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HomeMy WebLinkAbout01-21-2016 Planning Commission Meeting PacketPLANNING COMMISSION - AGENDA REGULAR MEETING 7:00 P.M. January 21, 2016 I. CALL TO ORDER: II. ROLL CALL: Declaration of Quorum III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES: December 17, 2015 V. OLD BUSINESS: A. Rezone Rezone from C-1 (Retail Business) to R-1 (Low Density Residential) (Bardown Consulting LLC) (MF# Z 2015-0041 B. Preliminary Plat Preliminary Plat for Coles Estates, Lot 6 (Bardown Consulting LLC) (MF# PP 2015-005 C. Rezone Rezone from "O' (Office) to R-3 (Medium Density Residentiall (Ruben Escalera) (MF# Z 2015-005) D. Special Permit Modification of a Special Permit issued under adaptive reuse of Historic Places Provisions (Brad & Debra Peck) (MF# SP 2015- 0151 E. Special Permit Special Permit for the location of a vineyard frost protection wind machine in an RS -12 (Residential Suburban) Zone (Jerry Czebotar) (MF# SP 2015-0161 - WITHDRAWN F. Special Permit Special Permit for the location of sports field lighting in an R-1 (Low Density Residential) Zone (City of Pasco) (MF# SP 2015- 017) G. Special Permit Special Permit to locate a farm and related buildings (WSU Extension Office) (MF# SP 2015-018) VI. PUBLIC HEARINGS: A. Preliminary Plat Preliminary Plat for Columbia Villas, Phase 3 (Big Creek Land Co.l (MF# PP 2015-006) B. Rezone Rezone from R-4 (High Density Residential) to C-1 (Retail Business) (FBA Land Holdings) (MF# Z 2015-008) C. Zoning Determination Zoning Determination for Unincorporated Property (MF# ZD 2016-001) D. Rezone Rezone from R-1 (Low Density Residential) to R-3 (Medium Density Residential) (Scott Lvbbert) (MF# Z 2015-006) E. Rezone Rezone from C-1 (Retail Business) to R-1 (Low Density Residential) (MF# Z 2016-001) F. Rezone Rezone from C-1 (Retail Business) to C-3 (General Businessl (GESA) (MF# Z 2015-0071 VII. WORKSHOP: VIII. OTHER BUSINESS: IX. ADJOURNMENT: This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and streamed at www.pasco-waxom/psctvhve. Audio equipment available for the hearing impaired; contact staff for assistance. REGULAR MEETING PLANNING CALL TO ORDER: MEETING The meeting was called to order at 7:00pm by Chairman Cruz. POSITION MEMBERS PRESENT MEMBERS ABSENT No. 1 Tanya Bowers No.2 VACANT No. 3 Paul Mendez No. 4 Alecia Greenaway No. 5 Joe Cruz No. 6 Loren Polk No. 7 Zahra Khan No.8 VACANT No. 9 Gabriel Portugal APPEARANCE OF FAIRNESS: December 17, 2015 Chairman Cruz read a statement about the appearance of fairness for hearings on land use matters. Chairman Cruz asked if any Commission member had anything to declare. Commissioner Mendez stated that he would need to abstain from MF# PP 2015-003, Preliminary Plat for Ellie Estates. Commissioner Greenaway addressed the Commission that she is neighbors with Mr. Peck, the applicant for MF# SP 2015-015, but the Board felt that she didn't need to abstain. Chairman Cruz then asked the audience if there were any objections based on a conflict of interest or appearance of fairness question regarding the items to be discussed this evening. There were no objections. THE OATH: Chairman Cruz explained that state law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Chairman Cruz swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Portugal moved, seconded by Commissioner Greenway that the minutes dated November 17, 2015 be approved. The motion passed unanimously. OLD BUSINESS: A. Preliminary Plat Preliminary Plat for Ellie Estates ILlya Parkhotyukl (MF# PP 2015-0031 - Continued Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, discussed the preliminary plat application for Ellie Estates. He -1- discussed changes to the staff report, focusing on the connection of Maple Drive to the proposed cul-de-sac. Currently the proposal includes the dedicate right-of-way that contains an existing shop. There is a condition in the staff report that the approval of the final plat shall contain a statement that a license be granted authorizing the detached accessory building contained in Lot 1 to remain in the current location. At the time the owner wishes to remove the shop, then the right-of-way could be improved and a portion of the cul-de-sac could be vacated. The final plat will contain language to connect the water line in Maple Drive to the water line in the cul-de-sac. Chairman Cruz asked for clarification that Lot one only has access where the shop is currently located. Mr. O'Neill responded that is correct. Chairman Cruz also clarified that the owners of the existing shop is not required to remove the shop until they wish to do so, but if or when it is removed, the road could connect. Mr. O Neill confirmed that the shop would not have to be removed but if or when it does the Maple Drive could connect. Commissioner Portugal moved, seconded by Commissioner Polk, to adopt findings of fact and conclusions therefrom as contained in the December 17, 2015 staff report. The motion passed unanimously. Commissioner Portugal moved, seconded by Commissioner Polk, based on the findings of fact and conclusions, as adopted, the Planning Commission recommend the City Council approve the preliminary plat for Ellie Estates with conditions as listed in the December 17, 2015 staff report. The motion passed unanimously. B. Special Permit Special Permit for the modification of parkin¢ facilities at Mark '!wain Elementary School (Pasco School Districtl (MF# SP 2015-012) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the special permit application for the modification of parking facilities at Mark Twain Elementary School. There were no changes to the staff report since the previous meeting. Commissioner Greenaway moved, seconded by Commissioner Polk, to adopt findings of fact and conclusions therefrom as contained in the December 17, 2015 staff report. The motion passed unanimously. Commissioner Greenaway moved, seconded by Commissioner Polk, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to the Pasco School District for the redevelopment of the parking lot and bus facilities at Mark Twain Elementary School with the conditions as contained in the December 17, 2015 staff report. The motion passed unanimously. -2- C. Special Permit Special Permit to locate wireless cellular facilities at an existina church in an RS -12 (Suburban) Zone (AT&T) (MF# SP 2015-0131 Chairman Cruz read the master file number and asked for comments from staff. Shane O Neill, Planner I, discussed the special permit application to locate wireless cellular facilities at an existing church in an RS -12 (Suburban) Zone. During the public hearing last month there was testimony related to the potential health effects of cellular facilities. There has been language added to the staff report to address those issues. Because AT&T is licensed by the FCC to operate cellular communications on certain radio frequencies determined by the FCC, it will be safe for use within a civilian population so health concerns cannot be the basis of a recommendation for denial. Commissioner Greenaway moved, seconded by Commissioner Mendez, to adopt findings of fact and conclusions therefrom as contained in the December 17, 2015 staff report. The motion passed unanimously. Commissioner Greenaway moved, seconded by Commissioner Polk, 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 December 17, 2015 staff report. The motion passed unanimously. Chairman Cruz reminded the audience in regards to health concerns, that it is an FCC federal statute and the Planning Commission does not have any control to deny an application based on health concerns since it is federally in compliance. PUBLIC HEARINGS: A. Rezone Rezone from C-1 (Retail Business) to R-1 (Low Density Residential) (Bardown Consulting LLC) (MF# Z 2015-0041 Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the rezone application from C-1 (Retail Business) to R-1 (Low Density Residential). This lot is part of the Coles Estates Subdivision that was platted in 1967 but has remained vacant since that time. The applicant would like to move forward and develop a small single-family residential development. Last year the Planning Commission entertained a rezone and preliminary plat application directly to the northwest of this site for a 37-38 lot single-family residential development and site to the north was rezoned to R-3 with a concomitant agreement to permit development of single- family homes for a senior housing project. The subdivision to the east is zoned R-1 and is fully developed. This project will also entail a preliminary plat. The proposal is to run a cul-de-sac down the middle of a 4.7 acre parcel and place lots on either side to make 20 lots. With no further questions or comments the public hearing closed. -3- Commissioner Polk stated that normally she doesn't like rezoning commercial zoning to residential but in this case it adheres to the character of the surrounding zoning. Chairman Cruz agreed that the proposed rezone matches the character of the nearby zoning. Commissioner Polk moved, seconded by Commissioner Portugal, to close the hearing on the proposed rezone and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the January 21, 2016 meeting. The motion passed unanimously. B. Preliminary Plat Preliminary Plat for Coles Estates, Lot 6 (Bardown Consulting LLCI IMF# PP 2015-0051 Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the preliminary plat application for Coles Estates, Lot 6. The applicant is requested the property to be rezoned to R-1 and proposes to run a cul-de-sac down the middle of the lot and build single-family homes. The subdivision is similar to surrounding developments. The lots meet the minimum square footage requirements for R-1 zoning, actually exceeding the average lot size. The staff report addresses the requirements to consider plat layout, utilities, schools, parks, travel ways and sidewalks. There are additional findings of fact in the staff report relating to nuisances and dust control as well as other items from the Pasco Municipal Code. These findings of fact used to be listed under conditions in previous preliminary plat applications, however, since they are addressed in the municipal code, they can be listed under findings of fact instead of being itemized as conditions. Commissioner Portugal asked for clarification on water rights and irrigation. Mr. McDonald responded that the lots would receive city irrigation. The developer doesn't currently have water rights so they will pay fees to the city and the city will then purchase additional water rights. Typically if the developer has the water rights they would dedicate them to the city. With no further questions or comments the public hearing closed. Commissioner Greenaway moved, seconded by Commissioner Polk, to close the hearing on the proposed preliminary plat and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the January 21, 2016 meeting. The motion passed with 4 votes with Commissioner Mendez recused. C. Rezone Rezone from "O" jOfficel to R-3 ( edium Density Residential) (Ruben Escaleral IMF# Z 2015-0051 Chairman Cruz read the master file number and asked for comments from staff. Shane O Neill, Planner I, discussed the rezone application from "O" (Office) to R-3 (Medium Density Residential). The parcel currently contains two duplexes although the site is zoned Office and has been zoned Office for the past 16 years. The Comprehensive Plan designates this site as an area of transition between Commercial and Residential land use designations. The request is to rezone the duplexes to R-3 (Medium Density Residential) which would bring the structures into full compliance with the zoning code. The duplexes were established onsite roughly 36 years ago, but 20 years later the sites were zoned Office. Office zones are commonly used to create a buffer between more and less intense land uses, however, a buffer can still be achieved with high density residential. The area would continue to function as a buffer between the traffic on 20th Avenue and the low density residential neighborhood to the west. The applicant is seeking the rezone to eliminate the non -conforming status of his property. Banks often will not lend on non- conforming properties. Staff noted that 20th Avenue is an area of the community that could be considered a gateway and land uses visible from gateway areas have an enhanced effect on the perception of the economic state of the community. It may be in the best interest of the City to avoid any blighted conditions that would be the result of deferred maintenance due to lack of maintenance stemming from the current non- conforming status of the property. Commissioner Polk asked if this building has always functioned as a duplex. Mr. O Neill responded that they were originally developed as two duplexes, one on each parcel 36 years ago. Commissioner Polk asked why it was rezoned as Office. Dave McDonald, City Planner, responded that back in 1999 when the City updated the Comprehensive Plan as required by the Growth Management Act (GMA), the GMA required consistency between zoning. It was at that time the property was rezoned to Office to provide consistency with the Plan, without realizing the impact it would have on the duplexes. Commissioner Portugal addressed parking concerns on 20th Avenue and the impact of traffic. Mr. ONeill responded that currently there are two very wide driveways and the four residential units have existed for the past 36 years and there haven't been any issues the City is aware of. The proposal won't exasperate any existing conditions, it will remain as it has existed. Commissioner Polk clarified the existing use as a duplex. Chairman Cruz reminded the Planning Commission that it is all relative and duplexes or small offices won't generate much of a difference in vehicle trips per day. Ruben Escalera, 3612 W. Agate Street, spoke on behalf of his property. He explained that he needs the rezone in order to refinance or sell this property. This zoning has been a burden on him since they have been taxed more and charged more in utilities for it being zoned Office. Whether the rezone goes through or not, the duplexes will still remain. The rezone will simply help him with the financial burden it has become. -5- With no further questions or comments the public hearing closed. Commissioner Greenway moved, seconded by Commissioner Mendez, to close the hearing on the proposed rezone and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the January 21, 2016 meeting. The motion passed unanimously. D. Special Permit Modification of a Special Permit issued under adaptive reuse of Historic Places Provisions (Brad & Debra Peck) (MF# SP 2015-015) 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 modification of a special permit issued under the adaptive reuse of Historic Places Provisions. The request is to add more accessory structures to the Moore Mansion's site. The Moore Mansion site includes three separate parcels, approximately 6.25 acres in size. It is designated in the Comprehensive Plan for R-1 (Low Density Residential) uses. In 2005, the current owners were issued a special permit related to the use of the property, allowing them to hold events at this facility. Since that time, the special permit has been modified once to allow a large carport 2,400 sq. feet in size. The request involves the addition of four portable storage sheds, each no more than 200 sq. feet. The request also includes the removal of the carriage house structure and relocation to another location on site. Where the carriage house currently exists the applicant would like to build a new cartage house. The design features of the new structure will match the existing mansion in a neoclassical design. Staff prepared a table in the staff report comparing what the R-1 zoning allows and what the applicant is requesting. The application is requesting 7,400 sq feet more accessory structures than the R-1 zone permits, however, the site could be subdivided into a number of 7,200 square foot lots causing lot coverage to be even greater than the proposed application. Mr. O Neill briefly discussed the conditions contained in the staff report. Commissioner Portugal asked for clarification about access to the property to the west side of the Moore Mansion. Mr. O'Neill responded that access is one of the constraints on the property and one of the reasons the site hasn't been developed already. Dave McDonald, City Planner, explained that the owners of the property to the west purchased the home directly south of Road 34 with the idea that the house could be removed and Road 34 could be extended south. At one time there was also an easement on two large lots off of Road 36 on Hopkins providing to the property. The property is zoned R-1 and doesn't have to go through a public hearing to be rezoned since it's already been rezoned. A public hearing is required to create a plat for the 30 lots. Brad Peck, 200 N. Road 34, spoke on behalf of his application. Chairman Cruz asked Mr. Peck to explain the plans for the property. Mr. Peck said that it is complex. This property has fallen in and out of care. He and his -6- wife purchased the property in 2004 to keep it from being torn down. They needed a way to support the property instead of enriching the owners, which is why they created the event center. Event center funds are used to restore the property, not for income. They are at a point now looking into the future and economically it would make since to subdivide the property into lots and developed it with single-family homes. The alternative is to keep the property as is, protect the history and building, but add 6,000-7,000 sq feet of accessory structures that could support the business and property. He stated that this application is requesting more than might be developed but felt it best to ask for it now rather than coming back again later. The large accessory structure would serve three purposes; 1) ADA compliant restrooms, 2) Small room for changing and 3) Storage. Hosting events for hundreds of people requires several tables, chairs and linens that need to be stored. They've been storing those items in a trailer but it has been difficult and time consuming. On the second floor of the structure there would be plans for storage and living quarters to take care of the business. Mr. Peck addressed the comparisons in the staff report for what R-1 allows and what the application is requesting. He felt it was a bit of a misnomer since this could easily be zoned RS -12 or RS -20 that would allow significant garage space and since there are three parcels they could triple what those would allow. He explained the foundation on the carriage house was failing and cannot be saved. The building is currently braced but they want to preserve the history of the upper apartment that was built for navy fighter pilots so the plans are to build a new foundation at a different location on the property and move the old carriage house to preserve the history. He stated that they have run a responsible business over the years with only 2 complaints for noise and in both cases the noise wasn't actually coming from the Moore Mansion property but from a band playing in Columbia Park. Commissioner Portugal asked if Mr. Peck was a part of any partnerships with any historical preservation groups. Mr. Peck responded that the house is listed on the National Register of Historical Places, which was added in 1979. The directory credits the location as the birthplace of the Washington State apple industry and is also a unique history of neoclassical architecture. It is also recognized by the State of Washington as a historic property. But although it is on the registry, a private owner can still dismantle the property, however, it has been his choice to restore the property. Commissioner Mendez asked why it wouldn't be better to rezone the property so that the proposed accessory structures don't exceed what is allowed in the R-1 zoning. Mr. Peck stated that he consulted with the City Manager and Planning Staff and it was decided that it would make more sense to amend the existing special use permit. There is not a zone in the Pasco Municipal Code that fits this property. Regardless of the zoning, they would still have to get a special use permit. It is the only privately owned national registered property in the Tri -Cities. Chairman Cruz added that regardless of the zoning, there will have to be exceptions. The main thing is to maintain the historic nature of the property so it does not create an undue impact to the surrounding properties. Paul Miles, 3320 W. Hopkins Street, spoke on behalf of this application and for his wife and business partner. He stated that he is the neighboring property owner. He applauded Mr. Peck for ensuring the Moore Mansion is preserved and they don't have any -7- problems with the use of that property. He did want to state for the record that his parcels are: 119-430-045, 119-430-250, 119-430-214, 119-302-032 and 119-430-269. Their main concern is that just west of Mr. Peck's property is a co -easement at 119-430- 278. Based on the ambiguity in the special permit, that