HomeMy WebLinkAbout06-16-2016 Planning Commission Meeting PacketPLANNING COMMISSION - AGENDA
REGULAR MEETING
I. CALL TO ORDER:
II. ROLL CALL:
III. PLEDGE OF ALLEGIANCE
7:00 P.M.
Declaration of Quorum
May 19, 2016
IV. APPROVAL OF MINUTES: May 19, 2016
V. OLD BUSINESS:
A. Special Permit Location of a Car Lot in a C-1 (Retail Business)
Zone (Adriana Robledo) (MF# SP 2016-006)
VI. PUBLIC HEARINGS:
A. Preliminary Plat
B. Rezone
VII. WORKSHOP:
VIII. OTHER BUSINESS:
IX. ADJOURNMENT:
Preliminary Plat for Columbia Terrace (Big Creek
Land Company) (MF# PP 2016-001)
Rezone from R-1 (Low Density Residential) to "O"
(Office) (Anidas Guerera) (MF# Z 2016-003)
This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and streamed at
www.pasco-wa.com/psctvlive.
Audio equipment available for the hearing impaired; contact staff for assistance.
REGULAR MEETING
PLANNING COMMISSION MEETING
CALL TO ORDER:
The meeting was called to order at 7:OOpm by Chairman Cruz.
POSITION MEMBERS PRESENT MEMBERS ABSENT
No.
1
No.
2
No.
3
Paul Mendez
No.
4
Alecia Greenaway
No.
5
Joe Cruz
No.
6
Loren Polk
No.
7
Zahra Khan
No.
8
Pam Bykonen
No.
9
APPEARANCE OF FAIRNESS:
Tanya Bowers
Kurt Lukins
Gabriel Portugal
May 19, 2016
Chairman Cruz read a statement about the appearance of fairness for hearings on land
use matters. There were no declarations.
Chairman Cruz then asked the audience if there were any objections based on a conflict
of interest or appearance of fairness question regarding the items to be discussed this
evening. There were no objections.
ADMINISTERING THE OATH:
Chairman Cruz explained that state law requires testimony in quasi-judicial hearings
such as held by the Planning Commission be given under oath or affirmation. Chairman
Cruz swore in all those desiring to speak.
APPROVAL OF MINUTES:
Commissioner Khan moved, seconded by Commissioner Greenaway that the minutes
dated April 21, 2016 be approved. The motion passed 3 to 2 with Commissioner Bykonen
and Chairman Cruz abstaining.
OLD BUSINESS:
A. Code Amendment Home Occupations/Client Present (MF# CA 2015-
007)
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the code
amendment application for client -present home occupations. He stated that this item has
been discussed during workshops and staff had included input from the Planning
Commissioners. An email from Commissioner Bowers, who was unable to attend the
-1-
meeting, was handed out to the Planning Commission prior to the meeting regarding her
input on the code amendment which requested more time be given per client rather than
just 2 hours per client. Staff recommended that the Planning Commission review the
motions in the staff report and recommend an approval of this code amendment to City
Council.
Chairman Cruz stated that he was comfortable with changing the code to allow each client
4 hours rather than 2 hours, since the number of clients per day and the timeframe
clients could visit the home were still limited.
Commissioner Khan asked if there needed to be a time limit for individual clients.
Commissioner Polk stated that at previous meetings it was discussed that from a code
enforcement standpoint, it would be easier to enforce if there was some timeframe given.
Chairman Cruz responded that 4 hours would strike a balance between enforcement and
allowing clients the time they need.
Commissioner Polk agreed with Chairman Cruz but wanted to be cautious about enforcing
the code.
Commissioner Khan asked if daycares fall under in-home occupations.
Chairman Cruz stated yes, however they are different and require a special use permit.
Commissioner Mendez supported the 4 hour time limit on clients.
Commissioner Bykonen was in agreement with Commissioner Khan in eliminating a
timeframe per client in the code, however, due to the code enforcement component, she
stated that she would be in support with the 4 hour time limit on clients.
Commissioner Khan moved, seconded by Commissioner Polk, the Planning Commission
adopt the findings of fact as amended on client -present home occupations. The motion
passed unanimously.
Commissioner Khan moved, seconded by Commissioner Polk, the Planning Commission
recommend the City Council adopt the amended proposed code amendments for client -
present home occupations as amended. The motion passed unanimously.
