HomeMy WebLinkAbout12-19-2013 Planning Commission Packet PLANNING COMMISSION - AGENDA
REGULAR MEETING 7:00 P.M. December 19, 2013
I. CALL TO ORDER:
II. ROLL CALL: Declaration of Quorum
III. PLEDGE OF ALLEGIANCE:
IV. APPROVAL OF MINUTES: November 21, 2013
V. OLD BUSINESS:
A. Special Permit Detached Accessory Structure Height (Daniel
Martinez) (MF# SP 2013-014)
VI. PUBLIC HEARINGS:
A. Rezone Rezone from RT (Residential Transition) to R-1 (Low-
Density Residential) and R-2 (Medium Density
Residential) (Nathan Machiela) (MF# Z 2013-005)
Continued from November 21, 2013 meeting.
B. Code Amendment Special Permits for Auto Sales in C-1 (Retail
Business) Zones (MF# CA 2013-006) Continued
from November 21, 2013 meeting.
C. Special Permit Location of a health clinic at Ochoa Middle School
(Tri-Cities Community Health) (MF# SP 2013-007)
D. Rezone Rezone from C-1 (Retail Business) to C-3 (General
Business) (Juan Ochoa) (MF# Z 2013-006)
VII. OTHER BUSINESS:
A. Code Amendment Accessory Structure Floor Area (MF# CA 2013-008)
VIII. WORKSHOP:
IX. ADJOURNMENT:
PLANNING COMMISSION - AGENDA
REGULAR MEETING 7:00 P.M. December 19, 2013
I. CALL TO ORDER:
II. ROLL CALL: Declaration of Quorum
III. PLEDGE OF ALLEGIANCE:
IV. APPROVAL OF MINUTES: November 21, 2013
V. OLD BUSINESS:
A. Special Permit Detached Accessory Structure Height (Daniel
Martinez) (MF# SP 2013-014)
VI. PUBLIC HEARINGS:
A. Rezone Rezone from RT (Residential Transition) to R-1 (Low-
Density Residential) and R-2 (Medium Density
Residential) (Nathan Machiela) (MF# Z 2013-005)
Continued from November 21, 2013 meeting.
B. Code Amendment Special Permits for Auto Sales in C-1 (Retail
Business) Zones (MF# CA 2013-006) Continued
from November 21, 2013 meeting.
C. Special Permit Location of a health clinic at Ochoa Middle School
(Tri-Cities Community Health) (MF# SP 2013-007)
D. Rezone Rezone from C-1 (Retail Business) to I-1 (Light
Industrial) (Juan Ochoa) (MF# Z 2013-006)
VII. OTHER BUSINESS:
A. Code Amendment Accessory Structure Floor Area (MF# CA 2013-008)
VIII. WORKSHOP:
IX. ADJOURNMENT:
REGULAR MEETING November 21, 2013
PLANNING COMMISSION MEETING
CALL TO ORDER:
The meeting was called to order at 7:OOpm by Chairman Cruz.
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:
Chairman Cruz read a statement about the appearance of fairness for hearings on
land use matters. Chairman Cruz asked if any Commission member had anything to
declare. There were no declarations.
Chairman Cruz then asked the audience if there were any objections based on a
conflict of interest or appearance of fairness question regarding the items to be
discussed this evening. There were no objections.
ADMINISTERING THE OATH:
Chairman Cruz explained that state law requires testimony in quasi-judicial hearings
such as held by the Planning Commission be given under oath or affirmation.
Chairman Cruz swore in all those desiring to speak.
APPROVAL OF MINUTES:
Commissioner Greenaway moved, seconded by Commissioner Anderson, that the
minutes dated November 21, 2013 be approved as mailed. The motion passed
unanimously.
PUBLIC HEARINGS:
A. Special Permit Detached Accessory Structure Height (Daniel
Martinez) (MF# SP 2013-014)
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community 8s Economic Development Director, discussed the special
permit application for a detached garage. The parcel is approximately 1 acre in size
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and zoned RS-20 (Suburban) Zone. The applicant is requesting a garage height of
23.5 feet for a proposed garage to be located in the rear of the yard. In the RS-20
Zone, detached garages are limited to 18 feet in height but, can exceed that height if
approved through the special permit review.
The staff report provided distances from various structures that already exist in the
neighborhood, for example, the nearest house to the east is 150 feet away or more
from the proposed garage. Staff analyzed the proposal with a tendency toward
recommending approval. The criteria necessary for a special permit and criteria for
the detached garage height greater than 18 feet was analyzed, findings were developed
and a tentative list of conditions for approval were all provided in the staff report.
Daniel Martinez, 5417 Dradie Street, spoke on behalf of his special permit application.
He explained that he would like the accessory structure to store his boat, motor home
and other items to keep from public view.