easement would disappear and they would have a problem with that. They want to make sure the easement is preserved. Also, the existing building that is just west of the Moore Mansion, the carriage house, does not respect the setbacks. It was done prior to Mr. Peck but it is within a few inches of their property so they want to make sure that the setbacks are respected once a building permit is obtained to move that structure. Chairman Cruz asked for clarification on the location of the easement and existing structure inches from the property line. Mr. Miles referenced a map and explained where the property lines exist. Mr. McDonald clarified that the existing building, the carriage house with the garage underneath, will be moved. So when Mr. Peck applies for a building permit to relocate the structure he will be required to meet the minimum setbacks. The current issue will actually be resolved during the permitting process. Chairman Cruz addressed Mr. Miles' concerns that this is the time for him to speak into the record but all of his concerns will be handled by staff during the permitting process. Mr. Miles responded that as long as the setbacks are preserved and the easements are preserved then he wishes Mr. Peck the best of luck. Mr. McDonald addressed the easement concerns. The special permit application will not affect the underlying easement and the easement will be maintained. Nothing in the special permit process will do away with the easement. Commissioner Greenway asked Mr. Miles to clarify the property lines and who maintains the piece of land the cuts into Mr. Peck's property. Mr. Miles responded that at one point he fenced it but Mr. Peck asked for the fence to be taken down and he would maintain it and that was fine with both of them. Mr. Peck responded that the little piece of property belongs with their parcels, they fenced it, when the fence came down Mr. Peck has maintained it just as good neighbors. There aren't any concerns or issues there between them. The carriage house is currently too close to the setback but it is being relocated and when relocated they will have to adhere to the property setbacks. As for the easement, this process does not affect the existing easement. As for the little piece of property that juts into his, it is there because the previous owners were going to work together to develop a preliminary short plat and divide the area into small houses but was never approved or finished. That little piece was going to be a connecting driveway but is now left there. With no further questions or comments the public hearing closed. Commissioner Portugal moved, seconded by Commissioner Polk, to close the public In hearing and schedule deliberations, the adoption of findings of fact and development of a recommendation for City Council for the January 21, 2016 meeting. The motion passed unanimously. Mr. Peck asked a question about the process moving forward and the timeline. Chairman Cruz and Mr. McDonald stated to speak to staff during business hours. E. Special Permit Special Permit for the location of a vineyard frost protection wind machine in an RS -12 (Residential Suburban) Zone (Jerry Czebotar) IMF# SP 2015-0161 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 vineyard frost protection wind machine in an RS -12 zone. The site is 25.5 acres located just north of Wernett between Road 36 and Road 40. The use is an existing vineyard that grows concord grapes. The property is owned by the Port of Pasco and is part of their airport reserve to be uses that will not conform on conflict with the airport regulations for landings and takeoffs. The applicant wishes to increase the non -conforming use by adding a wind machine for a cold pocket. It seems like a minor expansion of the farm use, however, the only real issue with the machine is the noise. There are some mitigating factors for this particular application, one being the presence of the freeway which depending on the time of day can project anywhere from 80-90 decibels of background noise. Passed out to the Commissioners were tentative approval conditions should the Commission recommend approval to City Council. Those conditions point to a trial period, although the wind machine itself is expected to be less loud than the freeway noise it is a different type of noise and within a two-year period which the tentative approval condition suggests, staff should be able to get some idea of the noise it makes and the reaction from the neighborhood. In September of 2017 the Commission would then get to decide to extend, terminate or again condition the special permit. Commissioner Portugal asked where on the property the wind machine would be located. Mr. White responded by pointed to a map on the projector where there is a cold pocket. Commissioner Portugal asked how far the machine would be to the nearest home. Mr. White answered a little less than 400 feet. Commissioner Polk asked what the peak time would be for the wind machine and a decibel reading. Mr. White responded that the wind machine would normally run early in the morning when the temperature hovers at the point where it would damage the fruit, earlier than the traffic. The decibel level would be roughly in the low 70's measured 300' from the machine itself. In Jerry Czebotar, 2421 Road 44, spoke on behalf of his application. He stated that he and his wife are the owners of the vineyard and he is a 3rd generation grower. Due to an early bud break this past year, they had one frosty morning that cost $25,000 worth of grapes just in that cold spot. Years ago he applied to put in a wind machine back when it was in the County but due to cost he didn't move forward. This machine would solve the problem and keep the crop consistent from year to year. The use of this machine would only be a few hours every year, typically around April and there are some years where the machine wouldn't need to run at all. It all depends on the Spring. He would be purchasing a machine that has the newest engine available that has a complete muffler system on it, special for areas such as his site to keep the noise at a minimum. However, that blade can sound like a helicopter and rotates on a 3 '/2 minute basis to push the air and mix it to bring the warm air back down to the ground level. The people living near this site will likely hear this machine but they also hear work on his property during harvesting, fertilizing so they are familiar with his operation. He knows that the people living around the area like his vineyard, many like to walk around the vineyard. This would be a way to protect his crop. Commissioner Portugal asked if Mr. Czebotar has a plan if complaints are received by neighbors. Mr. Czebotar responded that he doesn't know what he could do from a legal standpoint but he should have the freedom to farm as he's been there for 25 years. He makes noise already with other pieces of machinery, in fact more noise over longer periods of time with those. The wind machine would only be for 2 hours some mornings a few days a year. But it only takes 10-20 minutes of 28 degrees to devastate the crop. Commissioner Portugal responded that with the machine operating so early in the morning that might be when the neighbors are unhappy and are woken up due to the noise. Mr. Czebotar added that in talking to Orchard -Rite they have wind machines in other cities within city limits and it has never been an issue. He will be the first person that Orchard -Rite has sold to that needs a special use permit for one of their machines. Brad Peck, 200 N. Road 34, spoke in support of the wind machine. Franklin County is an agricultural and right to farm community and that Mr. Czebotar is a responsible farmer. With no further questions or comments the public hearing closed. Commissioner Mendez asked about the vacant land to the west of the proposed wind machine and if there is any future use for that land. Chairman Cruz reopened the public hearing for Mr. Czebotar to respond. Mr. Czabotar answered that the land is owned by the Lane Family Trust, whom he is good friends with. If there were an issue with them they would be at the meeting. They have been neighbors for 25 years. The public hearing was closed again. -10- Commissioner Greenaway asked about the airport reserve and the height of the machine. Mr. White clarified the height of the wind machine is below airport reserve. Commissioner Portugal asked if they could get more information on the noise of the machine and peak times. Mr. White asked if the Commissioners wanted to continue the hearing. Chairman Cruz answered that he didn't support continuing the hearing. The machine will make noise but Mr. Czebotar is purchasing the quietest machine he can and with the highway there is an ample buffer. There aren't a lot of residents nearby, mostly agriculture and there is a need to respect the Port of Pasco's desire to maintain the airport exclusion zone so if he can't farm it that becomes a problem. Commissioner Polk stated that with it being close to the highway the neighbors already have to deal with some noise but with the tentative approval conditions and a two-year trial period means that neighbors will have an opportunity to voice their concerns should any arise. Chairman Cruz added that with it being by the highway and there is noise, it would not change the character of the neighborhood. Commissioner Polk moved, seconded by Commissioner Greenway, to close the public hearing and schedule deliberations, the adoption of findings of fact and development of a recommendation for City Council for the January 21, 2016 meeting. The motion passed 4 to 1 with Commissioner Portugal dissenting. F. Special Permit Special Permit for the location of sports field lighting in an R-1 Mow Density Residential) Zone (City of Pasco) (MF# SP 2015-017) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit for the location of sports field lighting in an R-1 zone. The location is at Highland Park just to the east of Wehe Street and north of Adelia Street. The park already exists and the Grid Kids Football program has been using the field for many years. They have obtained a grant to have some lighting installed around the field. The staff report contains a lot of information that normally isn't included in a special permit request, such as, sketches for foot candle measurements onto a land use map. Mr. White put the map on the overhead for the Commissioners. Directly to the south is the plat that Habitat for Humanity is currently working on, Whitehouse Addition. In the packet for this item the light spillage chart that is superposed onto the vicinity map shows foot candle measurements of approximately 2 right at the boundary of the field and the Habitat for Humanity plat. In the staff report there is also a description to what a foot candle is. It won't be a whole lot of light and will generally be during the Fall and Spring. The City of Pasco's Park & see Recreation Specialist is present to answer any questions the Commission may have on this proposal. Chairman Cruz reminded the Commission that one thing to look for is excess light spillage and gave examples of previous applications the Commission has reviewed. Brent Kubalek, 5902 Tyre Drive, spoke on behalf of the Parks & Recreation Department. He stated that the City of Pasco was able to apply for this youth athletic facilities grant. The project is a $267,000 project and they grant is providing half of that cost. Chairman Cruz asked if there was a significant demand for the lighting. Mr. Kubalek responded that the program has been so successful that they have to play later into the evenings and later into the Fall when it gets dark earlier due to how many players have started signing up. Commissioner Portugal asked about the traffic the program generates as it started as 200 students and is now up to 1,000. Mr. Kubalek stated that it hasn't really created more traffic since there are still around the same number of people at one time just longer times. With no further questions or comments the public hearing closed. Commissioner Mendez moved, seconded by Commissioner Portugal, to close the public hearing and schedule deliberations, the adoption of findings of fact and development of a recommendation for City Council for the January 21, 2016 meeting. The motion passed unanimously. G. Special Permit Special Permit to locate a farm and related buildings IWSU Extension Officel IMF# SP 2015-0181 Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the special permit application to locate a farm and related buildings on Road 111. The City of Pasco purchased this site years ago and on the bottom portion of the lot the built a water treatment plant. The site has been a farming location since WWII and has been used for various crop. The City recently leased this site to the Washington State University - Extension Service to start an experimental farm. They had a location on Road 80 and Wernett Road however that property was recently purchased so they needed to relocate. The main issue, and the reason staff required a special use permit is because WSU wishes to add some structures to the site on the north side of the plant to house their equipment. They want to locate a storage shed for tools and equipment storage. Commissioner Portugal asked a Mr. McDonald to clarify on the mention of a windmill. Mr. McDonald responded that he meant to say wind machine, in reference to a previous special permit application that the Commission heard that evening. This applicant will -12- use small equipment and tractors for a row crop operation. Brad Peck, 200 Road 34, spoke in support of this application. With no further questions or comments the public hearing closed. Commissioner Portugal moved, seconded by Commissioner Greenaway, to close the public hearing and schedule deliberations, the adoption of findings of fact and development of a recommendation for City Council for the January 21, 2016 meeting. The motion passed unanimously. Rick White, Community & Economic Director, thanked Shane O Neill, Planner I, for his service with the City of Pasco as he has accepted a position for the City of Richland. With no further discussion or business, the Planning Commission was adjourned at 8:51 P.M. Respectfully submitted, David McDonald, City Planner -13- REPORT TO PLANNING MASTER FILE NO: Z 2015-004 APPLICANT: Bardown Consulting HEARING DATE: 12/17/2015 P.O. Box 3252 ACTION DATE: 1/21/2016 Pasco, WA 99302 BACKGROUND REQUEST: REZONE: Rezone from C-1 (Retail Business) to R-1 (Low -Density Residential) Legal: Lot 6 Coles Estates General Location: 5800 Block of Road 90 Property Size: Approximately 5 acres 2. ACCESS: The property has access from Road 90 3. UTILITIES: All municipal utilities serve the site. 4. LAND USE AND ZONING: The site is currently zoned C-1 (Retail Business) and is vacant. Surrounding properties are zoned and developed as follows: NORTH: R-3 - Vacant (Proposed Senior Housing Project) SOUTH: C-1 - Vacant 8v Veterinarian Clinic EAST: R-1 - Single -Family Dwellings WEST: C-1 -Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan land use map designates much of the site for mixed -residential development. R-1 zoning is one of the zones permitted in this land use classification. Plan Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community while Plan Policy H-1-13 supports the protection and enhancement of the established character of viable residential neighborhoods. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non -Significance (DNS) has been issued for this project under WAC 197-11-158. 1 ANALYSIS The site is part of the Coles Estates that was platted for residential development in 1967. In 1982 Coles Estates was annexed to the City and a portion of the subdivision was zoned C-1 (Retail Business). The site has remained vacant and undeveloped since it was platted in the sixties. In 2009 an LID ( Local Improvement Distrcit) was formed to extend Road 90 north from Sandifur Parkway past the site. Some utility services were also included with the street improvements. The applicant, Bardown Consulting is seeking to change the zoning classification of property from C-1 (Retail Business) to R-1 (Low -Density Residential) to allow development of 20 single-family residential lots. The City's Comprehensive Plan designates this site for Mixed Residential land uses which permits a variety of residential zoning ranging from RS -20 (Suburban) through R-3. R-1 zoning would permit the applicant to develop residential lots with a minimum square footage of 7,200 square feet. In this case the applicant is proposing to develop residential lots with an average minimum lot size of 8,468 square. The frontage requirements for residential lots will not enable the applicant to achieve an average lot size of 7,200 square feet as permitted by R-1 zoning. The lots in the neighboring subdivision to the east average about 8,400 square feet in size. The subdivision (Vintage Village) to the east is zoned R-1 in 2003 and contains over 140 lots. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The date the existing zone became effective: The current zoning classification was established 33 years ago when the property was annexed to the City in 1982. 2. The changed conditions, which are alleged to warrant other or additional zoning: The property to the east of the site was developed in the early 2000's and now contains 140 single-family homes on lots with at least 8,400 square feet. The property to the north was rezoned R-3 for a senior housing project in 2013. Prior to 2013 a single-family subdivision (Broadmoor Estates) was developed at the north end of Road 90. In 2009 Road 90 built past the site in question connecting Broadmoor Estates to Sandifer Parkway. Municipal utilities were also installed when Road 90 was improved. 2 In 2014 145 plus acres of land was rezoned from RT to C-1 at the northwest corner of the Road 100 and I-182 Interchange providing additional land inventory for future commercial development needs. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The property has remained vacant and undeveloped since 1982 when it was annexed and zoned C-1. Based on the changing conditions identified in Number 2 above the property could be developed if the rezone was granted. The general welfare of the community would be advanced by enabling the development of a residential neighborhood to provide additional housing opportunities for Pasco residents. Development of the property would eliminate a possible fire hazard created by the accumulation of weeds on the property and would eliminate the potential of blowing dust that impacts the residential neighborhood to the east and north. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: A change in zoning classification will protect and maintain the value and character of the adjoining residential properties to the north and east. The rezone will also increase the number of residential units in the neighborhood creating a larger customer base for local businesses and the possible expansion of businesses creating jobs and an improved tax base. The proposed rezone is consistent with the land use map of the Comprehensive Plan and supports the goal (Goal H-2) of maintaining a variety of housing options for residents while protecting and enhancing the established character of existing residential neighborhoods (Policy H -1-B). 5. The effect on the property owner or owners if the request is not granted: Without a rezone it is highly probable the property will continue to remain vacant for many years due the fact it is not in a highly visible location for commercial development. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is currently zoned C-1 (Retail Business). 3 2. The site was annexed to the City in 1982 and zoned C-1. 3. The site is identified in the Comprehensive Plan for mixed residential development. Mixed -residential development permits a range of residential zoning form RS -20 to R-3. 4. The applicant is requesting a rezone to R-1 (Low -Density Residential). 5. The site is part of the Coles Estate that was platted in 1967. 6. The property to the east of the site was rezoned R-1 (Single -Family) and platted into residential lots in the early 2000's. There are now 140 single- family homes located to the east of the site. 7. In 2013 the parcel to the north of the site was rezoned R-3 with a concomitant agreement to allow the development of a senior housing complex comprised of single-family homes and a community club house all located on 4.70 acres. 8. Broadmoor Estates to the north and northwest of the site has been developed with single-family homes over the past 7 years. 9. Majestia Estates was recently approved for development on the west side of Road 90. Majestia Estates is a 38 lot single-family residential development located about a 160 feet to the northwest of the proposed rezone site. 10. Road 90 was fully developed in 2009 with street and utility improvements. 11. The 145 acres of the Adams property to the west of Road 100 was rezoned C-1 in 2014 increasing the land inventory of commercial zoned property.. