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HomeMy WebLinkAbout04-17-2014 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. Special Permit B. Special Permit C . Special Permit VI. PUBLIC HEARINGS: A. Preliminary Plat B. Code Amendment VII . OTHER BUSINESS: VIII. WORKSHOP: A . Info IX. ADJOURNMENT: 7:00P.M. April 17, 2014 Declaration of Quorum March 20, 2014 Location of a Wireless Communication Facility in an RS-12 (Suburban) Zone (AT&T c/o Smartlink LLC)(MF# SP 2014-001) Location of a Preschool in a C-1 Zone (Bethel Church) (MF# SP 2014-002) Expansion of a Storage Facility (Sound Inve stment Group LLC) (MF# SP 2014-003) Preliminary Plat Madison Park Planned Density Development (EE Resources) (MF# PP2014-003) Certificate of Local Government Historic Preservation Committee Amendment (MF# CA2014-001) Zoning of Department of Natural Resources Section 16 REGULAR MEETING March 20, 2014 PLANNING COMMISSION MEETING CALL TO ORDER: The meeting was called to order at 7:00pm b y Chairman Cruz. POSITION MEMBERS PRESENT MEMBERS ABSENT No. 1 No.2 No. 3 No.4 No. 5 No. 6 No. 7 No.8 No .9 Tim Hoekstra Tony Bachart Joe C ruz Loren Po lk Zahra Khan Jana Kempf APPEARANCE OF FAIRNESS: Andy Anderson Alecia Greenaway VACANT Chairman Cruz read a statement about the a ppearance of fairness for hearings on land use matters. Chairman Cruz ask e d if a n y Commission member had anything to declare. There were no declarations . Chairman Cruz then asked the audience if there were any objections b ased on a conflict of interest or appearance of fairness question regarding the items to be discussed this evening. There were no objection s . ADMINISTERING THE OATH: Chairman Cru z explained that state law r e quires testimon y in quasi-judicial hearings s u ch as held b y the Planning Commission b e given under oath or affirmation. Chairman Cruz swore in a ll those desiring to speak. APPROVAL OF MINUTES: Commis sion e r Bachart m oved , seconded b y Commissioner Hoekstra, that the minutes d ated February 27, 2 014 be a pproved as mailed. The motion passed unanimou s ly. OLD BUSINESS: A. Preliminary Plat Preliminary Plat for northwest corner of Convention Drive and Sandifur Parkway (Hayde n Homes) (MF# PP 2014-001) Chairman Cruz read the m aster file number and asked for comments fr o m staff. -1- David McDonald, City Planner, discussed the preliminary p l at for the northwest corner of Convention Drive and Sandifur Parkway. He stated that there were no additional comments from the previous meeting. Commissioner Kempf asked if the sewer hook-up had to be located on Clemente Lane or for further clarification. Mr. Mc Donald responded that according to a recent study the d eveloper will be able to connect at Three Rivers Drive a nd Convention rather t han coming up from Clemente La n e . Commissioner H oekstra in quired about parks a nd open spaces, specifically the Sunny Meadows Park and future Three Rivers Park. He asked where that future park would be located. Mr. McDonald answered that the park w ill be lo c ated directly to the north of the new school lo cated on the corne r of Sandifur Parkway and Road 60. Commissioner H oekstra asked if t h ere has b een any consideration given to the area that is in the RT Zone. Mr. McDonald responded that eventually t h e RT Zone w ill be phased out. The RT (Residential Transition) Zone is a holding zone for properties until utili ties bec ome available. In the fu t ure, follo win g the Compreh e nsive Pla n , those RT properties will be rezoned to either multi-family or commerci a l. There were no further questions or comments . Commissioner Khan moved, seconded by Commissioner Kempf, to adopt findings of fac t and conclusions therefrom as c ontained in the March 20, 20 14 staff report. The motion passed unanimously. Commissioner Khan moved, seconded by Commissioner Kempf, b ased on the findings of fact and conclusions as adopte d , the Planning Commission recommend the City Council approve the preliminary plat of Three Rivers West with conditions as listed in the March 20, 2014 staff r e port. The motion passed unanimously. PUBLIC HEARINGS: A. Special Permit Location of a Wireless Communication Facility in an RS-12 (Suburban) Zone (AT&T) (MF# SP 2014-001) Continued (rom the February 27, 2014 Meeting Chairman Cru z read the m aster fil e number a nd asked for comments from staff. Shane O'Neill, Planner I, discussed th e specia l permit application for t h e location of a wireless communication facility in an R S-12 (Suburban Zone). Mr. O'Neill stated that -2- the applicant was unable to attend the public hearing but wished for the hearing to still take place. The site is located at Argent Road and Road 100 and is approximately 1.65 acres and contains a church that is roughly 10,000 square feet i n size. AT&T is proposing to locate cellular antennas on an attachment to the roof of the existing church building. They are also proposing a ground level equipment enclosure of approximately 276 square feet. Typically cellul ar facilities propose to locate equipment enclosures at the ground level by t h eir towers and usually fenced . T he plans submitted with the application didn't indicate fencing, however, staff is suggesting the permit be conditioned with fencing standards meeting the 1-182 Corridor design requirements. The applicant is aware of the proposed condition and is agreeable. Mr. O'Neill briefly reviewed the code criteria for locating wireless communications facilities for the benefit of the Commission. Commissioner Bachart asked for clarification on an approval condition regarding the height exceeding 55.4 feet. Mr. O'Neill responded that it shall not exceed 55.4 feet. Commissioner Hoekstra questioned why Ms. Cope has been unsuccessful m obtaining a signature. Mr. O'Neill answered that the church has a board that serves to make decisions about the church. He is uncertain of the reason but perhaps the board was unable to reach an agreement internally. David McDonald, City Planner, clarified that staff does not know why Ms. Cope has not obtained a signature from the church. Typically the applications come with the signature of the applicant and the property owner. Staff felt that with this application it would beneficial to getting the process started and if the property owners don't sign then the application can be withdrawn. Commissioner Hoekstra asked for clarification on w h at type of fencing would be required as a condi t ion. Mr. O'Neill responded that the 1-182 Overlay District requires a decorative solid screening for equipment enclosures so staff is leaning towards a block wall. Mr. McDonald stated that if the Planning Commission feels it is important enough to condition the special permit with the block wall fencing requirement then that can be done in order to preserve the character of the neighborhood. Chairman Cruz asked if the applicant intended on having a generator that would produce noise. Mr. O'Neill respond ed that there is no mention of a generator but there 1s an -3- equipment enclosure and sometimes the electrical devices may produce a humming nmse. Chairman Cruz stated that they are pre-fab looking boxes and due to the public location, a block wall would be suggested to make the area more aesthetically pleasing and remove noise concerns. Chairman Cruz read an email from the applicant, Julie Cope, into the record stating that she was fine with the hearing proceeding and the tentative approval conditions. She mentioned the antennas enclosed adding on to the top of the church and embedding the antennas in the add-on and there are no FAA lights. With no further comments the public hearing was closed. Commissioner Khan asked staff about a line in bold in the staff report regarding the PMC and if the church was publicly owned. Mr. O'Neill stated that it was not publicly owned. Mr. McDonald clarified that it only had to meet one of the requirements listed from the PMC. Commissioner Kempf moved, seconded by Commissioner Polk, to close the hearing on the proposed cellular wireless facility and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the April 17, 2014 meeting. The motion passed unanimously. B. Special Permit Location of a Preschool in a C-1 Zone (Bethel Church) (MF# SP 2014-002) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit application for the location of a preschool in a C-1 Zone. In September 2012, Council approved a special permit for the church to locate in the outlet mall that is roughly 18,000 square feet. Special permits are required for preschools , which is what the applicant is applying for. They plan to use roughly 2,000 square feet of the church for the preschool. Commissioner Bachart asked if there was any more concern with the church continuing to operate on this property along with the daycare and if there will be an influx of traffic. Mr. White answered that he believes the preschool will operate six days per week. Commissioner Bachart asked if the other tenants have raised any issues with the additional cars. -4- Mr. White stated no . Chairman Cruz added that most of the other tenants are retail, the gym and Charter College which have more evening activity so there shouldn't be an issue with traffic during the preschool hours. The applicant stated that they did not wish to speak at the public hearing. With no further comments the public hearing closed. Commissioner Kempf asked the applicants about outdoor play space for the children. Chairman Cruz re-opened the public hearing to allow the applicant to respond. Amanda Stueckle, 6216 Devon Court, responded that there is a grass area to the east of the building that they hope to fence in but they will need to get clearance from the landlords. Chairman Cruz asked if it will have to be cleared with DHS . Ms. Stueckle stated that they are not a daycare so do not need clearance through DHS. David McDonald, City Planner, added that since they are not a daycare they do not need a license through the state, however they will need a fence at least 4' tall or higher. Commissioner Hoestra asked if the preschool will be open to the public. Ms. Stueckle responded that it will be non-discriminatory and open to the public and will operate 5 days a week. At most there will only be 32 children, with two classrooms. Commissioner Khan stated that operating hours are around the peak hours for Charter College and the gym so there is some cause concern for traffic on Sandifur. Mr. White responded that the preschool will generate less traffic than a retail store would if it located in the same location so traffic concerns should not be an issue. Commissioner Polk commented that the staff report mentioned the outlet mall is about 29% vacant. She asked if staff knew how adding a preschool would impact business in the outlet mall. Mr. White responded that it may not impact the business activity in the outlet mall. There was concern when the church applied for their special permit with this -5- location being a prime retail location. Whether the church continues their use there or not, staff does not know but he doesn't see affecting other business. Chairman Cruz added that he didn't believe the preschool would affect the business growth since there is already a church operating at this location and the preschool will be contained in the church that is already operating. Traffic also did not seem to be an issue. There will be traffic peaks, in the morning and evening, but he feels the evening is worse. Commissioner Hoekstra asked for clarification of the Planning Commission's role on the land use and activity that would be occurring and safety concerns for this specia l permit. Mr. White responded that from a land use stand point, the applicant will need to apply for a city business license and go through that regulatory process. The state has an inspection process for preschools, although they may not be licensed in the terms normally thought of, such as with daycares. He stated that he didn't have any issues from a safety stand point. For land use, the code speaks about the appropriateness of the special permit process for a number of uses in any zone. Staff does not feel that there is anything extraordinary about this particular special permit application. Commissioner Khan asked if there are crosswalks between the sidewalk of the outlet mall to the parking lot or signage that might go up to warn drivers that there are children and a speed limit to be posted accordingly. Mr. White answered that at this point there are not crosswalks or signage. Chairman Cruz added that the preschool is the southeastern corner of the outlet mall and nobody goes around the backside and children will not be walking through the parking lot. With no further comments the public hearing closed. Commissioner Hoekstra moved, seconded by Commissioner Polk, to close the public hearing and schedule deliberations, the adoption of findings of fact and development of a recommendation for City Council for the April 17, 2014 meeting. The motion passed unanimously. c. Special Permit Expansion of a Storage Facilitv (Sound Investment Group LLC) (MF# SP 2014-003) Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, discussed the special permit application for the expansion of a storage facility. The applicant is proposing to expand their existing storage facility significantly at 9335 Sandifur Parkway. The site is zoned C-1 and is locat ed -6- in the I-182 Corridor Overlay District. The current facility has been developed to meet the design requirements of the Overlay District. In the C-1 Zone, storage facilities are listed under permitted conditional uses, meaning they are not regularly permitted and are required to go through the special permit process. The site plan submitted with the application shows 8 new storage buildings of various sizes. The Pasco Municipal Code requires a 10 foot landscaped buffer along the northern property line were the site adjoins a residential zoning district. The applicant has stated that the current hours of operation are 8:00am-11:00pm, however they do allow 24-hour access for customers who wish to pay for that additional costs, meaning there could be some noise disturbance from time to time. Commissioner Kempf asked about curb and sidewalk requirements. Mr. O'Neill responded that there is currently curbing but no sidewalks. The sidewalks are not required since the applicant is reconfiguring their boundary lines and development will not occur along the frontage of the property. Commissioner Khan asked if staff had received any complaints or police reports for the current storage facility . Mr. O'Neill answered that staff has not received any complaints. Staff has not looked any to police reports . Commissioner Bachart asked if there was any discussion regarding building heights for the covered carports used for RV 's. Mr. O'Neill responded that the zoning district structures to 35 feet in h eight. Commissioner Bachart asked if the current structure on the property is fairly tall. Mr. McDonald stated that the old ice arena was fairly tall and could reach up to the 35 foot level. Commissioner Bachart wanted to make sure that the carports wouldn't look out of place. Mr. McDonald replied that they would not be seen from Sandifur P arkway and would not look out of place. Chairman Cruz added that the structure w ill be set back far enough and the structure will not have occupancy for people to look into the neighboring backyards. There is a generous enough buffer. Nicholas Cameron, 3308 Riverhaven, spoke on behalf of his application and explained the lot configuration. He stated that the RV and boat covers won't be any taller than 25 feet. They don't expect muc h of an increase of traffic . As for security, -7- they have a one-way access gate for the tenants to use with a key card, alarms and a camera with overall security system. At this time they have not had any security problems. The facility is also used for canine police training. Commissioner Hoekstra asked about the setbacks on the north end of the property and who would be responsible for maintaining the piece of land between the fence the adjoining property. Mr. Cameron answered that it will depend on the requirements by the City. They intend to do low maintenance landscaping, rocks , shrubs and trees and don't plan on having irrigation as they don't wish to plant grass. Mr. McDonald added that the Pasco Municipal Code specifies the require d landscaping and will be the responsibility of the property owner to maintain. Chairman Cruz stated that it doesn't have to be grass but could be rock or other landscaping. Mr. O'Neill replied