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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