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a zoning amendment the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.88.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The Comprehensive Plan land use map designates much of the site for mixed - residential development. R-1 zoning is one of the zones permitted in this land use classification. 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. 2. There is merit and value in the proposal for the community as a whole. There is merit in increasing housing opportunities available in those areas currently served by municipal utilities and near public transportation and will enable efficient use of capital resources. The proposal is supported by land use goals and policies contained in the Comprehensive Plan. Development of the property would eliminate a possible fire hazard created by the accumulation of weeds on the property and 0 would eliminate the potential of blowing dust that impacts the residential neighborhood to the east and north. 3. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. No conditions are needed for this rezone. 4. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. MOTION: I move to adopt findings of fact and conclusions therefrom as contained in the January 21, 2016 staff report. MOTION: I move based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council approve the rezone of Lot 6 Coles Estates Road from C-1 to R-1. E ■ 06 • OZ: . G.•_ 4 x. � 1 r T 'M �pw i ` e,l nnpp �h REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 2015-005 HEARING DATE: 12/17/2015 ACTION DATE: 1/21/2016 REQUEST: Preliminary Plat: Columbia Dunes 1. PROPERTY DESCRIPTION: APPLICANT: Bardown Consulting P.O. Box 3252 Pasco, WA 99302 Legal: Lot 6 Coles Estates General Location: 5800 Block of Road 90 Property 4.72 Acres Number of Lot/ s Proposed: 20 single-family residential lots Square Footage Range of Lots: 7,295 ft2 to 11,594 ft2 Average Lot Square Footage: 8,468ft2 2. ACCESS: The property has access from Road 90 3. UTILITIES: All municipal utilities serve the site. 4. LAND USE AND ZONING: The site is zoned C-1 (Retail Business) and is in the process of being rezoned to R-1 to accommodate the proposed Columbia Dunes Plat. Surrounding properties are zoned and developed as follows: NORTH: R-3 - Vacant (Proposed Senior Housing Project) SOUTH: C-1 - Vacant & Veterinarian Clinic EAST: R-1 - Single -Family Dwellings WEST: C-1- Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for residential development. 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. 1 ANALYSIS The site is part of the Coles Estates that was platted for residential development in 1967. In 1982 Coles Estates was annexed to the City and a portion of the subdivision was zoned C-1 (Retail Business). The site has remained vacant and undeveloped since it was platted in the sixties. In 2009 an LID (Local Improvement District) was formed to extend Road 90 north from Sandifur Parkway past the site. Some utility services were also included with the street improvements. The applicant, Bardown Consulting has applied for a rezone and preliminary plat approval to allow the site to be subdivided into 20 single-family lots. The City's Comprehensive Plan designates this site for Mixed Residential land uses which permits a variety of residential zoning ranging from RS -20 (Suburban) through R-3. R-1 zoning would permit the applicant to develop residential lots with a minimum square footage of 7,200 square feet. In this case the applicant is proposing to develop residential lots with an average minimum lot size of 8,468 square. The frontage requirements for residential lots will not enable the applicant to achieve an average lot size of 7,200 square feet as permitted by R-1 zoning. The lots in the neighboring subdivision to the east average about 8,400 square feet in size. The subdivision (Vintage Village) to the east is zoned R-1 in 2003 and contains over 140 lots. LOT LAYOUT: The proposed plat contains 20 residential lots; with the lots varying in size from 7,295 to 11,594 square feet. The average lot size is 8,468 square feet. RIGHTS-OF-WAY: All lots have adequate frontage on streets which will be dedicated. UTILITIES: Municipal sewer and water lines are located in Road 90. The developer will be responsible for extending utilities into the plat. A utility easement will be needed along the first 10 feet 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 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 500 feet between hydrants on alternating sides 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 alternating sides of the street. 2 STREET NAMES: The one street will be named prior to final platting. IRRIGATION: The municipal code requires installation of irrigation lines as a part of infrastructure improvements. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160. If no water rights are available to transfer to the City the property owner/developer must pay a water right fee in lieu thereof. The Public Works Director may waive the fee if the developer mixes a soil additive in the ground that provides 30% retention of irrigation water. In this case there are no water rights to deed to the City as a result the current fee will be required before a final plat is approved. INITIAL 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 8,468 square feet the proposed development will address the overcrowding concern by providing manageable lots and usable open spaces. R-1 zoning requires a 20 -foot front yard setback, five-foot side yard setbacks and a rear yard equal to or greater than the height of the house. Parks Opens Space/Schools: The proposed plat is located within a third of a mile from Vintage Park. Vintage Park is located directly south of Maya Angelou Elementary School. The developer will be required to pay the current park fee prior to receiving building permits. 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 ensure there are adequate provisions for schools. A school impact fee in the amount of $4,700 will be charged for each new home at the time of building permit issuance. Effective Land Use/Orderly Development: The plat is laid out for low-density residential development consistent with surrounding residential developments. 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 sidewalks will be constructed to current City standards and to the standards of the American's with Disabilities Act (ADA). The ADA ramps at the corners of the intersection with road 90 will be installed with the construction of the road improvements. NJ Adequate Provision of Municipal Services: All lots within the plat will be provided with water, sewer and other utilities. Provision of Housing for State Residents: The proposed preliminary plat contains 20 building lots, providing opportunities for the construction of 20 new homes for Pasco residents. Adequate Air and Light: The maximum lot coverage limitation of 40 percent and building setbacks will assure adequate movement of air and light is available to each lot. Proper Access & Travel: The access streets 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 indicates the site is designated for 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 mixed -residential development which includes single-family homes. • The site is currently being rezoned from C-1 to R-1. • The Housing Element of the Comprehensive Plan encourages the development of a variety of residential densities and housing types. • Per the ITE Trip Generation Manual 8th Addition the proposed subdivision, when fully developed, will generate approximately 200 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 I-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 April 16, 2012. • Past correspondence from the Pasco School District indicates impact fees address the requirement to ensure adequate provisions are made for schools. 12 • There are no water rights associated with this plat therefor a payment in lieu of dedication of water rights will be required to receive final plat approval per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160. • Plat improvements within the City of Pasco are required to comply with the 2015 Standard Drawings and Specification as approved by the City Engineer. These improvements include but are not limited to water, sewer and irrigation lines, streets, street lights and storm water retention. The handicapped accessible pedestrian ramps are completed with the street and curb improvements prior to final plat approval. Sidewalks are installed at the time permits are issued for new houses. Except sidewalks along major streets, which are installed with the street improvements. • All engineering designs for infrastructure and final plat(s) drawings are required to utilize the published City of Pasco Vertical Control Datum. • All storm water generated from a developed plat is required to be disposed of • per City and State codes and requirements. Prior to the City of Pasco accepting construction plans for review the developer is required to enter into a Storm Water Maintenance Agreement with the City. The developer is responsible for obtaining the signatures of all 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 is presented to the City of Pasco at the intake meeting for construction plans. • The City has nuisance regulations (PMC 9.60) that require property owners (including developers) to maintain their properties in a manner that does not injure, annoy or endanger the comfort and repose of other property owners. This includes controlling dust, weeds and litter during times of construction for both subdivisions and buildings including houses. • Prior to acceptance of final plats developers are required to prepare and submit 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 must be signed by the developer prior to construction plan approval. • Sandifur Parkway and other major streets in the I-182 corridor have been developed with landscaped boulevard strips. All residents benefit from the boulevard strips and as a result new subdivisions all participate in a modest cost for upkeep. TENTATIVE CONCLUSIONS BASED ON THE INITIAL 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, E 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. The school impact fee addresses the requirements of RCW 58.17.110. (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 within the City. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; The Comprehensive Plan land use map designates much of the site for mixed - residential development. Single-family homes are identified as one of the permitted residential uses within the mixed residential designation. 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 subdivision is in conformance with the general purposes of the subdivision 0 regulations provided certain mitigation measures (i.e. school impact fees, park development and boundary fence construction) are included in approval conditions. (6) The public use and interest will be served by approval of the proposed subdivision. 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. TENTATIVE PLAT APPROVAL CONDITIONS 1. No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 2. 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). 3. The final plat(s) shall contain a 10 -foot utility easement parallel to all streets unless otherwise required by the Franklin County PUD. 4. The final plat(s) shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this Plat is responsible 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 utility easements prior to PUD construction and/or connection of any electrical service to or within the plat". 5. The developer/builder shall pay the City a "common area maintenance fee" of $375 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. MOTION: MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the January 21, 2016 staff report. 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F i REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 2015-005 APPLICANT: Ruben 8v Maria Escalera HEARING DATE: 12/17/2015 3612 W. Agate Street ACTION DATE: 1/21/2016 Pasco, WA 99301 BACKGROUND REQUEST: REZONE: Rezone from "O" (Office) to R-3 (Medium -Density Residential) 1. PROPERTY DESCRIPTION: Legal: Lots 13 & 14, Block 3 Sprouse Addition together with vacated alley General Location: 1804 & 1808 N 20th Ave. Property Size: The site is approximately 18,900 square feet or 0.43 acres 2. ACCESS: The site has access from 20th Avenue. 3. UTILITIES: Municipal sewer and water lines currently serve the site. 4. LAND USE AND ZONING: The site is comprised of two parcels currently zoned Office ("O") and contain two duplexes. Surrounding properties are zoned and developed as follows: NORTH: "O" - Commercial Office SOUTH: C-1 -Veterinary Clinic EAST: R-1 - Single -Family Residences WEST: R-3 - Multi -Family Residences 5. COMPREHENSIVE PLAN: The property is in an area of transition between residential and commercial land use designations. In transition areas properties can be zoned to match either of the identified land uses. Plan Policy H -1-A encourages the location of medium and high density housing near arterial streets. Policy H-1-13 suggests medium and high density housing should be located to avoid the need for access through lower density neighborhoods. Goal H-3 encourages the preservation of the existing housing stock for current and future residents. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non -Significance (DNS) has been issued for this project under WAC 197- 11-158. ANALYSIS The property owner of 1804 & 1808 N. 20th Avenue, Ruben Escalera, has applied to change the zoning classification of two parcels fronting 201h Avenue north of Court Street from "O" Office to R-3 Medium Density. The "O" Office zoned site(s) contain a total of two duplexes which are considered non- conforming with respect to permitted uses allowed in the Office zone. The current (Office) zoning classification was established in 1999 (16 years ago); 36 years after the site was developed with duplexes. Prior to 1999 the R-3 zoning classification was assigned to the site together with much of the immediate vicinity on the west side of 201h Avenue. The "O" Office zoning district is designed to allow areas in the community for development of professional and administrative offices and certain complementary uses. Office zones are commonly used to create a less intense land use buffer between commercial and residential land uses. Because the subject site(s) front 20th Avenue they are not functioning to buffer between commercial businesses and residences. Application of Office zoning to the subject parcels has created some difficult circumstances for the owner. The fact that duplex use of the property is considered non -conforming is problematic for financing, refinancing and obtaining insurance. When property owners seek to refinance a property or when a prospective buyer seeks a bank loan to purchase property, the Planning Department is routinely contacted by prospective lenders such as banks. Bank agents inquire about the property's zoning and whether or not the current use of the property may be re-established in the event of severe damage. Pursuant to the non -conforming uses section of the Zoning Code (PMC Chapter 25.72) in the event a non -conforming is be damaged to the extent that repair costs exceed 50% of the assessed value of the use may not be re-established. Banks often refuse to issue loans for unsecured investments such as nonconformities. Assigning the multi -family "R-3" zone to this property would remove any doubt about non -conformities by aligning the zoning with the current use of the property. It is a common urban planning practice to assign higher -density residential zones to transitional areas where they serve as buffers between higher and lesser intense land uses. The site is located west of 201h Avenue, which is a busy arterial road, and east of a larger suburban single-family residential neighborhood. The proposed R-3 zone will effectively buffer traffic impacts generated by 20th Avenue, transitioning to the single-family neighborhood to the west. 2 The vicinity generally functions as a gateway into Pasco. Bolstering site development in gateway areas has an enhanced visual effect on the economic state of a community. Supporting site development and property maintenance on land in gateway areas is in the best interest of Pasco's economic development. Concern is often expressed about impacts to lower density property values when nearby properties are being considered for higher density zoning. Past searches of the Franklin County Auditor's records in areas of the community where multi -family development is located adjacent to lower density development have indicated there is no diminution in the value of the surrounding single-family homes. Studies by the Urban Land Institute (Higher - Density Development Myth and Fact, 2005, Urban Land Institute) confirm this fact. Even so neighbors are often concerned about the impact of higher density development upon the character of the surrounding neighborhood. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The date the existing zone became effective: The current (Office) zoning classification was established in 1999 (16 years ago), 36 years after the site was developed with duplexes. Prior to 1999 the R-3 zoning classification was assigned to the site together with much of the immediate vicinity. Remnants of the original R-3 remain applied to parcels to the north and to the west which contain residential apartment buildings. 2. The changed conditions, which are alleged to warrant other or additional zoning: The duplexes were established on-site in 1963 before the current Office zoning was assigned to the site. At the time of development the site was zoned R-1, a single-family residential zone. Office zoning was assigned to the parcels in 1999. Prior to the 1999 rezoning, land to the north, south and west was zoned R-3 (Medium -Density Residential). The R-3 zoning regulations in effect today largely reflect the regulations and purpose of the R-3 zoning in place in 1999. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: Changing the zoning classification of the site to R-3 will support the current and future residential use of the site(s). Application of a residential zoning classification will assist in preventing the property from falling into a state of disrepair resulting from the City's reluctance to issue building permits for substantial remodeling and repair projects. Located on 20th Ave, the property fronts one of Pasco's arterial corridors. It is important to pay special attention to 3 the appearance of high visibility locations such as this one and bringing properties into zoning conformance is one technique that can be applied to help prevent blighted sites. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: The site can be considered in a transition area where two (commercial & residential) different land use designation meet. Policy LU -3-13 encourages higher -density residential development where utilities and transportation facilities enable efficient use of capital resources. Plan Policy H -1-A encourages the location of medium and high density housing near arterial streets. Policy H -1- B suggests medium and high density housing should be located to avoid the need for access through lower density neighborhoods. Goal H-3 encourages the preservation of the existing housing stock for current and future residents. 5. The effect on the property owner or owners if the request is not granted: Under the current zoning classification the property owner will be unable to refinance the site and make improvements. Many times properties with non- conforming zoning suffer deferred maintenance because owners become disinterested in investing in maintenance costs. This can lead to blighted sites which may lead to economic disinvestment in the immediate vicinity. It is in the best interest of the City to protect against the establishment and spread of blight. STAFF FINDINGS OF FACT FOR APPROVAL 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 currently zoned "O" (Office). 2. The 0.43 -acre site is comprised of two parcels each containing one residential duplex. 3. A total of four (4) dwelling units are involved in this rezone application. 4. The duplexes have occupied the property since 1963. S. Prior to 1999 the property was zoned R-3 Medium -Density Residential. 6. The applicant is requesting R-3 (Medium -Density Residential) zoning be assigned to the site to bring the current land use into conformance with the zoning. 4 7. The property to the north of the site is zoned "O" (Office). 8. The site directly fronts N 20th Avenue. 9. The Comprehensive Plan identifies the site to be in a land use transitional zone bordering commercial and residential land use designations. 10. The R-3 zone allows a maximum residential density rate of one dwelling unit for every 3,000 square feet of land area. 11. The R-3 zone allows minimum lot sizes of 5,500 square feet. 12. The site is approximately 18,900 square feet in area. 13. Application of the R-3 zone to the site would bring the four dwelling units into full conformity with zoning regulations. 