that it is not a typical landscaping strip but rather a buffer between the residential homes. With no further comments the public hearing closed. Commissioner Hoekstra discussed the landscaping buffer and was in agreement with the conditions. Commissioner Kempf moved, seconded by Commissioner Hoekstra, to close the public hearing and schedule deliberations, the adoption of findings of fact and development of a recommendation for City Council for the April 17, 2014 meeting. The motion passed unanimously. D. Code Amendment Highway Follow-Through Signs (MF# CA 2012- 011) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the code amendment for highway follow-through signs. Staff asked the Commission previously to look at the ramifications if the signs would only be applicable to the two locations originally in the ordinance; Road 68 and Road 100. Staff has been advised that doing so would provide a selective advantage that doesn't have any basis in logic. Staff is requesting discussion of eliminating the selective advantage potential and seeking input on the applicability of this proposed ordinance within Pasco, not just a long Road 68 and Road 100. There could be nine possible interchange areas. Staff would propose that the language in the ordinance could map out each of the nine locations. -8- Chairman Cruz was in agreement in expanding the cod e amendment to expand beyond Road 68 and Road 100. The Commission was in agreement. With no comments for the public hearing, the h earing closed. No motion was required. Mr. White explained that this item will come back to the Planning Commission as another public hearing with more specifics. COMMENTS: Rick White, Community & Economic Development Director, reminded the Planning Commission that the Volunteer Reception for all board members and volunteers is April 24th. With no further discussion or business, the Planning Commission was adjourned at 7:52p.m. Respectfully submitted, David McDonald, City Planner -9- REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2014-001 HEARING DATE: 3/20/2014 ACTION DATE: 4/17/2014 APPLICANT: AT&T Wireless c/o Smartlink LLC 4111 S Nampa Street Spokane, WA 99203 BACKGROUND REQUEST: SPECIAL PERMIT: Location of Wireless Communication Facilities in an RS-12 (Suburban) Zone 1. PROPERTY DESCRIPTION: Legal: Parcel # 118-112-036: Lot 1, Short Plat 2005-11 General Location: 9915 West Argent Road Property Size: The parcel is approximately 1 .65 acres 2. ACCESS: The site is accessed from Argent Road. 3. UTILITIES: All municipal utilities currently serve the site. 4. LAND USE AND ZONING: The site is currently zoned RS -12 (Suburban) and contains a church. Surrounding properties are zoned and developed as follows: NORTH: SOUTH: EAST: WEST: RS-12 -Vacant RS-20-Single-Family Residences RS-12-Vacant RS-12-Single-Family Residences 5 . COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for low-density residential uses. Goal UF-2 suggests the City ought to maintain land use flexibility in regard to placement of infrastructure for public and private utilities. Policy UF -2-A encourages the sound management of all energy and communication utilities through coordination and cooperation dealing with construction of such facilities . Policy UF-2-8 encourages the placement of utility substations w hich are necessary for the surrounding neighborhood . 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 AT&T Wireless is requesting special permit approval to locate cellular wireless communication facilities at the Desert Springs Covenant Church located on the northeast corner at the intersection of Road 100 and Argent Road. The proposal involves the addition of an architectural feature on the roof of the existing church to house cellular antennae together with a ground-level equipment enclosure. The applicant's request is an effort to fill a coverage/ capacity gap west of Road 68. The installation is intended to better support existing users west of Road 68 and would also potentially increase AT&T's ability to support more users in the same area. As illustrated in the elevations submitted with the application (Exhibits 1 -3), the applicant wishes to install wireless communication network antennae atop an existing church. The antennae will be housed within an architecturally integrated rooftop feature extending fifteen (15) feet above the existing roofline; for an overall structure height of 55.4 feet above grade. The proposed wireless communication antenna meets the requirements listed under the provisions of PMC 25 .70.075, which require wireless facilities to be located on an existing structure taller than thirty-five (35) feet. Wireless Facility zoning regulations were specifically developed to permit (through special permit review) cellular tower I antenna equipment on taller buildings within the community. The PMC special permit review criteria for wireless facilities are written as follows: 25.70.075 WIRELESS COMMUNICATION FACILITIES. Wireless Communication Facilities are permitted under the following conditions: (1) Such structures shall be permitted in all industrial or C-3 zoning districts provided the location is 500 feet or more from a residential district. Any location closer than 500 feet requires special permit approval. (2) Such structures may be permitted by special permit in all other zoning districts provided said structures are: (a) Attached to or located on an existing or proposed building or structure that is higher than thirty-five (35) feet; or (b) Located on or with a publicly owned facility such as a water reservoir, fire station, police station, school, county or port facility. (3) All wireless communication facilities shall comply with the following standards 2 (a) Wireless facilities shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of compatible materials, strategic location, color, stealth technologies, and/ or other measures to achieve minimum visibility of the facility when viewed from public rights-of-way, and adjoining properties such that a casual observer cannot identify the Wireless Communication Facility. (b) Wireless facilities shall be located in the City in the following order of preference: i) Attached to or l o cated on buildings or structures higher than 35 feet. ii) Located on or with a publicly owned facility iii) Located on a site other than those listed in a) or b). Commonly, cellular providers locate the equipment cabinets within a fenced area surrounding the base of a pole; in this case the ground-level equipment is proposed to be housed in a metal shelter designed for functionality. Renditions submitted with the application show no fence is proposed around the met al equipment shelter. Staff has entered a condition {#7) requiring the equipment enclosure be screened from view from surrounding roadways. The screening must meet design requirements of the I-182 Overlay District (PMC 25.58). A determination of non -significance from TOW AIR for the FAA has been obtained by the applicant; as required by PMC 25.70.075(4) a copy has been included in the application submittal. 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 t he staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1 . The site is zoned RS-12 (Suburban). 2. The Comprehensive Plan identifies the site for low-density residential uses . 3. The site is approximately 1.65 acres in area. 4. The site contains a church approximately 9,200 square feet in area. 5. All municipal utilities currently serve the site. 3 6. In the RS-12 zone cellular towers may be permitted by special permit provided the tower is either: i) Attached to or located on an existing or proposed building or structure that is higher than thirty-five (35) feet; or ii) Located on or with a publicly owned facility such as a water reservoir, fire station, police station, school, county or port facility. 7. The cellular antennae will be mounted on top of an existing church which is 40.4 feet in height. 8 . Addition of the antennae housing appurtenance will increase the height of the church by fifteen (15) feet for an overall height of 55.4 feet. 9. Equipment serving the proposed antennae will be located within a 275 square foot ground-level equipment enclosure approximately 11.5 feet in height. 10. The Comprehensive Plan suggests the City ought to maintain land use flexibility with regard to placement of infrastructure for public and private utilities . 11. The Comprehensive Plan does not specifically address cellular equipment. 12. Cellular equipment creates minimal demands on City infrastructure. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25 .86 .060 . The criteria are as follows: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Comprehensive Plan does not specifically address cellular equipment. The Comprehensive Plan goal UF-2 and policy UF-2-A discuss the need for sound management and coordination in the location of utilities and community facilities . Policy ED-1-C promotes the need to support Pasco's urban area as a good business environment by enhancing the infrastructure of the community. The applicability of policy ED-1-C is enhanced due to the fact t hat the new tower will provide more/better service primarily to commercially zoned properties. Policy UT-1-C encourages coordination of utility providers ' functional plans with the City's land use and utility plans to ensure long term service availability. 4 (2) Will the proposed use adversely affect public infrastructure? The proposed use is a part o f the communication network utilized by the general public. The proposed equipment will be located in such a manner so as not to impact other public utilities or services. The proposed use does not require water and sewer. (3) Will the proposed use be constructed, maintained and operated to be m harmony with existing or intended character of the general vicinity? The character of the vicinity is dominated by residential suburban development. The addition of roof-top cellular antennae, as marked through architecturally consistent features, will not alter or affect the existing or intended character of the surrounding neighborhood. (4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The proposed antennae housing will be located on top of an existing church building and generally will not be noticed by the public. The cellular facility is unlikely to discourage development in the vicinity. The tower will be designed to be integrated into the architectural design of the existing church. (5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The proposed cellular equipme nt will create no fumes, dust or noise. Cellular facilities have been located throughout the community in residential, commercial and industrial zones without generating any complaints received by the City. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way become a nuisance to uses permitted in the district? The proposal is required to be designed by a professional engineer to w ithstand applicable snow and wind loads. The applicant i s a lso required b y law to coordinate with the FAA and FCC prior to obtaining a building permit. A Determination of No Hazard to Air Navigation for the tower has been issued to AT&T by the FAA for the proposed facility. 5 Radio waves at frequencies utilized by local cellular networks have not been proven to be harmful to human health . Radio wave activity is focused on the antennas which are elevated approximately 40 to 50 feet above grade; away from human activity. The cellular antennae and equipment pose no true threat to public health and safety. APPROVAL CONDITIONS 1) The special permit shall apply to parcel # 118-112-036 addressed 9915 West Argent Road; 2) The property shall be developed in substantial conformity with the elevations and site plan submitted with the application except as conditioned herein; 3) The cellular antennae enclosure shall not exceed 55.4 feet in height as measured from existing grade; 4) The cellular antennae shall be enclosed within an architecturally integrated fe ature attached to the church building; 5) The ground-level equipment enclosure shall be located no closer than ten (10) feet from the north and east property lines of parcel# 118- 112-036; 6) The ground-level equipment shall be located within a decorative block wall which fully blocks the view from all rights-of-way. Design of the sight-screening shall meet the requirements of the I -182 Overlay District (PMC 25.58); 7) The proposed cellular facility must comply with all FCC regulations; 8) The roof-top antennae housing shall not emit light; 9) The roof-top appurtenance housing the cellular antennae shall be constructed and painted to match the architecture of the church; 10) The special permit shall be null and void if a City of Pasco building permit is not obtained by April 30, 2015. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the April 17, 20 14 staff report. MOTION for Recommendation: I move based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council grant a special permit to allow the installation of wireless communication facilities on tax parcel # 118-112-036 addressed 9915 West Argent Road with conditions as contained in the April 17 , 2014 staff report. 6 Vicinity Map Item: Wireless Communication Facilities Applicant: AT&T Wireless File #: SP20 14-00 1 Land Use Map <o 0o. <P)> <4> Item: Wireless Communication Facilities Applicant: AT&T Wireless File #: SP20 14-001 g h:<::,<<<E ~ ,,,(( ~ ,,,,Q ~ ARGENTRD City I County ~ +-! ·~ e •• ~ .c •• u Vacant Single-Family r-------1 Residences Zoning Map Item: Wireless Communication Facilities Applicant:· AT&T Wireless File #: SP20 14-00 1 ~..., ~ ~0 // '1~0~ ~~ ~ City I County 1:'-l ..... IUS-12 :§ ~ Suburban c l County RS-20 ·~ u ~ ~ IUS-12 ARGENTRD <o 06: ;.r~ <~ County IUS-20 AS. 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Richland, WA 99352 REQUEST FOR SPECIAL PERMIT: Location of a preschool in a C-1 District 1. PROPERTY DESCRIPTION: Legal: Parcel# 115-502-016: a portion of the South half of Section 8, Township 9 North, Range 29 WM; General Location: 5202 Outlet Dr. Property Size: Approximately 11 acres 2. ACCESS: The site has access from Sandifur Parkway by way of Outlet Drive 3. UTILITIES: The site is served by municipal water and sewer. 4. LAND USE AND ZONING: The property is currently zoned C -1 (Retail Business). All surrounding property is zoned C-1 and is undeveloped. 5. COMPREHENSIVE PLAN: The site is designated in the Comprehensive Plan for future commercial uses. The Plan does not specifically address preschools, but elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off-street parking and other development. 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 In September of 2012 the City Council approved a Special Permit (Resolution 3426) for Bethel Church to use four suites in the Broadmoor Outlet Mall for worship activities, with the following conditions: 1) The special permit shall be personal to the applicant; 2) The space leased to the church must comply with all requirements of the International Building Code for an "A" occupancy prior to occupancy by the church; 3) The storefront appearance of the leased space cannot be altered except as needed to comply with Building Code exiting requirements; 4) The building, including entrances and restrooms, must be ADA/handicap-compliant prior to occupancy by the church; 5) Occupancy of the building for church purposes will not be permitted until the church complies with all conditions listed above; 6) The church shall not object to the transfer, renewal or issuance of a liquor license for an existing or new establishment within 1,000 feet of the property; 7) This special permit shall be valid for a period of three years and will expire on October 1, 2015. The Church received an occupancy registration in April of 2013 and has been operating in this location since that time. The Bethel Church leases approximately 17,936 square feet of floor area located in the southeast corner of the Outlet Mall Complex. The lease agreement requires the Bethel Church to participate in all common area charges shared by all lessees within the Mall. The Church has recently applied for a Special Permit to operate a preschool at this same location, utilizing approximately 2, 000 square feet of their lease area for the program. The preschool plans to operate 6 mornings per week with 40 students and 5 staff members. The proposed preschool location has parking to the north and south side of the building. As noted above, the Church Special Permit will expire on October 1, 2015. The Outlet Mall was constructed to meet Building Code requirements for retail activities. Educational institutions are classified in the Building Code as "E" occupancies. When a building is changed from one occupancy class to another (from an "M" [Mercantile] to an "E" [Educational] for example) the building is required to meet life I safety standards pertaining to the new occupancy classification. Meeting these standards would be listed as a condition of issuance of the Special Permit. A potential problem with a preschool locating in a commercial area is the fact that some retail establishments or restaurants sell or serve liquor. The issue is also typically addressed by placing a condition on the Special Permit approval limiting the preschool's ability to object to a liquor license. 