Chairman Cruz asked if Mr. Martinez has had any complaints or concerns from
neighbors regarding the proposed shop.
Mr. Martinez stated that he has not heard any complaints or concerns.
With no further comments the public hearing closed.
Commissioner Hoekstra moved, seconded by Commissioner Khan, to close the public
hearing and schedule deliberations, the adoption of findings of fact and development
of a recommendation for City Council for the December 19, 2013 Planning
Commission Meeting. The motion passed unanimously.
B. Rezone Rezone from RT (Residential Transition) to R-1
(Low Density Residential) and R-2 (Medium
Density Residential) (Nathan Machiela) (MF# Z
2013-0051
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the rezone
application from RT (Residential Transition) to R-1 (Low Density Residential) and R-2
(Medium Density Residential). The site is located at the northwest corner of Sandifur
Parkway and Convention Drive and is approximately 48 acres. The applicant was
requesting the rezone so the site could be platted for residential lots. The applicant
does not intend to construct multi-family dwellings, but instead single-family
dwellings on smaller lots. The R-1 Zone permits minimum lot sizes of 7,200 square
feet and the R-2 Zone permits 5,000 square foot lot minimums. The rezone request
has been reviewed in accord with the criteria in Chapter 25.88 of the Pasco Municipal
Code. Staff recommended approval of the rezone however the site was revised slightly
after the initial public hearing notices were sent, expanding the site 12 feet to the
west. Revised public notices were sent to nearby property owners and staff is
requested a continuation of the public hearing to the December meeting.
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Jason Mattox, 6115 Burden Boulevard, with HDJ Design Group, spoke on behalf of
the applicant. He stated the proposed rezone was consistent with the Comprehensive
Plan. The current property owner and Hayden Homes are coming to an agreement on
what the actual acquisition size will be. The preliminary plat and what is purchased
by Hayden Homes needs to match up with the zoning which is why careful
consideration is being taken. He addressed a staff finding regarding "Power and water
being available to the property from Convention Drive, however sewer will need to
extend from Clemente Drive to south of the property." He stated that they have been
working with staff about the potential ability to use the sewer that's located directly
adjacent to the property rather than having to extend the sewer line over 1,000 feet to
Clemente Drive to serve the property.
Chairman Cruz asked Mr. White about the sewer concerns of the applicant and if it
might need to be continued yet another month.
Mr. White answered that the concerns would not be an issue and would be worked out
by the December 19th meeting. If it isn't worked out by then, the finding could be
revised. It is also possible to have to be continued another month.
Christopher Larson, 5516 Koufax Lane, voiced concern about additional traffic and
blocked view from his property. He asked if the intersection would be changed, such
as adding a turn lane, to assist with traffic at the very busy intersection.
Mr. White responded that at this time he doesn't know exactly what will happen in
terms of the road. Traffic impacts are generally analyzed at the platting stage. Staff
will review the excepted traffic generated by the plat, they'll look at the Comprehensive
Street Plan and Six-Year Capital Improvements Plan and if there are any facilities
identified as needed at that intersection, then the developer will be required to provide
their portion of the improvements they are responsible for.
Chairman Cruz reiterated that at the platting stage City Staff will ensure that
requirements are met so that the intersection remains safe. As for the blocked view,
there is no control over that.
Commissioner Greenaway moved, seconded by Commissioner Khan, to continue the
public hearing on the proposed rezone to the December 19. 2013 meeting. The motion
passed unanimously.
C. Code Amendment Detached Accessory Structure Heights (MF# CA
2013-003)
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the proposed
code amendment for detached accessory structure heights. This item has come back
to the Planning Commission after several Council Meetings. The recommendation
would allow a detached garage height of greater than 15 feet in certain zones pending
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approval of a special permit. A 12,000 square foot minimum lot size would be
required to apply for a special permit. The special permit application would be
reviewed using the criteria established in the code.
With no comments the public hearing closed.
Commissioner Khan moved, seconded by Commissioner Polk, the Planning
Commission adopt the findings of fact as contained in the November 21, 2013 staff
memo on the residential detached shops and garages. The motion passed
unanimously.
Commissioner Khan moved, seconded by Commissioner Greenaway, the Planning
Commissioner recommend the City Council adopt the proposed code amendment
making provisions to increase the maximum height of residential detached shops and
garages. The motion passed unanimously.
D. Code Amendment Special Permits for Auto Sales in C-1 (Retail
Business) Zones (MF# CA 2013-006)
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the code
amendment for special permits for auto sales in C-1 Zones. This item was returned to
the Planning Commission after a City Council Workshop Meeting. Staff asked the
Planning Commission to continue this item until the December meeting to allow staff
time to tighten up the language in the code. The code amendment itself reaffirms the
longstanding allowance for used car sales and new car sales east of Highway 395 in C-
1 Zones, however west of Highway 395 there is a recommendation for new car sales
only near the intersections of the freeway at Road 68 and Road 100.