14. The Comprehensive Plan Major Street Plan map classifies North 20th Avenue as a principal arterial roadway. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a zoning amendment the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.88.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The property is in an area of transition between residential and commercial land use designations. In transition areas properties can be zoned to match either of the identified land uses. Plan Policy H -1-A encourages the location of medium and high density housing near arterial streets. Policy H -1-B suggests medium and high density housing should be located to avoid the need for access through lower density neighborhoods. Goal H-3 encourages the preservation of the existing housing stock for current and future residents. Land Use Policy LU -3-B encourages "infill" development while H -2-A suggests the City permit a full range of residential environments. Housing Policy (H -B -A) encourages standards that control the scale and density of accessory buildings and homes to maintain compatibility with other residential uses. The effect of the proposal on the immediate vicinity will not be materially detrimental. 2. There is merit and value in the proposal for the community as a whole. There is merit in providing an increased range of housing opportunities available in those areas currently served by municipal utilities to enable efficient use of capital resources. The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 5 3. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. There are no identifiable potential impacts in need of mitigation by way of conditioning. 4. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement does not need to accompany this rezone. MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the January 21, 2016 staff report. MOTION for Recommendation: I move, based on the findings of fact and conclusions as adopted, the Planning Commission recommend the City Council approve a rezone for the properties at 1804 & 1808 N 20th Ave. (parcels 119-321-127 and 119-321-118) from "O" to R-3. R 4 ` 9 1V �H,L61 - F e_ I is s J 40 j IK l n-Wfe � YYY 4 i pg cif 2 • l n-Wfe � YYY 4 i pg cif 2 Ll I I -LI 77 4--AW UAB' H161 a �x C � a H M � a o � rrC�l 21AV H.LOZ V samoH dliwe3-a[sms EIMIQO ® ® sjuauillg1131 puapisau 3AV ISIZ r. aAV aull F=1 7I� � � � 5 HAV ax£z L I I I] Z, 9AV H161 .4z N U M � a HAV HIOZ COO ve ® O .pow anV isiz c� 51nV auzz Ell C� a aAV aafz NLl a 1 r� �i 0. AI �127 �i 0. �127 wa r 1, �i 0. MASTER FILE NO HEARING DATE: ACTION DATE: REPORT TO PLANNING SP 2015-015 12/17/2015 1/21/2016 REQUEST FOR SPECIAL PERMIT: 1. PROPERTY DESCRIPTION: APPLICANT: Brad & Debra Peck 200 Road 34 Pasco, WA 99301 Modification of a Special Permit Issued Under Adaptive Reuse of Historic Places Provisions Legal: Parcels #119430241, 119430205 & 119430278: A portion of the southwest quarter of the southwest quarter of Section 25, Township 9 North, Range 29 East, W.M.; General Location: 200 Road 34, Pasco, WA 99301 Property Size: Approximately 283,140 square feet or 6.50 acres 2. ACCESS: The site has access from Hopkins Drive. 3. UTILITIES: The site is served by municipal water and sewer. 4. LAND USE AND ZONING: The property is currently zoned R-1 (Low -Density Residential). Surrounding properties are zoned as follows: NORTH: RS -12 - Single -Family Homes SOUTH: NA - Columbia River EAST: RP - Highway & Mobile Home Park WEST: R-1 & RS -12 - Vacant & Single -Family Homes 5. COMPREHENSIVE PLAN: The site is designated in the Plan for low-density residential uses. Applicable Plan goals or policies include ED- 1-D and LU -6- A. These goals and policies encourage the promotion of tourism and recreational uses associated with the River and the restoration and use of historic structures. Specifically policy LU -6-A encourages the permitting and reuse of historic structures "which may include more intensive activity than the surrounding properties if adverse impacts on the neighboring properties are mitigated" for the purpose of preserving community history and enriching the community. 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. HISTORY In the fall of 2005 the owner of the Moore Mansion was granted a special permit under the adaptive reuse of historic places provisions of the Zoning Code (PMC 25.86.025) authorizing the use of the Mansion property for weddings, wedding receptions, family reunions and other similar special events (MF# SP 05-098). The 2005 special permit was the fifth in a series of special permits that have been granted to owners of the Moore Mansion. Previous special permits authorized the operation of restaurants, wedding receptions, banquets and bed and breakfast activities on the Mansion property. During the early part of 2014 the Planning Commission issued an administrative interpretation of Special Permit SP 05-098 to allow construction of a 2,400 square - foot carport structure because said Special Permit did not specifically authorize any additional structures on-site. This application is the second to modify Special Permit SP 05-098. ANALYSIS This application involves adding several accessory structures together with modifying and relocating one existing accessory structure on a historic site known as the Moore Mansion. A supplemental project description submitted by the applicant explaining the proposal in detail is included herein as Exhibit "A". This application includes permitting a variety of accessory structures cumulatively exceeding the floor area and height limits listed under R-1 zoning provisions regulating the site. Secondly, the request involves making modifications to an existing carriage house structure which is non -conforming in terms of height. Lastly, the applicant requests permission to construct a new 4,000 square foot, 25 -foot tall carriage house beside the Moore Mansion; thereby establishing three dwelling units on the Moore Mansion property. Under the current zoning the property could be subdivided to permit the development of at least 30 single-family dwellings. In reviewing the details outlined below, it may be useful to know that the footprint of the Moore Mansion including all of its first floor appurtenances is 3,630 square feet in size. Carriage House In the southwest corner of the property there is a two-story building, referred to as the carriage house, consisting of a garage on the first floor with a residential apartment above. According to the Franklin County Assessors records this building has a footprint of 665 square feet. Staff estimates the height of this structure to be approximately eighteen (18) feet as measured to the mid -point of the roof, which is the method Pasco uses to regulate structure heights. 2 The owner proposes to demolish the garage and foundation while retaining the second -story dwelling unit for reuse elsewhere on-site. Two alternate locations for said new building are indicated as "A" 8s "B" in the full color site plan included in Exhibit "A" New Sheds The property owner is proposing to locate four additional portable storage sheds on the site. The sheds are designed to be moved to accommodate different events. Each shed is proposed to be 200 square feet in floor area; for a total of 800 square feet above the approximately 4,033 square feet of accessory structures currently on-site. The exterior design and height of these sheds was not specifically addressed in the application materials. However, the applicant has indicated to staff the moveable sheds will be constructed to compliment other structures on the site. Living Ouarters In place of the carriage house proposed for demolition and relocation, the property owner plans to construct a new two-story building (Carriage House) having a residential apartment above a first floor garage. The application indicates the new building may be up to 4,000 square feet and twenty five (25) feet in height. Architectural features of the building will be designed to match or compliment the Beaux-Arts (neoclassical) style of the Moore Mansion. A draft elevation illustrating the proposed design and treatment of the proposed apartment is included on the last page of Exhibit "A". Zoning Regulations: For the Planning Commission's reference staff offers the table below comparing some applicable R-1 zoning regulations to details of the applicant's proposal. R-1 Zoning Reaulations Structure Type Maximum Limits Proposal Detached Garage Floor Area 1,000 ft2 6,400 ft2 Detached Gara e Height 15 feet 25 feet Shed Floor Area 200 ft2 2,233 ft2 ** Shed Height 15 feet Unknown TBD Cumulative Floor Area 1,200 ft2 8,633 ft2 * Figure represents the existing carport (2,400 ft2) and the proposed carriage house (4,000 ft2). ** The existing gazebo (768 ft2), the historic guest house to be relocated (665 ft2) and an existing picnic shelter (200 ft2) (the applicant plans to remove the shelter) have been accounted for in the category of shed floor area. 3 To protect against residential sites from becoming dominated by structures dedicated to uses other than habitable living space and to achieve a decided urban form PMC 25.70.030 contains the following provisions: 25.70.030 ACCESSORY BUILDINGS. Accessory buildings shall not be permitted on a parcel prior to the existence of a principal use. The following standards shall apply to all accessory buildings in residential districts: (1) Roofing materials must be compatible and similar in relation to the primary structure, and (2) Exterior siding must be compatible and similar in relation to the primary structure. (3) In no case shall a detached garage have more square footage than the principal building and shall not be higher than the principal building. To ensure the intent of the provisions above are met the list of tentative approval conditions contains a condition requiring specific compliance therewith. Mitigating factors supporting approval of the special permit include the following: - The site contains 6.50 acres. - There are no neighbors to the south and east of the site. The River is to the south and SR 395 is to the east. - - All proposed structures will be 300 feet or more from the north property line and Hopkins Street. - Including the additional structures added to the site, lot coverage will only be 4.5%. - In the R-1 zone lot coverage can be up to 40%. If the 6.50 acres was subdivided in to 7,200 square feet lots the coverage would be far greater than what the applicant is proposing. - If subdivided under the current zoning the site could accommodate 30 single-family dwellings and associated out buildings such as garages, shops and sheds 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 zoned "R-1" (Low -Density Residential); the R-1 zone is a single- family residential zoning district. 2. Surrounding properties are zoned "RS -12" (Suburban). 3. The 6.50 acre site contains the historic Moore Mansion. 4. The Moore Mansion is the only privately owned and finance property in Pasco included on the National Register of Historic Places. 5. The zoning regulations permit the adaptive reuse of historic structures through approval of a special permit (Master File# SP 05-098). 6. The Moore Mansion has been granted four previous special permits for the operation of restaurants, wedding receptions, banquets and bed and breakfast facilities. 7. The R-1 Zone permits detached residential garages up to 1,000 square feet in floor area and up to fifteen (15) feet in height. 8. The R-1 Zone permits shed cumulatively not to exceed 200 square feet in floor area and up to fifteen (15) feet in height. 9. The current application proposes to construct and additional 4,800 square feet of accessory structures. 10. The site currently contains accessory structures amounting to 4,033 square feet in area. 11. The 3,630 square foot Moore Mansion is the primary structure on-site. The Mansion is approximately forty (40) feet in height. 12. The site currently contains two dwelling units. 13. The application involves constructing a 4,000 square foot accessory dwelling unit twenty five (25) feet in height. 14. The application proposes to construct four (4) new 200 square foot sheds; totaling 800 square feet in area. 15. The existing detached carriage house is an historic structure that will be relocated and preserved on-site. 16. Highway 395 borders the east site of the property, separating activities on the Mansion property from residential land uses to the east. 17. Highway 395 generates highway noise. 18. The Moore Mansion property contains three parcels totaling 6.50 acres of land. 19. The Moore Mansion is located over 700 feet from the nearest house. 20. Receptions and weddings can generate the need for considerable parking and items requiring storage such as tables, chairs and various decorations. 21. The Moore Mansion site has one and one-half acre set aside for parking. 22. Overflow parking in the past has been accommodated on the expansive lawn area. 5 CONCLUSIONS BASED ON THE INITIAL 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? Applicable Plan goals or policies include ED -1-D and LU -6-A. These goals and policies encourage the promotion of tourism and recreational uses associated with the River and the restoration and use of historic structures. Specifically policy LU -6-A encourages the permitting and reuse of historic structures "which may include more intensive activity than the surrounding properties if adverse impacts on the neighboring properties are mitigated" for the purpose of preserving community history and enriching the community. The purpose of this application however, relates to the addition of accessory structures which support the previously authorizes land use activities. Besides the Plan policies mentioned above, the nature of this proposal is not otherwise specifically addressed in the Comprehensive Plan. (2) Will the proposed use adversely affect public infrastructure? The site is presently served adequately with water, sewer and other municipal utility facilities. The City's major West Pasco sewer interceptor parallels the Mansion site. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The general character of the neighborhood is residential. The general look and character of the Moore Mansion is that of a residential estate. The proposed use will continue the residential estate character. New construction will be conditioned to comply with accessory structure regulations contained in the Zoning Code (PMC 25.70.030) to ensure consistency amongst the structures on-site. (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 Mansion itself stands approximately forty (40) feet in height. The location and height of the Moore Mansion were established in 1908. While considerably larger than surrounding structures, as it currently exists the Mansion is located on an expansive tract with considerable setbacks not creating any bulk or density concerns. (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? Land use activities of the site have previously been authorized pursuant to Special Permit SP 05-098 and are not the subject of the application at hand. It is unlikely that the addition of the proposed accessory structures will significantly alter the nature of activities conducted on-site although enhancing the level of service for the venue could lead to an increase in the number of events held. Impacts generated by on-site events have been addressed in the conditions set forth in the 2005 Special Permit. The addition of an accessory residential dwelling unit will come after the existing carriage house is relocated. (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? The Moore Mansion was located and developed in its present location in 1908. It has been used as a restaurant and reception -center though the issuance of special permits over the last 15-20 years with minimal impacts to the neighborhood. It is unlikely that adding several accessory structures on the Moore Mansion property will present any potential detriment to public safety. 1) The special permit shall apply to parcels #119430241, 119430205 and 119430278; 2) The site shall be developed in substantial conformance with the site plan submitted with the special permit application; 3) The new carriage house and storage sheds must compliment the Neo- classical design of the Moore Mansion including the use of similar siding and roofing materials; 4) The Special Permit shall be null and void if a City of Pasco building permit to begin construction activities authorized under Master File # SP 2015-015, by February 28, 2017. MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the January 21, 2016 staff report. MOTION for Recommendation: I move, based on the Findings of Fact and Conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to Brad & Debra 7 Peck for the modification of a special permit issued under the City of Pasco Municipal Code Adaptive Reuse of Historic Places provisions at 200 Road 34, Pasco, WA 99301 (Parcels #119430241, 119430205 8v 119430278) with the conditions as contained in the January 21, 2016 staff report. 8 f �i ung T 'N .11 AAA Y l M1 S6V l44 v y PAP wAwlllq,oll,,�lm NMI • U P�1 ct ®N � krl t. �fit O • o0 oss 424,111 f �i ung T 'N .11 AAA Y l M1 S6V l44 v y PAP wAwlllq,oll,,�lm NMI t. �fit oss 424,111 axe �►4 ,h 1111111KY ��WjMf W �f l / / I �. 'Y' I Arw 4AW 22 I 4 0 co bn r6l 0 0 u f f � � ' ,: � F-. ��� � G x � r'i .. , Y� ��, V� �. .�£' ��h t a �'. ,y,,. _ Ea = � a. ��. r` F"� ;.k _ l � ��. �. i'4;� d 4' ,y. jd�. 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Y tib' , n AO ?2 ... 0 .11 Lr ..............................: a[ n 1 � tGm w nN n .0 n F N m� S PI m i ^ q N N n a Of 3 ,ft Lr ..............................: a[ u tGm w nN n .0 F i[ m� 61 \9��n116/ F tGm w nN n .0 m� PI i ^ U ,ft 61 \9��n116/ F REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2015-017 HEARING DATE: 12/17/2015 ACTION DATE: 1/21/2016 APPLICANT: City of Pasco 525 N 3rd Ave Pasco, WA 99301 REQUEST FOR SPECIAL PERMIT: Location of Sports Field Lighting in an R-1 (Low -Density Residential) Zone. 1. PROPERTY DESCRIPTION: Tom: Parcel #112 075 013: The Southeast 1/4 of the Northeast 1/4 of the northeast 1/4 of Section 29 Township 9 North Range 30 East Together with Pasco Land Company's 181 Addition, Blocks 161, 162 & 163 Together with all adjacent vacated roads and alleys. General Location: Highland Park located east of N. Wehe Avenue between E. Broadway Boulevard and E. Adelia Street. Property Size: Approximately 13.7 acres 2. ACCESS: The site has access from N. Wehe Avenue, E. Broadway Boulevard and E. Adelia Street. 3. UTILITIES: The site has access to water, sewer, and power. 4. LAND USE AND ZONING: The property is currently zoned R-1 (Low - Density Residential). Surrounding properties are zoned and developed as follows: NORTH: R-1& C-3 — Whittier and Curie Elementary Schools EAST: R-1 - SFDUs SOUTH: R-1, R-2 & R-3 - SFDUs & duplexes WEST: C-3 - Vacant S. COMPREHENSIVE PLAN: The site is designated in the Plan for Low - Density Residential uses. Policy CF -4-A encourages implementation of the adopted Parks and Recreation Plan. The City's adopted Parks, Recreation & Forestry Plan contains various goals, objectives and policies to establish well-developed neighborhood parks to serve surrounding neighborhoods within a radius of one-half to one mile. 