PUBLIC HEARINGS:
A. Special Permit Location of a Car Lot in a C-1 (Retail Business) Zone
(Adriana Robledol IMF# SP 2016-0071
Chairman Cruz read the master file number and asked for comments from staff.
Dave McDonald, City Planner, discussed the special permit for the location of a car sales
lot in a C-1 (Retail Business) Zone. He reviewed the history of code provisions on car sales
-2-
in C-1 zones where service stations used to be located that require special permits in C-1
zones.
Commissioner Khan asked if staff could show on a map where other car sale lots are
located in the general vicinity.
Mr. McDonald referenced one on 5th Avenue and Columbia and another one on Lewis
Street, however both were further than 300 feet from the proposed car sales lot.
Chairman Cruz asked if there is a limitation on the number of cars that could be sold at
the lot.
Mr. McDonald responded that the staff report does not limit the number of cars but the
size of the lot and number of required parking spaces will determine how many cars they
could have on the lot.
Commissioner Polk asked if security lighting was addressed in the staff report.
Mr. McDonald responded that it had not.
Chairman Cruz added that such things will be looked at later when they get their business
license and permit.
The applicant was in attendance but chose not to add anything for the record.
With no further comments the public hearing closed.
Commissioner Greenaway moved, seconded by Khan, to close the public hearing and
schedule deliberations, the adoption of findings of fact and development of a
recommendation of City Council for the June 16, 2016 meeting. The motion passed
unanimously.
With no further discussion or business, the Planning Commission was adjourned at
7:15 p.m.
Respectfully submitted,
David McDonald, City Planner
-3-
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP2016-006 APPLICANT: Adriana Robledo
HEARING DATE: 5/19/2016 1704 Marsh Rd.
ACTION DATE: 6/16/2016 Yakima, WA 98901
BACKGROUND
REQUEST: SPECIAL PERMIT: Location of an auto sales lot in a C-1 (Retail
Business) Zone
1. PROPERTY DESCRIPTION:
Legal: Parcel # 112043146 & 112043155: Lots 25-30 Block 15, Gerry's
Addition
General Location: The 609 West Lewis Street
Property Size: The parcel is contains about 20,900 sq. ft. The existing
building on the property occupies 1,548 square feet.
2. ACCESS: The site is accessed from West Lewis Street
3. UTILITIES: All municipal utilities are currently available to serve the site.
4. LAND USE AND ZONING: The site is currently zoned C-1 (Retail
Business). The site is fully paved and contains an old service station
building that is currently vacant. Surrounding properties are zoned and
developed as follows:
NORTH: R-2 & C-1 -Commercial retail/ office uses
SOUTH: C-3 - Auto Repair
EAST: C-1 & C-2 - Vacant & Commercial Retail
WEST: C-1 & C-3 - Commercial retail
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for
Commercial uses. Although the Plan does not specifically address vehicle
sales, Policy LU -4-13 encourages planning for commercial centers that
promote functional and economic marketing and operations. In other
words the Plan encourages the concentration of businesses that are
functionally and economically beneficial to be located together.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. Based on the SEPA checklist, the adopted City
Comprehensive Plan, City development regulations, and other
information, a threshold determination resulting in a Determination of
Non -Significance (DNS) has been issued for this project under WAC 197-
11-158.
1
ANALYSIS
The applicant is seeking special permit approval to locate a retail vehicle sales
business in a C-1 (Retail Business) zone.
The Pasco Municipal Code (PMC) lists retail automotive sales as a permitted
conditional use in the C-1 zone provided the site meets the following additional
criteria:
a) The site is adjacent the intersection of two arterial streets, or;
b) The site is adjacent a single arterial street; provided it is not adjacent to
or across a public street right-of-way from a residential district, and would not
be located closer than 300 feet to any existing car lot.
The site contains an old service station, is adjacent to an arterial street and is
not adjacent to or across a public street right-of-way from any residentially
zoned parcels (although residential uses exist directly to the north across an
alley) nor is it closer than 300 feet from any other existing car lot. The proposal
therefore meets the criteria to be considered for a special permit.
The site was originally developed in the 1960's with a service station.
Automotive related businesses have occupied the site since 1963. In addition
to containing a service station the site has been used for automotive repairs,
automotive detailing and vehicle rentals. An auto repair shop and detail shop
recently moved from the property.
Within two blocks of the site there are seven automotive related businesses.
These businesses include an auto body shop, several auto repair shops, a
window tinting facility, an audio facility and a car sales lot (the car sales lot is
about 400 feet from the site).
