HomeMy WebLinkAbout01-16-2014 Planning Commission PacketPLANNING COMMISSION - AGENDA
REGULAR MEETING
I. CALL TO ORDER:
II. ROLL CALL:
III. PLEDGE OF ALLEGIANCE:
IV. APPROVAL OF MINUTES:
V. OLD BUSINESS:
A. Rezone
VI. PUBLIC HEARINGS:
A. Special Permit
7:00 P.M.
Declaration of Quorum
December 19, 2013
January 16, 2014
Rezone from C -1 (Retail Business) to C -3 (General
Business) (Juan Ochoa) (MF# Z 2013 -006)
Location of a health clinic at Ochoa Middle School
(Tri- Cities Community Health) (MF# SP 2013 -007)
(Continued from December 19, 2013 meeting)
B. Rezone Rezone from C -1 (Retail Business) to RS -12
(Residential Suburban)( Kevin & Betty Mills)(MF# Z
2013 -007)
VII. OTHER BUSINESS:
VIII. WORKSHOP:
IX. ADJOURNMENT:
REGULAR MEETING
PLANNING COMMISSION MEETING
CALL TO ORDER:
The meeting was called to order at 7:00pm by Chairman Cruz.
POSITION MEMBERS PRESENT MEMBERS ABSENT
No.
1
Tim Hoekstra
No.
2
Tony Bachart
No.
3
Andy Anderson
No.
4
No.
5
Joe Cruz
No.
6
No.
7
No.
8
Jana Kempf
No.
9
Paul Hilliard
APPEARANCE OF FAIRNESS:
Alecia Greenaway
Loren Polk
Zahra Khan
December 19, 2013
Chairman Cruz read a statement about the appearance of fairness for hearings on
land use matters. Chairman Cruz asked if any Commission member had anything to
declare. There were no declarations.
Chairman Cruz then asked the audience if there were any objections based on a
conflict of interest or appearance of fairness question regarding the items to be
discussed this evening. There were no objections.
ADMINISTERING THE OATH:
Chairman Cruz explained that state law requires testimony in quasi - judicial hearings
such as held by the Planning Commission be given under oath or affirmation.
Chairman Cruz swore in all those desiring to speak.
APPROVAL OF MINUTES:
Commissioner Kempf moved, seconded by Commissioner Anderson, that the minutes
dated November 21, 2013 be approved as mailed. The motion passed unanimously.
OLD BUSINESS:
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.
Shane O'Neill, Planner I, discussed the special permit for a height increase for a
-1-
detached accessory structure to exceed the allowable height by 5 '/2 feet. Since the
previous meeting, Finding # 14 in the staff report was changed to reflect the height of
the existing single - family home is 25 feet, indicating the peak height. There were no
further changes.
Commissioner Anderson moved, seconded by Commissioner Hilliard, to adopt the
findings of fact and conclusions therefrom as contained in the December 19, 2013
staff report. The motion passed unanimously,
Commissioner Anderson moved, seconded by Commissioner Hilliard, 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 -104; addressed 5417
Dradie Street. The motion passed unanimously.
Mr. O'Neill explained that this item will go to the January 6, 2014 City Council
Meeting unless an appeal is received.
PUBLIC HEARINGS:
A. Rezone Rezone from RT (Residential Transition) to R -1
ILow Density Residential) and R -2 (Medium
Density Residential) (Nathan Machiela) IMF# Z
2013 -0051 Continued from November 21, 2013
meeting
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 to R -1 and R -2. He explained that this is a continued public
hearing from the previous meeting. It is a rezone of approximately 50 acres at the
northwest corner of Sandifur Parkway and Convention Drive. It is proposed that the
southerly portion be rezoned to R -2 and the remainder of the site be zoned R -1. The
public hearing was continued because the site was slightly enlarged but an analysis of
the enlargement indicated that no further properties needed to be notified of the
hearing.
Jason Mattox, 6115 Burden Boulevard, from HDJ Design Group, spoke on behalf of
the applicant. He briefly discussed the enlargement since the previous meeting. He
stated that he is in support of the staff findings and recommendation.
With no further comments the public hearing closed.
Commissioner Hoekstra moved, seconded by Commissioner Anderson, to adopt the
findings of fact and conclusions therefrom as contained in the December 19, 2013
staff report. The motion passed unanimously.