2 While the Special Permit for the sponsoring entity (Bethel Church) is due to expire in October of 2015, preschools are allowed in C-1 zones with a Special Permit. Thus even without the church sponsorship the preschool could continue through another organization or as a stand-alone commercial business. According to the Washington Administrative Code (WAC) 170-295-0020(1), "Individuals , entities and agencies that provide care for children must be licensed unless specifically exempt under RCW 43.215.0 10(2)." The current application falls under the exemption found in RCW 43.215.010(2)(e): "Nursery schools that are engaged primarily in early childhood education with preschool children and in which no child is enrolled on a regular basis for more than four hours per day," as the Bethel preschool will operate only 4 hours or less per day and engage only preschool-age children. If the preschool were to exceed these limitations and fall under the WAC 170-295 regulations a fenced play area would be required (WAC 170-295-5090) with "a minimum of seventy-five usable square feet per child using the play area at any one time." (170-295- 2130). FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis s e ction of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Applicant desires to locate a commercial preschool in a C -1 zone 2. Comme rcial preschools are unclassified uses requiring review through the special permit process prior to locating or expanding in any zoning district. 3. Applicant previously secured a Special Permit to operate a church (Bethel Church) at this location in September of 2012. 4. The Church rece ived an Occupancy Registration in March of 2013 and has been in operation from that time to the present. 5. The Church Special Permit expires in October of 2015 6. The proposed site is in a C-1 Zoning district. 7. The proposed site is located a t 5202 Outlet Drive. 3 8. The site was originally developed as the Broadmoor Outlet Mall. 9. The Outlet Mall contains over 103,000 square feet of floor area. 10. The Church occupies approximately 17,936 square feet of floor area in the southeast corner of the Outlet Mall Complex. 11. The preschool will utilize about 2,000 square feet within the Bethel Church lease property for their operation. 12. The preschool would operate Monday-Friday, from 9 am to11:15 a.m. 13. About twenty-nine percent of the Outlet Mall is currently vacant. 14. The preschool would serve approximately 40 children per day under the supervision of 5 employees. 15. The Municipal Code (PMC 25.78.170) specifies one parking space for each employee and one space per 6 children for a daycare facility (for the purpose of parking calculations preschools are treated like daycare facilities). With 5 employees and 40 children the center would require 12 parking spaces for its operation. 16. Parking areas are locate d to the north and south of the proposed preschool location with more than 113 parking spaces. 17. Preschools are classified as an "E" occupancy under the International Building Code. 18. The Mall was designed and built for "M" occupancy loads. 19. "E" occupancy building design standards are different than the "M" occupancy standards. 20. Nearly forty-three percent of the Outlet Mall is occupied by institutiona l uses (Charter College, Bethel Church/Preschool and Police Mini Station). 21. Current Mall tenants include Bethel Church, Broadmoor Fitness, Charter College, City of Pasco Police (mini station), Dress Barn, Gordon Winery, Little Mud Pies (clothing store), and Van Heusen. 22. Gordon Winery serves alcoholic beverages. 23. The proposed preschool as represented b y the application and subsequent e-mail communications is exempt from State licensing and oversight, as per WAC170-295-0020 and RCW 43.215.010(2). 4 CONCLUSIONS BASED ON THE FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060 and determine whether or not the proposal: ( 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Plan does not specifically address preschools, but elements of the Plan encourage the promotion of orderly deve lopment including the development of zoning standards for off-street parking and other development standards. (2) Will the proposed use adversely affect public infrastructure? The Outlet Mall was designed to handle significant traffic with a large parking lot and interior circulation. The proposed preschool will operate in the mornings on weekdays when other Mall traffic is generally low and utility usage is low. (3 ) Will the proposed use be constructed, maintained and operated to be m harmony with existing or intended character of the general vicinity? The proposed preschool will be located in the Broadmoor Outlet Mall and no exterior changes are planned to the building. The current store front character will be maintained. The Bethel Church participates in common area maintenance costs under its lease, which would include the preschool. The intended character of the Outlet Mall is retail in nature. The proposed preschool is not expected to impact the character of the mall in a permanent manner. (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 proposed preschool will be located in part of the existing Outlet Mall currently leased by Bethel Church and no structures will be built or added to the Mall. The site design will remain unchanged. Bethel Church pays market rent and is responsible for common area charges like all tenants of the Mall. (5) Will the operations in connection with the proposal be more objectionable to n earby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? 5 The preschool will generate no more dust, vibrations, flashing lights or fumes than would be expected by permitted retail uses of the zoning district. Traffic generated by the preschool will occur mostly on weekday mornings when Mall traffic is minimal. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? Past history of preschool operations within the City has shown they do not endanger public health or safety and are generally not nuisance generators. APPROVAL CONDITIONS 1) The special permit shall apply to 5202 Outlet Dr. located on parcel 115- 502-016; 2) The space leased to the preschool must comply with all requirements of the International Building Code for an "E" occupancy prior to occupancy by the preschool; 3) The storefront appearance of the lease d space cannot be altered e xcept as needed to comply with Building Code exiting requirements; 4) Any outdoor play area operating in conjunction with the preschool must be fenced and otherwise comply with the requirements of WAC 170-295- 2130 and WAC 170-295-5090. 5) The building, including entrances and restrooms, must be ADA/ handicap-compliant prior to occupancy by the preschool; 6) Occupancy of the building for preschool purposes will not be permitted until the preschool complies with all conditions listed above; 7) The preschool shall not object to the transfer, renewal or issuance of a liquor lice nse for an existing or new establishment within 1,000 feet of the property. RECOMMENDATION MOTION: I move to adopt findings of fact and conclusions therefrom as contained in the April 17, 2014 staff report. MOTION: I move based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit for the location of a preschool operation at 3315 W Court Street, with conditions as listed in the April 17, 20 14 staff report. 6 Vicinity Map Item: Commercial Preschool in C-1 Applicant: Bethel Church File#: SP 2014-002 Land Use Ma Item: Commercial Preschool in C-1 Applicant: Bethel Church File#: SP 2014-002 Comm. ,I r I I I I~! I &.~ff!ce J l~.t-----l Vacant School Multi- Family Vacant Vacant Zoning Map Item: Commercial Preschool in C-1 Applicant: Bethel Church File#: SP 2014-002 C-1 C-1 R-4 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2014 -003 HEARING DATE: 3/20/2014 ACTION DATE: 4/17/2014 APPLICANT: Sound Investment Group LLC PO Box 4770 Pasco, WA 99301 BACKGROUND REQUEST FOR SPECIAL PERMIT: Expansion of a Mini-Storage Facility in the C-1 Zone 1. PROPERTY DESCRIPTION: Legal: Parcel 's #: 115-430-173, 115-430-174, 115-441-022, 115-430-031 and 115-442-012: Lots 13 & 14 Binding Site Plan 2002-05 together with Lot 3 Binding Site Plan 2005-08, Lot 4 and the northerly 144 feet of Lot 3, Block 4 of Broadmoor Park # 1 General Location: 9335 Sandifur Parkway Property Size: 519,244 ft2 or approximately 12 acres 2 . ACCESS: The site h as access from Sandifur Parkway 3. UTILITIES: The existing storage facility is currently served by municipal water and sewer. The proposed storage buildings w ill not require connection to municipal sewer and water. 4. LAND USE AND ZONING: The property is currently zoned C-1 (Retail Business). Most of the surrounding property is zoned C -1 and is undeveloped. The zoning and land use of the surrounding properties are as follows: NORTH: SOUTH: EAST: WEST: R-1 -Multi-Family Residences C-1 -Vacant/Commercial C-1 -Vacant C-1-Vacant/Commercial 5. COMPREHENSIVE PLAN: The site is designated in the Comprehensive Plan for future commercial uses. The Plan does not specifically address self- storage facilities, but elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off- street parking and other development. Policy LU-1-B encourages enhancement of the physical appearance of development w ithin the City. The Comprehensive Plan (LU -4-B) encourages the grouping of commercial uses to promote functional and economical marketing and operations to produce sustainable clusters of shopping and services. Policy LU-2-D requires all development t o be landscaped. ED-3-E suggests the use of landscaping to provide a buffer between less intensive uses (such as residential) from utilitarian areas of commercial and industrial facilities. 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 owners of the existing Broadmoor Storage self-storage facility have applied to expand their capacity by way of new construction. The proposal involves the addition of eight (8) new storage buildings and two (2) new carports. In the C-1 (Retail Business) zone mini-storage facilities are listed under Permitted Conditional Uses (PMC 25.42.040(4); thereby requiring special permit approval prior to their location or expansion. As indicated in the site plan submitted with the application (Exhibit '1 '), the proposal involves the construction of eight (8) storage buildings varying in size from 3,077 square feet to 17,850 square feet. The total area of the proposed storage buildings combined is approximately 91,483 square feet (2.1 acres). Also included in the proposal are two covered parking carport structures; each carport is 22,365 square feet for a total of 44,730 square feet. In all, a total of 136,213 square feet (3.1 acres) of new structures is proposed. Although the proposal involves what are now five (5) separate parcels , the parcels are currently being reconfigured so all of the new construction will occur on a single tax parcel. The new parcel slated for development will not incur any additional right-of-way frontage beyond what exists for the existing Broadmoor Storage site. Mini-storage facilities are not a permitted use in the C-1 (R e tail Business District). Mini-storage facilities are, however, a conditional use that may be permitted only by the granting of a special permit. Special Permit reviews and determinations are made based upon the criteria listed in PMC Section 25.86.060 and itemized below under the "findings of fact" section. If it can be demonstrated that a mini-storage facility will be in accordance with the policies of the Comprehensive Plan, that it will be maintained in harmony with the existing or intended character of the surrounding neighborhood, and that it generally supports the other criteria of PMC Section 25.86.060, a Special Permit may be approved. As discussed above the Special Permit review process allows the Planning Commission to make a determination on whether or not a proposed use will be or can be maintained in harmony with the existing or intended character of the neighborhood. It is through this process that the Planning Commission may develop approval conditions that would ensure the proposal will be established and operated in harmony with the neighborhood. The intended character of the neighborhood includes future retail and office uses as well as residential uses. The 2 neighborhood is not intended for storage and warehousing which are most appropriate in the C-3 (General Business) and industrial zoning districts. FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is addressed 9335 Sandifur Parkway. 2. The site is accessed from Sandifur Parkway. 3. Currently the site is approximately 12 acres in area. 4. Municipal sewer and water currently serve the site. 5. The site currently contains a storage facility. 6. The applicant owns and operates the existing Broadmoor Storage facility. 7 . A Special Permit was granted allowing establishment of the existing facility. 8. The site is zoned C-1 (Retail Business). 9. The C-1 zone lists mini-storage facilities as a Permitted Conditional Use. 10. The Comprehensive Plan designates the site for future commercial uses. 11. The site is located within the boundaries of the I-182 Overlay District. 12. The site is adjacent to the Mediterranean Villas residential subdivision, to the north. 13. The applicant proposes to increase the capacity of the existing mini-storage facility by constructing eight (8) new storage buildings and two (2 ) new carport structures. 14. PMC 25.75.050(3)(B) requires a ten (10) foot wide landscaping buffer between commercial and residential zones. 15. The requirements for commercial landscape buffers are listed in PMC Section 25.75.050(3)(B). CONCLUSIONS BASED ON THE FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria li sted in P.M.C. 25.86.060 and determine whether or not the proposal: ( 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? A mini-storage facility can be compatible with several Comprehensive Plan policies. Policy LU-1-B encourages enhancement of the physical appearance of development within the City. The proposal would replace vacant land with a well-developed facility containing perimeter landscaping. Policy LU-2-D 3 requires all development to be landscaped. Development of the site currently includes landscaping which support policies of the Comprehensive Plan (LU2-D}. In this case, original development of the existing facility was done in a way that reduces the amount of right-of-way frontage. This was done to make as much road frontage as possible available to future commercial uses which more heavily rely on visibility from passers-by. The existing right-of- way landscaping on this portion of Sandifur Parkway is complete; no additional right-of-way landscaping is required. (2} Will the proposed use adversely affect public infrastructure? All municipal utilities are currently available to the site from surrounding streets. Water and sewer demands of the proposed use will be negligible compared to permitted uses such as restaurants and similar uses. Impacts to the adjoining streets will likewise be minimal. (3} Will the proposed use be constructed, maintained and operated to be m harmony with existing or intended character of the general vicinity? The Comprehensive Plan encourages the grouping of commercial uses to promote functional and economical marketing and operations to produce sustainable clusters of shopping and services (LU-4-B}. The proposed use may be less intensive from an activity standpoint than other permitted uses in the C-1 zone but does not necessarily support the commercial clustering of businesses permitted in the C-1 zone . The adjacent land to the north contains residential development. Per PMC 25. 