Commissioner Greenaway moved, seconded by Commissioner Hoekstra, to continue
the public hearing until the December 19, 2013 Meeting. The motion passed
unanimously.
OTHER BUSINESS:
A. Information Recreational Marijuana (MF# CA 2013-0051
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the staff memo
explaining the moratorium on the production, growing, processing and retail sales of
recreational marijuana consistent with the parameters established by the voters last
year with Initiative 502. The moratorium will prevent any City licensing of either
production, processing or retail sales. It does not stop the State from issuing a license
for any of the three. Staff provided the Planning Commission with a matrix to
illustrate what different cities have done regarding this issue. There was no action
requested from the Planning Commission.
-4-
WORKSHOP:
A. Code Amendment Follow Through Highway Signage (MF# CA 2012-
011)
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the proposed
code amendment for follow through highway signage. The proposed amendment
would allow follow through signage when certain food, gas or lodging services are not
readily visible from the State freeway ramps. The State already as regulations and
criteria that allows this type of signage. The color, size and material of the signs are
all subject to existing State regulations. The Planning Commission was asked to
determine if in fact these types of signs are even necessary, weigh in on the number of
signs and the distance from the State right-of-way that the signs may be allowed. At
this point staff has plugged in 900 feet as the maximum distance from the
intersection. Staff has recommended these signs for Road 100, Road 68 and Highway
395 Interchange.
Commissioner Kempf stated that the proposed code amendment and ordinance look
good.
Chairman Cruz clarified that the signage are the signs driver's see once they get off of
the highway to direct them to the businesses.
Mr. White added that they are standardized and very recognizable. Most cities have
these signs.
Commissioner Polk asked if there was a reason that the intersection at Highway 395
and Court Street wasn't considered.
Mr. White responded that there is a reason. The geometry isn't quite right for the
signs; once a person gets off the highway it would be easy to just get lost again and
also, from the highway, drivers can see most of what is there. Staff determined just by
driving it that the signs weren't needed at that location.
There were no further comments.
COMMENTS:
With no further discussion or business, the Planning Commission was adjourned at
7:35 p.m.
Respectfully submitted,
Dave McDonald, City Planner
-5-
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)
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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.
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 height of the home on-site is 25 feet.
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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.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must develop findings of fact from which to draw its conclusions
based upon the criteria listed in 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.
7
APPROVAL CONDITIONS
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 for Findings of Fact: I move to adopt findings of fact and
conclusions therefrom as contained in the December 19, 2013 staff report.
MOTION for Recommendation: I move based on the findings of fact and
conclusions as adopted the Planning Commission recommend the City
Council grant a special permit to allow a detached garage 23.5 feet in height
as measured at the mid-point of the roof on tax parcel # 118-511-10;
addressed 5417 Dradie Street.
8
Vicinit y Item: Martinez Shop Height
Applicant: Daniel Martinez N
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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 841.21 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 50 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
applicant applied for a change from a parcel width of 810 to a new width of 822
feet and a revised public notice was sent to reflect this change, while the
hearing was continued to the December 19, 2013 date.
Subsequently the Applicant sent another request to change the rezone area,
this time from 822 to 841.21 feet in width. Thus the overall site area will need
to be 31.21 feet wider than the original proposal, extending 841.21 feet west of
Convention Drive rather than 810 feet as originally proposed. The applicant
has modified his rezone request to include the additional 31.21 feet. As the
public has already been notified of the original modification, and as the new
size does not extend the 300-foot radus notice area into any new lots, the
revised notification already sent has been deemend adequate to inform
neighbors of a change in the application and to invite them to attend the
hearing.
2
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
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:
3
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:
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.
5. 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 2/3 and south 1/3 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.
5. 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.
4
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.
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 213 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.
5
No special Conditions would be required.
S. A Concomitant Agreement should be entered into between the City and
the petitioner, and if so, the terms and conditions of such an agreement.
A Concomitant Agreement is not needed.
RECOMMENDATION
MOTION for Findings of Fact:
I move to adopt findings of fact and conclusions therefrom as contained in the
December 19, 2013 staff report.
MOTION for Recommendation:
I move based on the findings of fact and conclusions as adopted the Planning
Commission recommend the City Council approve the rezone from RT to R-1
and R-2 for the east 841.21 feet of Franklin County tax parcel #116-020-010.