Commissioner Hoekstra moved, seconded by Commissioner Anderson, based on the
-2-
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. The motion passed unanimously.
Mr. White explained that this item will go to the January 6, 2014 City Council Meeting
unless an appeal is received.
B. Code Amendment Special Permits for Auto Sales in C -1 (Retail
Business) Zones (MF# CA 2013 -006) Continued
from November 21, 2013 meeting
Chairman Cruz read the master file number and asked for comments from staff.
Dave McDonald, City Planner, discussed the code amendment for special permits for
auto sales in C -1 Zones. The public hearing for this item was continued from the
previous meeting to enable staff to tighten up some language in the code and bring it
back for consideration. Last month, staff was recommending the area of impact for
new auto dealerships on the western part of the community to have buffer strips of
1,600 feet northerly of the freeway and 2,500 feet on either side of Road 68 and Road
100. Looking at that in more detail, the impact of the buffer areas on residential
neighborhoods could be lessened by moving that line about 600 feet south and still
capture most of the high visibility sites along Burden and Sandifur Parkway to
achieve the original goal.
Another item staff modified since the previous meeting was the definition of "new
dealerships ". A sentenced was added to the end of the definition stating, "No more
than 33 percent of a new auto dealership sales lot may be devoted to the display of
pre -owned vehicles." This will ensure the dealerships will be in fact, new dealerships,
although all dealerships have a certain percent of used vehicles.
Staff requested feedback regarding the provision dealerships should "Not located
closer than 300 feet to any existing car lot." This has been a longstanding
requirement in the older part of the community to prevent long strips of used car
dealerships along arterial streets. However, when dealing with new dealerships, staff
asked the Planning Commission if they should be dispersed or have them all together,
much like the Auto -Plex.
Commissioner Anderson responded that with new dealerships he didn't see a problem
with them being next to each other like the Auto -Plex and doesn't feel the need to have
the 300 foot buffer.
Commissioner Hilliard stated that he was in agreement with Commissioner Anderson.
Commissioner Hoekstra asked for an example to represent 300 feet.
Mr. McDonald answered that 300 feet is about a typical residential block.
Commissioner Hoekstra stated that he didn't see a necessity for the 300 feet with the
-3-
new dealerships.
Commissioner Kempf voiced initial concern for the Auto -Plex relocating to West Pasco,
however since they are currently upgrading, she doesn't foresee a problem.
Commissioner Bachart did not have a problem with what staff proposed.
Chairman Cruz stated that he did not have a problem with what staff proposed.
Commissioner Anderson discussed potential tax revenue that could be generated from
having new auto dealerships in West Pasco.
With no further comments the public hearing closed.
Commissioner Hilliard moved, seconded by Commissioner Kempf, the Planning
Commission adopt the findings of fact as contained in the December 19, 2013 staff
memo on Auto Sales in C -1 Zones. The motion passed unanimously.
Commissioner Hilliard moved, seconded by Commissioner Kempf, the Planning
Commission recommend the City Council adopt the proposed C -1 special permit code
amendments as attached to the December 19, 2013 staff memo to the Planning
Commission, with the amendment to strike (iii) Not Located closer than 300 feet to any
existing car lot. The motion passed unanimously.
C. Special Permit Location of a health clinic at Ochoa Middle
School (Tri- Cities Community Health) (MF# SP
2013 -007)
Chairman Cruz read the master file number and asked for comments from staff.
Shane O'Neill, Planner I, discussed the special permit for the location of a health clinic
at Ochoa Middle School. This application was received earlier in this year to operate a
small medical clinic at Ochoa Middle School but was withdrawn. It was originally
paired with an application for Chiawanna High School but now the applicants wants
to move forward with one clinic at Ochoa Middle School.
Mr. O'Neill briefly explained the background of the application and explained where
the proposed clinic would be located on the school property. It was further explained
that the applicant had requested the hearing be continued to allow further input from
the School District about conditions related to the operation of the clinic on school
property.
Commissioner Anderson moved, seconded by Commissioner Kempf, to continue the
public hearing to the January 16, 2014 meeting. The motion passed unanimously.
