12/19/13 Redmond, OR 97756 BACKGROUND REQUEST: REZONE Rezone from RT (Residential Transition) to R-1 (Low- Density Residential) and R-2 (Medium-Density Residential). 1. PROPERTY DESCRIPTION: Leal: The east 822 feet of Franklin County tax parcel #116-020-010; lying south of Powerline Road, west of Convention Drive and north of Sandifur Parkway. General Location: The northwest corner of Sandifur Parkway and Convention Drive Property Size: The parcel is approximately 48 acres. 2. ACCESS: The property will have access from Powerline Road to the north, Convention Drive on the east side, and Sandifur Parkway to the south. 3. UTILITIES: All utilities are available to the site. Utilities will need to be extended into the site prior to development. 4. LAND USE AND ZONING: The site is currently zoned RT (Residential Transition) and is vacant. The site is being used for agricultural production. Surrounding properties are zoned and developed as follows: North RS-40 (County) - SFDUs South RT and C-1 - Vacant/Commercial Businesses East R-1 - SFDUs West RT - Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates 2/3 of the site for Low-Density Residential uses and 1/3 of the site for Mixed Residential uses. Land Use Policy LU-3-13 encourages "infill" development. Other goals and policies suggest the City permit a full range of residential environments including single family homes (H-2-A) and standards that control the scale and density of accessory buildings and homes to maintain compatibility with other residential uses (H-4-13). 1 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 in question was annexed to the City in 1982 and continues to operate as a farm circle within a corridor of commercial and residential development. The applicant is requesting a rezone for the subject property to allow both single-family residential development and multi-family development on lots ranging in size from 5,000 square feet to over 7,200 square feet. This rezone request is consistent with densities in the Three Rivers Crossing subdivision to the east. Lots within the Three Rivers Subdivision also range in size from 5,000 square feet to well over 7,200 square feet. While the R-2 zoning would allow for multi-family units, The developers intend to build single-family dwellings; however, the R-2 zoning requested for the lower 1/3 of the property would allow the development of duplexes and other multi-family structures depending on final lot configuration. Higher density development would be appropriate along the lower 650 feet of the property which is located functionally convenient to two major streets, and is near commercial development and land designated for commercial and higher-density residential development. Following the publication of the initial public notice for the rezone hearing, staff met with the applicant to discuss the need for submitting a follow-up application for a preliminary plat. In reviewing options for the plat it was realized that the size of the rezone proposal was not large enough to properly accommodate reasonable lot depths for some of the proposed lots. As a result the overall site area will need to be 12 feet wider than the original proposal. The site will need to extend 822 feet west of Convention Drive rather than 810 feet as originally proposed. The applicant has modified his rezone request to include the additional 12 feet and staff has corrected the public notifications. Although substantial conformance with the notification process has been achieved, staff is recommending the hearing on this matter be continued to the December 19, 2013 meeting to allow a full 10 days to transpire between the last public notice and the hearing. The City's land use plans for the past 30 years have indicated the property in question should be utilized for both Low-Density Residential and Mixed Residential uses. The "Description and Allocation of Land Uses" table in the Land Use Chapter of the Comprehensive Plan indicates the Low Density Residential classification permit's single-family zoning with densities ranging 2 from 2 to 5 dwelling units per acre, while the Mixed Residential classification permit's single-family through multi-family zoning with densities ranging from 5 to 20 dwelling units per acre. Following the direction of the land use plan, most of the community's residential development over the last two decades has occurred in the I-182 corridor. Rezoning the site would support past community development efforts related to infrastructure improvements. The applicant is seeking a zone change from RT (Residential Transition) to both R-1 (Low-Density Residential) to match the zoning of the single-family to the north and east, and R-2 (Medium-Density Residential) on the south portion of the property with higher densities close to the commercial development to the south and west. The R-1 zone allows for up to one dwelling per 7,200 square feet and building heights up to 25 feet without a special permit, while the R-2 zone allows for up to one dwelling per 5,000 square feet and building heights up to 25 feet without a special permit. Both zones allow for up to 40% lot coverage. R-1 zoning permits up to 4.5 dwelling units per net acre and R-2 up to 6.5 units, after accounting for the areas occupied for public roadways. The proposed rezone will essentially facilitate a residential infill development that is encouraged by the Comprehensive Plan (LU-3-B). The R-1 and R-2 zoning will permit the development of single-family homes at a scale and density to match the scale and density of neighboring developments. 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 have been zoned to R-1 and developed with single-family residences; properties to the south and west have been rezoned to C-1 and developed with commercial enterprises. Changed conditions in the neighborhood include installation of all utilities in the surrounding subdivisions as well as the construction of homes, apartments and commercial buildings nearby. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The rezone will facilitate the development of new single-family dwellings in a safe and sanitary development providing housing for Pasco residents. 3. The effect it will have on the nature and value of adjoining property and the Comprehensive Plan: 3 Based on past experience with rezoning vacant land adjacent to existing subdivisions, and evidence provided by tax records of Franklin County, the proposed rezone will not negatively impact adjoining properties. Rezoning the property will assist with the implementation of the Comprehensive Plan. 4. The effect on the property owners if the request is not granted: If the request is not granted it is probable the property will continue to remain vacant and/or farmed. S. The Comprehensive Plan land use designation for the property: The Comprehensive Plan designates the site for both Low-Density and Mixed Residential uses which include single-family dwellings. The proposed rezone is consistent 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 RT (Residential Transition) and has been zoned RT for approximately 30 years. 2. The site borders RS 40 (County) zoning to the north, R-1 Zones to the east, and RT/C-1 zoning to the south and west. 3. The Comprehensive Plan designates the site for both low-density and mixed residential uses (north 2/3rds and south 1/3rd of parcel, respectively). 4. The Three Rivers Crossing subdivision to the east was rezoned from R-1 (Low Density Residential) with conditions to R-1 (Low Density Residential) with a concomitant agreement for single-family development in in 2003. S. Two streets (Sandifur Parkway and Convention Drive) now border the property, neither of which are fully developed. 6. Power and water are available to the property from Convention Drive, however sewer will need to be extended from Clemente Drive located to the south of the property. 7. The site is vacant and is being used for agriculture. 8. The site was annexed by the City of Pasco in 1982 (Ordinance No. 2388). 9. Applicant is requesting a change of zoning from RT to R-1 and R-2. 10. The R-1 zone allows one dwelling per 7,200 square feet of land permitting net densities of 4.5 dwelling units per acre. 11. The R-2 zone allows one dwelling per 5,000 square feet of land permitting net densities of 6.5 dwelling units per acre. 12. Both the R-1 and R-2 zones allows for building heights up to 25 feet without a special permit. 4 13. The rezone will facilitate an infill development which is encouraged by the Comprehensive Plan. 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 the Comprehensive Plan Land Use Map and several Plan policies and goals. Land Use Policy LU-3-B encourages "infill" development while H-2-A suggests the City permit a full range of residential environments. Housing Policy (H-B-A) encourages standards that control the scale and density of accessory buildings and homes to maintain compatibility with other residential uses. The zoning standards for the north 213rd of the proposed rezone would be similar to the standards for the single-family portion of the Three Rivers Crossing subdivision to the east. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The proposed zoning with a combination of R-1 and R-2 zoning will permit development of the site to match the development density in the Three Rivers Crossing development to the east. Three Rivers Crossing was a planned density development with lot ranging in size from 5,000 square feet to over 7,200 square feet. Based on past experience with rezoning and development of vacant land adjacent to existing subdivisions, and evidence provided by tax records of Franklin County, the proposed rezone will not be materially detrimental to the immediate vicinity. 3. There is merit and value in the proposal for the community as a whole. Adjacent residential development to the east and commercial to the south and west, as well as growth within the City make the zone change appropriate, timely and consistent with the City's Comprehensive Plan. The rezone will facilitate a residential infill project that will utilize the existing traffic circulation system and utility systems. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. No special Conditions would be required. 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. 5 RECOMMENDATION MOTION: I move to continue the hearing on the proposed rezone to the December 19, 2013 meeting. 6 Hayden Vicini Item: Rezone RT to R- I and R-2 *ty A plicant:Ma P File Z • 0 2013�-005 - }� ... . U r o. 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'�.� - •yw ai, may, . , ► ! r . � Cam. �+g ` ♦�'- .1 -3j,►F '! P. �Kye ii f�'9/r Q '�+ - .j �I SaN ' r�-,�+`. ,f�%'� .�'i� '�`''.' �h �*����� �� +ro .s - - grl• "�' �t �„}- � '�.�!'� ��� ,�" °�,._ �,,�,..n1 � M1#y", 4 MEMORANDUM DATE: November 21, 2013 TO: Planning Commission FROM: Shane O'Neill, Planner I SUBJECT: Detached Shop/Garage Height (MF# CA 2013-003) Based upon a series of Planning Commission Workshops dealing with the maximum allowed height(s) of detached shops and garages, staff has prepared Code language. The code amendment will affect properties zoned RS-1, R-1, R- 2, R-3 and R-4 which are 12,000 square feet or greater by providing special permit review for requests to exceed the listed height maximums for detached shops and garages. The minimum land area requirement of 12,000 square feet was chosen to create consistency with existing language of the RS-20, RS-12, RS-1 and R-1 zones. Also, reference to the Supplemental Findings of Fact and Conclusions by Planning Commission for Shops/Garages has been added in each respective zone. The Ordinance is attached. Findings of Fact 1) The proposed code amendment will not adversely affect public infrastructure. 2) Design review for detached shops and garages requesting to exceed the listed maximum height will occur during the special permit review process to ensure that proposals will be constructed, maintained and operated in harmony with the existing or intended character of the general vicinity. 3) Supplemental special permit review criteria (PMC 25.86.065) will be used to ensure that the location and height of proposed structures and the site design will not discourage the development of permitted uses on property in the general vicinity nor impair the value thereof. 4) Existing land use regulations contained in the code language of each zoning district are designed to ensure the operations in connection with the proposal will not be more objectionable to nearby properties by reason of noise, fumes, vibrational, dust, traffic or flashing lights than would be the operations of any permitted uses within the district. The I potential for said impacts will be specifically reviewed during the special permit review process for each application. No amendments to the permitted uses listed in each zone are proposed. 5) Additional accessory structure height is not likely to endanger the public health or safety nor is it likely to in anyway become a nuisance to uses permitted in the district. Recommendation MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the November 21, 2013 staff memo on the residential detached shops and garages. MOTION: I move the Planning Commission recommend the City Council adopt the proposed Code Amendment making provisions to increase the maximum height of residential detached shops and garages. 2 ORDINANCE NO. AN ORDINANCE relating to zoning and amending PMC Title 25 dealing with the height of shops and detached garages in R-S-1,R-1, R-2, R-3 and R-4 Districts. WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and ensure the public health, safety and welfare are maintained; and, WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and development of the City; and, WHEREAS, from time to time, the City Council causes the zoning regulations to be reviewed to ensure they fulfill their intended purposes; and, WHEREAS, the City Council has determined that to further the purposes of maintaining the public health, safety and general welfare community, it is necessary to amend PMC Title 25; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 25.22.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.22.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-S-20 suburban district: (1) Detached residential garages as defined in Section 25.12.200, provided they do not exceed the height of 18 feet and are no larger than 1,600 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 by 400 square feet. A greater height may be approved by special permit based upon the review criteria listed in Sections 25.86.060 and 25.86.065; (2) Home occupations as defined in Section 25.12.220; (3) Storage buildings cumulatively not exceeding 480 square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted. For each additional 20,000 square feet of lot area, the gross floor area of storage sheds can be increased by 400 square feet; (4) Agricultural uses (limited), as defined in Section 25.12.040, (except that the keeping of animals shall be permitted on parcels consisting of ten thousand (10,000) square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel); (5) One animal unit (as defined in Section 25.12.065) shall be allowed for each full ten thousand square foot increment of land over and above an area equal in size to 12,000 square feet set aside for the dwelling on the same parcel; provided that all barns, barnyards, chicken houses, or corrals shall be located not less than twenty-five feet from a public roadway and not less than ten feet from any adjoining 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; Page 1 of 6 (8) Accessory dwellings. (9) Family home preschool in conformance with PMC Chapter 25.66; and (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 all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any property line, may not exceed six (6) feet in height and thirty (30) square feet in size, and must be located behind the rear line of the dwelling. Property owners shall not allow such structures to become a nuisance due to noise or odor. Section 2. That Section 25.24.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.24.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-S-12 suburban district: (1) Detached residential garages as defined in Section 25.12.200, provided they do not exceed 18 feet in height and 1,200 square feet in area. For each additional 12,000 square feet of lot area, the gross floor area of detached shops and garages can be increased by 260 square feet. A greater height may be approved by special permit based upon the review criteria listed in Sections 25.86.060 and 25.86.065; (2) Home occupations as defined in Section 25.12.220; (3) Storage buildings cumulatively not exceeding 260 square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted. For each additional 12,000 square feet of lot area the gross floor area of storage sheds can be increased by 260 square feet; (4) Agricultural uses (limited), as defined in Section 25.12.040, (except that the keeping of animals shall be permitted on parcels consisting of ten thousand (10,000) square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel); (5) One animal unit (as defined in Section 25.12.065) shall be allowed for each full ten thousand square foot increment of land over and above an area equal in size to 12,000 square feet set aside for the dwelling on the same parcel; provided that all barns, barnyards, chicken houses, or corrals shall be located not less than twenty-five feet from a public roadway and not less than ten feet from any adjoining 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; (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 allowed. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any property line, may not exceed six (6) feet in height and thirty (30) square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops Page 2 of 6 adjacent an alley may be placed within five (5) feet of the alley line provided there are no openings in the wall parallel to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor; and (10) Family home preschool in conformance with PMC Chapter 25.66. Section 3. That Section 25.26.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.26.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-S-1 suburban district: (1) Detached residential garages as defined in Section 25.12.200,provided they do not exceed 15 feet in height and 1,000 square feet in area; except on lots that are 12,000 square feet or more the height may be increased by 3 feet and the area may increase by 200 square feet;. On lots over 12,000 square feet in area detached residential ag_rages in excess of 18 feet in height y be permitted by special permit based upon the review criteria listed in Sections 25.86.060 and 25.86.065; (2) Home occupations as defined in Section 25.12.220; (3) Storage buildings cumulatively not exceeding 200 square feet of gross floor area and fifteen feet in height;provided no container storage, as defined in Section 25.12.430,will be permitted; (4) Agricultural uses (limited), as defined in Section 25.12.040, except that the keeping of animals shall be permitted on parcels consisting of ten thousand(10,000) square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel; (5) One animal unit(as defined in Section 25.12.065) shall be allowed for each full ten thousand square foot increment of land over and above an area equal in size to 12,000 square feet set aside for the dwelling on the same parcel,provided that all barns,barnyards, chicken houses, or corrals shall be located not less than twenty-five feet from a public roadway and not less than ten feet from any adjoining or abutting property held under separate ownership, and 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; (8) Accessory dwellings; (9) Family home preschool in conformance with PMC Chapter 25.66; (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 all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten(10) feet from any property line, may not exceed six(6) feet in height and thirty(30) square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops adjacent an alley may be placed within five(5) feet of the alley line provided there are no openings in the wall parallel to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor. Page 3 of 6 Section 4. That Section 25.28.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.28.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-1 low density residential district: (1) Detached residential garages as defined in Section 25.12.200, provided they do not exceed 15 feet in height and 1,000 square feet in area; except on lots that are 12,000 square feet or more the height may be increased by 3 feet and the area may increase by 200 square feet;. On lots over 12,000 square feet in area detached residential garages in excess of 18 feet in height may be permitted by special permit based upon the review criteria listed in Sections 25.86.060 and 25.86.065; (2) Home occupations, as defined by Section 25.12.220; (3) Storage buildings cumulatively not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted; (4) The renting of rooms for lodging purposes only; provided, however, such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space, per roomer, must be provided in addition to the requirement set forth under Section 25.78.170(5); (5) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats; (6) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; (7) Accessory Dwellings; (8) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number of animals does not exceed three dogs, and/or three cats, and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties;roosters are not allowed; and (9) Family home preschool in conformance with PMC Chapter 25.66. Section 5. That Section 25.34.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.34.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-2 district: (1) Detached single family residential garages, as defined in Section 25.12.200, provided they do not exceed fifteen feet in height and 1,000 square feet in area;. On lots over 12,000 square feet in area detached residential garages in excess of 15 feet in height may be permitted by special permit based upon the review criteria listed in Sections 25.86.060 and 25.86.065; (2) Home occupations as defined by Section 25.12.220; (3) Storage buildings cumulatively not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted; (4) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats; (5) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; Page 4 of 6 (6) The renting of rooms for lodging purposes only; provided, however, such accommodations shall not exceed two persons in a single family dwelling. One off-street parking space per roomer must be provided in addition to the requirement set forth under Section 25.78.170(5); (7) Family home preschool in conformance with PMC Chapter 25.66; (8) Accessory dwellings in single family homes; and (9) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. Section 6. That Section 25.36.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.36.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted used in the R-3 district: (1) Detached single family residential garages, as defined in Section 25.12.200, provided they do not exceed fifteen feet in height and 1,000 square feet in area;. On lots over 12,000 square feet in area detached residential garages in excess of 15 feet in height may be permitted by special permit based upon the review criteria listed in Sections 25.86.060 and 25.86.065; (2) Home occupations as defined by Section 25.12.220; (3) Storage buildings cumulatively not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted; (4) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats; (5) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; (6) The renting of rooms for lodging purposes only,provided such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space per roomer must be provided in-addition to the requirement set forth under Section 25.78.170(5); (7) Family home preschool in conformance with PMC Chapter 25.66; (8) Accessory dwellings in single family homes; and (9) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. Section 7. That Section 25.38.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.38.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-4 district: (1) Detached single family residential garages, as defined in Section 25.12.200, provided they do not exceed fifteen feet in height and 1,000 square feet in area;. On lots over 12,000 square feet in area detached residential garages in excess of 15 feet in height may be permitted by special permit based upon the review criteria listed in Sections 25.86.060 and 25.86.065, Page 5 of 6 (2) Home occupations as defined by Section 25.12.220; (3) Storage buildings cumulatively not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted; (4) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats; (5) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; (6) The renting of rooms for lodging purposes only,provided such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space per roomer must be provided in addition to the requirements set forth under Section 25.78.170(5); (7) Family home preschool in conformance with PMC Chapter 25.66; (8) Accessory dwellings in single family homes; and (9) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. 