75.050(3}(8} commercially zoned properties adjacent to properties in less intense zoning districts shall have a ten ( 1 0} foot landscape buffer on the side immediately adjacent to the less intense zoning district. To comply with this provision the tentative approval conditions contain a requirement to install the necessary ten foot landscape buffer along the north property line. (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 existing self-storage facility has been designed to meet the design requirements of the I-182 Overlay District (PMC 25.58}. All walls of the proposed structures facing a right-of-way will be required be treated with architectural design features to meet the requirements of the I-182 Overlay District. Structures in the C-1 zone are limited to thirty five (35} feet in height. None of the proposed structures will approach 35 feet in height with the tallest structure being twenty five (25) feet in height. 4 Neither the location nor the height of the proposal rs likely to discourage permitted uses from establishing in the vicinity. (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? To date, no complaints about the effects of operations for the existing mini- storage facility have been received by the city. Typically, a mini-storage facility will generate far less daily traffic, noise, dust, etc. than some uses permitted in the C-1 zone; such as restaurants, taverns, night-clubs and car-washes. The normal hours for general (customer) access to the storage units is between 6am to llpm; with 24-hour access available for an added cost. Based on statements from Broadmoor Storage staff, only a handful of customers take advantage to the 24-hour access service. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? As a general land use, mini-storage facilities are not inherently dangerous to public health or safety. The expansion however, may be noticed by the r esidences to the north. Currently the storage buildings are approximately 420 linear feet away from the nearest residential property to the north. Under the proposal at hand the northernmost storage building will be located within fifteen (15) feet of the same residential properties. This c hange in proximity to the residences may be disruptive to the lifestyles of the existing r esidents. However, the same can be said for any new development proposed adjacent to the homes. The land south of Mediterranean Villas has been commercially zoned ever since the homes were developed. APPROVAL CONDITIONS 1) The special permit shall apply to Franklin County tax parcel #115442012; 2) The site shall be developed in substantial conformance with the site plan submitted with the Special Permit application; 3) The property must be developed in conformance with the I-182 Overlay District design standards; 4) All aisle-ways between buildings and all entrance driveways/roads shall be hard-surfaced; 5) All building walls exposed to an existing city street together with all walls visible from adjoining properties shall contain architectural features to add 5 interest and aesthetic qualities to building by the use of masonry coursing, pilasters, patterning, alternating textures and decorative molding to match the existing office building. No composite materials, such as typical home siding, are permitted; 6) All metal roofing shall be colored to complement the existing mini-storage buildings while minimizing glare; 7) All security lighting shall be shielded and designed to prevent the encroachment of light onto adjoining properties; 8) A minimum ten foot wide landscaping buffer meeting the requirements set forth in PMC 25.75.050(3)(B) shall be installed along the entire length of the north property line; 9) Prior to obtaining a building permit for the mini-storage facility the applicant shall complete a Boundary Line Adjustment, adjusting the current property lines so as to create one parcel upon which the completed mini- storage facility is to be located; 1 O) The Special Permit shall be null and void if a building permit has not been obtained by June 30, 2015. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the April 17, 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 grant a special permit to allow the expansion of a mini- storage facility on tax parcel # 115-442-012 addressed 9335 Sandifur Parkway with conditions as contained in the April 17, 2014 staff report. 6 ~ H ~~ I NV1d 3.1./S ~ ; I l; ~~~~ b 0 u VM 'OOSVd 'AM)Id ~n~IONVS SCC6 ;j ~ ~ ~ NOISNVdX3 3EI~Ol.S ~OO~OV0~8 Ill (.) H 13( .... or II'S ... .... fiN'ld:)IJ.~'f I 3~~0lS l:lOOI'IOVOl:l9 --.... L-_--Jr---~---------------------------------------------------------· ·~ ::l I ; t ~ ~ a € : ~g I ~ I ~ I ~~ I~ I ~ d---_-+--.J.____ r-=-=-------=.-::_--_--:-:_-_--_--:::-_--_--:_-_---------------z 5 ----------------------------------------------------------------- -:;z--r-::;z-r-t-r---------------------------------------------/ --; ---- c.. w 1-u; Vicinity Item: Special Permit Map Applicant: Sound Investment File #: SP20 14-003 Land Use IteiTI: Special Permit M Applicant: Sound Investment ap File #: SP20 14-003 Multi-Family Residences Vacant Comm. Comm. Comm. SANDIFUR PKWY Vacant Zoning Map Item: Special Permit Applicant: Sound Investment File #: SP20 14-003 R-3 (Medium-Dens it Residential) SANDIFUR PKWY C-1 (Retail Business) = Q ..... -..... ri'J = ~ ;... ~ REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 2014-003 HEARING DATE : 4/17/ & 5/15 2014 ACTION DATE: 5/15/2014 BACKGROUND APPLICANT: EE Resources 250 NW Franklin Suite 401 Bend, OR 97701 REQUEST: Preliminary Plat: Madison Park Planned Density Development 1. PROPERTY DESCRIPTION: Legal: Franklin County tax parcel #116340142; lying south of Power Line Road, east of Road 52 all within the north half of Section 11, Township 9 North, Range 29 East, WM. General Location: East of Road 52 and south of the easterly projection of Power Line Road. Property Size: 220 Acres Number of Lots Proposed: 387 lots Square Footage Range of Lots: 8,004ft2 to 21,343 ft2 Average Lot Square Footage: 10,897 fF 2. ACCESS: The property has access from Santa Fe Lane, Santa Cruz Lane and Porto Lane which provide connections to Road 52 and Sandifur Parkway. 3 . UTILITIES: Utilities exist in surrounding streets in the subdivision to the south and in Road 52 . 4. LAND USE AND ZONING: The site is zoned RS-1 and was originally part of the Northwest Common development approved in 2005. Surrounding properties are zoned and developed as follows: NORTH: SOUTH: EAST: WEST AP-20 (Agricultural Production County Zoning)-Farm Ground RS-1 -Northwest Commons Subdivision RS-1 -Vacant Port property R-1 -New Elementary School 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for low-density residential development. According to the Comprehensive Plan low-density residential means 2 to 5 dwelling units per acre . The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for residential uses when or where; sewer is available, land is suitable for home sites, when there is a market demand and where there are major circulation routes. Policy H -1-E encourages the advancement of home ownership and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU-2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. 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 proposed plat encompasses a major portion of the Northwest Common Development that was approved in 2005. Northwest Commons was initially limited to 372 sewer connections due to the lack of capacity in the major trunk lines to the south of the development. Studies have since revealed sewer capacity was not as limited as originally thought and the Public Works Department has determined another 240 plus sewer connection could be permitted within the subdivision. As a result septic systems are no longer needed within the development. This represents a substantial change from the original preliminary plat approval. Another major change to the original preliminary plat occurred as the result of the Port purchasing 34 acres within the plat for a runway protection zone. Two years ago the Port updated the Airport Master Plan and the Master Plan called for a 1,200 foot extension to one of the runways. The runway extension impacted the plat because a large area fell under the runway protection zone, a zone in which houses should not be built. To insure no houses would be built in the protection zone the Port purchased the land. The Port purchase impacted the street and lot layout of the plat. Due to the changes in the sewer connections and Port property purchase staff suggested the applicant re-apply for preliminary plat approval prior to the preliminary plat approval expiring next fall. The original Northwest Commons plat (now named Madison Park) was approved with a variety of lot sizes ranging from over a half acre for the septic tank lots to 4,500 square feet for the townhouse lots. The density of the plat is determined by the average lot size of 10,000 square feet. Because of the underlying zoning the average lot size must be maintained at 10,000 square feet for any subsequent plat. The applicant is again seeking approval for a Planned Density Development that would allow a range of lot sizes between 8,004 square feet to over 20,000 square feet. 2 The Planned Density Development process was designed to provide a degree of flexibility to the development process. The process can only be used for parcels that contain 20 or more acres. Essentially the under lying zoning is used to determine the number of building lots permitted within a proposed plat. Lots are allow to be varied in size, some smaller and some larger than the minimum specified by the zoning. However as explained above the development is not permitted to exceed the maximum number of lots allowed by the zoning. LOT LAYOUT: The proposed plat contains 387 lots; with the lots varying in size from 8,004 to 21,343 square feet. The average lot size is 10,897 square feet. RIGHTS-OF-WAY: All lots have adequate frontage on streets which will be dedicated. UTILITIES: The developer will be responsible for extending utilities into the plat. A utility easement will be needed along the first 10 of street frontage of all lots. The final location and width of the easements will be determined during the construction design phase of the platting process. The front yard setbacks for construction purposes are larger than the requested easements; therefore the front yard easements will not encroach upon the buildable portions of the lots. The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. As a general rule, fire hydrants are located at street intersections and with a maximum interval of 300 feet between hydrants on the same side of the street. Streetlights are located at street intersections, with a maximum interval of 300 feet on residential streets, and with a maximum interval of 150 feet on arterial streets. The intervals for street light placements are measure along the centerline of the road. Street lights are placed on a lternating s ides of the street. STREET NAMES: Streets within the plat will all be named pnor to final platting. IRRIGATION: The municipal code requires the installation of irrigation lines as a part of infrastructure improvements. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval. The developer has previously deeded the water rights to the City. 3 FINDINGS OF FACT State law (RCW 58.17.110) and the Pasco Municipal Code require the Planning Commission to develop Findings of Fact as to how this proposed subdivision will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Findings of Fact": Prevent Overcrowding: With an average lot size of 10,897 square feet the proposed development will address the overcrowding concern by providing manageable lots and usable open spaces. RS-1 zoning requires a 20 foot front yard setback and no more than 40 percent lot coverage which also addresses the overcrowding issue. Parks Opens Space/Schools: The plat contains a neighborhood park which the developer must improve . There are four other neighborhood parks within a mile of the proposed plat. The School District is in the process of building four new schools within the community. The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to ameliorate the impacts of the proposed subdivision on the School District. At the request of the School District the City enacted a school impact fee in 2012 . The imposition of this impact fee addresses the requirement to e nsure there are adequate provisions for schools (See attached letter). All new residential development pays a school impact fee (when permits are issued) to assist with the provision of schools within the community. The preliminary plat was submitted to the School District for review. No additional requests were made by the School District for the City to address RCW 58.17.110 . (See attached PSD letter) Effective Land Use/Orderly Development: The plat is laid out for low-density residential development as identified in the Comprehensive Plan. The maximum density permitted under the Comprehensive Plan is 5 dwelling units per acre. The proposed development with about 3. 9 dwelling units per acre is an orderly continuation of the existing residential subdivision to the east. Safe Travel & Walking Conditions: The Plat will connect to the community through the existing network of streets. Sidewalks are installed at the time homes are built on individual lots. The sidewalk will be constructed to current City standards and to the standards of the American's with Disabilities Act (ADA). Adequate Provision of Municipal Services: All lots within the plat will be provide d with water, sewer and other utilities . 4 Provision of Housing for State Residents: The proposed preliminary plat contains 387 building lots, providing opportunities for the construction of 387new homes for Pasco residents . Adequate Air and Light: The maximum lot coverage limitations and building setbacks will assure that adequate movement of air and light is available to each lot. Proper Access & Travel: The access streets through the plat will be paved and developed to City standards to assure that proper access is maintained to each lot. (The discussion under safe travel above applies to this section also.) Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the plat site for low-density and mixed-residential development. Policies of the Comprehensive Plan suggest the City strive to maintain a variety of housing for residents. Other Findings: • The site is within the Pasco Urban Growth Area Boundary. • The State Growth Management Act requires urban growth and urban densities to occur within Urban Growth Boundaries. • The Comprehensive Plan identifies the site for low-density residential development. • The site was zoned RS-1 in 2005. • The site was originally included in the Northwest Commons preliminary plat that was approved by the City Council in 2005. • The original Northwest Commons plat contained 177 lots that were to be serviced by septic tanks. • Additional studies s ince 2005 indicate there is capacity in the sewer trunk lines to accommodate over 600 sewer connections within the property in question. • Thirty-four acres of the original Northwest Commons preliminary plat now falls under a runway approach zone that prohibits residential development. The Port of Pasco has purchased this property to protect future expansions at the Tri Cities Airport. • The Housing Element of the Comprehensive Plan encourages the development of a variety of residential densities and housing types. • The Transportation Element of t he Comprehensive Plan encourages the interconnection of neighborhood streets to provide for the disbursement of traffic. 