D. Rezone Rezone from C -1 (Retail Business) to C -3
(General Business) (Juan Ochoa) (MF# Z 2013-
006)
Chairman Cruz read the master file number and asked for comments from staff.
Shane O'Neill, Planner I, explained the rezone application from C -1 to C -3. The
applicant is proposing to rezone two parcels at the northwest corner of Columbia
Street and California Avenue. The two parcels have remained vacant ever since they
were originally platted in the late 1800's. These parcels were a part of an urban
renewal program in the 1970's where the homes in the area were relocated elsewhere
and a vegetative barrier was added on Wehe Avenue. The site is surrounded by a mix
of retail commercial, heavy commercial and light industrial development and zoning
districts.
The applicant chose not to speak for the public hearing.
Commissioner Kempf asked the applicant what his intended use was for the site.
Juan Ochoa, 99809 E. Michelle Drive, Kennewick, WA answered that he owns a farm
laborer company and transport employees to the job sites. He would like to use this
site to park the vehicles used for his business.
With no further questions the public hearing closed.
Commissioner Hilliard moved, seconded by Commissioner Bachart, to close the public
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. The motion passed unanimously.
OTHER BUSINESS:
A. Code Amendment Accessory Structure Floor Area (MF# CA 2013-
008)
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the code
amendment for accessory structure floor area. The City Council had asked the
Planning Commission to consider developing recommendations for accessory floor
area modifications as a result of earlier discussions regarding accessory structure
height. Staff asked the Planning Commission to consider the R -2, R -3 and R -4 zones
as those that would be appropriate for adding up to an additional 200 square feet for a
detached garage or shop, assuming a lot is at least 12,000 square feet and also
assuming that it goes through the special permit process, much like the additional
height provisions. Maps were provided to the Planning Commission depicting the R -2,
R -3 and R -4 zoned properties that have 12,000 square feet. The smaller lots on the
map with single - family homes would perhaps be able to apply for a special permit
under certain circumstances to have larger shop or garage sizes. Given the small
potential for abuse and the ability to use the special permit process, staff asked the
Planning Commission if they were in agreement with the proposal.
-5-
Chairman Cruz stated that it wouldn't be a substantial amount of lots affected.
Commissioner Bachart asked if it would have to go through the special permit process
of if a matrix could be used instead.
Mr. White responded that a matrix could work and staff considered it with the
accessory structure shop height, however it was concluded that the special permit
process was a better option because it allows the ability to analyze unique
circumstances and to put conditions where they might be appropriate.
Chairman Cruz added that some of the challenges are irregular lot sizes or if someone
wants to build something tall below the threshold that could still be intrusive and that
the special permit process is not that difficult.
The Planning Commission was in agreement with staff and Chairman Cruz.
COMMENTS:
Rick White, Community 8s Economic Development Director, briefed the Planning
Commission on the status of the Shoreline Master Plan Update. He stated that a
contract has been signed with a consultant to begin the process of the Shoreline
Master Plan Update. The consultant has experience in Shoreline Plans and has
helped other local municipalities. The Planning Commission should expect meetings
in the future regarding the Shoreline Master Plan Update.
With no further discussion or business, the Planning Commission was adjourned at
7:36 p.m.
Respectfully submitted,
Dave McDonald, City Planner
®.
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: l/ 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 Size: The two parcels have a combined area of
approximately 15,015 ft' (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
5. 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 1 -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
plans 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.
7
STAFF FINDINGS OF FACT
Findings of Fact must be entered from the record. The following are initial
Findings drawn from the background and analysis section of the staff report.
The Planning Commission may add 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.
5. The site is approximately 0.34 acres in area.
6. The site is comprised of Franklin County tax parcels 111 - 082 -050 8v
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 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.
M
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 for Findings of Fact: I move to adopt findings of fact
and conclusions therefrom as contained in the January 16, 2014
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 C -1 (Retail
Business) to C -3 (General Business) for Franklin County tax
parcels 112- 082 -050 and 112 - 082 -078.