6
Hayden Vicini Item: Rezone RT to R- I and R-2
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MEMORANDUM
DATE: December 19, 2013
TO: Planning Commission
FROM: Dave McDonald, City Planner
SUBJECT: Auto Sales in C-1 Zones (MF# CA2013-006)
Following the Council's direction the Planning Commission held a number of
workshops and one public hearing on the issue of auto sales in C-1 zones. At
the November hearing staff reviewed a proposed code amendment on this
issue and asked that the hearing be continued allow time to tighten up the
language in the code. The code language has been modified slightly by
reducing the distance of the area of applicability from 1,600 feet north of the
freeway right-of-way to 1,000 feet. This change will limit the possible impact
to residential areas and will still provide site options within a convenient
distance from the freeway interchanges. Additionally the language dealing
with buffering across the street from residential areas was deleted because
the areas of concern for the buffering are no longer within the impact area.
Any needed buffering and additional landscaping can be required through
special permit conditions.
The following paragraphs provide the historical background and findings
necessary for the Planning Commission to make a reasoned decision on this
matter.
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.
I
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
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 & 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.
2
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 I-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.
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
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, 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. No more than thirty-three percent of
a New Auto Dealership sales lot may be devoted to the display of pre-owned vehicles.
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 adjacent a single
arterial street; provided it is not adjacent to or across a public street right-of-way from a
residential district, not be leeated e'e°°r than 300 feet to any existing t!let;
iii Not located closer than 300 feet to any existing g ar lot.
2
(b) Located west of Highway 395 and north of I-182 provided any point of the
property is within 1,000 of the I-182 WSDOT rijzht-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;
tijil Not located closer than 300 feet to any existing c ar 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
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REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP2013-007 APPLICANT: Tri-Cities Community Health
HEARING DATE: 12/19/13 5151 W. Court St
ACTION DATE: 1/16/14 Pasco, WA 99301
BACKGROUND
REQUEST: SPECIAL PERMIT: Location of a Health Clinic at Ochoa Middle
School
1. PROPERTY DESCRIPTION:
Legal: That portion of the north half of the southwest quarter of Section
21, Township 9 North Range 30 East WM lying southwesterly of
SR 12 except the Mesa Verde Subdivision and except Parcel #
113520093
General Location: 1801 E. Sheppard Street
Property Size: Approximately 45.6 acres
2. ACCESS: The site is adjacent East Sheppard Street and currently
contains a middle school
3. UTILITIES: Municipal sewer and water currently serve the site. Utility
connections to serve the proposed modular building will tap into the
utility connections currently serving the school.
4. LAND USE AND ZONING: The site has split zoning. The north half is
zoned C-3 (General Business) and the south half is zoned R-1 (Low-
Density Residential). The site contains a public middle school. The
property to the north is zoned C-3 (General Business) and contains a
Caterpillar heavy machinery sales and service dealership. The property to
the west is zoned R-1 and is developing with the Mesa Verde subdivision.
The site is bound on the east by US Highway 12. The properties to the
south are zoned R-1-A and are developed with homes on less than
quarter acre lots.
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site
as Government/Public. The Plan does not specifically address health
clinics, but various elements of the plan encourage locating businesses
in appropriate locations for their anticipated 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.
DISCUSSION
Tri-Cities Community Health (previously La Clinica) is proposing to locate a
health care clinic, on the Ochoa Middle School campus. The clinic will consist
of a modular type building of approximately 1,176 square feet with six (6) exam
rooms and one (1) dental exam room. The clinic is proposed to be located at the
northeast corner of the main parking lot near the tennis courts. There are
currently about 2,000 health clinics located in or on public school campus in
the Country. The U.S. Department of Health and Human Services is awarding
grants to health organizations to expand the number of school health clinics
the federal health care bill which directs $200 million toward school based
health centers. Tri-Cities Community Health has been awarded a grant to build
and operate a clinic at Chiawana High School and Ochoa Middle School.
School health clinics provide a wide range of health related services, however
clinics proposed for the Pasco School District will limit services to routine
follow-up for injuries, immunizations, sports physicals, EPSDT (Early 8v
Periodic Screening, Diagnosis & Treatment Programs), routine colds, coughs,
and etc., school nurse referrals and all other non-emergent care visits. The
clinic will only serve Pasco School District children. Tri-Cities Community
Health indicated in discussions with staff that the clinic may operate year
round rather than just during the school year.
The proposed non-profit community health clinic is defined as a Community
Service Facility under the Zoning Code [PMC 25.86.020(4)] and as such is
designated as an unclassified land use requiring review through the special
permit process. Unclassified uses are not restricted by zoning district but may
be located in any zoning district if granted a special permit.