5 • Per the ITE Trip Generation Manual 8th Addition the proposed subdivision, when fully developed, will generate approximately 3703 vehicle trips per day. • The current traffic impact fee is $709 per dwelling unit. The impact fees are collected at the time permits are issued and said fees are used to make traffic improvements and add traffic signals in the 1-182 Corridor when warranted. • RCW 58.17.110 requires the City to make a finding that adequate provisions have been made for schools before any preliminary plat is approved. • The City of Pasco has adopted a school impact fee ordinance compelling new housing developments to provide the School District with mitigation fees. The fee was effective April16, 2012. • Past correspondence from the Pasco School District indicates impact fees address the requirement to ensure adequate provisions are made for schools. CONCLUSIONS BASED ON THE FINDINGS OF FACT Before recommending approval or denial of the proposed Plat the Planning Commission must develop Findings of Fact from which to draw its conclusion (P.M.C. 26.24.070) therefrom as to whether or not: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public · ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; The proposed plat will be required to develop under the standards of the Pasco Municipal Code and the standard specifications of the City Engineering Division. These standards for streets, sidewalks, and other infrastructure improvements were designed to ensure the public health, safety and general welfare of the community are secured. These standards include provisions for streets, drainage, water and sewer service and the provision for dedication of right-of-way. The preliminary plat was forwarded to the Franklin County PUD, the Pasco School District, Cascade Gas, Charter Cable and Ben-Franklin Transit Authority for review and comment. The PUD requested easements along the front of all lots for utility service . Based on the School Districts Capital Facilities Plan the City collects school mitigation fees for each new dwelling unit. The fee is paid at the time of building permit issuance. In response to past subdivision proposals the School 6 District, by letter dated August 30, 2012, has explained the collection of impact fees addresses the requirements of RCW 58.17.110. A neighborhood park will be built within the confines of the plat. Four other neighborhood parks are located within one mile of the proposed subdivision. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed plat makes efficient use of vacant land and will provide for additional housing following the designations of the Comprehensive Plan and the established zoning. The proposed plat will also provide for the looping of utilities and interconnectivity of streets as supported in the Comprehensive Plan. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; The Comprehensive Plan land use map designates the site for low-density and residential development. The Comprehensive Plan describes Low-density development as 2 to 5 single-family dwelling units per acre. The policies of the plan encourage the advancement of home ownership (H -3-B). Plan Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community while Plan Policy H -1-B supports the protection and enhancement of the established character of viable residential neighborhoods. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps and narrative text of the Plan as noted in number three above. (5) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and Findings of Fact. The Findings of Fact indicate the subdivi sion is in conformance with the general purposes of the subdivision regulations provided certain mitigation measures (i.e. school, park and traffic fees) are included in approval conditions. (6) The public use and interest will be served by approval of the proposed subdivision. 7 If approved the proposed plat will be developed in accordance with all City standards designed to insure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through development of this Plat. These factors will insure the public use and interest are served. PLAT APPROVAL CONDITIONS 1. At the time lots are developed, all abutting roads and utilities shall be installed to City standards as approved by the C ity Engineer. This includes, but is not limited to water, sewer and irrigation lines, streets, street lights and storm water retention. The handicapped accessible pedestrian ramps must be completed with the street and curb improvements prior to final plat approval. All proposed utilities must be installed underground by the developer at the developer's expense including any power lines along Road 52. 2. The developer shall install a properly designed irrigation system with stubs to all lots in the subdivision for future irrigation needs. All easements/rights-of-way necessary to convey the irrigation system to and through the proposed plat must be conveyed to the City of Pasco . The irrigation lines shall run in easements/ rights-of-way as directed by the City Engineer. 3. Excess right-of-way along Power Line Road and Road 52 must be landscaped. Said landscaping shall include irrigation, turf and trees. Trees shall be p lanted at 50 foot intervals. The species of the trees will be determined by the Parks De partment. All landscaping and irrigation plans shall be reviewed and approved by the Parks Department prior to installation. Water usage for City right-of-way landscaping shall come from a source as approved by the City of Pasco with the connection and meter fees paid for by the developer. 4. The developer/builder shall pay the City a "common area maintenance fe e" of $475 per lot upon issuance of building permits for homes . These funds shall be placed in a fund and used to finance the maintenance of arterial boulevard strips. The City shall not accept maintenance responsibility for the landscaping abutting said streets until such time as all fees are collected for each phase that abut said streets. 5. The developer /builder shall pay the "traffic impact fee" established by ordinance at the time of issuance of building permits for homes. Fees collected shall be placed in a fund and used to finance signalization and other improvements necessary to mitigate traffic impacts on the circulation system within the I-182 corridor. 6. The developer shall be responsible for improving and dedicating the park site to the City. The park improveme nt plans must be reviewed and 8 approved by the Parks Division prior to construction. The park must be built and dedicated before permits have been issued for 250 houses. The community park fee must be collected with the issuance of building permit for each house. 7. The developer j builder shall mitigate impacts to the Public School System by the "school impact fee" established by Ordinance at the time of issuance of building permits for homes. 8. No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 9. All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s). 10. All storm water is to be disposed of per City and State codes and requirements. 11. The developer shall insure active and ongoing dust, weed and litter abatement activities occur during the construction of the subdivision and construction of dwellings thereon. 12. The developer shall prepare a dust, weed and erosion control plan to be approved by the City prior to approval of any construction drawings for the first phase of the subdivision. 13. The developer shall be responsible for the creation of record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This form shall be signed by the developer prior to construction plan approval. 14. All engineering designs for infrastructure and final plat(s) drawings shall utilize the published City of Pasco Vertical Control Datum and shall be identified on each such submittal. 15. The final plat(s) shall contain a 10-foot utility easement parallel to all streets. 16. The final plat(s) shall contain the following Franklin County Public Utility District s tatement: "The individual or company making improvements on a lot or lots of this Plat is r esponsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD 's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utili ty easements prior to PUD construction and/ or connection of any electrical service to or within the plat". 17 . Street lighting must be installed to the City of P asco/Franklin County PUD standards and as directed by the City Engineer. Residential street lights are typically installed every 300 feet, and collector j arterial type street lights are typically installed every 150 feet. Street li ght positioning 1s alternating and is measured along the centerline of the road. 9 18. Prior to the City of Pasco accepting construction plans for review the developer must enter into a Storm Water Maintenance Agreement with the City. The developer will be responsible for obtaining the signatures of a ll parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement must be presented to the City of Pasco at the intake meeting for construction plans. 19. The developer will be required to conform to all conditions set forth in the Storm Water Maintenance Agreement including, but not limited to, regular cleaning and maintenance of a ll streets, gutters, catch basins and catch basin protection systems. Cleaning shall occur on a regular basis to ensure that no excess buildup of sand, trash, grass clippings, weeds or other debris occurs in any portion of the streets, gutters, or storm water collection facilities. Cleaning and upkeep of the streets, gutters, and storm water collection facilities must be to the satisfaction of the City Engineer. The developer will be responsible for operating and maintaining the storm drain system in accordance with the Storm Water Maintenance Agreement for a period of up to five years from the date of final plat(s) approval depending on the build out schedule for homes on the lots. 20. The developer will be required to comply with the City of Pasco Civil Plan Review process. 21. The developer shall install a common Estate type masonry wall/fence 6 feet in height adjacent the rear line of all lots backing on Road 52 and Power Line Road as a part of the infrastructure improvements associated with each phase abutting said streets. Prior to installation the City must approve said wall/fence. Consideration must be given to the vision triangle at the intersection of streets. The City may make repairs or replace the fencing as needed. Property owners adjoining said fence shall be responsible for payment of all costs associated with maintenance and upkeep. These fencing requirements shall be noted clearly on the face of the final p lat(s). A concrete mow strip shall be installed under any common fence as directed by the City Parks Division and shall be approved by the Parks Department prior to installation. 22 . The developer shall install landscaping (turf) and irrigation within the gas line easement and the Home Owners Association established for the plat shall maintain said l andscaped area. A note shall be place on all final plats explaining the obligation of the Home Owners Association to maintain the gas line easement landscaping. 23. The developer shall install a common Estate type masonry wall/fence 6 feet in height around the City well site on Road 52. Said wall must match the wall constructed along Road 52. Property owners adjoining said fence shall be responsible for payment of all costs associated with maintenance and upkeep. These fencing requirements shall be noted clearly on the face of the final plat(s). 10 24. The developer shall install a common Estate type masonry wall/fence 6 feet in height around the irrigation well sites abutting Power Line Road. Said walls must match the wall constructed along Road 52 and conform to all front yard setback provisions. Property owners adjoining said fence shall be responsible for payment of all costs associated with maintenance and upkeep. These fencing requirements shall be noted clearly on the face of the final plat(s). Required front yard setbacks must be maintained along all interior streets. 25. Lots abutting Power Line Road and Road 52 shall not have direct access to said streets. Access shall be prohibited by means of deed restrictions or statements on the face of the final plat(s). 26. The following statement must appear on all phases abutting the airport. "Property within this (plat/ short plat or binding site plan) may be subject to varying noise levels and vibrations due to proximity to the Tri-Cities Airport. Properties near the airport may be located within height and use restriction zones as described and illustrated by Federal standards and regulations and the City of Pasco Zoning Regulations. There is the potential that standard flight patterns will result in aircraft passing over the properties at low altitudes and during all hours of the day. Future airport expansion including runway extensions may impact the size and number of aircraft utilizing the airport. Developments near the airport should assume that at any given time there will be some impact from air traffic." RECOMMENDATION MOTION: I move to continue hearing on the proposed preliminary plat to the May 15, 2014 meeting. 11 Overview Item:. Preliminanr Plat (3 87 Lots) M Applicant: EE Resources ap File#: PP 2014-003 Vicinity Map Item: Preliminary Plat (387 Lots) Applicant: EE Resources File#: PP 2014-003 Land Use Ma Elementary School Item: Prelimina!Y Plat (387 Lots) Applicant: EE Resources File#: PP 2014-003 Agriculture (County) SITE Vacant Vacant • Zoning Map Item: Preliminary Plat (3 87 Lots) Applicant: EE Resources File#: PP 2014-003 AP-20 (County) I e liFI'•I:IMI;r.s !I II \\\\\\\\\\\\\\\\\\~~~~~~~ I GllltY•l!IMiifS I < < < < < < < < < < < < < < < R-S-1 I , , e liFI'•I:IMiws;---....j SITE R-S-1 PUD April9, 2014 David McDonald City Planner PO Box 293 Pasco, W A 9930 l Pasco School District No. 1 Operations Department John M. Morgan, Assistant Superintendent (509)543-6098 1215 West Lewis Street Pasco, W A 99301 Fax: (509) 543-6715 RE: Madison Park, Preliminary Plat Dear Mr. McDonald: On behalf of the Pasco School District, thank you for the opportunity to comment on the above referenced development proposal. The district is submitting this letter to inform the City of Pasco Planning Commission and the proposed developer of the impacts the proposed development will have on the Pasco School District facilities and to respectfully request the impact be mitigated. District-wide , every new single family home in the district creates the need to provide school facilities for .34 elementary school students, .16 middle school students and .19 high school students. That means more than 267 students will live in new houses associated with the proposed development. This district will provide a public education to these 267 students at McGee Elementary School, McLoughlin Middle School and Pasco High School. The following table lists the number of students enrolled at McGee Elementary School, McLoughlin Middle School and Pasco High School. School Capacity October 2014 Enrollment McGee Elementary 500 982 McLoughlin Middle 1,000 1673 Pasco High 1750 1963 The information in this table was taken from the most recently adopted Capital Facilities Plan. The Capital Facilities Plan was adopted by the Board of Directors in December 2010 and is intended to be used to identify and plan for the public school facilities that are needed to serve new development. As shown in the table above and the Capital Facilities Plan, the district does not have capacity at McGee or McLoughlin Middle Schools to serve the students from the proposed development. The issue of inadequate capacity is exacerbated when you consider other pending developments that will generate additional students . Celebrating academics, diversity, and innovation. David McDonald Page 2 April 9, 2014 Public schools are one of the many public facilities the city (and county) must plan for. As new development occurs it is necessary to have a plan and regulations that ensure public facilities, including schools will be provided. New subdivisions plats cannot be approved unless the city finds there are adequate provisions for schools RCW 58 .1 7 .11 0 . Given the significant cost to build schools, and the lack of capacity in our schools to serve students from new developments, the Pasco School Board has asked the City of Pasco and Franklin County to adopt a school impact fee ordinance. (To construct a 750 student elementary school it will cost the district approximately $26 ,000,000.000 or about $35,000 per student. A 1,250 student middle school will cost the district approximately $690,000,000 or about $48,000 per student.) Impact fees address the requirement to ensure there are adequate provisions for schools. As the City of Pasco has adopted an impact fee ordinance, the district would only sign off on this development with the understanding that impact fees will be collected. The District respectively requests that the city consider and address the impact new development has on public schools and the districfs ability to provide quali ty education for all students. Please contact me if you have questions or need additional information. Respectfully, C:', {w.. Vv1 ~1 w-- aohn M. Morgan Assistant Superintendent Operations ms Cit of Pasco Prelinirw) Pial of ~iadi>On Park 4 ·9-14 Celebrating academics, diversity, and iDDovatioa.. .I ' .J _I I _ ,-_1 I I . ,. ·:. --r - --... -1 ---1--, ·--·, ..• I . 1 I_ 1 •.. _ I ---··--1 I i--=· -- t ••.• -----------·~ ------ ...;7 ,-~,i· .• hi :~ I·~ (f\ r· ·-... '" "'z - m~ ~~ _,x ~0 ~ 11 ::.:.;· ~~~· .. ! }~?,.;! . I .. ',. "''.'':~::_:t ···"-'I MADISON PA RK ", ·!., ~ . I PLANNED DF.:N SITY D EVf:L~M E N r ~ .