5
z
o v
w�
a,o a21AV 3H21M
ct
PCs
O
o
x
C� �
?0MO.
rA
z W
.�
HAV AHAM
POO
A
C i"1
I—�
' wE /
rn
.. .� w P.0
w
Pm
AV MrIXNVN21
�~ M
N \
y
r' I
i
dr —
1
9F ,
!y
9
m
O
U)
44
O
O
L
C
t
E
y
I
S I �
A
'II)
i�
�UL
R'y .%
1
I
s°
flp''
I
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP2013 -007 APPLICANT: Tri- Cities Community Health
HEARING DATE: l/ 16/14 5151 W. Court St
ACTION DATE: 2/18/14 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.
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 &
Periodic Screening, Diagnosis 8s 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
7
permitted on a school campus because such uses are required to be located in
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 5th 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.
M
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.
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 & 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.
EI
2) Will the proposed use adversely affect public infrastructure?
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
5
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.
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.
MOTION: I move to close the public hearing and schedule
deliberations, the adoption of findings of fact, and
0
development of a recommendation for City Council for the
January 16, 2013 Planning Commission meeting.
7
Z
C�
x
� IuT� • r�
lT�\J
V
O
O
� Q
a � M
[� O
v�N
c
m
ii
f U �
i
U
Ay
3AIV 'Ail
or
• i �
I
IIIN��w1V�N
Fp N
q
+lam i
z �
Q ct
it
x
•� L
I� F-4•1
Li
V1 W � W
Tj
z
Q �
H o �
SON
�j
• � � � � fin- -c��� O
Uo U ••
Q� I JLtt dl
U �• 4�— PSI �n= - �S
a
N C�
i
4J
N
Cd
W
ho
opq 4J
�1 ~
O
O
P4
oN1 %5.
<,
a
{{l
11
b ME
S
c
I
I
r
M 65
9
O
� l
1= M r a
c-
m
�
o0
z
z o m SMALL CLINIC '^ O
�rv(A TRI- CITIES COMMUNITY =
�o �« ARCHITECTS HEALTH
g m ARCHITECTS - PLANNERS PASCO SCHOOL DISTRICT !+
/.uD KENNEWCK. WA 509.737 PASCO, WA '(
yd
1 41
AGREEMENT
BETWEEN
THE PASCO SCHOOL DISTRICT
AND
TRI- CITIES COMMUNITY HEALTH
FOR THE OPERATION OF A SCHOOL BASED HEALTH CENTER
THIS AGREEMENT is made on by and between the PASCO SCHOOL DISTRICT,
hereinafter called "DISTRICT" and TRI- CITIES COMMUNITY HEALTH, a non -profit agency
hereinafter called "TCCH."
WHEREAS, the Parties desire to collaborate toward the establishment, maintenance, and
advancement of a School Based Health Center; and
WHEREAS, District is a Washington State Public School District and desires to provide facilities for
a school based health center to be operated by TCCH at
WHEREAS, TCCH has developed and maintained the infrastructure, expertise and resources
necessary to provide clinical services required and appropriate for the operation of a School Based
Health Center; and
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained
herein. Acknowledged by the Parties, DISTRICT AND TCCH do hereby agree as follows:
BE IT AGREED by and between the parties as follows:
(1) Statement of Need for Services. TCCH and DISTRICT will collaborate to provide a
school - linked health care program of primary care called School Based Health Center (hereinafter,
SBHC). TCCH has the medical framework and mission to provide health care to children who are
eligible for TCCH services. DISTRICT has identified the need for accessible and affordable health
care for students across the District who are otherwise underserved. The SBHC team will link health
and education by providing programs for early detection of health related problems and provision of
interventions to help these children achieve optimal learning and health. DISTRICT will provide a
location for the SBHC facility to be operated by TCCH.
(2) PSD Student Access to SBHC. The SBHC advances TCCH's mission by serving students
who are underserved or uninsured. However, the SBHC will not limit its service to this category of
students. The SBHC will serve any student in the community, including students who have
commercial insurance coverage. DISTRICT students are not obligated to use the SBHC.
AGREEMENT —Page 11
(3) Health Care Team. TCCH will provide adequate staffing to support the level of service
necessary for the patient population at the SBHC. The provider assigned by TCCH to provide
primary medical care services at the SBHC will collaborate with other TCCH clinical staff in the
development of protocols for common acute care problems and will consult with specialized medical
providers for complicated medical problems. Collectively these individuals shall be referred to
hereinafter as the Health Care Team.