Ochoa Middle School is located mostly in a low density residential zoning
district adjacent to a residential neighborhood. Schools are typically located in
or near residential neighborhoods and are an accepted part of the character of
residential areas. Schools are generally not considered commercial entities and
typically do not have offices and commercial enterprises in satellite buildings
located on campuses. The proposed clinic is identical to a for-profit medical
office in use but, is treated somewhat differently because of its non-profit
status. A typical doctor's office or emergency walk-in clinic would not be
permitted on a school campus because such uses are required to be located in
2
commercial zoning or office districts. Some schools have banking centers for
training purposes and fast food enterprises in the cafeteria. These activities
are integrated in the school building and only operate during school hours. In
the fore mentioned case(s) the exterior look and function of the school campus
retains the school character. The bank office or the pizza supplier does not
locate in a building in the corner of the parking lot.
Ochoa Middle School is located in an area of the community which lacks
medical treatment facilities. Generally, the portion of Pasco lying east of the
BNSF rail line and Highway 397 is characterized by consolidated residential
neighborhoods lined with heavy-commercial and light-industrial development
on the surrounding perimeter. Anyone living or working in this area in need of
medical services is required to travel west of 4th Avenue; with the nearest
clinics being the Tri-Cities Community Health main facility on Court Street and
the emergency care facility on the corner of Sth Avenue and Sylvester Street.
There may be merit to locating a clinic in an area of the community which
currently lacks nearby treatment centers.
Adding extra functions to a school campus brings with it the concern of
additional traffic impacts to the surrounding neighborhood. A typical 2,000
square foot health clinic will generate between 46 and 101 vehicle trips per day
(ITE Trip Generation Manual 8th Edition). The proposed clinic with an on
campus location is primarily designed to provide services to students attending
Ochoa Middle School. However the clinic is available to all Pasco School
District children and as such could generate additional traffic during the day.
If the clinic operates year round there will be additional traffic through the
neighborhood during holidays and summer months when the school is closed.
The service does not appear to be limited to just Ochoa students but will be
available to all Pasco School District children (children within the boundaries of
the School District).
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report
and comments made at the public hearing. The Planning Commission may
add additional findings as deemed appropriate.
1. Tri-Cities Community Health applied for a special permit to locate a
community health clinic on the Ochoa Middle School campus.
2. The site is located in the northeast corner of the Ochoa Middle School
parking lot.
3. The site is owned by the Pasco School District.
4. The site is within the R-1 portion of the Ochoa Middle School property.
3
5. The Comprehensive Plan identifies the site for low-density residential
uses.
6. Schools are unclassified land uses requiring review through the special
permit process prior to permitting for construction.
7. Non-profit community health clinics are defined as community service
facilities. Community service facilities are unclassified land uses
requiring special permit review prior to permitting for construction.
8. Tri-Cities Community Health proposes to provide the following medical
services; routine follow-up for injuries, immunizations, sports physicals,
Early 8v Periodic Screening, Diagnosis 8v Treatment Programs (EPSDT),
examinations related to routine colds, coughs, etc., school nurse referrals
and all other non-emergent care visits.
9. The clinic will only serve Pasco School District children.
10. Tri-Cities Community Health indicated in discussions with staff that the
clinic may operate year-round rather than just during the school year.
11. Standard medical clinics, offices and emergency care facilities are
permitted uses in commercial zones
12. A 2,000 square foot health clinic can be expected to generate between 42
and 101 vehicle trips per day (ITE Trip Generation Manual 8th Edition).
13. The proposed clinic is intended to primarily serve students at Ochoa
Middle School.
CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must draw its conclusion from the findings of fact based upon the
criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are
as follows:
1) Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
Development of the Ochoa Middle School supported policies of the
Comprehensive Plan related to the provision of educational facilities in
the community and policies related to the development of utilities and
street extensions. The Comprehensive Plan does not discuss the need
for medical clinics on school campuses. A medical clinic can be viewed
as a commercial or commercial-office use and as such the location in
single-family zoning district would not be supported by the Plan.
2) Will the proposed use adversely affect public infrastructure?
4
The proposal will have minimal impact on city utilities any may
generate some additional traffic on adjoining streets. It is not
anticipated there will be any adverse impacts affecting public
infrastructure resulting from the operation of the clinic.
3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
The Ochoa Middle School has demonstrated a history of being operated
in harmony with the intended residential character of the
neighborhood. The addition of a small building in the corner of the
main parking lot will have minimal impact on the surrounding
neighborhood. The operation of a medical clinic within the building
during school likewise would appear to have little impact on the
neighborhood. However the operation of a health clinic on the school
grounds year-round changes the nature of the school property where
the neighborhood is accustom to little or no traffic residents will now
experience activity on the school ground that is unexpected.
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 construction of schools in residential neighborhoods has not been
found to discourage development or impair the value of surrounding
properties. The construction of a small building in the corner of a
school parking lot will do little to change the character of the school
grounds. The operation of a year round medical clinic on school
property changes the character of the school and may have unforeseen
impacts on the neighborhood.