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 zoned C-1 (Retail Business).
2. The site is currently vacant
3. The most recent business activity on the site included auto repair and
auto detailing
2
4. The property has been used for automotive related businesses for 53
years.
5. Car sales are a conditional use in C-1 zone.
6. The term "conditional use" means auto sales may be approved under
certain circumstance and conditions in one location and not in another
location. The Special Permit review process is used to determine whether
or not a conditional use would be appropriate in a given location.
7. For a C-1 property to qualify for special permit review for a car sales lot,
the property in question would have to either be located at the
intersection of two arterial streets or be located on one arterial street and
not adjacent to or across a public street right-of-way from residentially
zoned properties. A proposed site must also be more than 300 feet from
another auto sales business.
8. In the early 1980's the zoning regulations were amended to add
Automobile sales as a Permitted Conditional Use in the C-1 zone.
9. The Permitted Conditional Uses of PMC 25.42.040 were amended in
1981 to address a growing concern about how to reuse many of the old
service stations in town that had closed. After closing, it was difficult for
the old gas station to be reused because they were built for a single
purpose related to servicing vehicles. The C-1 zone was amended to
specifically allow the adaptive reuse of old service station for car sales
lots.
10. The building on the site was originally built as a service station.
11. Applying of a Special Permit does not guarantee a special permit
application will receive approval.
12. Seven automotive related businesses are located within two blocks of the
property.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must develop findings of fact from which to draw its conclusions
based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows:
(1) Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
The Comprehensive Plan designates this area for commercial
development. Policy LU -1-1) encourages the clustering commercial
development at major intersections. Policy LU -4-13 encourages the
concentration of activities which are functionally and economically
3
beneficial to each other. There are seven automotive related businesses
within two blocks of the proposed site.
(2) Will the proposed use adversely affect public infrastructure?
The proposed use is located along a major arterial and places minimal
demands on the established infrastructure systems. Other permitted
uses such as restaurants and taverns would place a greater demand on
the public infrastructure than this proposed use.
(3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
The proposed use is consistent with the long established uses that have
occurred on the site. There are seven automotive related businesses
within two blocks of the proposed 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 proposal involves display of automobiles. Therefore location and
height of structures is not an issue. The existing service station building
will not be altered.
(5) Will the operations in connection with the proposal be more objectionable to
nearby properties by reason of noise, fumes, vibrations, dust, traffic, or
flashing lights than would be the operation of any permitted uses within
the district?
The proposed use will not create more traffic, flashing lights, fumes or
vibrations than many of the permitted uses, such as convenience stores
or fast food restaurants.
(6) Will the proposed use endanger the public health or safety if located and
developed where proposed, or in any way become a nuisance to uses
permitted in the district?
The proposed use is less intense in terms of impact on public health and
safety than many of the permitted uses within the district. Some of the
nearby parking lots will contain as many cars as the proposed auto sales
lot.
9
RECOMMENDATION
MOTION: I move to adopt findings of fact and conclusions
therefrom as contained in the June 16, 2016 staff report.
MOTION: I move, based on the findings of fact and conclusions
therefrom, the Planning Commission recommend the City Council
grant a special permit for the location of an auto sales lot at 609 West
Lewis Street, with conditions as listed in the June 16, 2016 staff
report.
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REPORT TO PLANNING COMMISSION
MASTER FILE NO: PP 2016-001 APPLICANT: Big Creek Land Company
HEARING DATE: 6/16/2016 1950 W. Bellerive Ln.
ACTION DATE: 7/21/2016 Coeur d'Alene, ID 83814
BACKGROUND
REQUEST: Preliminary Plat: Columbia Terrace, 144 -Lots (Planned Density
Development Plat)
1. PROPERTY DESCRIPTION:
Legal: SW Quarter of the SW Quarter of Section 5, T9N,
R29E, WM
General Location: The N/E corner of Broadmoor Blvd. & Power Line Rd.
Property Size: 40.88Acres
Number of Lots Proposed: 144 single-family lots
Square Foota5ze Range of Lots: 6,010 ft2 to 15,343 ft2
Averap-e Lot Square Footage: 9,075 ft2
2. ACCESS: The property will have access from Broadmoor Blvd. and
Power Line Rd.
3. UTILITIES: Municipal water and sewer service are in Broadmoor
Boulevard to the south.