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The City Council had earlier asked the Commission to review the matter in light of the recent hearing for the Warner Auto Sales lot proposed for the 6300 block of Burden Boulevard. As previously explained the special permit provisions for auto sales in the C-1 zone were added to the code in the early 1980's. It was about the time when many of the old service stations in town were closing. After closing, it was difficult for the old gas stations to be reused because they were built for a single purpose related to servicing vehicles. Most of these old service stations were located on the corner of two busy arterial streets; in the central core of the community. In an effort to assist with the reuse of the old gas stations the zoning code was amended with narrow locational requirements to ensure only the old service stations would qualify for a special permit. The qualifying requirements are listed in PMC 25.42.040(2) as follows: (a) Adjacent the intersection of two arterial streets, or (b) Adjacent a single arterial street, provided it is not adjacent to or across a public street right-of-way from a residential district, and would not be located closer than 300 feet to any existing car lot. The community has changed considerably since 1981. Many of the old service stations have been replaced with new buildings or have been transitioned to uses other than auto sales. The need for the 1981 code provision is now significantly diminished. The community problem (vacant service station properties) addressed by the code no longer exists. Another change that has occurred in the City since 1981 is the addition of several hundred acres of land to the C-1 inventory. The developing C-1 properties around Road 68 and Road 100 were never intended to be developed with auto sales lots. There are no vacant service stations in need of redevelopment in I the I-182 area. Vacant commercial land in this area is still in the process of being developed. Much of the Planning Commission's discussion on this issue centered on encouraging the use of under-utilized properties for auto sales lots in the C-1 zone and limiting special permits to areas that have been skipped over by development. On the other hand there was some interest in providing standards to permit "quality" auto sales facilities in some of the developing areas of the community. Staff was asked to prepare a definition of the term "under-utilized" and prepare code language that would allow under-utilized properties within geographic areas to qualify for special permit applications. Staff was also encouraged to provide language that ensures areas that permitted auto sales would not become overrun with used car sales lot. The attached proposed code amendment modifies the current code by limiting special permit applications for new and used cars to under-utilized properties located east of Highway 395. The spatial requirement separating proposed car lots by 300 feet was retained to prevent the over concentration of sales lots in one area. In addition some additional standards have been added to permit new auto dealerships in limited areas around the Road 100 and Road 68 Interchanges. The new dealerships would be required to include at least an 8,000 square foot building with their development. The attached maps (Exhibit 1 8s 2) illustrate the locations around Road 100 and Road 68 that would permit new auto dealerships in the I-182 area by special permit review. FINDINGS 1) In the early 1980's many of the long established services stations located at major intersections in the city were closing. 2) Redevelopment of the closed service station proved difficult due to the single purpose for which the service station properties were built. 3) To help address the vacant service station issue the city develop special permit provisions within the zoning regulations in 1981 to permit the adaptive reuse of the old service station as auto sales facilities. 4) The current special permit provisions in PMC 25.42 acted as a catalyst to enable old service station properties to transition from vacant properties to productive occupied properties. 5) Pasco's population has grown from 18,400 in 1980 to over 65,000 today. 6) The 1-182 Corridor (Plateau Area) was not part of the city in 1980. 7) Several hundred acres of new commercial land around Road 68 and Road 100 have been added to the city since 1980. 8) The new commercial areas in the I-182 Corridor do not contain vacant and underutilized buildings a major street intersection. 2 RECOMMENDATION MOTION: I move the Planning Commission adopt the findings of fact as contained in the November 21, 2013 staff memo on Auto Sales in C-1 Zones. MOTION: I move the Planning Commission recommend the City Council adopt the proposed C-1 special permit code amendments as attached to the November 21, 2013 staff memo to the Planning Commission. 3 Exhibit Item: Auto Sales Code Amendment N #2 File #: CA2013 -006 Ago - r r _ y } Sandifer Parkway I-182 1 ,600' a A is i^ +n Vicinity Item: Auto Sales Code Amendment Map File #: CA2013 -006 ORA 1 Wk. , +► . + _ ., Al G }1 � a �, h ORDINANCE NO. AN ORDINANCE AMENDING PMC TITLE 25 DEALING SPECIAL PERMITS FOR AUTO SALES IN THE C-1 DISTRCIT. WHEREAS, cities have the responsibility to regulate and control physical development within their borders and to ensure public health, safety and welfare are maintained; and, WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and development of the City; and, WHEREAS, the zoning regulations contain special permit provisions for certain uses that require public review and city council approval prior to locating in the city; and, WHEREAS, PMC 25.42 has contained special permit provisions for retail automobile sales in the C-1 District; and, WHEREAS, the special permit provision for automobile sales in the C-1 District was included in the code in 1981 to address a specific concern about underutilized and vacant service station properties within the city; and, WHEREAS, the city has changed considerably since 1981 and the thirty years old code provisions for automobile sales in the C-1 District by special permit no longer addresses the original intent of the code provisions; and, WHEREAS, the Planning Commission determined redevelopment needs and use of vacant property within the established central core of the community east of Highway 395 are different than the needs of the new developing areas of the community west of Highway 395; and, WHEREAS, the Planning Commission develop a code amendment that recognizes the different development needs of the established core of the city verses the needs of the newly developing areas of the city; and, WHEREAS, on October 17, 2013 the Planning Commission held a public workshop to review the costs of park construction. Information about said workshop was made available to the public through the City's website; and, WHEREAS, on November 21, 2013 the Planning Commission held a public hearing to consider amending Special Permit provisions for Auto Sales uses in the C-1 District. Notice of said hearing being provided in the Tri-City Herald and through the City's website; and, WHEREAS, on the City Council conducted public workshops to review the proposed Special Permit amendments; and, 1 WHEREAS, the City Council has determined that to further the purposes of maintaining a quality community and meeting the park and recreation needs of Pasco residents, it is necessary to amend PMC Title 25; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That PMC Chapter 25.12 be and the same is hereby amended to include a new Subsection 25.12.087 to read as follows: 25.12.087 AUTO DEALERSHIP NEW "New Auto Dealership" means a business that is franchised or sanctioned through a dealership contract with an automaker or its sales subsidiary (eg. Ford, Chrysler, Honda, BMW etc.) to sell new vehicles at the retail level. Said dealership must include an on-site building greater than 8,000 square feet, with offices, a showroom, a parts department, service bays and indoor maintenance facilities. Section 2. That PMC Chapter 25.12 be and the same is hereby amended to include a new Subsection 25.12.462 to read as follows: 25.12.462 UNDER-UTILIZED PROPERTY "Under-utilized property"means vacant land or land with one or more vacant buildings which have been vacant for the past 10 consecutive years. Section 3. That PMC Chapter 25.42 be and the same is hereby amended to read as follows: 25.42.040 PERMITTED CONDITIONAL USES. The following uses are permitted subject to the approval of a special permit: (1) Dwelling units, provided the units are within the principal building, are all above the ground floor of said building, and the ground floor of said building is designed or intended to be used for a use permitted in Section 25.42.010. However, a building originally constructed on- site for residential purposes may be utilized as a dwelling unit without a special permit provided: (a) The structure does not have to be reconstructed, altered or converted from an office/commercial use such that the cost of the alteration exceeds 25% of the assessed value of the structure at the time of the alteration. (2) Retail automobile sales, including rental or lease, provided the property is: (a) Located east of Highway 395 and is; (i) "Under-utilized property"as defined in 25.12; (-a)--(ii) Adjacent the intersection of two arterial streets, or (b)—(iii) Adjacent a single arterial street; provided it is not adjacent to or across a public street right-of-way from a residential district, ""*be leeated elose than 300 feet to a existing , let; 2 iv Not located closer than 300 feet to any existing c ar lot. (b) Located west of Highway 395 and north of I-182 provided any point of the property is within 1,600 of the I-182 WSDOT right-of-way for a distance of 2,500 feet east and west of the center line of Road 68 and Road 100/Broadmoor Boulevard and is: (i) A new auto dealership (ii) "Under-utilized property" as defined in 25.12; (iii) Not adjacent to a residential district, but may be across a public right- way from a residential district provided said right-of-way is a collector or arterial street and provide a 15 foot landscaped buffer is provided along the right-of-way following the standards in 25.75.040 (5) iv Not located closer than 300 feet to any existing car lot. (3) Parking lots; Section 4. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of 2013. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney 3 MEMORANDUM DATE: November 21, 2013 TO: Planning Commission FROM: Shane O'Neill, Planner I SUBJECT: Recreational Marijuana Status Report (MF# CA 2013-005) In November, 2012 Washington voters passed Initiative 502 (1-502), which directs the Washington State Liquor Control Board (LCB) to regulate marijuana by licensing and taxing producers, processors and retailers. Since that time city staff has been working on amending Pasco's Zoning Code to include marijuana related uses. The purpose of this memorandum is to inform the Planning Commission on the current status of city efforts to accommodate the new State Law on recreational marijuana. On September 3, 2013, Council adopted a moratorium (Resolution #3507) prohibiting issuance of all types of licenses relating to recreational marijuana. Council then held a public hearing on October 7, to gain testimony on the moratorium. During their October 21St Regular Meeting, City Council adopted Resolution #3516 extending the moratorium to September 1, 2014, allowing more time for staff to develop appropriate code amendments. Attached to Resolution #3516 is a work plan identifying the expected process of creating legislation unique to the City of Pasco's needs and legislative priorities. Over the next 12-months staff will bring proposed Zoning Code amendments to the Planning Commission for review and discussion. To help gain useful perspective on marijuana uses one can draw similarities between marijuana producing and other agricultural uses, though marijuana will be grown indoors; between marijuana processing and a food processing facility; and between retail marijuana sales and a florist or most other retail businesses. The table below was pulled from the Municipal Research and Services Center website; it compares various approaches to marijuana uses to date that some Washington cities have taken. Ordinance Comparison Table Jurisdiction Allow Under Moratorium Interim Zoning Permanent Prohibition Existing Laws I Zoning Anacortes X Bonney Lake I I X F- Bellevue I I I X Burien I I I X Carbonado I I X Douglas County I I I I X Edgewood I I I X Fife I I X Kennewick I I X Kent' I I I I I A Kirkland I X Lacey I I I I X Millwood I I X Milton X Monroe I I I X Mossyrock Mukilteo(Draft)I I I I X Normandy Park I I I X Olympia I I X Pasco I I X Puyallup I I X Redmond I I X Richland I I X Seattle I I I I X Spokane I I I X Tukwila I I I I X Wenatchee2 Yakima I I I I X 1.The Kent zoning code prohibits all business activities that are not specifically allowed in designated zones.The Kent city council has not amended their zoning code to allow recreational marijuana businesses,so that lack of amendment acts as a prohibition of marijuana businesses. 2. On October 24,2013,the Wenatchee city council voted against an ordinance that would have exempted marijuana businesses from the city requirement that all businesses comply with federal laws,so marijuana businesses are now prohibited from siting in the city. 2 EXHIBIT "A" October 2013 Recreational Marijuana Work Plan The following steps are intended to identify the expected process of creating legislation unique to the City of Pasco's needs and legislative priorities. 1. Research cities/states with similar circumstances/laws pertaining to recreational marijuana. 2. Research Washington Cities Insurance Association, Association of Washington Cities and the Municipal Research and Service Center to determine latest developments, cautions, examples and experiences in regulation of recreational marijuana. 3. Research current State law and reconcile the discrepancy of federal laws concerning cultivation/production, processing and retail sale of recreational marijuana, the question of precedence of State versus federal law and the risk of prosecution to City personnel implementing State law. 4. Involve City Departments to determine the extent and degree of intervention needed from permitting, licensing, taxation, code enforcement, crime prevention, public safety (police and fire protection) and zoning standpoints. 5. Research the degree of consistency for regulation desired/needed from Benton and Franklin counties and the cities if Kennewick, Richland and West Richland, and meet with these jurisdictions as necessary to coordinate efforts. 6. Prepare interim report to City Council on progress of the work plan and anticipated timeline for completion, and present to City Council after the conclusion of the 2014 State legislative session. 7. Develop draft legislative alternatives for regulating the production, processing and sale of recreational marijuana. 8. Review with City management and revise as directed. 9. Conduct public workshops with the Planning Commission and revise draft regulatory alternatives as needed. EXHIBIT "A" 10. Review developing State legislative amendments to State law concerning the production, processing and sale of recreational marijuana. Consider extension of the moratorium and adjustment of the work plan as necessary. 11. Conduct formal public hearing(s) with the Planning Commission to determine the Commission's recommendation to City Council. 12. Present the recommended legislation to City Council at a Workshop. 13. Return to City Council for formal action as directed. MEMORANDUM DATE: November 21, 2013 TO: Planning Commission FROM: Shane O'Neill, Planner I SUBJECT: Highway Follow-Through Sign Code Amendment (MF# CA 2012-011) Many U.S. motorists with experience driving on our domestic freeways, highways and interstates are familiar with the Department of Transportation standardized on-highway business advertising sign program. These business advertising signs are a cluster of 3 square foot business logo signs placed on a single (usually blue) backing and include the associated exit number or distance measurement to the business. These signs are called General Motorist Service Signs; and are generally located well before the freeway exist where the business is located. The Washington State Department of Transportation (WSDOT) Traffic Manual contains a section on General Motorist Service Signs which requires off- highway follow-through signage when services are not readily visible from an interchange and when a business participating in the WSDOT on-highway sign program does not have direct access to the roadway immediately extending from an off-ramp. Follow-through signing provides motorists (after being directed off the state highway) with confirmation to destinations. Currently, the fore mentioned requirement for follow-through signs conflicts with parts of Pasco's Sign Code (Title 17) which prohibit off-premise signs. An off-premise sign is defined as a sign that carries a message of any kind or directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located, or to which it is affixed. Because of this conflict staff is proposing to amend PMC Title 17 to permit follow-through signs as required for participation in the WSDOT on-highway sign program. The proposed code amendment is attached. A majority of the newly proposed sign code language is contained on page nine. ORDINANCE NO. AN ORDINANCE of the City of Pasco,Washington, Amending Title 17 "Sign Code" Providing for Highway Follow-Through Signs. WHEREAS, signs are presently regulated by Chapter 17.05 of the Pasco Municipal Code; and WHEREAS, the Washington State Department of Transportation (WSDOT) regulates traveler and tourist services signage on Interstate 182, State Route 395, State Route 397 and U.S. Highway 12; and WHEREAS, WSDOT requires follow-through signs to guide travelers from highways to the location of the traveler and tourist services within the City; and WHEREAS, chapter 17.05 of the Pasco Municipal Code contains no provision to authorize follow-through signs for traveler and tourist services; and WHEREAS, it is in the public interest to provide services to travelers and to promote economic development within the city and to insure that qualified traveler and tourist services within the city are eligible to have signage on Interstate 182, Highway 395, Highway 397 and U.S. Highway 12,NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 17.03 entitled "Definitions" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follow: 17.03.010 GENERALLY. (1) ALLEY means a public street not designed for general travel and used primarily as a means of access to the rear of residences and business establishments. 