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 1 Non -Significance (DNS) has been issued for this project under WAC 197- 11-158. ANALYSIS The Comprehensive Plan encourages the location of parks throughout the City. Parks are generally identified as a desirable urban amenity within residential neighborhoods. According to the Parks Plan appropriate facilities for neighborhood parks may include practice fields for softball, soccer, youth baseball etc. The City of Pasco Parks and Recreation Department is in the process of upgrading its facility at Highland Park, located on N. Wehe Avenue just north of E. Adelia Street and south of Whittier and Curie Elementary Schools. Part of the upgrade includes installation of sports field lighting on the south field (Field #1). The proposed lighting would include four light fixtures, each containing six metal halide luminaries, each fixture set on a 70' tall galvanized steel pole, set back 20' from the playfield (See attached exhibits). Parks are listed under PMC 25.86.020(6) "Unclassified Uses" as requiring a Special Permit. Any substantial improvements thereto also require review through the Special Permit process. The park currently contains three youth football fields, a playground, basketball courts, a wooded picnic area, restrooms, and portable storage buildings. The lighting will increase usable hours of the field, allowing the City to meet increasing demand. The lighting will be shielded from sending glare directly into neighboring properties, as per PMC 12.32.020 and will be controllable via both automatic and manual control switches. According to the vendor's Illumination Summary, the light spill at the closest property line will be approximately 2.2 in horizontal footcandles* (See attached "light Spillage" map; *A "footcandle" is defined as "the illuminance cast on a surface by a one -candela source one foot away," a "candela" being roughly equivalent to a candle weighing one sixth of a pound and burning at a rate of 120 grains per hour); this is roughly equivalent to the light one might experience while standing in the indirectly lit area between two City street lights. Lights will be used primarily in the fall (September - November) during the Pasco Youth Football playing season, Saturday evenings from dusk until about 8:00 pm with occasional use on Wednesday, Friday, and Sunday evenings., and in Spring (March - May), coinciding with Lacrosse season and youth flag football, Primarily on Saturday evenings. Organized use during the summer is 2 very minimal, most of which occurs during daylight hours. The fields will be shut down during the winter to allow them to rest. Applicable regulations regarding outdoor lighting are as shown below: PMC 12.32.020 SHIELDING" specifies that "All outdoor lighting systems . . . shall be shielded from above in such a manner that the edge of the shield shall be level with or below the center of the light source so that any direct light emitted above the horizontal is minimized. All outdoor lighting fixtures installed in zone two on or after ninety days from the enactment of the ordinance codified herein shall be shielded in such a manner so that any direct light emitted above the horizontal is minimized. Light direction refractors shall be considered to be light sources. PMC 12.32.040 "UNLAWFUL ACTS" prohibits "the illumination after midnight of an outdoor public recreation facility unless a specific recreational activity is already in progress" The park is located in an R-1 Zone and is surrounded on three sides (north, east and south) by residential zoning; two elementary schools are located across the street to the north; land to the east is fully built out with low-density residential development and nearly built out to the south with the permits for Habitat for Humanity housing having recently been issued; land to the west is zoned C-3 and is currently vacant. INITIAL 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 City of Pasco Parks and Recreation Department has applied for a Special Permit to locate sports field lighting at its facility at Highland Park. 2. Highland Park is located on N. Wehe Avenue just north of E. Adelia Street and south of Whittier and Curie Elementary Schools. 3. The City of Pasco Parks and Recreation Department is in the process of upgrading its facility at Highland Park, 4. Highland Park is located on N. Wehe Avenue just north of E. Adelia Street and south of Whittier and Curie Elementary Schools. 3 5. Part of the upgrade includes installation of sports field lighting on the south field (Field #1). 6. The proposed lighting would include four light fixtures, each containing six metal halide luminaries, each fixture set on a 70' tall galvanized steel pole (see attached Exhibit). 7. According to the Illumination Summary, the spill in both horizontal and vertical footcandles) as well as the "blanket" at the property line will be 0.0. 8. PMC 12.32.020 requires all outdoor lighting systems to be shielded so that any direct light emitted above the horizontal is minimized. 9. PMC 12.32.040 prohibits illuminating outdoor public recreation facilities after midnight "unless a specific recreational activity is already in progress." 10. The lighting will be shielded from sending glare directly into neighboring properties, as per PMC 12.32.020 11. The lighting will be controllable via both automatic and manual control switches. 12. Lights will be used primarily Saturday evenings with occasional use on Wednesday, Friday, and Sunday evenings until about 8:00 pm during the fall (September through November), and in Spring (March - May). Organized summer use is minimal and during daylight hours. 13. The fields will be shut down during the winter. 14. Parks are listed under PMC 25.86.020(6) "Unclassified Uses" as requiring a Special Permit. 15. Any substantial improvements to parks require review through the Special Permit process. 16. The Comprehensive Plan encourages the location of parks throughout the City. Parks are generally identified as a desirable urban amenity within residential neighborhoods. 17. According to the Parks Plan appropriate facilities for neighborhood parks may include practice fields for softball, soccer, youth baseball etc. 2 18. The park currently contains three youth football fields, a playground, basketball courts, a wooded picnic area, restrooms, and portable storage buildings. 19. The proposed lighting will increase usable hours of the field, allowing the City to meet increasing demand. 20. The park is located in an R-1 Zone 21. The Park is surrounded on three sides (north, east and south) by residential zoning; 22. Two elementary schools are located across the street to the north of the Park; 23. Land to the east of the Park is fully built out with low-density residential development and nearly built out to the south with the permits for Habitat for Humanity housing having recently been issued; 24. Land to the west of the Park is zoned C-3 and is currently vacant. TENTATIVE CONCLUSIONS BASED ON THE INITIAL 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 Comprehensive Plan encourages the location of parks throughout the City. Parks are generally identified as a desirable urban amenity within residential neighborhoods. According to the Parks Plan appropriate facilities for neighborhood parks may include practice fields for softball, soccer, youth baseball etc. (2) Will the proposed use adversely affect public infrastructure? The park is already built; the upgraded lighting fixtures will draw more power than existing on-site lights, but not beyond the capability of existing utilities. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? 5 The Park is already in place. Current residential building activity to the south is being undertaken with knowledge of the park's existence. According to the Parks Plan appropriate facilities for neighborhood parks may include practice fields for softball, soccer, youth baseball etc. (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 thereojP The area to the east is already fully developed, as is most of the neighborhood to the south. Homes for the remaining residential lots to the south are currently under permit or in the application process. Properties to the west are zoned for general commercial business. (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? PMC 12.32.020 requires all outdoor lighting systems to be shielded so that any direct light emitted above the horizontal is minimized. PMC 12.32.040 prohibits illuminating outdoor public recreation facilities after midnight "unless a specific recreational activity is already in progress." The City requires lighting to be shielded from sending glare directly into neighboring properties, as per PMC 12.32.020. The lighting will be controllable via both automatic and manual control switches. (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? Increased lighting will extend the useable play time for the field past sunset hours, drawing larger sports crowds and potentially creating increased noise, traffic and parking nuisances to surrounding neighborhoods. TENTATIVE APPROVAL CONDITIONS 1) The special permit shall apply to Parcel #112075013; 2) Light standards shall be no taller than 70 feet. 3) Light shall not be employed between 9:00 pm and 6:00 am. 4) Lights shall be installed so as to meet or exceed the minimum light shielding standard as shown on the attached "Illumination Summary." 6 RECOMMENDATION MOTION: I move to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the January 21, 2016 meeting. 7 ai .S A �lv�* .. 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H b S h m S b �b b ljay� b b S b S 'tj e e 7 b b o+ e e.. jb ,W q ,c o W r o b m e m e b Ib tr � o e cn Q ;HARLES AVE b G e G b e b e G d �• a - 4 M §. b � z, e e � p e b• � � � Eli i� '�A O s 16 b b_ 3 4 ' Oil r B C o' h A bS rb O b�� •�b rn 4 Light -Structure Green'"" System —still Five Easy Pieces'" plus: Improved Luminaire Efficiency 1. Reflector system: More than 2000 photometric patterns provide optimal energy efficiency and minimal spill fight for each project. 2. Visor System: Several visor choices provide energy efficient light on the field and minimal spill fight. The aerodynamics reduce wind load on the poles. 3. Side Shift Beam Control: Beams can be adjusted within the luminaire t. Poletop J Luminain horizontally as well as vertically. We can now custom fit the light to the comers. assemmv Smart Lamp'" Operating System 1. Lamp: 30 years of lamp experience has taught Musco how to operate the lamp with less energy and extend its life with a system of timed power adjustments. 2. Geared tilt adjustment: With a geared leveling mechanism, the lamp arc tube operates in the energy advantageous horizontal position. Increased Durability, Assured Results 1. Die -Cast aluminum reflector housing: provides a rugged foundation for building and maintaining a sophisticated photometric unit. 2. Gaskeling: Improved material and gasket system design virtually eliminate "outgasing' and other contamination of the reflectors and lens. 3. Factory Assembled Luminaires: The luminaire ships totally assembled: avoids contaminants, saves time, improves aiming accuracy. a. Electrical tompuenla 4. Attaching Mechanism: The factory assembled luminaire connects electrically Enclosure and structurally to the crossarm with one simple attachment. 5. Factory Aiming: Musco's well established service of factory aiming is even better with Light -Structure Green'"... field, changes can still be done. Solid control and flexible management 1. Controls and monitoring: This system, in one simple cabinet, included in the base price, saves energy and gives you a solid, flexible management tool. 5. Pneaal 2. Control Link Central-: Real people at Musco, 24/7, support the operation of eanema BBae your lights ...from office, field or home ...benefits field users and neighbors. Ultimate guarantee With Green Generation Lighting, Musco's Constant 25" guarantees it all for 25 years, plus free relamping at the end of the lamps' rated fife. All of this is assured by Musco's field service department and their technicians. Light -Structure Green`" is the result of more than a dozen inventions and innovations from more than 10 million dollars of research and capital investment by Musco. mus We Make It Happen B005, 2011 Musco Sports Lighting, LLC -&200-6 800/825-6030 www.musco.com e-mail: lighting@musco.com REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2015-018 APPLICANT: City of Pasco HEARING DATE: 12/17/2015 525 N 3rd Ave ACTION DATE: 1/21/2016 Pasco, WA 99301 BACKGROUND REQUEST FOR SPECIAL PERMIT: 1. PROPERTY DESCRIPTION: WSU Farm in an R-12 (Suburban Residential) District. Legal: Parcel # 118180180 being a portion of the NW quarter of Section 18, Township 9 North, Range 29 East located between Road 111 and I- 182 and north of Court Street. General Location: North of the West Pasco Water Treatment Plant and east of Road 111. Pronerty Size: Approximately 11.41 acres 2. ACCESS: The site has access from Road 111. 3. UTILITIES: The site has access to water, sewer, and power. 4. LAND USE AND ZONING: The property is currently zoned R-12 (Suburban Residential). Surrounding properties are zoned and developed as follows: NORTH: R-12 - Vineyard EAST: R-12 - SFDUs SOUTH: R-12 - Treatment Plant and SFDUs WEST: RT - Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Low -Density Residential uses. None of the goals and policies of the plan apply to the proposed use. Farming activities with the Urban Growth Area are considered an interim use. 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 site has been part of a farm since World War two. The farm was dissected in the early 1980's by the construction of I-182 and the bridge to Richland. However the property continued to be used as a farm after the highway construction. In 2000 the property was part of the Road 100 annexation and it became incorporated into the City at that time. The farm continued to be operated in the City until 2007 or 2009. Since that time there has been sporadic use of the land for farming. Most recently the WSU Extension Services has been farming the property. WSU is seeking to expand the farm to use the entire 11 acre parcel and incorporate a storage shed and carport structure to protect farm equipment. The storage structures and accompanying fencing will be located on the north side of the City's water treatment plant near the bike path along the I-182 right-of-way. The fenced equipment area will occupy about 1,800 square feet of land leaving most of the 11.41 acres available for farming. WSU typically grows vegetable crops on their research farms. WSU research farms are not intensive commercial farms involving a lot of heavy equipment and harvesting vehicles. For the last several years WSU has being farming two parcels of land near the corner of Road 80 and Wernett Road. The property has recently been sold and some of it is in the process of being developed as the Road 84 Estates. Staff is not aware of any complaints from nearby home owners as a result of the WSU farming operations on Road 80. CBC also operates an educational farm across the street from residential properties on Argent Place with nor complaints being generated by neighboring property owners. Pasco has had a long history with large and small farms being operated in the City Limits with little conflict with neighboring residential subdivisions. Farming is an interim use that can easily be converted to intended uses as urban growth dictates. Most of the development within the I-182 corridor over the past 15 years has occurred on lands that were formally developed with farms. WSU was asked to apply for a special permit because they proposed to modify the farming operation on the site by adding a carport and storage shed. There have never been any farm related structures on the property. INITIAL 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. E 1. The site has been farmed for at least 65 years. 2. The site was annexed to the City in 2000 and zoned RS 12. 3. The site is adjacent to I-182 a major highway. At times there is significant noise generated from the highway. 4. Farming operations continued on the site for 7 to 9 years after the site was annexed. WSU has recently being using the property as a research farm. 5. The residential neighborhood to the east of Road 111 was developed after the farming operation began on the site. Some of the houses in the neighborhood were built in the late 1990's and 2000's. 6. The WSU research farm cultivates vegetable crops. 7. A research farm does not involve the extensive use of large farm equipment and there is no commercial harvesting of the crops. 8. A small vineyard is located directly to the north of the proposed WSU farm. 9. The farming operation will include a 10' by 16' storage shed and a 30' by 40' carport to house farm equipment. The structures will be screen with fencing containing vinyl slats of a neutral color. 10. The proposed storage shed and carport will be located about 700 feet away from the nearest house on Road 111. 11. The proposed storage shed and carport will be located about 400 feet north of Court Street and will be screened from Court street by the masonry wall around the water treatment plant. 12. WSU has operated a research farm near the intersection of Road 80 and Wernett Road. This vegetable research farm has not generated any complaints from adjoin property owners. This property was in the County until the Road 80 Annexation occurred in July of this year. 13. The City Council granted a special permit to Columbia Basin College in 2009 for an education farm similar to the proposed WSU farm. The CBC farm is located on the north side of Argent Road across the street from single-family homes. The CBC farm has not created any nuisance problems for the residents on Argent Place. 3 TENTATIVE CONCLUSIONS BASED ON THE INITIAL 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 Comprehensive Plan designates the site for low-density residential development. The proposed use involves no intensive development and is considered an interim use. The property will remain available for urban development. (2) Will the proposed use adversely affect public infrastructure? The proposed farm will have no adverse impact on public infrastructure. A farm is not dependent upon City utilities or infrastructure as are residential and commercial developments. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The location of other farms within the I-182 Corridor and other areas of the City has demonstrated that farms within close proximity of dwellings can be operated harmoniously with intended uses. Farms have operated simultaneously with the development of Island Estates, Sunny Meadows, the Village of Pasco Heights, and in harmony with other residential developments in the I-182 Corridor. The proposed use will not make intensive use of the land or lead to the disorderly growth of the community. (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 structures will be similar to accessory structures typically found on residential lots. Development over the last 15 years within the I-182 Corridor attests to the fact that farming operations do not discourage the development of permitted uses or impair the value of nearby development. 2 (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? Nearby properties contain a water treatment plant, a vineyard a freeway and single-family homes. The proposed use will not create more traffic, flashing lights, fumes, noise or vibrations than the traffic on Court Street or I-182. (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? The existence of numerous farming operations within the I-182 Corridor demonstrates that the proposed use will not become a nuisance to permitted uses nor will it endanger public health and safety. TENTATIVE APPROVAL CONDITIONS 1) The special permit shall apply to Parcel # 118180180; 2) The proposed equipment storage yard and portable structures must be located north of the water treatment plant and at least 500 feet from Road 111; MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the January 21, 2016 staff report. MOTION for Recommendation: I move, based on the Findings of Fact and Conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to Washington State University Extension Service for the location of a farm on Parcel # 118180180 with the conditions as contained in the January 21, 2016 staff report. s F t 4y— y o r N Wct F+i OC [ LLI ct .*--a \ _ ct � \ V .POO c V LL LL NAMM#SIMONS Cl)LU ct LL O ® FEE ct ct ij E LL "MMM, D 0 Q J z D 0 CL 0 U z SW ^L^ 1� D c W L N � 3 O n 3 v o C O 0 Q w i^ L f0 s ° U N � f0 1] C v— v o v O N M Op Y 0 ° � O % N w O M 3 k. 1 Yl ! + 3 k. Yl ! + ,71 1y i I� �.J 1 �il r� 4 1` esY 7•y ; � 1 y: ( ,yy �I, , xa { FF, A ti 1y i I� �.J 1 �il REPORT TO PLANNING MASTER FILE NO: PP 2015-006 HEARING DATE: 1/21/2016 ACTION DATE: 2/18/2016 APPLICANT: Big Creek Land Company 1950 W Bellerive Ln Coeur d'Alene, ID 83814 REQUEST: Preliminary Plat: Columbia Villas Phase 3. 34 -Lots (Multi -Family) & 1 Commercial lot 1. PROPERTY DESCRIPTION: Legal: Lots 4, 5 and 6, Shot Plat 2003-21 General Location: The N/W corner of Road 68 and Three Rivers Drive. Property Size: 7.45 Acres Number of Lots Proposed: 34 lots for zero lot line construction and one commercial lot Square Footage Range of Lots: 3,718 ft2 to 10,173 ft2 Average Lot Square Footage: 5,561 ft2 2. ACCESS: The property will have access from Three Rivers Drive. 3. UTILITIES: Municipal water and sewer service are available in Three Rivers Drive. 4. LAND USE AND ZONING: The site is zoned R-4 (High Density Residential) Surrounding properties are zoned and developed as follows: NORTH: R-4 — Stone Gate Apartments SOUTH: R-3 & C-1 — Duplexes & Vacant EAST: R-4 — Vacant (Currently being rezoned to C-1) WEST R-1 — Single Family Residences S. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for mixed residential development. According to the Comprehensive Plan, mixed residential development means 5 to 20 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 mixed residential uses when or where: sewer is available, the location is convenient to major circulation routes, the site serves as a transition between more intense uses and low density uses, and when there is a market demand. 