4. LAND USE AND ZONING: The site is zoned R-1 (low -Density
Residential). Surrounding properties are zoned and developed as follows:
NORTH: AP -20 - Agriculture (County Zoning)
SOUTH: R-1 - Single -Family
EAST: R-1 - Vacant/Agriculture (Future school site))
WEST R-1 & RS -1 - Vacant
S. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is
intended for low-density residential development. According to the
Comprehensive Plan, low-density residential development means 2 to 5
dwelling units per acre. The criteria for allocation under the future land
use section of Volume II of the Comprehensive Plan (Vol. II, page 17)
encourages development of lands designated for low-density residential
uses when or where: sewer is available, the location is suitable for home
sites, and there is a market demand for new home sites Policy H -1-E
encourages the advancement of home ownership and Goal H-2 suggests
the City strive to maintain a variety of housing options for residents of
the community. Goal LU -2 encourages the maintenance of established
neighborhoods and the creation of new neighborhoods that are safe and
enjoyable places to live.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. Based on the SEPA checklist, the adopted City
Comprehensive Plan, City development regulations, and other information, a
threshold determination resulting in a Determination of Non -Significance
(DNS) has been issued for this project under WAC 197-11-158.
ANALYSIS
The project site is located immediately east of Broadmoor Boulevard and north
of Power Line Road. The site is relatively flat with a few undulating dunes and
slopes slightly from the north to the south. Thirty-four acres of the site is
currently being farmed and about 6 acres are vacant.
The site was initially designated for low-density residential development under
the 1982 Comprehensive Plan and again under the 1995 Plan and the updated
Plan of 2007. The R-1 (Low -Density Residential) zoning was established in
when the property was annexed on June 1, 2016.
The applicant is proposing to subdivide the site into 144 lots through the
Planned Density Development process. The Planned Density Development
process was designed to provide a degree of flexibility for residential
development in the City. Essentially the under lying zoning is used to
determine the number of building lots permitted within a proposed plat. Lots
can to be varied in size, some smaller and some larger than the minimum
(7,200) specified by R-1 zoning. However the total number of lots cannot exceed
what the zoning permits under the minimum requirements. In this case R-1
zoning will permit 185 lots on the site. The developer is proposing only 144
lots ranging in size from 6,010 square feet to 15,343 square feet. The average
lot size will be 9,075 square feet. Most of the subdivisions within the 1-182
Corridor were developed under the Planned Density process.
LOT LAYOUT: The proposed Plat contains 144 residential lots. The lots vary
in size from 6,010 square feet to 15,343 square feet. The proposal is consistent
with the density requirements of the R-1 zoning on the site.
RIGHTS-OF-WAY: All lots have frontage on streets which will be dedicated.
UTILITIES: Municipal water and sewer lines are located in Broadmoor
Boulevard to the south of Power Line Road. The developer will be responsible
for extending utilities into the Plat. The Comprehensive Sewer Plan calls for a
30 -inch sewer interceptor to be located in Power Line Road. The interceptor will
z
not be installed in time to serve the proposed plat therefore the developer will
be installing a temporary line that will connect to the existing sewer line in
Nottingham Drive. Upon installation of the interceptor the temporary line to
Nottingham Drive will be abandoned.
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 less than 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 proposed street names will need to be modified to avoid
conflict with existing street names in the City.
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.
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":
Prevent Overcrowding: Density requirements of the R-1 zone are designed to
address overcrowding concerns. The Comprehensive Plan suggests the property
in question be developed with 2 to 5 dwelling units per acre. The proposed Plat
has a density of approximately 3.5 units per acre. No more than 40 percent of
each lot is permitted to be covered with structures per the R-1 standards.
3
Parks Opens Space/Schools: City parks are located in Columbia Place and
Island Estates to the east and south. 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 dwelling unit at the time of building permit
issuance.
Effective Land Use/Orderly Development: The Plat is laid out for single-
family development as identified in the Comprehensive Plan. The maximum
density permitted under the Comprehensive Plan is 5 dwelling units per acre.
The developer is proposing a density of 3.5 units per acre. The proposed
development will include improvements to both Power Line Road and
Broadmoor Boulevard.
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 144
residential building lots, providing an opportunity for the construction of 144
new dwelling units in Pasco.
Adequate Air and Light: The maximum lot coverage limitations, building
height restrictions 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 power Line
Road and Broadmoor Boulevard. 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 & Maps: The Comprehensive Plan designates
the Plat site for low-density residential development. Policies of the
4
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 currently under agricultural production with the exception of
6 acres at the corner of Power Line Road and Broadmoor Boulevard.