2�(� BUILDING means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. -3) 10 BUILDING CODE means the building codes of the City adopted by Title 16 of the Code. 4) 15 BUILDING OFFICIAL means the Building Official of the City and/or the person designated to enforce the sign code by the City Manager. 5) 20 BUILDING LINE means a line established by ordinance beyond which no building may extend. 6)(L51 CHANGE OF COPY. The change of a logo, and/or message upon the face or faces of a legal sign. -7)LL0j CITY means the City of Pasco, Washington. Ordinance Amending Title 17- 1 8)(L51 COMMUNITY EVENT. Means a community wide event open to the general public and sponsored by a public agency, a public or private school, or a not for profit civic organization. -9)L401 CURB LINE means the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the City Engineer shall establish the curb line. 4P)fA5)DISPLAY SURFACE means the area made available by the sign structure for the purpose of displaying the advertising message. 4-0(LOIDISTRICT OR ZONING DISTRICT means any district established pursuant to the provisions of Title 25. 424(L5)DURABLE means a non-biodegradable material that withstands degradation from the elements such as weather-proof card stock, aluminum, metal, UV protected plastics, treated or painted wood concrete, stone and similar materials. 4-3) 60 ERECTS means to build, construct, attach, place, suspend, or affix, including the painting of a wall sign. 44) 65 FACE OF BUILDING means the general outer surface of any exterior wall of a building or other structure. 4�5)(70 FACADE means the entire building front or street wall face, including the grade to the top of the parapet or eaves, and the entire width of the building elevation. 46) 75 FENCE—SUBDIVISION means a common fence constructed along the rear line of residential lots that back on arterial streets and constructed as part of the subdivision improvements. 47)(BOIFILLING STATION, PUBLIC MOTOR FUELS means any area of land, including any structure or part thereof that is used or designed to be used for the supply of motor fuels, also deemed to be included within this term shall be: Any area or structure used or designed to be used for polishing, greasing, washing, spraying (other than paint), dry cleaning, or otherwise cleaning or servicing such motor vehicles. 4-9) 85 FRONTAGE means the measurement of the length of the property line or building front. 4-9)(901HEARING EXAMINER means the Pasco Hearing Examiner as set forth in Chapter 25.84. 24D)t95)INCOMBUSTIBLE MATERIAL means any material which will not ignite at, or below, a temperature of one thousand two hundred degrees Fahrenheit during an exposure of five minutes, and which will not continue to burn or glow at that temperature. 2-I)aQ01 MANSARD ROOF means a sloped roof or roof-like facade architecturally able to be treated as a building wall. 2-2) 105 MULTIPLE-BUILDING COMPLEX means a group of commercial or industrial structures. 2-3) 110 MULTIPLE-TENANT BUILDING means a single structure that houses more than one retail business, office or commercial venture,but that does not include residential apartment buildings sharing the same lot, access and/or parking facilities. 24)115)NONCONFORMING SIGN. Nonconforming signs are those which were lawfully installed, but which do not comply with the requirements of this title. 25-) 120 NONSTRUCTURAL TRIM means the molding, batons, caps, nailing strips, latticing, cutouts or letters and walkways that are attached to the sign structure. 0(125)PARAPET means a false front or wall extension above the roof line. Ordinance Amending Title 17-2 27) 130 PARCEL means the real property on which a business is located or the portion of real property designated for use of a business. Parcel shall include all adjacent property used by a business including yards,parking lots, and storage yards. Where more than one business is located within a building, the property on which that building is located is considered one parcel. 2-9) 135 PERIMETER means a square or rectangle required to enclose the sign area. 23) 1( 40)PERIPHERY OF RIGHT-OF-WAY means that portion of the right-of-way lying behind the street improvement. (See definition for street improvements) 30)145 PERSON means and includes persons, firms,partnerships, associations, corporations, and other business entities. 34)x)PREMISES means the real estate as a unit, upon which is displayed the sign or signs mentioned in this chapter. 3-2)LILQ PRIVATE ROAD OR DRIVEWAY means every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner,but not by other persons. 33) 160 PROJECTION means the distance by which a sign extends over public property or beyond the property line. 34) 165 RIGHT OF WAY (ROW)means that area of land dedicated for public use or secured by the public for purposes of ingress and egress to abutting property and other public purposes, including that space between the adjacent property line and the back of the street and/or sidewalk improvements. 3- ) 170 ROADWAY means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. In the event a highway includes two or more separated roadways, the term"roadway" shall refer to any such roadway separately but shall not refer to all such roadways collectively. 36) 175 ROOFLINE means the top edge of a roof or parapet or the top line of a building silhouette. 3-) 180 SETBACK means the distance measured on a horizontal plane between a public right-of-way line or a property line and the closest portion of a sign thereto. 3S)LMJ SIDEWALK means that property between the curb lines or the lateral lines of a roadway and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a public highway and dedicated to use by pedestrians. 39)L19 J SIGN means a name, identification, description, display or illustration that is affixed to, or represented directly or indirectly upon a building, structure, or piece of land and that directs attention to an object,product, place, activity,person, institution, organization or business. However, a"sign" shall exclude any display of official court or public office notice, emblem or insignia of a nation,political unit, school, or religious group. A "sign" shall not include a sign located completely within an enclosed building unless the public may view the sign from a roadway or sidewalk, or the context of this chapter shall so indicate. 40) 195 SIGN -ABANDONED means a sign that no longer correctly directs or exhorts any person nor advertises a bona fide business, lessor, owner, product or activity conducted or available on the premises whereon such sign is located. 44) 200 SIGN - AREA means the total area of a sign visible from any one viewpoint or direction, excluding the sign support structure, architectural embellishments, or framework that contains no written copy, and includes only one side of a double-faced sign. Individual letter signs using a wall as the background without added decoration or change in wall color shall be Ordinance Amending Title 17-3 calculated by measuring the perimeter enclosing each letter. The combined total area of each individual letter shall be considered the total area of the sign. Module signs consisting of more than one sign cabinet shall be computed by adding together the total area of each module. Perimeter or sign area shall be established by the smallest rectangle enclosing the extreme limits of the letter module or advertising message being measured. 42)(205) SIGN-AWNING means a sign that is hung from and below a building awning or canopy that may extend outwards under the awning or canopy and over the walkway or parking area. 43-) 210 SIGN—BANNER means flexible material on which a sign is painted or printed that is attached to a building or displayed on the grounds. 44) 215 SIGN - BILLBOARD means a sign or sign structure supported by one or more uprights and braces in the ground or on a building roof upon which general advertising matter is placed, usually by the poster method, erected entirely upon private property. 45)k220) SIGN—BLADE OR PROJECTING means a sign that is wall-mounted perpendicular to the building that may extend upwards and above the facade and/or outwards and over the walkway or parking area. 46) 225 SIGN - BUSINESS means a sign which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold, or offered upon the premises where such sign is located, or to which it is affixed. 47) 2�) SIGN- CANOPY means a sign that is painted onto the face or edge of an awning or canopy that is mounted to the building facade. 48)Q5) SIGN—CHANGING MESSAGE CENTER means an electronically controlled public service time and temperature sign, message center, or reader board where different copy changes of a public service or commercial nature are shown on the same lamp bank. 4}) 240 SIGN - COMBINATION means any sign incorporating any combination of the features of freestanding,projecting and roof signs. "Combination sign" shall include signs commonly referred to as "fin signs." 