~~-:·;·::~:;·:· ... ;;· .. --~- ______ __l_:__ . ;;-· .. MEMORANDUM DATE: April 10, 2014 TO: Planning Commission FROM: Jeffrey B . Adams, Associate Planner SUBJECT: Historic Preservation Title 27 Code Amendment (MF# CA 2014-001) The City Council approved Title 27 Historic Preservation (Ordinance 3785) in August 2006 to facilitate Special Tax Valuation for State and National Historic Register properties within the City. In November of 2013 the City expanded its interest in preserving artifacts of historical significance to the City by approving a more comprehensive Historic Preservation Work Plan (Resolution 3521}, which includes action items for establishing a local historic r egister and generally increasing awareness of historic r esources important to the c itizens of Pasco. One of the priorities in the Plan is to apply for Certified Local Government (CLG) status. The CLG Program is a technical and financial assistance program established by the National Historic Preservation Act and administered in the State of Washington through the State Department of Archaeology and Historic Preservation (DAHP). Local governments that establish a historic preservation program which meets federal and state standards are eligible to apply to the State Historic Preservation Officer (SHPO) and the National Park Service for certification. A l ocal government that receives such certification is known as a "Certified Local Government." Benefits of participating in the program include eligibility to apply for special grants from the State Historic Preservation Office (SHPO), authority to offer Special Tax Valuation to locally listed properties, technical assistance and training from the SHPO, ability to participate in the review of nominations to the National Register of Historic Places, access to the national historic preservation assistance network, and access to the State Historic Preservation Office data exchange. CLGs are e xpected to maintain a historic preservation commission, maintain a survey of local historic properties, enfor ce local preservation laws, review National Register Nominations, and engage the public in historic preservation activities. Among the requirements for CLG status is passage of a Historic Preservation Ordinance. While the city has a historic preservation ordinance in place, it is limited in scope, and missing key e lements including sections dealing with a local register of historic places as well as historic resources design review. The current Historic Preservation Ordinance was not deemed "comprehensive" by the State as it does not address these items. In order to rectify this situation the City Historic Preservation Commission has undertaken to update and augment Title 27 by adding the following elements: • Language allowing for the expansion of the Historic Preservation Commission by two members. • A chapter dealing with the establishment of a City of Pasco Register of Historic Places compiled of buildings, structures, sites, objects, and districts identified by the Commission as having historic significance worthy of recognition and protection by the City of Pasco. • Language dealing with the establishment of a comprehensive inventory of local historic resources which may be eligible for Special Tax Valuation and/or with potential to be listed on the City, State, or Federal Historic Registers • A chapter dealing with the review process for resources bidding for inclusion on the City of Pasco Historic Register. • A review process for proposals to construct, change, alter, modify, remodel, move, demolish, or significantly affect properties or districts listed on the City of Pasco Historic Register. • New definitions in conjunction with the two new chapters above. The revised Historic Preservation ordinance is attached as "Exhibit A." MOTION: I move to close the hearing on the proposed rezone and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the May 15, 2014 meeting. 2 !"EX HIBIT A " I TITLE 27 HISTORIC PRESERVATION CHAPTER 27.040 PURPOSE ...................................................................................................... 2 CHAPTER 27.050 SHORT TITLE ................................................................................................. 3 CHAPTER 27.060 DEFINITIONS ................................................................................................. 4 CHAPTER 27.070 CITY OF PASCO HISTORIC PRESERVATION COMMISSION ............................... 8 CHAPTER 27.075 CITY OF PASCO REGISTER OF HISTORIC PLACES ........................................... 11 CHAPTER 27.076 REVIEW OF CHANGES TO THE CITY OF PASCO REGISTER OF HISTORIC RESOURCES ........................................................................................................................... 14 CHAPTER 27.080 REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL PROPERTY TAX VALUATION ........................................................................................................................... 16 CHAPTER 27.090 CRITERIA ..................................................................................................... 17 CHAPTER 27.100 AGREEMENT ............................................................................................... 18 CHAPTER 27 .110 APPEALS ..................................................................................................... 18 PMCTitle 27 8/7/2006 (REVISED 4/10/2014) 1 CHAPTER 27.040 PURPOSE. Sections: 27.040 .010 PURPOSE ................................................................................ 2 27.040.010 PURPOSE. The purpose of this ordinance is to provide for the identification, evaluation, designation, and protection of designated historic and prehistoric resources within the boundaries of the City of Pasco and preserve and rehabilitate eligible historic properties within the City of Pasco for future generations through special valuation, a property tax incentive, as provided in Chapter 84.26 RCW in order to: 1) Safeguard the heritage of the City of Pasco as represented by those buildings, districts, objects, sites and structures which reflect significant elements of Pasco's history; 2) Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense of identity based on Pasco's history; 3) Stabilize or improve the aesthetic and economic vitality and values of such sites, improvements and objects; 4) Assist, encourage and provide incentives to private property owners for preservation, restoration, redevelopment and use of outstanding historic buildings, districts, objects, sites and structures; 5) Promote and facilitate the early identification and resolution of conflicts between preservation of historic resources and alternative uses ; and, 6) Conserve valuable material and energy resources by ongoing use and maintenance of the existing built env ironment. PMCTitle 27 8/7/2006 (REVISED 4/10/2014) 2 CHAPTER 27.050 SHORT TITLE Sections : 27 .050.010 SHORT illLE .......................................................................... 3 27.050.010 SHORT illLE. The following sections shall be known and may be cited as the "Special Valuation for Historic Properties Ordinance of the City of Pasco." PMC Titl e 27 8/7/2006 (REVI SED 4/10/2014 ) 3 CHAPTER 27.060 DEFINITIONS Sections: 27.060.005 DEFINITIONS .......................................................................... 4 27.060.006 CilY OF PASCO HISTORIC INVENTORY ................................... .4 27.060.010 CilY OF PASCO HISTORIC PRESERVATION COMMISSION .......... 4 27.060.011 CilY OF PASCO REGISTER OF HISTORI C PLACES .................... .4 27.060.020 ACTUAL COST OF REHABILITATION ........................................ .4 27.060.030 BUILDING ............................................................................... 4 27.060.035 CERTIFICATE OF APPROPRIATENESS ...................................... .4 27 .060.036 CERTIFIED LOCAL GOVERNMENT. ........................................... .4 27.060.040 CLASS OF PROPERTIES ELIGIBLE TO APPLY FOR SPECIAL VALUATION IN THE CilY OF PASCO .......................................................... 5 27.060.050 COST ...................................................................................... 5 27.060.060 EMERGENCY REPAIR ............................................................... 5 27 .060.070 HISTORIC PROPERlY .............................................................. 5 27.060.075 INCENTIVES ............................................................................ 5 27.060.080 LOCAL REVIEW BOARD ............................................................ 5 27.060.090 NATIONAL REGISTER OF HISTORIC PLACES ............................. 5 27.060.091 OBJECT ................................................................................... 5 27.060 .092 ORDINARY REPAIR AND MAINTENANCE .................................. 5 27.060 .100 OWNER ................................................................................... 5 27.060 .105 SIGNIFICANCE OR SIGNIFICANT. ............................................. 5 27.060.106 SITE ....................................................................................... 5 27 .060.110 SPECIAL VALUATION ............................................................... 5 27 .060.115 STATE REGISTER OF HISTORIC PLACES ................................... 5 27.060.120 STRUCTURE ............................................................................ 5 27 .060 .125 UNIVERSAL TRANSVERSE MERCATOR OR UTM ........................ 5 27.060.126 WAIVER OF A CERTIFICATE OF APPROPRIATENESS .................. 5 27.060.130 WASHINGTON STATE ADVISORY COUNCIL'S STANDARDS FOR THE REHABILITATION AND MAINTENANCE OF HISTORIC PROPERTIES ....... 5 27.060.005 DEFINITIONS. The following words and terms when used in this ordinance shall mean as follows, unless a different meaning clearly appears from the context : 27.060.006 CilY OF PASCO HISTORIC INVENTORY . "City of Pasco Historic I nventory" or "Inventory" means th e comprehensive inventory of historic and p rehistoric resources within the boundaries of the City of Pasco. 27 .060.010 CilY OF PASCO HISTORIC PRESERVATION COMMISSION . "City of Pasco Historic Preservation Commission," or "Commission" means the Commission created in Section 27 .070 .010 herein . 27 .060.011 CilY OF PASCO REGISTER OF HI STORIC PLACES . "City of Pasco Reg ister of Historic Places", "Local Reg ister", or "Register" means the listing of local ly designated properties provid ed f or in Section 27.075 he rein. PMCTitle 27 8/7/2006 (REVISED 4/10/2014) 4 27.060.020 ACTUAL COST OF REHABILITATION . "Actual Cost of Rehabilitation" means costs incurred within twenty-four months prior to the date of application and directly resulting from one or more of the following: a) improvements to an existing building located on or within the perimeters of the original structure; or b) improvements outside of but directly attached to the original structure which are necessary to make the building fully useable but shall not include rentable/habitable floor-space attributable to new construction; or c) architectural and engineering services attributable to the design of the improvements; or d) all costs defined as "qualified rehabilitation expenditures" for purposes of the federal historic preservation investment tax credit. 27 .060.030 BUILDING. A "building" is a structure constructed by human beings. This includes both residential and nonresidential buildings, main and accessory buildings. 27 .060.035 CERTIFICATE OF APPROPRIATENESS. "Certificate of Appropriateness" means the document indicating that the commission has reviewed the proposed changes to a local register property or with in a local register historic district and certified the changes as not adversely affecting the historic characteristics of the property which contribute to its designation. 27.060.036 CERTIFIED LOCAL GOVERNMENT. "Certified Local Government" or "CLG" means the designation reflecting that the local government has been jointly certified by the State Historic Preservation Officer and the National Park Service as having established its own h istoric preservation commission and a program meeting Federal and State standards. 27 .060.010 CLASS OF PROPERTIES ELIGIBLE TO APPLY FOR SPECIAL VALUATION IN THE CITY OF PASCO. "Class of properties eligible to apply for Special Valuation in the City of Pasco" ffieans properties listed on the ~~ational Register of Historic Places or certified as contributing to a National Register Historic District which have been substantially rehabilitated at a cost and 'Nithin a time period which meets the requireffients set forth in Chapter 81.26 RCW. 27.060 .040 CLASS OF PROPERTIES ELIGIBLE TO APPLY FOR SPECIAL VALUATION IN THE CITY OF PASCO . "Class of properties eligible to apply for Special Valuation in the Citv of Pasco" means all properties listed on the National Register of Historic Places or certified as contributing to a National Register Historic District which have been substantially rehabilitated at a cost and w ithin a time period which meets the requirements set forth in Chapter 84 .26 RCW, unti l the City of Pasco becomes a Certified Local Government CCLG). Once a CLG, the class of properties eligible to apply for Special Valuation in the City of Pasco means only all properties listed on the local and national Register of Historic Places or properties certified as contributing to a local or national Register His toric District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW. 27.060.050 COST. "Cost" means the actual cost of rehabilitation, which cost shall be at least twenty-five percent of the assessed valuation of the historic PMCTitle 27 8/7/2006 (REVISED 4/10/2014) 5 property, exclusive of the assessed value attributable to the land, prior to rehabilitation. 27.060.060 EMERGENCY REPAIR. "Emergency repair" means work necessary to prevent destruction or dilapidation to real property or structural appurtenances thereto immediately threatened or damaged by fire, flood, earthquake or other disaster . 27.060.070 HISTORIC PROPERTY. "Historic property" means real property together with improvements thereon, except property listed in a register primarily for objects buried below ground, which is listed on the National Register of Historic Places. 27.060 .075 INCENTIVES . "Incentives" are such rights or privileges or combination thereof which the City Council, or other local, state, or federal public body or agency, by virtue of applicable present or future legisla tion, may be authorized to grant or obtain for the owner(s) of Register properti es. Examples of eco nomic incentives include but are not limited to tax relief, conditional use permits, rezoning, street vacation, planned unit development, transfer of developm ent rights, facade easements, gifts, preferential leasing pol icies, beneficial placement of public improvements or amenities, or the like. 27.060.080 LOCAL REVIEW BOARD. "Local Review Board", or "Board" used in Chapter 84 .26 RCW and Chapter 254-20 WAC for the special valuation of historic properties means the Commission created in Section 27.070.010 herein. 27 .060.090 NATIONAL REGISTER OF HISTORIC PLACES . "National Register of Historic Places" means the national listing of properties significant to our cultural history because of their documented importance to our history, architectural history, engineering, or cultural heritage. 27.060.091 OBJECT. An "object" is a thing of functional, aesthetic, cultural, his torical , or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. 27.060.092 ORDINARY REPAIR AND MAINTENANCE. "O rdinary repair and maintenance" means work for which a permit issued by the City of Pasco is not requ ired by law, and where the purpose and effect of such work is to correct any deterioration or decay of or damage to the real property or structure appurtenance therein and to restore the same, as nearly as may be practi cable, to the condition prior to the occurrence of such deterioration, decay. or damage. 27.060.100 OWNER. "Owner" of property is the owner of record as exists on the Franklin County Assessor's records. 