• The site is not considered a critical area, a mineral resource area or a wet
land.
• The Comprehensive Plan identifies the site for low-density residential
development.
• Low-density residential development is described in the Comprehensive
Plan as two to five dwelling units per acre.
• The site is zoned R-1 (Low -Density Residential).
• The site was zoned R-1 when it was annexed in June of 2016.
• 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.
• Per the ITE Trip Generation Manual 8th Addition the proposed
subdivision, when fully developed, will generate approximately 1,440
vehicle trips per day.
• The current traffic impact fee is $709 per dwelling unit. The impact fees
are collected at the time permits are issued and said fees are used to
make traffic improvements and add traffic signals in the 1-182 Corridor
when warranted.
• The current park impact fee is $1,386 per dwelling unit. The fee can be
reduced by 58 percent if a developer dedicates a five acre park site to the
City. The dedication of a fully constructed park reduces the fee by 93
percent.
• 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.
5
• 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.
• 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:
D
(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 Big Bend Electric, the
Pasco School District, Cascade Gas, Charter Cable and Ben -Franklin Transit
Authority for review and comment.
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 arterial street
improvements along Power Line Road and Broadmoor Boulevard.
(3) The proposed subdivision conforms to the policies, maps and
narrative text of the Comprehensive Plan;
The Comprehensive Plan land use map designates the site for low-density
residential development. Low-density residential development is described as 2
to 5 dwelling units per acre in 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 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 vision triangle at the intersection of streets. The City may
make repairs or replace the fencing as needed. Property owners
adjoining said fence shall be responsible for payment of all costs
associated with maintenance and upkeep. These fencing requirements
shall be noted clearly on the face of the final plat(s). A concrete mow strip
shall be installed under any common fence as directed by the City Parks
0
Division and shall be approved by the Parks Department prior to
installation.
4. A common solid fence must be installed along the eastern boundary of
the proposed plat adjacent to the school site.
5. Excess right-of-way along Power Line Road and Broadmoor Boulevard
must be landscaped. Said landscaping shall include irrigation, turf and
trees. Trees shall be planted at 50 foot intervals. The species of the trees
will be determined by the Parks Department. All landscaping and
irrigation plans shall be reviewed and approved by the Parks Department
prior to installation. Water usage for City right-of-way landscaping shall
come from a source by the City of Pasco with the connection and meter
fees paid for by the developer.
6. The developer/ builder shall pay the City a "common area maintenance
fee" of $475 per lot upon issuance of building permits for homes. These
funds shall be placed in a fund and used to finance the maintenance of
arterial boulevard strips. The City shall not accept maintenance
responsibility for the landscaping abutting said streets until such time as
all fees are collected for each phase that abut said streets.
7. Lots abutting Power Line Road and Broadmoor Boulevard shall not have
direct access to said streets. Access shall be prohibited by means of
deed restrictions or statements on the face of the final plat(s).
8. The final plat(s) shall contain a 10 -foot utility easement parallel to all
streets unless otherwise required by the Franklin County PUD.
9. 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".
RECOMMENDATION
MOTION: I move to close the hearing on the proposed preliminary plat and
set July 21, 2016 as the date for deliberations and the
development of a recommendation for the City Council.
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MASTER FILE NO: Z 2016-003 APPLICANT: City of Pasco
HEARING DATE: 6/16/2016 PO Box 293
ACTION DATE: 7/21/2016 Pasco, WA 99301
BACKGROUND
REQUEST: REZONE: Rezone from "R-1" (Low -Density Residential) to "O"
(Office)
1. PROPERTY DESCRIPTION:
Leval: Lots 14-16 Block 11, Helms 2nd Addition
General Location: 1731 W. Clark Street.
Property Size: 10,018 sq. ft.
2. ACCESS: The site has access from W. Clark Street and 18th Avenue.
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:
R-1
— Single -Family
SOUTH:
C-1
— Commercial Strip building
EAST:
"O"
— Single -Family
WEST:
C-1
— Value Inn Motel
5. COMPREHENSIVE PLAN: The property is in an area of transition
between a residential and commercial land use designation. In transition
areas properties can be zoned to match either of the identified land uses.