4"4)f245) SIGN—COMMUNITY EVENT REGIONAL means a sign that identifies events occurring at a regional sports/entertainment/convention/trade facility containing 60 or more acres located within 1,000 feet of a freeway interchange and adjacent a highway of statewide significance. 50) 250 SIGN - CONSTRUCTION means a temporary sign designating the contractor(s), architect(s), and engineer(s)participating in a construction project underway on the same premises. A construction sign may also include the name of the project. -54} 255 SIGN- DIRECTIONAL means any sign designated and used solely for the purpose of indicating the location or direction of a place on the premises upon which the sign is located }q!50 J SIGN—DIRECTIONAL OFF-PREMISE KIOSK means a structure erected by the City or a private party through a license agreement with the City in approved locations bearing multiple off-premise directional signs 3-}(265) SIGN—DIRECTIONAL TRAFFIC means a sign that is located to guide or direct pedestrian or vehicular traffic to parking entrances, exits and service areas. 54)k270 SIGN—DIRECTORY OF TENANTS means a sign that identifies the building or project name and the tenants which share a single structure or development. 5-5)k2751 SIGN—DOUBLE-FACED means a sign with 2 faces. Ordinance Amending Title 17-4 -* 280 SIGN - ELECTRICAL means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper. 5-7} 285 SIGN - FLASHING means an electrical sign or portion thereof that changes light intensity in a sudden transitory burst or that switches on and off in a constant pattern with more than one-third of the light source that is not constant being off at any one time. (290) SIGN—FOLLOW-THROUGH means a sign which indicates the direction or identification of businesses advertised on a WSDOT freeway sign. 5-9)qL5) SIGN—FREESTANDING PEDESTAL means a self-supported sign permanently attached directly to the ground upon a pedestal base or monument foundation and not attached to any building, wall or fence. (Also called pedestal or monument sign. 5}) 300 SIGN—FREESTANDING POLE means a self-supported sign permanently attached directly to the ground supported by upright poles or posts or braces placed on or in the ground. (Also called ground or pole sign.) b0) 305 SIGN—FREEWAY means a free standing sign located on the premise where the business,product or service is located with said sign being within 250 feet of I-182, SR-395 and SR-12_ 0310) SIGN—FREEWAY INTERCHANGE means a sign that provides only regional identification for a group of businesses within an area defined by a state recognized business association with the businesses collectively occupy a minimum of 15 acres of land. H-) 315 SIGN—GARAGE OR YARD SALE means a sign advertising a private sale of personal household possessions; not for the use of any commercial venture. ate) 320 SIGN - HEIGHT means the vertical distance measured from the adjacent grade at the base of the sign support to the highest point of the sign or sign structure whichever is higher. b4) 325 SIGN—IDENTIFICATION means a sign of an informational nature that directs attention to certain uses other than businesses, individual private residences. 65) 330 SIGN—INFLATABLE means a large balloon or balloon-like object greater than 18 inches in any dimension that uses blown air or a gas to remain inflated. F6) 335 SIGN—INFORMATIONAL PRIVATE means a sign placed for the convenience of the property owner used for the sole purpose of designating property control and warning signs such as "no trespassing", "no dumping", "patrolled by dogs", etc. 67) 340 SIGN—INFORMATIONAL PUBLIC means a sign placed for the convenience of the public used for the sole purpose of designating restrooms,hours of operations, entrances and exits to buildings and parking lots, help wanted, public telephones,public notary, etc. Also included are plaques, tablets or inscriptions that are an integral part of a building. 69) 345 SIGN - INTERIOR means any sign attached to the interior surface of the window of any building or structure, or maintained within the building or structure. 3} j5Q J SIGN—LANDMARK means a sign or plaque that is attached to the surface of the building or on a site that identifies or describes the historical, cultural, social, or other significance of a building or site. 79) 355 SIGN - LIMITED DURATION means any sign advertising real estate sales or rentals or construction projects utilized for a specified period of time. ) J SIGN MARQUEE OR READERBOARD means a sign that displays a changing message using manually mounted lettering or electronic printout that may be mounted on a building or freestanding pedestal or pole. 72) 3U5 SIGN MARQUEE OR READERBOARD - PORTABLE means a sign that displays a changing message using manually mounted lettering or electronic printout that may be mounted on an easel, trailer, or other movable equipment. Ordinance Amending Title 17-5 773) 370 SIGN -NAMEPLATE means a sign which indicates no more than the name and address of the resident of the premises. 74) 375 SIGN -NONCONFORMING means any sign lawfully constructed prior to the enactment of the ordinance codified in this title, which fails to conform to the provisions of this title. 7-5)�) SIGN- OFF-PREMISE means a sign that carries a message of any kind or directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located, or to which it is affixed. Signs identifying a business complex and containing the names of multiple businesses within the complex shall not be considered an off-premise sign. 7-6) 385 SIGN - OFF-PREMISE DIRECTIONAL means a sign providing directions to a public or other community event or facility in a location different than the property on which the sign is posted. 7-7)(120 SIGN - OFF-PREMISE INFORMATIONAL means a sign providing information about events conducted at a public or other community facility in a location different than the property on which the sign is posted. 7-9) 395 SIGN—OPEN HOUSE means a sign welcoming viewers to a piece of residential real estate that is being offered for sale. 79) 400 SIGN—PEDESTRIAN-ORIENTED means a sign, the primary purpose of which, is to provide information for pedestrians and bicyclists. " 405 SIGN -POLITICAL means a temporary sign that identifies a candidate(s) for public elective office; urges a particular vote on a ballot measure in a pending public election, whether local, state or national; or expresses an opinion on a public issue. SIGN - PORTABLE means an unlighted business sign including paper, cardboard, wood or metal, that is capable of being moved easily and that is not permanently affixed to the ground, structure or building. This includes a sidewalk or sandwich board signs, except those worn by a person. 8-1) 410 SIGN—POSTER means a decorative placard or advertisement intended to advertise a movie, theater production, video or CD, or other product or special event that is being conducted or offered for sale. " 415 SIGN—READER BOARD means a lighted or unlighted business sign or part of a sign on which the letters are readily replaceable such that the copy can be changed from time to time at will. 0(420) SIGN—READER BOARD PORTABLE means a lighted or unlighted business sign or part of a sign on which the letters are readily replaceable such that the copy can be changed from time to time at will. A portable reader board is capable of being moved or trailer- mounted and is not permanently affixed to the ground, structure or building. "(425) SIGN—REAL ESTATE means a temporary sign erected by the owner, or his/her agent, that advertises the real estate upon which the sign is located for rent, lease or sale, or directing people to the property. $34 430 SIGN—REAL ESTATE DIRECTIONAL means a temporary and/or portable sign that is intended to assist people finding the location of difficult to locate property that is for sale, rent, or lease. $6) 435 SIGN—REVOLVING means any sign that rotates or turns in a circular motion by electrical or mechanical means and does not exceed eight revolutions per minute. "k440) SIGN- ROOF means a business sign erected upon or above a roof or parapet of a building or structure. Mansard roof signs shall be considered wall signs. Ordinance Amending Title 17-6 8�4 44451 SIGN— SANDWICH OR A-FRAME means a temporary portable 2-faced board style sign that is readily movable and has no permanent attachment to a building, structure, or the ground. "C4LQ) SIGN— SPECIAL EVENT means a temporary sign advertising activities concerning a drive or event of a political, civic, seasonal, cultural, philanthropic, educational or religious event or organization that will occur intermittently. 