27.060.105 SIGNIFICANCE OR SIGNIFICANT. "Significance" or "significant" used in the context of historic sign ificance means the following: a property with local, state, or national significance is one wh ich helps in the understanding of the history or prehistory of the local area, state. or nation (whichever is applicable) by illuminating the local, statewide, o r nationwide impact of the events or persons associated with the property, or its architectural type or style in information PMC Title 27 8/7/2006 (REVISED 4/10/2014) 6 potential. The local area can include The City of Pasco, Franklin County, or southeastern Washington. or a modest geographic or cul t ural area, such as a neighborhood . Local significance may apply to a property that illustrates a theme that is important to one or more localities; state significance to a theme important to the history of the state; and national significance to property of exceptional value in representing or illustrating an important theme in the history of the nation . 27.060.106 SITE. A "site" is a place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupation or activities that may be marked by physical remains; or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may be the loca t ion of ruined or now non-extant building or structure of the location itself possesses historic cultura l or archaeologica l sign ificance. 27.060.110 SPECIAL VALUATION . "Special Valuation for Historic Properties" o r "Special Valuation" means the local option program which when implemented makes available to property owners a special tax valuation for rehabilitation of historic properties under which the assessed value of an eligible historic property is determined at a rate that excludes, for up to ten years, the actual cost of the rehabilitation. (Chapter 84.26 RCW). 27 .060.115 STATE REGISTER OF HISTORIC PLACES. "State Register of Historic Places" means the state listing of properties significant to the community, state. or nation but which may or may not meet the criteria of the National Register . 27 .060.120 STRUCTURE . A "structure" is a work made up of interdependent and interrelated parts in a definite pattern of organization. Generally constructed by man , it is often an engineering project. 27.060.125 UNIVERSAL TRANSVERSE MERCATOR OR UTM . "Universal Transverse Mercator" or "UTM" means the grid zone in metric measurement providing for an exact point of numerical refe rence. 27.060.126 WAIVER OF A CERTIFICATE OF APPROPRIATENESS. "Waiver of a Certificate of Appropriateness" or "Waiver" means the document indicating that the commission has reviewed the proposed whole or partial demolition of a local register property or in a local register historic district and failing to find alternatives to demolition has i ssued a waiver of a Certificate of Appropriateness which allows the building or zoning official to issue a permit for demolition . 27.060.130 WASHINGTON STATE ADVISORY COUNCIL'S STANDARDS FOR THE REHABILITATION AND MAINTENANCE OF HISTORIC PROPERTIES. "Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties" or "State Advisory 's Council's Standards " means the rehab il itation and maintenance standards used by the City of Pasco Historic Preservation Commission as minimum requirements for determining whether or not an historic property is eligible for specia l valuation and whether or not the property continues to be eligible for special valuation once it has been so classified. PMCTitl e 27 8/7/2006 (REVISED 4/10/2014) 7 CHAPTER 27.070 CITY OF PASCO HISTORIC PRESERVATION COMM ISSION Sections : 27.070.010 CREATION AND SIZE ............................................................... 7 27 .070 .020 COMPOSffiON OF THE COMMISSION ....................................... 7 27.070.030 TERMS .................................................................................... 7 27.070.040 POWERS AND DUTIES ............................................................. 7 27 .070.050 COMPENSATION ...................................................................... 9 27 .070.060 RULES AND OFFICERS ............................................................. 9 27 .070.070 COMMISSION STAFF ................................................................ 9 27 .070.010 CREATION AND SIZE . There is hereby established a City of Pasco Historic Preservation Commission, consisting of not less than five (5) and no more than seven (7) members, as provided in Sections 27.070.020 and 27.070.030 below . Members of the City of Pasco Historic Preservation Commission shall be appointed by the Mayo r and approved by the Pasco City Council and shal l be residents or own property in the City of Pasco, except as provided in Section 27.070.020(2) below. 27.070.020 COMPOSITION OF THE COMMISSION. 1) All members of the Commission must have a demonstrated interest and competence in historic preservation and possess qualities of impartiality and broad judgment. 2) The commission shall always include at least two (2) professionals who have experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curatorship, conservation, landscape architecture, or related discipl ines. The Commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or all of th e professional positions. Furthermore, exception to the residency requirement of Commission members may be granted by the Mayor and City Council in order to obtain representatives from these disciplines. 3) In making appointments, the Mayor may consider names submitted from any source. 27.070.030 TERMS. The original appointment of members to the Commission shall be as follows: two (2) for two (2) years; two (2) for three (3) years; and 6f\e f17 three for four ( 4) years . Thereafter, appointments shall be made for a three (3) year term. Vacancies shall be filled by the Mayor for the unexpired term in the same manner as the original appo i ntment. 27.070 .040 POWERS AND DUTIES . 1) Respons ibility . The maj or responsibility of the Historic Preservation Comm ission is to identify and actively encourage the conservation of Pasco's h istoric resources by reviewing National Reg ister properties applying for Special Ta x Valuation; to ra ise community awareness of Pasco 's history and historic resources; and to serve as the City of Pasco 's primary resource in matters of history, historic planning, and preservation. In carrying out these responsibilities, the Historic Preservation Commission shall engage i n the following: PMCTitle 27 8 /7/2006 (REVISED 4/10/2014) 8 a) Conduct and ma i nta i n a comp reh ens ive inventory of historic re sources within the bounda rie s of t he City of Pas co and know n as the City of Pasco Historic Inv entory, and pub li cize and peri od ica lly update inve ntory r e su lts. Properties listed on the inventory shall be record ed on official zon in g records with an "HI" (for historic inventory designation). Th is designa ti on sha l l not change or mod ify the underlying zone class ification. b) Initiate and maintain the City of Pasco Register of His t oric Pl aces . This official regis t er shall be compiled of buildings, structures, sites, objects, and districts iden t ified by the comm ission as having historic significance worthy of recogni ti on and protection by the City of Pasco and e ncouragement of efforts by owners to ma inta i n. rehabi litate, and preserve properti es . c) Review nominations to t he City of Pasco Reg ist er of Historic Places according to cr iteria in Secti on 27 .075 of th is ord inance and adopt st andards in its ru les to be used to guide this review . d) Review proposals to construct. chang e. alte r . mod ify, remodel. move. demo l ish . or significantly affect properties or districts on the register as provided in Section 27 .076; and adopt standards i n its rules to be us ed to guide this re vi ew and the issuance of a certificate of appropriateness or waiver. e) Provide for the review either by the commission or its st aff of all app lications for app rova ls. perm its, environmental assessments or impact statements. and other similar documents pertaining t o id en t ifi ed histo ric resourc es or adjacent prop erties. f) aT-C onduct all Commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act, to provide for adequate public participation and adopt standards in its rules to guide this action. g) bJ-Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic and prehistoric resources . h) erEstablish liaison support, communication and cooperation with federal, state, and other local government entities which will further historic preservation objectives, including public education, within the City of Pasco. i) 61 Review and comment to the Pasco City Council on land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the City of Pasco, other neighboring communities, the Franklin County, the State or Federal governments, as relate to historic resources of the City of Pasco . j) ej Advise the Pasco City Council and the Mayor generally on matters of Pasco's history and historic preservation . k) f1 Perform other related functions assigned to the Commission by the Pasco City Council or the Mayor. I) ~ Provide information to the public on methods of maintaining and rehabilitating historic properties. This may take the form of pamphlets, newsletters, workshops, or similar activities. m) A7 Officially recogn ize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in historic areas; and encourage appropriate measures for such recognition. PMCTitle 27 8/7/2006 (REVISED 4/10/2014) 9 n) t7 Be informed about and provide information to the public and City of Pasco departments on incentives for preservation of historic resources including legislation, regulations and codes which encourage the use and adaptive reuse of historic properties. o) Review nominations to the State and National Registers of Historic Places. p) j} Investigate and report to the Pasco City Council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in Pasco. q) kJ Serve as the local review board for Special Valuation and: 1. Make determinations concerning the eligibility of historic properties for special valuation; 2. Verify that the improvements are consistent with the Washington State Advisory Council's Standards for Rehabilitation and Maintenance: 3. Enter into agreements with property owners for the duration of the special valuation period as required under WAC 254-20-070(2); 4. Approve or deny applications for special valuation; Monitor the property for continued compliance with the agreement and statutory eligibility requirements during the 10 year special valuation period; 5. Monitor the property for continued compliance with the agreement and statutory eligibility requirements duri ng the 10 year specia l valuation period; and 6. Adopt bylaws and/or administrative rules and comply with all other local review board responsibilities identified in Chapter 84.26 RCW. r) B The Commission shall adopt rules of procedure to address their responsibilities under this ordinance. 27.070.050 COMPENSATION. All members shall serve without compensation. 27.070 .060 RULES AND OFFICERS The Commission shall establish and adopt its own rules of procedure, and shall select from among its membership a chairperson and such other officers as may be necessary to conduct the Commission's business. 27 .070.070 COMMISSION STAFF. Commission and professional staff assistance shall be provided by the Director of Community & Economic Development with additional assistance and information to be provided by other City of Pasco departments as may be necessary to aid the Commission in carrying out its duties and responsibilities under this ordinance. PMC Title 27 8/7/2006 (REVISED 4/10/2014) 10 CHAPTER 27.075 CITY OF PASCO REGISTER OF HISTORIC PLACES Sections: 27.075 .010 CRITERIA FOR DETERMINING DESIGNATION IN THE REGISTERX 27.075 .020 CITY OF PASCO REGISTER OF HISTORIC RESOURCES .............. X 27.075.030 REMOVAL OF PROPERTIES FROM THE REGISTER ..................... X 27.075 .040 EFFECTS OF LISTING ON THE REGISTER ................................. X 27 .075.010 CRITERIA FOR DETERMINING DESIGNATION IN THE REGISTER . Any build ing, structure. site, object, or district may be designated for inclusion in the City of Pasco Register of Historic Resources if it is significantly associated with the history, architect ure. archaeo logy, engineering, or cultural heritage of the community; if it has integrity; is at least 50 years old, or is of lesser age and has exceptiona l i mportance; and if it falls in at least one of the following categories: 1. Is associated with events that have made a significant contribution to the broad patterns of national. state, or loca l history. 2. Embod ies the distinctive architectural characteristics of a type. period, style, or method of design or construction. or represents a significant and distinguishable entity whose components may lack individual distinction. 3. Is an outstanding work of a designer, builder, or architect who has made a substantia l contribution to the art. 4. Exemplifies or reflects specia l elements of the City's cultural. specia l. econom ic. political, aesthetic, engineering, or architectura l history. 5. Is associated with the lives of persons significant in national, state. or lo cal history. 6. Has yie lded or may be like ly to y ie ld important archaeo log ica l information related to history or prehistory. 7. Is a building or structure removed from its original location but which is significant primarily for architectural value, or which is the only surviving structure significantly associated with an historic person or event. 8. Is a birthp lace or grave of an historica l figure of outstanding i mportance and is the on ly surviving structure or site associated with that person. 9. Is a cemetery which derives its primary significance from age, from distinctive design features. or from association with historic events, or cultura l patterns. 10. Is a reconstructed building that has been executed in an historically accurate manner on the original site . 11. Is a creative and unique example of folk architectur e and design created by persons not formally trained in the architectura l or design professions, and which does not fit into forma l architectural or historica l categories . PMC Title 27 8/7/2006 (REVISED 4/10/2014) 11 27.075.020 Citv of Pasco Register of Historic Resources 1. Anyone may nominate a building, structure, site. object, or district for i nclusion in the City of Pasco Register of Historic Resources. Members of the Historic Preservation Commission or the commission as a whole may generate nominations. In its designation dec is ion. the commission shall cons ider the City of Pasco Reg ister of Historic Resources and the City Comprehensive Plan . 2. In the case of individual properties, the designation shall include the Universal Transverse Mercator CUTM) reference and all features-i nterior and exterior-and outbuildings that contribute to its designation. 3. In the case of districts, the designation sha l l include description of the boundaries of the district: the characteristics of the district justifying its designation; and a list of all properties including features, structures, sites, and objects contributing to th e designation of the district. 4. The Historic Preservation Commission shall cons ider the merits of the nomination, according to the criteria in Section 27.075.010 and according to the nomination review standards established in rules, at a public meeting. Adequate notice will be given to the public, the owner(s) and the authors of the nomination. if different and lessees, if any, of the subject property prior to the public meeting according to standards for public meetings established in rules and in compliance with Chapter 42.30 RCW, Open Public Meetings Act. Such notice shall include publication in a newspaper of general circulation in Pasco and any other form of notification deemed appropriate by Pasco. If the commission finds that the nominated property is eligible for the City of Pasco Register of Historic Resources, the commission shall make recommendation to the city council that the property be listed in the register with owner's consent. In the case of historic districts, the commission sha ll consider 75% of property owners to be adequate for owner consent. Owner consent and notification procedures in the case of districts shall be further defined in rules. The public, property owner(s) and the authors of the nomination, if different, and lessees, if any, shall be notified of the listing. 5. Properties listed on the City of Pasco Register of Historic Resources shall be recorded on official zoning records with an "HR" (for Historic Register) designation. This designation shall not change or modify the underlying zone classification. 