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 I 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 project site is located immediately west of Road 60, south of the Stone Gate Apartments and east of Columbia Place. The site is relatively flat and slopes slightly from the north to the south. The site is vacant with a combination of bare ground and native and non-native grasses and other vegetation. The site is not considered a critical area a mineral resource area or a wet land. The site was initially designated for mixed residential development under the Comprehensive Plan in 1995. The R-4 (Medium Density Residential) zoning was established in 2003 around the time Columbia Place (to the west) received Preliminary Plat approval. The right-of-way for Three Rivers Drive was deeded to the City in the fall of 2003. The applicant is proposing to subdivide the site in question into 35 lots to allow the construction of 17 duplexes. Each duplex would occupy two lots with the common lot line dividing each unit. This proposal is identical to the process that was used for the development of the Island Estates Row Homes in the Island Estates subdivision (Phase 8), Mediterranean Villas and Columbia Villas Phases 1 and 2. Each of these subdivisions was zoned for multi -family development and platted into individual lots. The lots lines within these subdivisions became the common boundary line separating the dwelling units. The Navigator Villas development to the north of Stone Gate Apartments was also developed in a similar manner as the current proposal for Phase 3 of Columbia Villas. Navigator Villas was also zoned R-4 and then platted into lots allowing each four-plex to be built it's individual lot independent of the other four-plexes. LOT LAYOUT: The proposed Plat contains 34 residential lots and one future commercial lot. The lots vary in size from 3,718 square feet to 10,173 square feet. The proposal is consistent with the density requirements of the R-4 zoning of the site. R-4 zoning permits the development of one dwelling unit per 1,500 square feet of lot area for multi -family type structures. RIGHTS-OF-WAY: All lots have frontage on streets which will be dedicated. 2 UTILITIES: Municipal water and sewer lines are located in Three Rivers Drive. The developer will be responsible for extending utilities into the Plat. A utility easement will be needed along the first 10 feet of street frontage of all lots. The final location and width of the easements will be determined during the engineering design phase. The front yard setbacks for construction purposes are larger than the requested easements; therefore the front yard easements will not diminish the buildable area 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 500 feet between hydrants on alternating sides 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 alternating sides of the street. STREET NAMES: The street name follows the river theme of the Columbia Place subdivision to the west. IRRIGATION: The municipal code requires the installation of irrigation lines as a part of the infrastructure improvements. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160. If no water rights are available to transfer to the City the property owner/developer must pay a water right fee in lieu thereof. The Public Works Director may waive the fee if the developer mixes a soil additive in the ground that provides 30% retention of irrigation water. In this case there are no water rights to deed to the City as a result the current fee will be required before a final plat is approved. In this case the City reached an agreement with a previous owner of the land in 2004 and received an assignment of water rights covering all of the north half of Section 9, Township 9 North, Range 29 East, WM. The proposed plat is within the north half of said Section 9. FINDINGS OF FACT State law (RCW 58.17.010) 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": 3 Prevent Overcrowding: Density requirements of the R-4 zone are designed to address overcrowding concerns. The Comprehensive Plan suggests the property in question be developed with 5 to 20 dwelling units per acre. The proposed Plat has a density of less than 7 units per acre. No more than 60 percent of each lot is permitted to be covered with structures per the R-3 zoning standards. Parks Opens Space/Schools: City parks are located in Columbia Place and Island Estates. 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 ensure there are adequate provisions for schools. A school impact fee in the amount of $4,525 will be charged for each new dwelling unit at the time of building permit issuance. Effective Land Use/Orderly Development: The Plat is laid out for multi- family development as identified in the Comprehensive Plan. The maximum density permitted under the Comprehensive Plan is 20 dwelling units per acre. The developer is proposing a density of 6.47 units per acre. The proposed development will extend Three Rivers Drive from Road 76 to Road 68 with improvements to the north side of the right-of-way along with two full travel lanes to Road 68. 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 sidewalks will be constructed to current City standards and to the standards of the American's with Disabilities Act (ADA). The ADA ramps at the corners of all intersection will be installed with the construction of the road improvements Adequate Provision of Municipal Services: All lots within the Plat will be provided with water, sewer and other utilities. Provision of Housing for State Residents: This Preliminary Plat contains 34 residential building lots, providing an opportunity for the construction of 17 duplexes units containing a total of 34 new dwelling. 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 streets through and adjoining the Plat will be paved and developed to City standards to assure proper access is maintained to each lot. Connections to the community will be provided by Road 76 and 4 Three Rivers Drive. The Preliminary Plat was submitted to the Transit Authority for review. (The discussion under "Safe Travel" above applies to this section also.) Comprehensive Plan Policies 8s Maps: The Comprehensive Plan designates the Plat site for mixed residential development. Policies of the Comprehensive Plan encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing for residents. Other Findings: • The site is within the Pasco Urban Growth Boundary. • The State Growth Management Act requires urban growth and urban densities to occur within the Urban Growth Boundaries. • The site is relatively flat and slopes slightly from the north to the south. • The site is vacant with a combination of bare ground and native and non-native grasses and other vegetation. • The site is not considered a critical area a mineral resource area or a wet land. • The Comprehensive Plan identifies the site for mixed residential development. • Mixed residential development is described in the Comprehensive Plan as five to twenty dwelling units per acre. • The site is zoned R-4 (Medium Density Residential). • The site was zoned R-4 in 2003. • The Housing Element of the Comprehensive Plan encourages the advancement of programs that promote home ownership and development of a variety of residential densities and housing types. • The Transportation Element of the Comprehensive Plan encourages the interconnection of neighborhood streets to provide for the disbursement of traffic. • The interconnection of neighborhood streets is necessary for utility connections (looping) and the provision of emergency services. • The right-of-way for Road 76 and Three Rivers Drive was deeded to the City in 2003. • Per the ITE Trip Generation Manual 8th Addition the proposed subdivision, when fully developed, will generate approximately 200 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 I-182 Corridor when warranted. s • 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 April 16, 2012. • Past correspondence from the Pasco School District indicates impact fees address the requirement to ensure adequate provisions are made for schools. • There are no water rights associated with this plat have been previously deeded to the City as a part of the Columbia Place development. • Plat improvements within the City of Pasco are required to comply with the 2015 Standard Drawings and Specification as approved by the City Engineer. These improvements include but are not limited to water, sewer and irrigation lines, streets, street lights and storm water retention. The handicapped accessible pedestrian ramps are completed with the street and curb improvements prior to final plat approval. Sidewalks are installed at the time permits are issued for new houses. Except sidewalks along major streets, which are installed with the street improvements. • All engineering designs for infrastructure and final plat(s) drawings are required to utilize the published City of Pasco Vertical Control Datum. • All storm water generated from a developed plat is required to be disposed of • per City and State codes and requirements. Prior to the City of Pasco accepting construction plans for review the developer is required to enter into a Storm Water Maintenance Agreement with the City. The developer is responsible for obtaining the signatures of all 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 is presented to the City of Pasco at the intake meeting for construction plans. • The City has nuisance regulations (PMC 9.60) that require property owners (including developers) to maintain their properties in a manner that does not injure, annoy or endanger the comfort and repose of other property owners. This includes controlling dust, weeds and litter during times of construction for both subdivisions and buildings including houses. • Prior to acceptance of final plats developers are required to prepare and submit 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 must be signed by the developer prior to construction plan approval. CONCLUSIONS BASED ON INITIAL STAFF 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. The school impact fee addresses the requirements of RCW 58.17.110.City parks are located in the subdivisions to the west and southwest of the site. All new developments participate in establishing parks through the payment of park fees at the time of permitting. (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 the looping of utilities and interconnectivity of streets as supported in the Comprehensive Plan. The proposed subdivision will provide a paved travel lane connecting Columbia Place to Road 68 and Road 76 enhancing accessibility to and from Columbia Place. (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 mixed residential development. Mixed residential development is described as 5 to 20 dwelling units per acre in the text of the Comprehensive Plan. The Housing Element of the Plan encourages the promotion of a variety of residential densities and suggests the community should support the advancement of programs encouraging home ownership. The Transportation Element of the Plan suggests major streets should be beautified with trees and landscaping. The Plan also encourages the interconnection of local streets for inter -neighborhood travel for public safety as well as providing for traffic disbursement. (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 subdivision is in conformance with the general purposes of the subdivision regulations provided certain mitigation measures (i.e.: school impact fees are paid.) (6) The public use and interest will be served by approval of the proposed subdivision. The proposed Plat, if approved, 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. TENTATIVE PLAT APPROVAL CONDITIONS 1. No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 2. 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). 3. The developer shall install a common "Estate Type" fence six -feet in height matching the fence in Columbia Villas Phase 1 and 2 along the east and south line of the plat as a part of the infrastructure improvements associated with the plat. The fence must be constructed of masonry block. A fencing detail must be included on the subdivision construction drawings. Consideration must be given to a reasonable 0 vision triangle at the intersection of streets. Maintenance and upkeep of said fence is the responsibility of the subdivision Homeowners Association. All final Plats shall include a note that clearly indicates the maintenance responsibility for the estate fence is the responsibility of the Homeowners Association. 4. The sidewalk along Three Rivers Drive, except for Lot 27, shall be offset and a landscaped planting strip shall be provided between the curb and the sidewalk. The Homeowners Association shall be responsible for maintenance of the landscaped planting strip. S. Driveways for Lot 27 will be restricted to one driveway on Three Rivers Drive located at least 200 feet west of Road 68 and one driveway on Road 68 located at least 250 feet north of Three Rivers Drive. 6. The sidewalk for Lot 27 (the commercial lot) will not be required to be off- set 7. The final plat(s) shall contain a 10 -foot utility easement parallel to all streets unless otherwise required by the Franklin County PUD. 8. The final plat(s) shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this Plat is responsible 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 utility easements prior to PUD construction and/or connection of any electrical service to or within the plat". MOTION: I move to close the hearing on the proposed subdivision and initiate deliberations and schedule adoption of Findings of Fact, Conclusions and a Recommendation to the City Council for the February 18, 2016 meeting. G ENTIAT„,CT i « _ KLICKATATIN III �k rs .•- a:u Nb f4Ir 9!•i : t art 4,J l\./ (74 W 1--+ rn �mmdd riI /f Imo; �►14 _ YYcc Y y 89 Qdc W m I , s ENTIAT„,CT i « _ KLICKATATIN III �k rs .•- a:u Nb f4Ir 9!•i : t art 4,J l\./ (74 W 1--+ rn �mmdd riI /f Imo; �►14 _ YYcc Y y 89 Qdc W m I W, I . .. .. ... ... s LM0 z Mo 0 0 ell -o 7,-M t O V) Mo a O O J •I$ REPORT TO THE PLANNING COMMISSION MASTER FILE NO. Z 2015-006 APPLICANT: Scott Lybbert HEARING DATE: 1/21/16 2839 W. Kennewick Ave. ACTION DATE: 1/21/16 PMB 396 Kennewick, WA 99336 BACKGROUND REQUEST: REZONE Rezone from R-1 (Low- Density Residential) to R-3 (Medium -Density Residential) 1. PROPERTY DESCRIPTION: Legal: That portion of the SW quarter of the SW quarter of Section 15, Township 9 North, Range 29 East, WM. lying northerly of the FCID canal except that portion platted as Chapel Hill Division 2 and that portion platted as Short Plat 2010-14. General Location: 6720 Aintree Drive Property Size: The parcel is approximately 5 acres. 2. ACCESS: The property will have access from Aintree Drive along the north property line. 3. UTILITIES: All utilities are available to the site. Utilities will need to be extended into the site prior to development. (The topography of the site presents some practical difficulties in providing sewer service to the site. Sewer service will need to be extended under the FCID canal and connected to a manhole in Road 68.) 4. LAND USE AND ZONING: The site is currently zoned R1 (Low- Density Residential). The site contains a single-family residence with an accessory structure. Surrounding properties are zoned and developed as follows: North R-1 & R-4 - SFDUs/Apartment Complex South C-1 - Fire Station/ Commercial Business East R-1 - SFDUs West County RS -20 - In the process of being annexed and zoned to R-3 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for Mixed Residential uses. Land Use Policy LU -3-B encourages "infill" development. Other goals and policies suggest the City permit a full range of residential environments including town houses, condominiums and apartments (H -2-A) and standards that control the scale and density of accessory buildings. 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. F3 JA Ivi-ff-I The property in question was annexed to the City in 1982 and was a remnant parcel of the original farm circle that occupied the area between the FCID canal and I-182 east of Road 68. Because this 5 acre parcel was held under separate ownership from the farm circle it was not developed as a part of the Chapel Hill development. In 2003 the original farm circle was rezoned to R-1, R-3, R-4 and C-1 and developed as the Chapel Hill Subdivision. The site has remained minimally developed as the Chapel Hill subdivision has been built out. The property owner applied for a rezone in 2013 in an effort to develop the parcel with a 15 lot subdivision. Due to topographic variations of the parcel and the cost of running the sewer line under the FCID canal it was not feasible to move forward with the development. The fifteen lots could not carry the cost of all the infrastructure improvements needed to serve the five acre parcel. The City's land use plans for the past 36 years have indicated the property in question should be utilized for Mixed Residential uses. The "Description and Allocation of Land Uses" table in the Land Use Chapter of the Comprehensive Plan indicates the Mixed Residential designation permits single-family through multi -family zoning with densities ranging from 5 to 20 dwelling units per acre. The applicable zoning classification for the mixed residential land use designation includes low-density through medium -density zoning including R-3 zoning. The applicant is seeking R-3 zoning which is permitted under the Comprehensive Plan. The applicant is seeking a zone change from R-1 (Low -Residential) to R-3 (Medium -Density Residential) to match the multi -family zoning of the apartment complexes in the Chapel Hill subdivision to the north and east. R-3 zoning would permit one dwelling unit per 3,000 square feet of land. The developer is planning on providing around 5,019 square feet of land for each dwelling unit or 8.7 units per acre. R-1 zone allows for up to one dwelling per 7,200 square feet or 6.05 units per acre. The proposed rezone will facilitate a residential infill development that is encouraged by the Comprehensive Plan (LU -3-B). The R-3 zoning will permit the development of a medium -density development on a site that needs slightly more density than R-1 zoning to cover the cost of required infrastructure. This application is coupled with an annexation petition and rezone for the property to the west along Road 68. The developer intends to provide primary access off Road 68 consistent with Plan policy H-1-13 that encourages medium density housing to have access from major streets to avoid access through lower density areas. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: Adjacent residential development and growth within the City makes the zone change appropriate, timely, and consistent with the City's Comprehensive Plan. Properties to the north and east have been zoned to R-1, R-3, R-4 and C-1 and developed with apartments, commercial development and single-family residences. Changed conditions in the neighborhood include installation of all utilities in the surrounding subdivision as well as the construction of homes, apartments and commercial buildings. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The rezone will facilitate an infill development and improvements along Road 68. The rezone will also expand opportunities for additional housing options for Pasco residents. 3. The effect it will have on the nature and value of adjoining property and the Comprehensive Plan: Based on past experience with rezoning vacant land adjacent to existing subdivisions, and evidence provided by tax records of Franklin County, the proposed rezone will not negatively impact adjoining properties. The development of Columbia Villas, and Navigator Villas is an example of where higher density development was placed adjacent to low-density with little impact to property. The development of the Chapel Hill subdivision with two apartment complexes intermixed with single-family homes is another example of where higher density development co -exists with lower density development with no impact to property values. Rezoning the property will assist with the implementation of the Comprehensive Plan. 4. The effect on the property owners if the request is not granted: 3 If the request is not granted it is probable the property will continue to remain underdeveloped. Due to problems with topography and difficulties with serving the site with sewer service development of the site for single-family homes is highly unlikely. 5. The Comprehensive Plan land use designation for the property: The Comprehensive Plan designates the site for Mixed Residential uses which includes R-3 and R-3 zoning. The proposed rezone is consistent with the Plan. STAFF FINDINGS OF FACT Findings of Fact must be entered from the record. The following are initial Findings drawn from the background and analysis section of the staff report. The Planning Commission may add Findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is currently zoned R-1 (Low -Density Residential) and has been zoned R-1 for approximately 3 years. 2. The site borders C-1 Zones to the north and south and is southwest of The Crossing at Chapel Hill (apartments) which is zoned R-4. 3. The Comprehensive Plan designates the site for mixed residential uses. 4. The Comprehensive Plan indicates densities for this site range from 5 to 20 units per acre. 5. The surrounding Chapel Hill subdivision was rezoned for multi -family, single-family and commercial development in 2003. 6. A fully developed street (Aintree Dr.) now borders the northern property line. 7. Aintree Drive and the other streets within the Chapel Hill subdivision contain all municipal utilities required to serve residential development however, the nearest available sewer to serve the site is located on Road 68 near the Fire Station. 