(4) Scope of Service. Health care services will be provided or arranged for by the Health Care
Team by and through TCCH. TCCH is exclusively responsible for the provision of service through
the SBHC. The role of DISTRICT is limited to collaboration as specified in paragraph (5) below.
The District, its agents, and employees are not in any way responsible for the provision of health care
services through the SBHC.
(5) Collaboration. Collaboration between the District staff and TCCH clinic staff plays an
important part in providing community access to the SBHC. The school nurses and other staff may
be a source of referrals for students who wish to be served by the SBHC. If the District so desires,
TCCH clinical staff may collaborate with school nurses or designated District staff to develop health
education programs for the benefit of the students and their families.
(6) Hours of Service. The hours of service for the SBHC shall be set by TCCH dependent upon
utilization of the SBHC. Patients may seek services at the TCCH's health centers during SBHC
clinic closure. PSD students will have access to TCCH's after hour services, such as TCCH Urgent
Care Clinic and Nurse Advice telephone services that are provided 24 -hours a day, 7 days a week.
(7) Fees for Services. Fees for the services rendered by the TCCH providers will be charged
according to TCCH policies. No child will be refused care due to inability to pay.
(8) Location. The SBHC will be located on the campus at Ochoa Middle School, 1801
Sheppard Street, Pasco, Washington. The specific location of the physical facility and the specific
terms of operation at this location will be arranged by the DISTRICT and TCCH in a separate lease
agreement.
(9) Termination and Notice of Termination. This Agreement may be terminated by either
party for any reason upon one hundred and eighty (180) days written notice. The Parties hereto
acknowledge that DISTRICT and TCCH are subject to certain budgetary constraints and agree that,
in the event funding for the provision of services of performance hereunder by either TCCH or
DISTRICT is not appropriated or provided in the budget for its next fiscal year, DISTRICT or TCCH
may immediately terminate this Agreement without penalty and its duties hereunder shall cease.
(10) Consent. TCCH will require all students to have a signed parent consent form from a parent
or legal guardian before services will be provided, except in situations where federal and/or state
laws allow students to access such treatment without parent/guardian consent.
INTERLOCAL AGREEMENT — P a g e 12
(11) Notice. All notices under this Agreement shall be provided to the Parry in writing either by
personal delivery or by United States mail. All notices under this Agreement shall be deemed given
to a Party when received by such Party's designated representative. The designated representative
for each Parry is as follows:
TCCH DISTRICT
Juan A. Cordova Saundra Hill
Chief Executive Officer Superintendent
Tri- Cities Community Health Pasco School District
515 W. Court Street 1215 W. Lewis St.
Pasco, WA 99301 Pasco, WA 99301
(12) HIPAA Compliance. TCCH and the DISTRICT, its officers, employees, and representatives
shall keep confidential all medical and related records and health care information regarding SBHC
patients and others, and shall comply with all federal and state laws, rules and regulations pertaining
to patient confidentiality and the use and disclosure of information regarding SBHC's patients,
including but not limited to the Health Insurance Portability and Accountability Act of 1996 (42
U.S.C. 1320(d) ( HIPAA). The Parties acknowledge that federal regulations relating to the
confidentiality of individually identifiable health information require covered entities to comply with
the Stand for Privacy of Individually Identifiable Health Information and the health Insurance
Reform: Security Standards published by the U.S. Department of Health and Human Services at 45
C.F.R. parts 160 and 164 under HIPAA, as amended, and as may be applicable to the services
rendered by the Business Associate to the Covered Entity, under the Gramm- Leach -Biley Act and
implementing regulations.
(13) General Indemnification. The DISTRICT and the TCCH each agree to defend and
indemnify the other and its elected and appointed officials, officers, employees and agents against all
claims, losses, damages, suits, and expenses, including reasonable attorneys' fees and costs, to the
extent they arise out of, or result from, the negligence or willful misconduct of the indemnitor or its
elected or appointed officials, officers, employees and agents in the performance of this Agreement.
The indemnitor's duty to defend and indemnify extends to claims by the elected or appointed
officials, officers, employees or agents of the indemnitor or of any contractor or subcontractor or
indemnitor. The indemnitor waives its immunity under Title 51 of the Revised Code of Washington
solely for the purpose of this provision and acknowledges that this waiver was mutually negotiated.