90) 455 SIGN - STRUCTURE means any structure supporting or is capable of supporting any sign defined in this chapter. A sign structure may be a single pole or may or may not be an integral part of the building or structure. 944�) SIGN - TEMPORARY means any real estate, open house, special event, garage sale, or political sign corresponding to a specific event and displayed for a limited period of time. 92-) 465 SIGN—TRACT means signs used for the sale of real property in a platted subdivision. ") 470 SIGN—WALL means any sign, mural or graphic design which is attached parallel to, or flat against, or is painted on, the wall or exterior of a building or structure having a commercial message or identification. 94)(475 SIGN—WALL MURAL OR ARTWORK means a mural or artwork painted to a building wall that may or may not have a commercial message, name, or other advertisement incorporated. (Exterior surface color alone is not considered a mural or artwork.) 9-5)�) SIGN—WALL-MOUNTED means a sign attached or erected parallel to and extending from the facade or wall of any building to which it is attached. A wall sign is supported through its entire length with the exposed face of the sign parallel to the plane of said wall or facade. A sign painted on the wall of a building or a sign painted or attached to a marquee shall be considered a wall-mounted sign. 96)f485) SIGN—WINDOW means any sign which is painted or mounted onto an exterior window pane, or which is hung directly inside the window including advertisements for services or products in the form of decals, emblems,paint, exposed neon,banners, etc within 3 feet of the window pane. 0.(490) SIGN—WINDOW TEMPORARY INDOOR means any sign (or poster) of a temporary nature displayed within a commercial building on the inside of the glass or in close proximity to the window and may be viewed by persons outside of the building. 9-8)t425) STREET means a public or private way opened to general public use including all classes of roadways and excepting alleys, driveways, and interstate freeways,but including major internal circulation corridors within parking lots. 9}}(500) STREET FRONTAGE means the side of the building facing a street that abuts the property on which the building is located. 4-" 505 STREET IMPROVEMENTS means the paved roadway, and adjoining curb, gutter, sidewalk and landscaping. 400) 510 STRUCTURE means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. 4" 515 U.L. means Underwriters Laboratory. 4"(520 J ZONE, ZONING DISTRICT. See definition under District. Ordinance Amending Title 17-7 Section 2. That Section 17.05.020 entitled "Special Provisions by Sign Classification" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 17.05.020 SPECIAL PROVISIONS BY SIGN CLASSIFICATION. (A) Temporary signs. This signage shall not be restricted by content, but is usually and customarily used to advertise real estate sales, political or ideological positions, garage sales, special events having a specific date or duration. Such signage shall be subject to the following provisions: 1) All exterior real estate-signs - shall be placed entirely on the property for sale, except as provided below. 2) Residential "open house" signs - are permitted only during daylight hours and during times in which the broker/agent or seller or an agent is in attendance at the property for sale. The sign may be placed within the periphery of the roadway provided it does not interfere with traffic safety as provided in 17.05.040 D and 17.09.030, but it shall not be attached to a utility pole or traffic safety device. Such signs shall be permitted only during weekends beginning at 5:00 pm Friday and ending at 8:00 am Monday. 3) Political Signs - may be placed within the periphery of the public roadway provided they do not interfere with traffic - vehicular or pedestrian as provided in 17.05.040 D and 17.09.030, or interfere with the use of any residential or commercial property. Political signs may be placed upon privately owned property including fences, except subdivision fences, with the consent of the property owner. 4) Grand Opening and Special Event Displays - temporary signs, posters, portable reader boards, banners, strings of lights, clusters of flags, blinking lights, inflatables, balloons, and searchlights are permitted only to announce the opening of a completely new enterprise, the opening of an enterprise under new management, or a special event. a) All banners must be securely fasten taut against the wall of a building and shall not extend above the building. b) Tethered balloons and inflatables met cannot be more than 70 feet above the surface of the ground. C) Grand opening and special event signs for businesses must be located on the premises where the grand opening or special event is taking place. d) Special event signs for a community event may be displayed on or off the premises where the event is taking place including in the periphery of the right-of-way. e) Special event signs for a community event located in the periphery of the right-of-way may not be larger than 6 square feet. f) Special event signs may be located on the Robert Frost Elementary School pedestrian overpass on North 20th Avenue. Said signs may be larger than 6 square feet. 5) Garage or Yard Sale Signs. a) No garage/yard sale sign shall be placed, affixed, stapled, glued, or taped to any utility pole, subdivision fence, or any public property; Ordinance Amending Title 17-8 b) No garage/yard sale sign shall be placed on the right-of-way of any roadway in such a manner as to interfere with traffic, both vehicular and pedestrian, as provided in 17.05.040 (D) and 17.09.030, or interfere with any residential, commercial or industrial property; C) No garage/yard sale signs shall be placed on private property for more than 72 hours, regardless of the length of the sale. 6) Duration — except for political or as otherwise provided or limited, no temporary sign shall be erected, re-erected, or maintained for more than 30 days, unless permitted as provided hereafter. For the purpose of this regulation, any sign of similar content erected subsequent to the original temporary sign shall be considered as the original sign for the time limitation contained herein. 7) Follow-Through Signs — Highway commercial follow-through signs for a licensed business in the city of Pasco may be permitted as conditioned to participate in a WSDOT highway sign ign program and in compliance with the following criteria: a) Size. Meet minimum and maximum size criteria by WSDOT for follow-through signs as illustrated in WSDOT Traffic Manual sign details LG-R1, LG-R2, LG-R3 and LG-R4 or successive revisions thereof. b) Number. A single follow-through sign per roadway directly extending from a freeway interchange may be permitted. A maximum of two follow-through signs per associate freeway interchange are allowed. C) Color. Identical to the on-freeway sign as per WSDOT Traffic Manual standard specifications. d) Support Structure. As determined by the City Engineer. e) Location. To be determined by the City Engineer and in compliance with requirements of the WSDOT Logo Program. Follow-through signs may be no further than 900 linear feet away from the associated freeway interchange as measured from the driving surface intersection of the State highway off-ramp and the following city roadways: Road 100, Road 68 and Kartchner Street. f) Material. As per WSDOT Traffic Manual requirements. g) Ownership. All WSDOT required follow-through signs shall be designed, manufactured and erected by the City with the cost to the business or businesses for which the follow-through signage is required limited to the manufacturing cost of the customized slat, installation and an annual maintenance fee. h) Permit. A sign permit is required by the City of Pasco to place a sign on an existing or proposed follow-through sign structure. Signs shall be permitted on a first-come, first-serve basis. B) Limited Duration Signs. This signage shall not be restrained by content, but is usually and customarily used to advertise nenpefmit4ed non-permitted events of longer duration than temporary signs, to advertise real estate sales or rentals and construction projects that were used during the period of the real estate sales or rental campaign with the completion of the construction project. Specific conditions and period of duration are identified in the chart in Section 17.05.010 above. Ordinance Amending Title 17-9 Section 3. This Ordinance shall take full force and effect five (5) days after its approval,passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of 92013. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney Ordinance Amending Title 17- 10 Areas Affected by Follow-Through Signs N Code Amendment CA 2012-011 ME1101 ■ nll LON ■ i\cIl ......... ........ .. 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