8. The site contains a single-family residence and a small barn. 9. The site was annexed by the City of Pasco in 1982. 10. Applicant is requesting a change of zoning from R-1 to R-3. 11. Property to the west is zoned RS -20 and is in the process of being annexed and zone R-3. 12. The R-3 zone permits one dwelling unit per 3,000 square feet of land. The applicant is proposing a density of one unit per 5,000 square feet of land. 13. The rezone will facilitate an infill development which is encouraged by the Comprehensive Plan. F1 CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a Rezone, the Planning Commission must develop its conclusions from the Findings of Fact based upon the criteria listed in P.M.C. 25.88.060 and determine whether or not: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with the Comprehensive Plan Land Use Map and several Plan policies and goals. Land Use Policy LU -3-B encourages "infill" development while H -2-A suggests the City permit a full range of residential environments including townhouses, condominiums and apartments. 2. There is merit and value in the proposal for the community as a whole. Adjacent residential development and growth within the City makes the zone change appropriate, timely and consistent with the City's Comprehensive Plan. The rezone will facilitate a residential infill project on a parcel that would otherwise be difficult to develop. 3. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The applicant is working with the property owner to the west to acquire access from Road 68. Creating access from Road 68 will enable the proposed development to be focused off an arterial street consistent with the Comprehensive Plan. It may be advisable to also require a landscaped buffer area along the easterly boundary of the site for the benefit of the adjoining single-family homes. 4. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A Concomitant Agreement should be considered to include a landscaped buffer along the easterly side of the parcel and to focus the main access point to Road 68 RECOMMENDATION Development of the rezone site will involve utility work that has to be completed prior to the FCID irrigation canal being filled with water in the spring. The applicant has requested that the Planning Commission make a recommendation to the Council after he January meeting (See the attached letter). E MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the January 21, 2016 staff report. MOTION for Recommendation: I move based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council rezone parcel 117430147 from R-1 to R-3 with conditions contained in the concomitant agreement contained in the January 21, 2016 staff report. rl a N�, g LU Z. Jo ,41 0 O w 4 Py, • , H cn AINTREE DR cj •�� r.e ree -jig 'A_ (: Li" 1 Ill 4-1 _ . 0 Poo U ' "Id.OL 4 �i u. y I A _� T, Lu a N�, g LU Z. Jo ,41 0 O w 4 Py, • , H cn AINTREE DR cj •�� r.e ree -jig 'A_ (: Li" 1 Ill 4-1 _ . 0 Poo U ' "Id.OL 4 �i u. y I A _� U5 G wwwoo J W V. LL O LL. L LL c�a E 0 ' •EJ CO J x U. W Q � � x - � U � U5 G wwwoo J W V. LL O LL. L LL c�a E 0 ' •EJ CO J x U. W Q � � x - U5 G wwwoo J W V. LL O LL. L LL c�a E 0 w� z T w 4� - r NN1 neb'�1Nb o N N '1Dno�nbb M > a� m 0�e�� W co AINTREE DR r ^� RoAp 68 N N C r Cl) ^U � � J W 0 ld OL t/O N � W J J Q Scott J Lybbert 2839 W Kennewick Ave.#396 Kennewick, WA 99336 Telephone (509) 820-3282 Fax (866) 746-4884 scottlybbert ftmall.com December 10. 2015 Dave McDonald, City Planner Community & Economic Development Department 525 N. 3rd Avenue Pasco, WA 9))01 Re: Rezone and Annexation Request, 6720 Aintree Dr. Dear Mr. McDonald, As we have discussed in previous conversations, the project has a couple of scheduling challenges. Due to these circumstances, we request the rezone and annexation application be reviewed and a recommendation put forth to City Council for approval at the planning commission hearing on Thursday, 21 January 2016. Here is a recap of the scheduling challenges. One, the sewer line construction will require a crossing of the irrigation canal at the south end of the property. The Franklin County Irrigation District requires that this sewer line crossing be installed and completed by 1 March 2016. This deadline requires design, the obtaining of engineering approval and the construction of the sewer in the next Pew months. Second, to design the sewer system and the irrigation canal crossing, we will also need to develop engineering drawings for the subdivision. The development of these engineering drawings, before we know if the City will support the rezone and annexation approvals, poses significant risk to the project. The request for the condensed process derives from the need for confidence the Planning Commission will recommend approval of the rezone and annexation request to the City Council. This will ensure the development risks can be fully understood. If this process cannot be condensed, it may negatively impact the viability of the project. We appreciate the City's consideration of this approach and look forward to further direction, so we can pian our efforts and expenditures accordingly. Regards, Scott Lybbe t �, 0 VALLEY VIEW MULTI -FAMILY DEVELOPMENT NOVEMBER 4, 2015 MacKay+Sposito auo a. 0 0 J N 0 y �yj��iµrn �yT �aP'm de 4 S fit efi�e,�::9 Tda ✓ It F v♦n�d,�� Ski' '�� �` y�j �� m 0 0 REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 2015-007 APPLICANT: GESA Credit Union HEARING DATE: 1/21/2016 2202 W. Sylvester Street ACTION DATE: 2/18/2016 Pasco, WA 99301 BACKGROUND REQUEST: REZONE: Rezone from C-1 (Office) to C-3 (Genial Business) 1. PROPERTY DESCRIPTION: Legal: Block 2, O'Keefes 3rd Addition, including vacated streets and alleys General Location: 2200 block of W. Sylvester Street Property Size: 3. 3 acres 2. ACCESS: The site has access from 20th Avenue. 3. UTILITIES: Municipal sewer and water lines currently serve the site. 4. LAND USE AND ZONING: The site is currently zoned C-1 (Retail Business) and contains a GESA Credit Union building and a GESA Administrative Service Building. Surrounding properties are zoned and developed as follows: NORTH: C-1 - School Playground SOUTH: R1 -A-2 - Manufactured Homes EAST: C-1 - Vacant/ Office WEST: R-4 - Multi -Family Residences 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the property for commercial uses. Those portions of the community designated for commercial development by the Comprehensive Plan could be zone "O", C-1, C-2, C-3 CR and BP. Land Use Goal ED -2 encourages the appropriate location and design of commercial facilities within the City. ED -2-13 encourages the development of a wide range of commercial uses strategically located to support local and regional needs. LU -4-A suggests commercial facilities should be located near major street intersection to leverage the use of major infrastructure and to reduce commercial sprawl. 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 1 Non -Significance (DNS) has been issued for this project under WAC 197- 11-158. ANALYSIS The GESA credit union is seeking to rezone their property at 2202 W Sylvester Street from C-1 (Retail Business) to C-3 (General Business). Under the current Comprehensive Plan land use designation of commercial property could be zoned for "O", C-1, C-3, CR, and BP zoning. The specific zoning designation for the site is to be determined through the hearing process taking into consideration the site location, general purposes of each zoning district, street network and surrounding uses. The foregoing considerations should be factored into the rezone review criteria required by PMC 25.88.030. GESA originally built a credit union office on the property in 2000. In 2014 GESA obtained a permit to construct an administrative services building directly to the west of the credit union. The administrative services building is essentially a small computer server building that provides services to all of the GESA branches and small financial institutions that contract with GESA for computer services. The administrative services building is a secure building in the sense it is not frequented by the public, contains no windows and is surrounded by fencing. By contrast the adjacent credit union building is open and inviting in appearance and design with no security fencing. When the administrative services building was constructed a fence with three strands of barbed wire was installed around the property. Three strand barbed wire fencing is not permitted in the C-1 zone and as a result GESA was asked to remove the wire. Heavy security fencing with barbed wire creates an industrial/ heavy commercial look and as such is permitted only in C-3 and I zones. When the zoning code was amended in 1999 barbed wire was prohibited in C-1 zones except for one strand that may be place within 2 inches of the top rail of a fence. GESA was given the opportunity to keep on strand of barbed wire but that did not suit GESA's security needs. Having been unsuccessful in obtaining a wavier or variance from the Hearing Examiner to avoid installing a landscaped buffer along the south and west side of their property GESA opted not to apply for a variance on the barbed wire fencing. Because of serious concerns about their server equipment GESA feels it is necessary to have secured fencing with barbed wire. As a result the C-3 rezone option is being pursued. C-3 zoning is a permitted zoning classification on the comprehensive plan and it permits the installation of barbed wire fencing. 2 The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The date the existing zone became effective: The current (C-1) zoning classification was established around 1969. 2. The changed conditions, which are alleged to warrant other or additional zoning: The only significant change on the property is the recent construction of the GESA administrative services building. The building requires a high degree of security because of the contents of the building. Barbed wire fencing is need for that security. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The construction of the new GESA building has created the need for a higher level of security on the GESA property. For the safety and security of the contents of the administrative services building a barbed wire fence is needed. C-3 zoning is the only commercial zone to permit security fencing with barbed wire. Protection of the GESA administrative services building is critical for GESA, GESA members and other banks that contract with GESA for computer service needs. The importance of the administrative services building reaches far beyond 2202 W. Sylvester Street and in that sense there could be a wider general welfare benefit to a rezone. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: The only way the proposed rezone will not impact the value and charter of neighboring properties is if the rezoned is conditioned to prohibit the heavy commercial land uses allowed under C-3 zoning. Heavy equipment sales and service, lumber yards and trucking firms are no appropriate at this location. 5. The effect on the property owner or owners if the request is not granted: Under the current zoning GESA is unable to provide the type of security they feel is necessary for the sensitive nature of the administrative services building at 2202 W Sylvester Street. 3 STAFF FINDINGS OF FACT FOR APPROVAL 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 currently zoned C-1 (Retail Business). 2. The site contains a GESA credit union and an administrative services building. 3. The site is located on W. Sylvester Street. 4. The Comprehensive Plan identifies the site for Commercial uses. 5. Commercial zoning falling under the commercial land use designation of the Plan includes the following zones: "O", C-1, C-2, C-3 CR and BP. C-2 zoning only applies to the Central Business District. 6. GESA has some critical security needs that are addressed by C-3 zoning that are not available in C-1 zones. (C-3 zoning permits a higher level of security fencing than C-1 zoning.) 7. C-3 zoning permits trucking operations, warehousing, heavy equipment sales and service lumber yards and similar uses. 8. The properties to the south and west have been developed with housing. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a zoning amendment the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.88.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with the land use designation of the Comprehensive Plan. The proposal is also supported by ED -2-B that encourages the development of a wide range of commercial uses strategically located to support local and regional needs. The building that is in need of the rezone provides services locally and regionally. 2. There is merit and value in the proposal for the community as a whole. The construction of the new GESA building has created the need for a higher level of security on the GESA property. For the safety and security of the contents of the administrative services building a barbed wire fence is needed. C-3 n u zoning is the only commercial zone to permit security fencing with barbed wire. Protection of the GESA administrative services building is critical for GESA, GESA members and other banks that contract with GESA for computer service needs. The importance of the administrative services building reaches far beyond 2202 W. Sylvester Street and in that sense there could be merit and benefit to the wider community. 3. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. Many of the permitted uses within the C-3 zone would not be appropriate at this location adjacent to residential uses and across the street from a school playground. Conditions are therefore necessary to mitigate the adverse impacts of trucking firms, warehousing, lumber yards and similar uses. 4. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement should be required with this rezone essentially limiting the uses on the property to those currently existing (the credit union and the administrative services building). 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 February 18, 2016 meeting. 5 z 3nb H10Z L as ■ E O O co > % zz aboi 3nb QNZz U) LL oho � W z D p ~V) �,.j £Z abob o� �� w N w .. •--{ � DAV HltpZ � o a and HM: M M V TOM V � M.O Q o V ZZ aeon DAV GNZZ co oho W Z two F-, o � j cz GvUtj r DAV Hlt Z I.-� V • •1• • • i{ 4 �i �1 •� r' �1 r. i� �� 1 � � '� , � �� �. / �' �, 1 t ., i �ly� Fj�e jot WIN IVA *Is LJ bA 0 0 r REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 2015-008 HEARING DATE: 1/21/2016 ACTION DATE: 2/18/2016 APPLICANT: FBA Holdings LLC 3731 N. Ramsey Rd Coeur d'Alene, ID 83815 REQUEST: REZONE: Rezone from R-4 (High -Density Residential) to C-1 (Retail Business) 1. Legal: Lots 5 and 6, Short Plat 2003-21, except the westerly 156 feet thereof. General Location: NW corner of Rd 68 and Three Rivers Dr. Property Size: The site is approximately 18,900 square feet or 0.43 acres 2. ACCESS: The site has access from Road 68 and Three Rivers Dr. 3. UTILITIES: Municipal sewer and water lines currently serve the site. 4. LAND USE AND ZONING: The site is comprised of two parcels currently zoned R-4 and is vacant. Surrounding properties are zoned and developed as follows: NORTH: R-4 - Stone Gate Apartments SOUTH: C-1 - Vacant/GESA Credit Union EAST: R -T - Vacant WEST: R-4 - Proposed Columbia Villas Phase 3 5. COMPREHENSIVE PLAN: The property is in an area of transition between residential and commercial land use designations. In transition areas properties can be zoned to match either of the identified land uses. In this case the applicant is requesting C-1 (Retail Business) zoning. Plan Policy ED -2-13 encourages the development of a wide range of commercial uses strategically located to support local and regional needs. Policy LU -3 -D promotes the idea of mixed use development including neighborhood scale shopping areas within walking distance of residential developments. LU -1-C encourages the clustering of commercial development at key locations. 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 1 Non -Significance (DNS) has been issued for this project under WAC 197- 11-158. ANALYSIS The property was originally subdivided and zoned in 2003. At that time approximately 40 acres of land was zoned for multi -family development between the Columbia East development and Road 68 north of Sandifur Parkway. Over 500 dwelling units will be concentrated in this area once Columbia Villas Phase 3 is built. Rather than building the last Phase of Columbia Villas all the way out to Road 68 the developer is proposing to leave a two acre site at the northwest corner of Three Rivers Drive and Road 68 for a neighborhood commercial center. This would in a sense create a mixed use development allowing a small neighborhood commercial area to be located adjacent to a concentration of high density dwellings. The City's Comprehensive Plan has encouraged the nodal concept of commercial development for over 30 years. Road 68 is an example of an enlarged commercial node where commercial development is center rather than radiating east and west along Sandifur Parkway and other major streets in the area. The proposed rezone would be a minor expansion of the commercial area along Road 68. The site is located at the intersection of an arterial street (Road 68) and a collector street (Three Rivers Drive) more or less qualifying the site as a node on two major streets. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The date the existing zone became effective: The current (R-4) zoning was established in in 2003. 2. The changed conditions, which are alleged to warrant other or additional zoning: With the completion of Columbia Villas Phase 3 over 500 dwelling units will be located within a quarter of a mile from the site. Three Rivers Drive will be built out to Road 68 with the Columbia Villas project causing the site to be surrounded by improved streets. All utilities have been extended past the site to serve the nearby apartment complexes. Road 76 was connected to Three Rivers Drive last year. lA 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: Changing the zoning classification of the site to C-1 will provide a buffer between Road 68 and Columbia Villas to the west. The neighboring multi family complexes will be benefited by future commercial services that will locate on the site as will the residents of Columbia Place. Development on the site resulting from the commercial rezone will contribute to the cost of operating and maintaining the exiting utility services that are already serving the site. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: Surrounding properties are zoned C-1 or R-4. Rezoning the property to C-1 may have a beneficial impact on the surrounding properties in that it will complement the c-1 zoning to the south and provide additional land for neighborhood commercial services that would benefit the multi family complexes to the north and southwest. 5. The effect on the property owner or owners if the request is not granted: The property is owned by a holding company that is responsible for liquidating the old Metropolitan Mortgage properties for the benefit of the retirees that invested in the Metropolitan Mortgage. If the rezone is not granted the retirees will have to wait longer to recoup what is left of their investment. STAFF FINDINGS OF FACT FOR APPROVAL 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 currently zoned R-4 (Office). 2. The site is on road 68. 3. The 2.2 -acre site is located at the intersection of an arterial street and a collector street. 4. The site is fully serviced by exiting utilities. 5. Surrounding properties are zoned C-1 and R-4. 3 6. Over 500 dwelling units will be located around the site after Columbia Villas Phase 3 is completed 7. The Comprehensive Plan identifies the site to be in a land use transitional zone bordering commercial and residential land use designations. 8. The C-1 zone would permit the development of a neighborhood commercial center to serve the surrounding high density residential developments. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a zoning amendment the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.88.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The property is in an area of transition between residential and commercial land use designations. In transition areas properties can be zoned to match either of the identified land uses. Plan Policy ED -2-B encourages the development of a wide range of commercial uses strategically located to support local and regional needs. Policy LU -3 -D promotes the idea of mixed use development including neighborhood scale shopping areas within walking distance of residential developments. LU -1-C encourages the clustering of commercial development at key locations. 2. There is merit and value in the proposal for the community as a whole. There is merit in providing an area for neighborhood retail services near a concentration of multi family housing. The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 3. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. There are no identifiable potential impacts in need of mitigation by way of conditioning. 4. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement does not need to accompany this rezone. 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 February 18, 2016 meeting. 5 �- % f t� _ ROA_ D 76 0 ` f� .Q �1 ® 1 PIP) U ui*Itt t ixf W. WIJ �J �FF. OR LATAH LN C) CIA I--�Iuj SADDLE CREEK . • �"� : NTIV1VHDIlH 2 jr i UJ Ll 1D 1VI1N3 ny � � Q ✓CSO ' ; "�:Z� i .._ � "� . " ` _ �r I Clio i t � � Z LOAPAR TMENTS STONE GAT R-0 LOT4 R-4 z i SCALE: 1"=80' S OT'2 pGF1592) iOFZT 156' ORIGINAL LOT LINES SHORT PLAT No. 200, LEGEND EXISTING R-4 HIGH DENSITY RESIDENTIAL PROPOSED C-1 RETAIL BUSINESS ZONE CHANGE EXHIBIT COLUMBIA VILLAS PHASE/// PASCO, WASHINGTON DECEMBER 21, 2015 o o EX. 10' PUBLIC UTILITY _ EASEMENT \ \\ ick EX. 5'W4 TER LINE �\ EASEMENT \ \\ I OPEO \ \\ 73 uNOEVE� C-1 O 15'SANITARY SEWER EASEMENT \\ \;\ LOT 5 m PROPOSED \ \\ WW C-1 \ \\ 7o 2.02ACRES \ \\ LEGEND EXISTING R-4 HIGH DENSITY RESIDENTIAL PROPOSED C-1 RETAIL BUSINESS ZONE CHANGE EXHIBIT COLUMBIA VILLAS PHASE/// PASCO, WASHINGTON DECEMBER 21, 2015 o o _ LOT 6 y \ \\ ick \ \\ THREE RIVERS DRIVE o I OPEO o LEGEND EXISTING R-4 HIGH DENSITY RESIDENTIAL PROPOSED C-1 RETAIL BUSINESS ZONE CHANGE EXHIBIT COLUMBIA VILLAS PHASE/// PASCO, WASHINGTON DECEMBER 21, 2015 o o _ THREE RIVERS DRIVE o I OPEO o uNOEVE� C-1 LEGEND EXISTING R-4 HIGH DENSITY RESIDENTIAL PROPOSED C-1 RETAIL BUSINESS ZONE CHANGE EXHIBIT COLUMBIA VILLAS PHASE/// PASCO, WASHINGTON DECEMBER 21, 2015 t L O Z •1s P Ll oil :7 0 maw t. ell REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 2016-001 HEARING DATE: 1/21/2016 ACTION DATE: 2/18/2016 APPLICANT: City of Pasco PO Box 293 Pasco, WA 99301 REQUEST: REZONE: Rezone from "C-1" (Retail Business) to R-1 (Low - Density Residential) 1. PROPERTY DESCRIPTION: Legal: Lots 17-32 Block 10, Sylvester's 2nd Addition General Location: 900 Block of W. Court Street. Property Size: 1.35 acres 2. ACCESS: The site has access from Court Street. 3. UTILITIES: Municipal sewer and water lines currently serve the site. 4. LAND USE AND ZONING: The site encompasses half a City block and is currently zoned C-1 (Retail Business). The site contains six houses and a small apartment building. Surrounding properties are zoned and developed as follows: NORTH: C-1 8v R-3 - Various businesses and a four-plex SOUTH: R-1 - Low -Density EAST: "O" - Office WEST: R-1 - Captain Gray Elementary School 5. COMPREHENSIVE PLAN: The property is designated for low-density development. Goal H-1 encourages development of housing for all economic segments of the population. Goal H-3 encourages the preservation of the existing housing stock for current and future residents. Land Use Policy LU -3-13 encourages "infill" development. Other goals and policies suggest the City permit a full range of residential environments including single- family homes (H -2-A) and develop standards that control the scale and density of accessory buildings and homes to maintain compatibility with other residential uses (H-4-13). 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 1 Non -Significance (DNS) has been issued for this project under WAC 197- 11-158. ANALYSIS The south side of West Court Street in the 900 block has been zoned for retail business activities for over 35 years. Years ago it was standard practice to zone major streets extending from central business cores for commercial businesses. This occurred in Pasco along Clark Street, Lewis Street, Columbia Street and Court Street. Commercial zoning along major streets is often referred to as strip commercial zoning and was done to accommodate or encourage commercial development. Many of the commercially zoned areas along the major streets in Pasco were already developed with houses when the zoning was established. Prior to 1982 commercial zoning did not impact housing development because single-family homes were classified as a permitted use in commercial zones. Houses could be built, remodel, enlarged, sold and refinanced in commercial zones without difficulty. Changes in the banking industry over the past 20 years have made it very difficult buy or sell residential properties in commercial zoning districts. The current C-1 zoning has created difficult circumstances for the property owners in the 900 block of West Court Street. The homes in the 900 block of West Court are considered non -conforming uses and as such have become difficult to sell or refinance. When property owners seek to refinance a property the Planning Department is routinely contacted by prospective lenders. Bank agents inquire about zoning and whether or not the current use of the property may be re-established in the event of a major fire or other calamity. Pursuant to the non -conforming uses section of the Zoning Code (PMC Chapter 25.72) if a non -conforming building is damaged to the extent that repair costs exceed 50% of the assessed value the building cannot be re -constructed. Banks often refuse to issue loans for non -conforming uses or will charge exceptionally high interest rates and or require larger down payments. A property owner in the 900 block of West Court recently had a sale of his house fall through because of the C-1 zoning. This has been an ongoing problem in this residential block. Rather than address the problem one lot at a time staff published a hearing notice for a rezone to include the whole block. The block in question has been identified in the City Comprehensive plan for residential development since 1980. From 1980 to 1999 the block was designated for medium -density residential development and has been designated for low-density development since 1999. 2 Zoning the property C-1 many years ago has not resulted in commercial development in the 900 block of West Court Street. The predominant use has remained single-family residential. The residential lots in the 900 block of West Court Street are no sized to be conducive to commercial development. Rezoning the block to R-1 would bring the zoning in to conformance with the land use and the designation of the Comprehensive Plan. Rezoning the block would also benefit the small apartment building at the corner of 10th Avenue and Court Street. The non -conforming provision in the zoning regulation were amended in 2005 to allow non -conforming multi -family structures located in single-family zones to be rebuilt following damage after a fire or other causes. Under the C-1 zoning this apartment building cannot be rebuilt if it was damaged by more than 50% of its value. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The date the existing zone became effective: The current C-1 zoning classification was established over 35 years ago. Houses have been located on the property since 1950. 2. The changed conditions, which are alleged to warrant other or additional zoning: The Comprehensive Plan was amended in 1999 to call for low-density residential development in the 900 block of West Court Street. The main centers for commercial activity within Pasco have bypassed the 900 block of Court Street and given the small size of the lots in this block it is very unlikely commercial development would ever occur in this area. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: Changing the zoning classification of the site to R-1 will support the current and future residential use within the block. Application of a residential zoning will assist in preventing properties from falling into a state of disrepair resulting from the City's inability to issue building permits for substantial remodeling and repair projects. The general welfare of the community would be supported by allowing investment to occur in properties along the 900 block of West Court Street. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: The Comprehensive Plan designates the property for low-density residential uses. Goal H-3 encourages the preservation of the existing housing stock for Q current and future residents. Other goals and policies suggest the City permit a full range of residential environments including single- family homes (H -2-A) and develop standards that control the scale and density of accessory buildings and homes to maintain compatibility with other residential uses (H -4-B). 5. The effect on the property owner or owners if the request is not granted: Under the current zoning classification the property owners have a very difficult time selling or refinancing their properties. Often properties with non -conforming zoning suffer deferred maintenance because owners become disinterested in investing in maintenance costs. This can lead to blighted sites which may lead to economic disinvestment in the immediate vicinity. It is in the best interest of the City to protect against the establishment and spread of blight. STAFF FINDINGS OF FACT FOR APPROVAL 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 currently zoned C-1 (Retail Business). 2. The 1.35 -acre site is part of a residential subdivision that contains six single-family homes and one apartment building. There are no commercial structures on the property. 3. The property was platted in 1890 with narrow 25 foot wide lots not conducive for modern commercial development needs. 4. The 900 block of West Court Street has been occupied with houses since 1950. 5. Prior to 1999 the Comprehensive Plan designated the property for medium -density residential uses. Since 1999 the property has been designated for low-density residential uses. 6. The property has been zoned commercially for over 35 years and no commercial development has occurred on the block in that time frame. 7. The current C-1 zoning makes it difficult for home owners to obtain refinancing for home repairs and remodels. 9 CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a zoning amendment the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.88.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The Rezoning the property to R-1 would bring the property into conformance with the land use map of the Comprehensive Plan and with Goal H-3 that encourages the preservation of the existing housing stock for current and future residents. 2. There is merit and value in the proposal for the community as a whole. The proposal is supported by the Comprehensive Plan and provides an opportunity for the housing stock to be maintained and improved as a result the rezone will a value to the community. 3. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. There are no identifiable potential impacts in need of mitigation by way of conditioning. 4. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement does not need to accompany this rezone. RECOMMENDATION MOTION: I move to close the hearing on the proposed rezone and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the February 18, 2016 meeting. 5 e C tea.17' 4t f �a:Faa and H1L r (• Cit �' \ .Y:�' Or ( GI I— - r—I 3AV 4H, 18 Ct r s J. i o � r, CID Fco �. i# .a ® and H16: s • r �t . . Q 3Ad HlO ILUJI -I 4 pp 3Ad Hl0I s � �I e .r x--17 �� ct a./ V l�^J I. a� 1� tY . . Q 3Ad HlO ILUJI -I 4 pp 3Ad Hl0I s � �I e .r x--17 I. a� 1� tY . . Q 3Ad HlO ILUJI -I 4 pp 3Ad Hl0I s � �I e .r x--17 • L L cU U ant! HIL .V � O � U rl m 3nti Hl8 (n ^ ui f 'L^ O O VZ / O Q ant/ Hl6 VA V �J . . 3AV Hlol ..=it 3nv Hlo� � E = L d t 0 V U cn � W TOM 1, 3IAV HIL 4-4O I � r 1 � � m 3nb' H18 O U Ct Ct F uj o F o Cjn V °° r---a 0 3AV Hl6 O -4-4N V ci ct 3AV HIOI 3AV HlOI •PON % V o N • •ll •il • ell • • 44.. 4 e Iv t �` 'y��`Y •a, 'i r h bb O O J REPORT TO PLANNING MASTER FILE NO: (MF# ZD2016-001) ACTION DATE: 1/21/2016 APPLICANT: City of Pasco PO Box 293 Pasco, WA 99301 REQUEST: Develop zoning recommendation for the Thorne Annexation Area. 1) AREA ID: Area Size # of Dwellings Population Thorne Annexation 1.09 acres 1 7 2) UTILITIES: City water and sewer lines are located in Aintree Lane on the east side of the property. Water and sewer lines are also located in Road 60 to the south of the FCID canal. 3) LAND USE AND ZONING: The proposed annexation area is currently zoned R -S-20 under the County zoning and contains a house and a shop. Surrounding properties are zoned and developed as follows: NORTH: C-1 - Commercial Strip Center SOUTH: C-1 - Fire Station # 83 EAST: R-1 - Single -Family Residences WEST: RS -20 - Single -Family Residences 4) COMPREHENSIVE PLAN: The proposed annexation site is in an area of transition between a low-density and mixed residential land use designations and can be consider for either low-density residential development or medium -density development. The Chapel Hill development to the east of the site is designated for mixed residential development and has been zoned R-4, R-3 and R-1. Plan Policy H -1-A encourages the location of medium and high density housing near arterial streets. Policy H -1-B suggests medium and high density housing should be located to avoid the need for access through lower density neighborhoods. The Comprehensive Plan also suggests the City should strive to maintain a variety of housing option for Pasco residents including townhouses, condominiums, and apartments (H -2-A). 5) 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 Thorne Annexation site contains one single-family dwelling built in 1967 and a large shop built about 15 years ago. The proposed site is located on the east side of Road 68 which is a major arterial street that connects much of west Pasco to I-182. In determining the most appropriate zoning for the annexation area the Planning Commission needs to consider the existing land uses, development patterns, current County zoning, policies of the Comprehensive Plan and the land use designations of the land use map. The Planning Commission also needs to be guided by the criteria in PMC 25.88.060 (as discussed below) in developing a zoning recommendation. The properties to the north and south of the proposed annexation area are zoned C-1 (Retail Business) with the north being developed with a commercial building and a Maverik gas station and the southern property being developed with Fire Station # 83. The parcel to the northeast across Aintree Lane is zoned R-4 and the parcel to the east is currently vacant and zoned R-1. The property owner has a pending application to change the zoning on this parcel to R-3. In 2013 the Council approved a preliminary plat for a small development on the vacant parcel. However, due to the topography of the site and the cost of utility services the development was not financially feasible. A new developer is willing to try developing the site with a product that will hopefully carry the cost of the infrastructure. Additional housing units are required to cover the cost of bringing sewer under the FCID canal to the property; hence the rezone request to R-3. The Comprehensive Plan identifies the vacant parcel for mixed residential uses however, for the property to qualify for R-3 zoning primary access needs to be from an arterial street. The need for arterial street access is the driving force behind the proposed annexation request. The proposed annexation site is in an area of transition between a low- density and mixed residential land use designations and can be consider for either low-density residential development or medium -density development. However, being located on a major street it would be more appropriate to consider R-3 zoning for the site. The initial review criteria for considering a rezone application are explained in PMC 25.88.030. The criteria are listed below as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: • The property is located within the Pasco Urban Growth Boundary. 2 • The property in question may be annexed to the City of Pasco. • The property is located on a major high traffic volume street between two properties zoned C-1 Retail Business. • Upon annexation the area will need to be zoned. • All properties to the north, east and south have been annexed to the City. • The Chapel Hill subdivision to the east is nearing completion. This is a mixed use development containing C-1, R-4, R-3 and R-1 zoning. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare. The property may be annexed to the City and will need to be zoned. The justification for the rezone is the fact that if a zoning designation is not determined the property could become annexed without a zoning. For the advancement of the general welfare of the community the property needs to be zoned consistent with the established development patterns. 3. The effect rezoning will have on the nature and value of adjoining property and the Comprehensive Plan. Zoning the proposed annexation area to R-3 will have minimal to no impact on surrounding properties and will support the Comprehensive Plan policies (Policy H -1-A) that encourage the location of medium and high density housing near arterial streets. The proposed rezone also supports Policy H-1-13 that suggests medium and high density housing should be located to avoid the need for access through lower density neighborhoods. In other areas of the community, including the Chapel Hill subdivision, where multi -family development adjoins single-family development Franklin County records indicate there is no diminution of value for either single- family homes or multi -family structures. 4. The effect on the property owners or owner of the request is not granted. Without the annexation area being assigned a specific zoning district, the area will essentially be un -zoned upon annexation. The area needs to be zoned for the benefit of the property owners and property owners adjoining the proposed annexation area. 5. The Comprehensive Plan land use designation for the property. Policies of the Comprehensive Plan suggest the annexation area could be rezoned for higher density residential uses. The site is in a transition area between a mixed and low-density residential area and could be zoned for low-density or medium -density residential. However, the policies of the Plan support an R-2 or R-3 zoning designation. K FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1) The site is within the Pasco Urban Growth Boundary. 2) The Urban Growth Boundary was established by Franklin County in 1994. 3) The property is being proposed for annexation by March 2016. 4) The annexation site is located in an area of transition on the land use map and as such the site has the opportunity to be zoned for low-density or medium density land uses. However policies of the Plan support R-2 or R-3 zoning. 5) Properties to the north and south of the annexation site are zoning C-1 Retail Business. Properties to the northeast of the site across Aintree Lane are zoned R-4 and contain a large apartment complex (The Crossings at Chapel Hill) 6) The site is located on Rd 68 which is classified as an arterial street. Road 68 is one of the main streets in the community that provides access to I-182 and to the commercial center north of 1-182. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Planning Commission must develop its conclusions from the findings of fact based upon the criteria listed in PMC 25.88.060 and determine whether or not: (1) The proposal is in accord with the goals and policies of the Comprehensive Plan. Zoning the proposed annexation site to R-3 is supported by Plan Policy H - 1-A and H -1-B. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. Rezoning the proposed annexation site to R-3 will have minimal impact of the surrounding commercial zoned properties and may allow the property to the east to be developed to provide variety in housing opportunities for Pasco residents. (3) There is merit and value in the proposal for the community as a whole. C! There is merit and value in following the guidance of the Comprehensive Plan when assigning zoning to properties within the community. Policies of the plan suggest this property should be zoned for medium density residential uses. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The rezone site is located on a major street between to C-1 properties as a result there is no need to impose mitigation measures. Additionally, rezoning the property to R-3 is supported by policies of the Comprehensive Plan further suggesting no mitigation measures are needed. (5) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. STAFF RECOMMENDATION A public hearing has been scheduled on the proposed Thorne Annexation for February 1, 2016. The zoning determination therefore needs to be completed by the Planning Commission on January 21, 2016. MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the January 21, 2016 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council zone the Thorne Annexation Area to R-3, as indicated on the zoning map identified as Exhibit # 1 attached to the January 21, 2016 staff report. 5 IV 'SOOOj��by� O z a� N b7N° 4g Q v9 °v NT,�a wn8a31Nb° � ct z Hi 13 o V/ ° N'lOnO3 U 3 nby 4 Hl m N7Tom N H°aBo� t W O � a U •.0 U M Ct W O AINTREE D R-3 +, U N ROAD B8 N w �N co LV ~N� co � T •• o V (Aunoo) OZ -S21 �� OONN% � r � O Cl)V p Q N aN Y) 11 Pd p � { Sy Pd *4 14, 11 u II Lftl�, I *4