This provision shall survive the termination of this Agreement.
(14) Captions. The paragraph and subsection captions used in this Agreement are for
convenience only and shall not control or affect the meaning or construction of any provisions of this
Agreement.
INTERLOCAL AGREEMENT — P a g e 13
(15) Entire Agreement. This Agreement contains the entire Agreement and understanding of the
parties with respect to the subject matter hereof, and supersedes all prior oral or written
understandings, agreements, promises or other undertakings between the parties.
(16) Governing Law. This Agreement shall be interpreted in accordance with the laws and court
rules of the State of Washington in effect on the date of execution of this Agreement. In the event
any party deems it necessary to institute legal action or proceedings to ensure any right or obligation
under this Agreement, the parties agree that such action shall be brought in a court of competent
jurisdiction situated in Benton County, Washington.
(17) No Third Party Rights. Except as expressly provided herein, nothing in this Agreement
shall be construed to permit anyone other than the parties hereto to rely upon the covenants and
agreements herein contained nor to give any such third party a cause of action (as a third party
beneficiary or otherwise) on account of any nonperformance hereunder.
(18) Amendment of Waiver. This Agreement may not be modified or amended except by
written instrument duly signed by personals authorized to sign agreements on behalf of TCCH and
DISTRICT. No course of dealing between the parties or any delay in exercising any rights hereunder
shall operate as a waiver of any rights of any party.
(19) Term. The term of this Agreement shall be for ten (10) years unless otherwise amended in a
negotiated lease agreement between the Parties. If TCCH does not gain necessary funding this
agreement will terminate upon written notice from TCCH to DISTRICT.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year herein
above mentioned.
Date:
Date:
Tri- Cities Community Health Pasco School District
Juan A. Cordova, CEO Saundra Hill, Superintendent or designee
INTERLOCAL AGREEMENT — P a g e 14
REPORT TO THE PLANNING COMMISSION
MASTER FILE NO. Z 2013 -007 APPLICANT: Kevin & Betty Mills
HEARING DATE: 01/16/2014 1215 Gage Blvd.
ACTION DATE: 02/20/2014 Richland WA 99352
BACKGROUND
REQUEST: REZONE Rezone from C -1 Retail Business to RS -12
(Residential Suburban)
1. PROPERTY DESCRIPTION:
Legal: The South 160' of the North 406' of the West 214.5' of
the Northwest corner of the Northeast corner of Section
25, Township 9, Range 29.
Location: 1325 Road 44
Property Size: Approximately 31,123 square feet or .71 acres
2. ACCESS: The property has access from Road 44 along the west property
line.
3. UTILITIES: All utilities are available to the site.
4. LAND USE AND ZONING: The site is currently zoned C -1 (Retail
Business). The site is developed with a single - family home. Surrounding
properties are zoned and developed as follows:
North C -1 (Commercial) - SFDU
East C -1 (Commercial) - SFDU
South RS -12 (Suburban Residential) - SFDU
West RS -12 (Suburban Residential) - SFDUs
5. COMPREHENSIVE PLAN: The Comprehensive Plan Land Use Map
designates this area 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
The property in question is developed with a single - family home which was
built in 1946. The residential unit became a legal nonconforming use after the
lot was annexed into the City in 1996 under Ordinance #3144, and
subsequently assigned C -1 zoning by Ordinance #3145. The lot comprises
approximately .71 acres fronting on Road 44 along the west property line.
The current (C -1) zone does not allow for residential units except according to
Pasco Municipal Code 25.42.040(1), as follows:
1) 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; or,
2) 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.
As well, nonconforming structures may not be "altered or extended," as per
PMC 25.72.040(1)(a).
Applicant wishes to rezone the subject property to eliminate the nonconformity,
allowing for expansions of the current residential use.
The City of Pasco Comprehensive Plan shows the property to be within a low -
density residential designation. The requested RS -12 Zone allows for up to one
dwelling per 12,000 square feet with up to 40% lot coverage and principal
building heights up to 35 feet without a special permit.