27.075 .030 Removal of Properties from the Register In the event that any property is no longer deemed appropriate for designation to the City of Pasco Register of Historic Resources, the comm ission may initiate removal from such designation by the same procedure as provided for in establishing the designation, Section 27.075.010 . A property may be removed from the City of Pasco Register of Historic Resources without the owner's consent if it fails to maintain minimum register standards. PMC Title 27 8/7/2006 (REVISED 4/10/2014) 12 27 .075.040 Effects of Listing on the Register 1. Listing on the City of Pasco Register of Historic Resources is an designation denoting significant association with the historic. archaeo logical, engineering. or cultura l heritage of the community . Properties are listed individually or as contributing properties to an historic district. 2. Prior to the commencement of any work on a register property. exc luding ordinary repa ir and maintenance and emergency measures defined in Section 27 .060 .060, the owner must request and rece ive a Certificate of Appropriateness from the commission for the proposed work. Violation of this rule shall be grounds for the commission to review the property for remova l from the register. 3. Prior to whole or partial demolition of a register property. the owner must request and receive a waiver of a Certificate of Appropriateness. 4. Once Pasco is certified as a Certified Local Government (CLG). all taxab le properties listed on the City of Pasco Register of Historic Resources may be elig i ble for Special Tax Valuation on their rehabilitation (Section 27 .080). PMCTitle 27 8/7/2006 (REVISED 4/10/2014) 13 CHAPTER 27.076 REVIEW OF CHANGES TO THE CITY OF PASCO REGISTER OF HISTORIC RESOURCES Sections: 27.076 .010 REVIEW REQUIRED ................................................................ X 27.076.020 EXEMPTIONS ......................................................................... X 27.076.030 REVIEW PROCESS .................................................................. X 27.076 .010 REVIEW REQUIRED. No person shall change the use. construct any new build ing or structure. or reconstruct. alter. restore. remodel, repair. move. or demolish any existing property on the City of Pasco Register of Historic Resources or within an historic dist rict on the City of Pasco Register of Historic Resources without review by the commission and without receipt of a Certificate of Appropriateness, or in the case of demo lition, a waiver, as a resu lt of the review. The review shall apply to all features of the property, interior and exterior, which contribute to its des ignation and a re listed on the nomination form. Information required by the commission to review the proposed changes are established in rules. 27.076.020 EXEMPTIONS. The following activities do not require a Certificate of Appropriateness or review by the commission: ordinary repair and maintenance-which includes painting-or emergency measures defined in Section 27.060.060. 27.076.030 REVIEW PROCESS 1. Requests for Review and Issuance of a Certificate of Appropriateness or Waiver The building or zoning official shall report any application fo r a perm it to work on a designated City of Pasco Register of Historic Resources Register property or in a Pasco his t oric dist rict to the commission. If the activity is not exempt f rom rev iew, t he comm ission or professional st aff shall notify t he applicant of the review requirements. The building or zon i ng official shall not issue any such permit until a Certificate of Appropriateness or a waiver is received from the commission but shal l work with the commission in considering bu i lding and fire code requirements. 2. Commission Review The owner or his/her agent (architect. contractor, lessee, etc.) sha ll apply to the commission for a review of proposed cha ng es on a City of Pasco Register of Historic Resources property or within a Pasco historic dist rict and request a Certificate of Appropriateness or, in the case of demolition, a waiver. Each application for review of proposed changes shall be accompanied by such information as is required by the commission established in its rules for the proper review of the proposed project. The commission shall meet with the applicant and review the proposed work according to the design rev iew criteria established in ru les. Unless legally required, PMC Title 27 8/7/2006 (REVISED 4/10/2014) 14 there shall be no notice, posting, or publication requ irements fo r action on the application, but all such actio ns shall be made at regu lar meeti ngs of the comm1ss1on . The comm1ss 1on shall complete its review and make its recommendations within thirty (30) calendar days of the date of receipt of the application. If the commission is unable to process the request, the commission may ask fo r an extension of time. The commission's recommendati ons shall be in writing and shall state the findings of fact and reasons relied upon in reaching its decision. Any conditions agreed to by the applicant in this review process shall become conditions of approval of the permits granted. If the owner agrees to the commission's recommendations, a Certificate of Appropriateness shal l be awarded by the commission according to standards established in the commission's rules. The commission's recommendations and, if awarded, the Certificate of Appropriateness shall be transmitted to the bu ilding or zoning official. If a Certificate of Appropriateness is awarded, the building or zoning official may then issue the permit. 3 . Demolition A waiver of the Certificate of Appropriateness is required before a permit may be issued to allow whole or partial demolition of a designated Citv of Pasco Register of Historic Resources property or in a Pasco historic district. The owner or his/her agent shall apply to the commission for a review of the proposed demolition and request a waiver. The applicant shall meet with the commission in an attempt to find alternatives to demolition. These negotiations may last no longer than 45 calendar days from the initial meeting of the commission, unless either party reauests an extension. If no request for an extension is made and no alternative to demolition has been agreed to, the commission shall act and advise the official in charge of issuing a demolition permit of the approval or denial of the waiver of a Certificate of Appropriateness . Conditions in the case of granting a demolition permit may include allowing the commission up to 45 additional calendar days to develop alternatives to demolition. When issuing a waiver the board may require the owner to mitigate the loss of the City of Pasco Register of Historic Resources property by means determined by the comm ission at the meeting. Any conditions agreed to by the applicant in this review process shall become conditions of approval of the permits granted. After the property is demolished, the commission shall initiate removal of the property from the register . 4. Appeal of Approval or Denial of a Waiver of a Certificate of Appropriateness. The commission 's decision regarding a waiver of a Certificate of Appropriateness may be appealed to the City Council within ten days . The appeal must state the grounds upon which the appeal is based. The appeal shall be reviewed by the council only on the records of the comm1ss1on . Appeal of Council's decision regarding a waiver of a Certificate of Appropriateness may be appealed to Superior Court. PMC Title 27 8/7/2006 (REVISED 4/10/2014) 15 CHAPTER 27.080 REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL PROPERTY TAX VALUATION Sections: 27.080.010 TIMELINES ............................................................................ 10 27 .080.020 PROCEDURE .......................................................................... 10 27.080.010 TIMELINES. 1) Applications shall be forwarded to the Commission by the Franklin County Assessor within ten (10) calendar days of filing. 2) Applications shall be reviewed by the Commission before December 31 of the calendar year in which the application is made provided that the application is received prior to October 1. 3) Commission decisions regarding the applications shall be certified in writing and filed with the Franklin County Assessor within ten (10) calendar days of issuance . 27 .80.20 PROCEDURE. 1) The Franklin County Assessor forwards the application(s) to the Commission. 2) The Commission reviews the application(s), consistent with its rules of procedure, and determines if the application(s) are complete and if the properties meet the criteria set forth in WAC 254-20-070(1) and listed in Section 27.090 .030 of this ordinance. a) If the Commission finds the properties meet all the criteria, then, on behalf of the City of Pasco, it enters into a Historic Preservation Special Valuation Agreement (set forth in WAC 254-20-120 and in Section 27.100 of this ordinance) with the owner. Upon execution of the agreement between the owner and Commission, the Commission approves the application(s) b) If the Commission determines the properties do not meet all the criteria, then it shall deny the application(s). 3) The Commission certifies its decisions in writing and states the facts upon which the approvals or denials are based and files copies of the certifications with the Franklin County Assessor. 4) For approved applications : PMC Titl e 27 a) The Commission forwards copies of the agreements, applications, and supporting documentation (as required by WAC 254-20-090 (4) and identified in Section 27.090.020 of this ordinance) to the Franklin County Assessor, b) Notifies the state review board that the properties have been approved for specia l valuation, and c) Monitors the properties for continued compliance with the agreements throughout the 10-year special valuation period . 8/7/2006 (REVISED 4/10/2014) 16 5) The Commission determines, in a manner consistent with its rules of procedure, whether or not properties are d isqualified from special valuation either because of: a) The owner's failure to comply with the terms of the agreement, or b) Because of a loss of historic value resulting from physical changes to the building or site. c) For disqualified properties, in the event that the Commission concludes that a property is no longer qualified for special valuation, the Commission shall notify the owner, assessor, and state review board in writing and state the facts supporting its find ings. 6) For disqualified properties, in the event that the commission co ncludes that a property is no long er qualified for special valuation, the commission shall notify the owner. assessor. and state review board in writing and state the facts supporting its findings . CHAPTER 27.090 CRITERIA Sections: 27.090.010 HISTORIC PROPERTY CRITERIA ............................................. 12 27.090.020 APPLICATION CRITERIA ........................................................ 12 27.090.030 PROPERTY REVIEW CRITERIA ................................................ 12 27.090 .040 REHABILITATION AND MAINTENANCE CRITERIA .................... 13 27.090.050 EVALUATION COSTS .............................................................. 13 27.090.010 HISTORIC PROPERTY CRITERIA : The class of historic property eligible to apply for Special Valuation in City of Pasco means properties listed on the Nationa l Reg ister of Historic Places which have been substantially rehabi litated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW , until the City of Pasco becomes a Certified Local Government (CLG). Once a CLG, the class of property eligible to apply for Special Valuation in the City of Pasco means all taxable properties lis ted on the local and National Register of Historic Places or properties certified as contributing to a local and/or national Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW. 27 .090.020 APPLICATION CRITERIA: Complete applications shall consist of the following documentation: 1) A legal description of the historic property, 2) Compreh e ns ive exterior and interior photographs of the historic property before and after rehab i litation, 3) Arch it ectural plans or other legible drawings depicti ng the completed rehabilitation work, and 4) A notarized affidavit attesting to the actual cost of the rehabilitation work completed prior to the date of application and the period of time during which the work was performed and documentation of both to be made available to the commission upon request, and PM C Title 27 8/7/2006 (REVISED 4 /10/2014) 17 5) For properties located within historic districts, in addition to the standard application documentation, a statement from the Secretary of the Interior or Pasco Director of Community and Economic Development, indicating the property is a certified historic structure is required. 6) Any other documents that the Commission needs to evaluate the request. All costs shall be the responsibility of the applicant. 27.090.030 PROPERTY REVIEW CRITERIA. In its review the Commission shall determine if the properties meet all the following criteria: 1) The property is historic property; 2) The property is included within a class of historic property determined eligible for Special Valuation by the City of Pasco under Section 27.080.020 of this ordinance; 3) The property has been rehabilitated at a cost which meets the definition set forth in RCW 84.26.020(2) (and identified in Section 27.060.020 of this ordinance) within twenty-four months prior to the date of application; and the property has not been altered in any way which adversely affects those elements which qualify it as historically significant as determined by applying the Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties (WAC 254-20- 100(1). 27 .090.040 REHABILITATION AND MAINTENANCE CRITERIA: The Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties in WAC 254-20-100 shall be used by the Commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified. 27.090.050 EVALUATION COSTS: Costs, mutually agreed upon by the applicant and Commission, including but not limited to the costs of professional services, incurred by the Commission in evaluating applications for Special Valuation shall be the responsibility of the applicant(s). CHAPTER 27.100 AGREEMENT Sections: 27.100 .010 AGREEMENT ......................................................................... 14 27.100 .010 AGREEMENT. The historic preservation special valuation agreement in WAC 254-20-120 shall be used by the Commission as the minimum agreement necessary to comply with the requirements of RCW 84.26.050(2). CHAPTER 27.110 APPEALS Sections: PMCTitle 27 8/7/2006 (REVISED 4/10/2014) 18 27.110.010 APPEALS .................................................................................. 15 27.110.010 APPEALS. Any decision of the Commission acting on any application for classification as historic property, eligible for special valuation, may be appealed to Superior Court under Chapter 34 .05.510 -34.05.598 RCW in addition to any other remedy of law. Any decision on the disqualification of historic property eligible for special valuation, or any other dispute, may be appealed to the Franklin County Board of Equalization. PMCTitle 27 8/7/2006 (REVISED 4/10/2014) 19 MEMORANDUM DATE: March 27,2014 TO: Planning Commission FROM: Rick White, Director Community & Economic Development SUBJECT: Zoning of Department of Natural Resources Section 16 The Department of Natural Resources (DNR) owns approximately 300 acres south of Interstate 182 and west of Road 68. The City is currently conduc ting a survey through this property so that the alignment of Chapel Hill Boulevard, between Road 68 and Road 84, can be determined. In conjunction with this alignment survey, the City is also surveying the property to determine the alignment of Road 76 from Argent Road north to an eventual connection across Interstate 182. Per state legislative directive, DNR is mandated to dispose of the majority of Section 16 by July of 2015. For the most part this means that the property located south of the Chapel Hill Boulevard extension will be surveyed and placed for sale . The property west of the Road 76 extension may a lso be put for sale. Staff will be bringing forward an application to establish zoning districts from the current designation of RT (Residential Transition) for this property at the May 15th Planning Commission Meeting. This informatio n is provided to the Planning Commission as a "heads up" due to the fairly complex app lication process that is expected. This item is a zone change so it is a quasi-judicial matter. The Commission should refrain from engaging in conversations or speculate on zoning scenarios outside the public he aring about possib le zoning for this prope rty. Thank you.