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?
Experience has shown that schools within Pasco generate few
complaints from neighbors. Schools sites are typically not a source of
dust, fumes, vibrations or flashing lights. During weekends, the
summer break, and other break periods very little traffic is generated
and virtually no activity exists. The addition of a year-round medical
clinic on school property changes the character of the school grounds
to more of a commercial use which is not always recognized as a
positive activity within residential neighborhoods.
5
6) Will the proposed use endanger the public health or safety if located and
developed where proposed, or in any way will become a nuisance to uses
permitted in the district?
Residents living near schools are accustomed to the seasonal activities
that occur on school grounds, including activities occurring during
holidays and the summer break. Including a year-round health clinic at
a school within a residential neighborhood changes the character of the
school grounds and adds a commercial element that may be viewed as a
nuisance by residents.
RECOMMENDED APPROVAL CONDITIONS
1. The special permit shall apply to the east half Parcel No.
117590010.
2. The proposed clinic shall be constructed to match the school in
exterior wall treatments and roofing materials and color.
3. No clinic signage, displays or other types advertising is permitted
anywhere on the school grounds except on the wall of the clinic
facing the parking lot. Said wall signage shall not be larger than
ten (10) percent of the wall area.
4. Clinic operations shall be limited to the hours of operation for
Ochoa Middle school.
5. No media or other off-premise advertising shall be permitted for the
clinic or its services.
6. As a part of the school campus the clinic shall only provide
services to students and teachers enrolled or working at Ochoa
Middle school.
7. On February 19, 2015 staff will re-visit the Special Permit to
consider impacts of the clinic.
8. The special permit shall be null and void if a building permit has
not been obtained by February 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
January 16, 2013 Planning Commission meeting.
6
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Architects and Planners
PO Box 1276 -- Richland, WA 99352
(509) 539-5055
Tri-Cities Community Health
School Based Small Clinic Program
Ochoa Middle School
Attachment A:
Legal Descriptions —
OCHOA MIDDLE SCHOOL—
THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP
9 NORTH, RANGE 30 EAST, W.M., FRANKLIN COUNTY WASHINGTON, LYING
SOUTHWESTERLY OF HIGHWAY395/12 RIGHT-OF-WAY, EXCEPT THAT PORTION
THEREOF LYING NORTH AND EAST OF THE FOLLOWING DESCRIBED LINES:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 21; THENCE
S89 21'48" E ALONG THE EAST/WEST CENTER OF THE SECTION LINE; 364.60
FEET TO THE TRUE POIN OF BEGINNING OF SAID LINES,- THENCE S 00 28'23"
W/200.00 FEET; THENCE S 89 21'48" E 1124.27 FEET, MORE OR LESS TO THE
SOUTHWESTERLY RIGHT-OF-WAY OF HIGHWAY 395/12 AND THE TERMINUS OF
SAID LINE.
4. Give a detailed description of the proposed use that requires a special permit.
History: Tri-Cities Community Health (TCCH) is a private, nonprofit community and
migrant health center serving Benton, Franklin and Walla Walla Counties in Eastern
Washington State since 1982. TCCH is the largest health care system in the service
area offering a full range of culturally and linguistically appropriate primary health care
services regardless of ability to pay.
Target Population/Need- TCCH is proposing to open two school-based health centers
(SBHC) in Pasco, Washington to improve access to high-quality primary health care to
the entire Pasco School District (P SD) population. The 24 PSD schools, with a current
enrollment of 10,750 K-121h grade students, have a 7% annual growth rate. The target
population includes low-income, uninsured, underinsured and migrant seasonal
farmworker students and their families. Currently 7,720 students (71.8%) qualify for
Federal Free and Reduced School Lunch. To qualify students' family income is at or
below 185% of the Federal Poverty Level (FPL). Children in Washington are Medicaid-
eligible at 200% FPL. The identified health care needs of the target population are late-
entry to prenatal care, poor rates of preventive care including well child visits, childhood
immunizations and dental care. Barriers that limit the population's access to care
include an inadequate number of local providers, few private providers accepting
Medicaid, cultural and language differences, poverty, and fear of deportation. Given
the large population of Medicaid- eligible students, TCCH requests a funding preference
for this application.
Proposed Projects The TCCH SBHCs will be strategically located on the east and the
west side of the PSD, providing primary medical care and preventive dental screening
and sealants to students throughout the district. Two modular clinic facilities will be
placed on school grounds owned by the PSD. The PSD Administration fully supports
the establishment of the SBHCs and is prepared to enter into a long term lease with
TCCH for the land at a nominal rate. Each 2000 sq. ft. modular building has 6 exam
rooms, 1 dental operatory and associated space. The SBHCs will be located by the
school parking lots; no separate parking lots will be constructed.