Housing Policy H -2 -A calls for the City to "Allow for a full range of residential
environments including single family homes, townhouses, condominiums,
apartments, and manufactured housing." Housing Policy H -4 -B requires the
City to "Maintain development regulations and standards that control the scale
and density of accessory buildings and homes to maintain compatibility with
other residential uses."
The initial review criteria for considering a rezone application are explained in
PMC. 25.88.030. The criteria are listed below as follows:
1. The changed conditions in the vicinity which warrant other or additional
zoning:
The property was originally developed with a single-family dwelling unit in 1946.
Although the property was annexed and rezoned in 1996, commercial
development has occurred primarily in the I -182 corridor area, substantially
bypassing the western section of Court Street. The property in question was
designated for commercial use with the expectation that any commercial
development at the intersection would likely need adequate lot depth to
accommodate parking requirements and delivery services. An area with a similar
lot configuration located on the northwest corner of Court Street and Road 44 has
been developed with two office buildings and two parking areas, each on lots
similar in size to the parcel in question.
2
2. Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
The property has been developed with a single-family dwelling unit since 1946.
The rezone would bring the use into conformity with the zoning, and allow the
applicant to expand the residential use. Public health, safety, and welfare would
not suffer with such a rezone.
3. The effect it will have on the nature and value of adjoining property and
the Comprehensive Plan;
In their current use the surrounding property values would not change as no
development proposal has been submitted. The proposed rezone would allow the
property owner to expand the residential use on the property. Although also
designated C -1, the properties north and east adjoining the subject parcel are
also developed with single-family dwelling units and are both separately owned,
reducing the likelihood that this corner of the intersection will be a valuable
location for commercial development.
4. The effect on the property owners if the request is not granted:
If the request is not granted the applicant would not be able to expand the
residential use of the property. The current dwelling is 3- bedroom; one bath and
has a floor area of 1, 802 square feet.
5. The Comprehensive Plan land use designation for the property:
The Comprehensive Plan Land Use Map designates the site for low - density
residential uses. The proposed rezone would implement the land use designation
contained in the Comprehensive Plan,
STAFF FINDINGS OF FACT
Findings of Fact must be entered from the record. The following are initial
Findings drawn from the background and analysis section of the staff report.
The Planning Commission may add Findings to this listing as the result of
factual testimony and evidence submitted during the open record hearing.
1. The site is currently zoned C -1 (Retail Business).
2. The site is developed with a single - family unit which was built in
1946.
3. The site was annexed from the County (Ordinance #3144) and zoned
to C -1 (Ordinance #3145) in 1996.
4. Although the property was annexed and rezoned in 1996, commercial
development has occurred primarily in the I -182 corridor area,
substantially bypassing the western section of Court Street.
5. The site borders a C -1 zone to the north and cast, and RS -12 to the
south and west; all are developed with single - family homes.
6. The Comprehensive Plan designates the site for low- density
residential uses.
3
7. The RS -12 Zone allows for one dwelling per 12,000 square feet and
principal building heights up to 35 feet without a special permit.
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 fits with the intent of the Land Use Map for low - density residential
uses.
2. The effect of the proposal on the immediate vicinity will not be materially
detrimental.
The neighboring properties are already developed with single-family residential
units. The current use of the property fits with surrounding uses and would not
change.
3. There is merit and value in the proposal for the community as a whole.
Given that only a single lot would be affected, the proposed rezone would have a
neutral effect on the community as a whole.
4. Conditions should be imposed in order to mitigate any significant
adverse impacts from the proposal.
No conditions would be needed, as there would be no significant adverse
impacts from the proposal.
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.
No concomitant agreement is necessary.
RECOMMENDATION
MOTION: I move to close the public hearing and schedule deliberations, the
adoption of findings of fact, and development of a
recommendation for City Council for the February 20, 2014
Planning Commission meeting.
2
J Zb at%Q2i'
ye a °v
mt
b Y
U1, , I ------
a
k 3y ~ I
`!r `
9t
-- AV
Id 1SlV
Z Qvoa Zti (NO2i
a
D �
v� IL > D C
GA to 2
LL
Cl)
0
NO N vv adoH
W
aai Z Fm
Cl) w
Q
LLM
L
C CU
9t, Gvo0 j
TT�
V1
bA
C
O
O
i
r/L 1
-t
bA
O
�y