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Czebotar) (MF# SP 2015-0161 - WITHDRAWN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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
MOTION: I move based on the Findings of Fact and Conclusions, as
adopted, the Planning Commission recommend the City Council
approve the Preliminary Plat for Road 84 Estates with conditions
as listed in the January 21 2016 staff report.
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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.
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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.
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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
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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.
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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.
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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.
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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
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DEVELOPMENT
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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.
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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.
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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.
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LEGEND
EXISTING R-4 HIGH DENSITY RESIDENTIAL
PROPOSED C-1 RETAIL BUSINESS
ZONE CHANGE EXHIBIT
COLUMBIA VILLAS PHASE///
PASCO, WASHINGTON
DECEMBER 21, 2015
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LEGEND
EXISTING R-4 HIGH DENSITY RESIDENTIAL
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ZONE CHANGE EXHIBIT
COLUMBIA VILLAS PHASE///
PASCO, WASHINGTON
DECEMBER 21, 2015
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LEGEND
EXISTING R-4 HIGH DENSITY RESIDENTIAL
PROPOSED C-1 RETAIL BUSINESS
ZONE CHANGE EXHIBIT
COLUMBIA VILLAS PHASE///
PASCO, WASHINGTON
DECEMBER 21, 2015
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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
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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
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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.
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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.
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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.
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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
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