Capital Expenditures: Concrete bases will be constructed to place and support the
purchased modular clinic. Utility hook-ups will tap into the utility lines from each school
facility. The estimated cost of each SBHC facility includes construction and capital
equipment. The total estimated grant request cost is $500,000.
REPORT TO THE PLANNING COMMISSION
MASTER FILE NO. Z 2013-006 APPLICANT: Juan Ochoa
HEARING DATE: 12/19/13 1410 E. Lewis Street
ACTION DATE: 1/16/13 Pasco, WA 99301
BACKGROUND
REQUEST: REZONE Rezone from C-1 (Retail Business) to C-3 (General
Business)
1. PROPERTY DESCRIPTION:
Legal: The east 81' of lots 17 to 22, Block 150 together
with 10' of vacated California Avenue together with
the south 10' of vacated alley north of lot 22, Pasco
Land Company's First Addition
General Location: The northwest corner of Columbia Street and
California Avenue
Property The two parcels have a combined area of
approximately 15,015 ft2 (0.34 acres).
2. ACCESS: The property has access from both California Avenue and
Columbia Street.
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 C-1 (Retail
Business) and is currently vacant. Surrounding properties are zoned
and developed as follows:
North C-1 - Commercial
South I-1 - Commercial
East C-1 - Parking lot
West C-3 - Commercial
S. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area
for Industrial uses.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. Based on the SEPA checklist, the adopted City
Comprehensive Plan, City development regulations, and other
information, a threshold determination resulting in a Determination of
Non-significance (DNS) has been issued for this project under WAC 197-
11-158.
1
ANALYSIS
The applicant (Juan Ochoa) has requested a change of zoning for his parcels
located on the northwest corner of California Avenue and Columbia Street from
C-1 (Retail Business) to C-3 (General Business). The site is comprised of two
adjacent parcels with a combined area of approximately 15,015 square feet.
Under the current zoning classification of C-1 (Retail Business) the applicants'
intended use of truck/equipment staging is not permitted. Mr. Ochoa has
decided to use the rezone process as a vehicle to allow his intended use of the
property.
The site and surrounding area was initially platted in 1889 as the Pasco Land
Company's Addition. The area was then developed with a mixture of homes
and businesses. In the early 1970's the area south of Lewis Street and west of
Wehe Avenue was designated as an Urban Renewal area and set aside for
industrial and heavy commercial activities. All non-industrial and non-
commercial structures were removed or relocated. Extensive street and utility
construction took place in the area for the purpose of servicing future
commercial and industrial activities. The fencing and pine tree buffer along
the west side of Wehe Avenue was also installed at this time to serve as a buffer
between the industrial/commercial area to the west and the residential
neighborhoods to the east. Most of the properties within the Urban Renewal
area were zoned I-1 with the exception of two and a half block along Lewis
Street. The applicant's property is located in one of these commercial blocks.
The applicant's property has remained C-1 (Retail Business) for at least 40
years.
The Comprehensive Plan designates the site for industrial land uses which
includes all subsequent commercial such as C-3 (General Business). The C-3
zone permits some heavy commercial land uses such as trucking yards,
contractor's storage yards, machinery sales and service and all uses permitted
in the "O" Office and "C-1" Retail Business zones.
Full site development including right-of-way improvements will be required
prior to establishing any use on the site. Standard development improvements
include: curbs, gutters, sidewalks, paved driveways and landscaping.
2
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 date the existing zone became effective:
The site has been zoned C-1 for at least 40 years. The exact date is uncertain.
2. The changed conditions in the vicinity which warrant other or additional
zoning:
The site is part of the area that was redeveloped with the Urban Renewal
Program in the early 1970's. This area including the applicant's site was
designated in the Comprehensive Plan for industrial development and was
mostly zoned I-1. Over the last 40 years most of the Urban Renewal Area has
developed with heavy commercial and industrial uses. The applicant's property
is one of the few remaining C-1 sites in the area. The west side of the
applicant's block is zoned C-3 and occupied by a construction supply company.
3. Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
The site currently exists in an undeveloped condition without paving or other site
improvements. Rezoning the property will enhance opportunities for development
consistent with development on the other half of the block and consistent with
other development within the Urban Renewal Area. Rezoning the property will
enable the community to realize the benefits from past public expenditures to
facilitate heavy commercial and industrial development within the community.
4. The effect it will have on the nature and value of adjoining property and
the Comprehensive Plan:
The proposed rezone will support and complement commercial and industrial
development on adjoining properties. Based on past experience with rezoning
underutilized commercial land adjacent to other commercial properties 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.
5. The effect on the property owners if the request is not granted:
If the rezone is not approved the owner will be unable to move forward with
planned improvements related to improving his business.
6. The Comprehensive Plan land use designation for the property:
The Comprehensive Plan designates the site for Industrial uses. A change in
zoning classification from C-1 (Retail Business) to C-3 (General Business) will be
consistent with the Plan and its Land Use Map.
3
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 part of the Urban Renewal Area.
2. The Urban Renewal Area was redeveloped in the 1970's through the
removal of all non-industrial and non-commercial structures from the
area and the development of streets and utilities specifically designed
to serve heavy commercial and industrial activities.
3. All properties within the Urban Renewal Area were zoned I-1 with the
exception of 2 1/2 blocks along Lewis Street.
4. The site is one of the few remaining undeveloped properties within the
Urban Renewal Area.
S. The site is approximately 0.34 acres in area.
6. The site is comprised of Franklin County tax parcels 111-082-050 &
112082078.
7. The site fronts both California Avenue and Columbia Street.
8. The site is vacant.
9. The site is currently zoned C-1 (Retail Business).
10. The Comprehensive Plan designates the site for Industrial uses.
11. The proposed change of zoning is consistent with 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. The
request for C-3 zoning is consistent with the Industrial Land Use Designation.
2. The effect of the proposal on the immediate vicinity will not be materially
detrimental.
Adjacent lands to the south are zoned I-1 and the west half of the applicant's
block is zoned C-3. The Comprehensive Plan designates the property and
surrounding Urban Renewal Area for industrial land uses. The Industrial Land
Use designation implies that uses allowed in the light industrial and commercial
zones will not impose materially detrimental effects on the vicinity.
4
3. There is merit and value in the proposal for the community as a whole.
Rezoning the property will enable the community to realize the benefits from past
public expenditures to facilitate heavy commercial development within the
community.
4. Conditions should be imposed in order to mitigate any significant
adverse impacts from the proposal.
The applicant has not proposed any specific development plan to be considered
for the application of any special conditions or restrictions beyond those built into
the C-3 zoning language. The Unclassified Uses section of the Zoning Code
contains requirements for special permit review for uses which may be disruptive
to adjacent or nearby land uses. No special site-specific conditions are proposed
by staff.
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 required.
RECOMMENDATION
MOTION: I move to close the hearing on the proposed rezone and
initiate deliberations and schedule adoption of findings of fact,
conclusions and a recommendation to the City Council for the
January 16, 2014 meeting.
5
Vicin Item: Rezone C- 1 to I- 1
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MEMORANDUM
DATE: December 19, 2013
TO: Planning Commission
FROM: Shane O'Neill, Planner I
SUBJECT: Accessory Structure Floor Area (MF# CA2013-008)
This year Council adopted a broad update to the Zoning Code. The update
included increases to the maximum floor area allowed for detached shops and
garages in the RS-20, RS-12, RS-1 and R-1 zoning districts. Specifically, in the
RS-20 zone the allowable floor area was increased from 1,200 square feet to 1,600
square feet and a provision was added to allow an additional 400 square feet on
parcels over 40,000 square feet. In the RS-12 zone the generally permitted
maximum allowable floor area remained 1,200 square feet but a provision was
added to allow an additional 260 square feet on parcels over 24,000 square feet. In
the RS-1 and R-1 zones a provision was added allowing the floor area of shops and
garages to be increased by 200 square feet on parcels over 12,000 square feet.
While reviewing a separate matter dealing with maximum allowable heights for
shops and garages, Council inquired as to why floor area increases similar to those
discussed above, were not provided for the multi-family zoning districts (R-2, R-3
and R-4) on lots containing 12,000 square feet or more. The purpose of this memo
is to gain the Planning Commission's view on the matter of detached shop and
garage floor area in multi-family zones and whether or not an increase in floor area
should be provided based on parcel size and if so, what parcel size, how much
floor area and if such an increase in shop/garage area should be subject to review
through the special permit process.
It is important to know that the multi-family zones have a smaller minimum parcel
size of 5,000 square feet and those larger parcels with a multi-family zoning are
relatively rare. To help gauge the implication of a code amendment staff has
included two maps illustrating all parcels zoned R-2, R-3 and R-4 which are
12,000 square feet in area or greater and which are 10,000 square feet in area or
greater. The larger parcels shown on the maps contain larger apartment complexes
and the smaller parcels ore those which will be primarily affected by a code
amendment.
Given the small "pool" of potential R-2, R-3 and R-4 parcels with lot areas greater
than 12,000 square feet and the ability to review an application for a larger
detached shop/garage through a special permit; staff recommends that the
Planning Commission concur with the opportunity to use the special permit
process for review of larger shops/garages in the R-2, R-3 and R-4 districts with
lots over 12,000 square feet in area.
Parcels Zoned R-3 or R-
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