Goal ED -1 encourages the City to maintain economic development as an
important and ongoing City initiative. ED -2-13 suggests there ought to be
a wide range of commercial and industrial uses strategically located
within the City to support local and regional needs.
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 owner of 1731 W. Clark Street has applied to change the zoning
classification of his two parcels from R-1 to "O". The current zoning for the
property was established prior to 1950. The property is developed with a
professional office that has been located on the property since 1959. The office
building was used as a chiropractic office for many years and is currently an
accounting office.
The early zoning codes for the City permitted the location of office uses in
residential zones for physicians, dentists and other professionals. These offices
however were supposed to be located within the professional provider's home.
The provisions for professional service offices in residential zoning districts
were removed from the code in 1982.
The building in question was originally built as an office and was never a home.
How it was approved for a building permit in 1959 is unclear. However it was
generally accepted as a permitted use for many years. The permitted use
status of the building changed in 1982 when professional offices were deleted
as an accessory use in residential districts. Since 1982 professional offices
have been considered a non -conforming uses in residential zones. The office
function on the property has changed slightly over the years but the non-
conforming status has remained secured. The fact that the office use of the
property is considered non -conforming has been problematic for the property
owners over the years. The non -conforming status creates difficulties for
financing, refinancing and obtaining insurance. As a result the current
property owner is seeking a rezone to bring the zoning and land use into
conformance.
The properties to the south and west of the site are zoned C-1 and developed
with commercial uses. The old law office (now a day care center) at the
northwest corner of 18th and Bonneville is also zoned C-1. The office property
in question provides a buffer between the more intense commercial uses to the
south and west from the less intense residential uses to the east and
northeast. Office zoning is commonly used to create buffer areas between
commercial businesses and residences and that is one of the purposes for the
Office District.
Another issue to consider with this rezone request is the fact the office building
has been located on the property for 57 years alongside the adjoining homes.
The homes were built in 1949. There is a long history of compatibility between
the homes and the office building. The proposed rezone supports that history.
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 R-1 zoning classification was established over 65 years ago. The
existing office building was built on the property in 1959 about 10 years after the
adjoin houses were built.
2. The changed conditions, which are alleged to warrant other or additional
zoning:
The office building has been a part of the neighborhood character for over five
decades. In 1982 the zoning code was amended to eliminate offices from
residential zones. The most significant changes in the neighborhood have been
the intense redevelopment of the C-1 property directly south of the office building
and the deterioration of the old Apple Inn directly to the west of the office
building.
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 "O" will support current efforts to
maintain and improve the existing office building. Non -conforming buildings
often fall into a state of disrepair resulting from code limitations on the amount of
improvements that are allowed to be undertaken. The general welfare of the
neighborhood would be supported by having the building well maintained.
4. The effect it will have on the value and character of the adjacent property
and the Comprehensive Plan:
Rezoning the property will have a positive long term impact on the value and
character of the neighborhood because investments will be permitted to maintain
and enhance the value of the property. The site is in an area of transition on the
land use map of the Comprehensive Plan and can be rezoned to "O".
5. The effect on the property owner or owners if the request is not granted:
Under the current zoning classification the property owner has a very difficult
time selling or refinancing his property. 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 blighting conditions.
3
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 R-1 (Low -Density Residential).
2. Zoning regulation prior to the 1950's allowed professional offices in
residential zones.
3. The office on the property in question was permitted and built in 1959.
4. The building was originally used for medical purposes.
5. The office building on the site was built 10 years after the homes on the
lots to the east and northeast.
6. The office building has been part of the neighborhood character for 57
years.
7. The use and management of the office building has not generated
complaints from adjoin residential property owners.
8. In 1982 all authorization for the location of professional offices in
residential zones was removed from the zoning regulations.
9. All office buildings in R-1 zones became non -conforming in 1982.
10. The current R-1 zoning makes it difficult for property owners to obtain
financing or refinancing to purchase, repair or upkeep the property.
11. The office building provides a buffer between the nearby homes and the
more intense commercial properties to the south and west.
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 "O" would bring the property into conformance with
the land use map of the Comprehensive Plan and with Goal ED -1 that
El
encourages the City to maintain economic development as an important and
ongoing City initiative.
2. There is merit and value in the proposal for the community as a whole.
The proposal has merit and value to the community because the rezone will
enable an existing office building to be maintained where it has been located for
57 years and will ensure resources can be made available for the long term
upkeep of the building and prevent it from becoming a blight to the neighborhood.
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
set July 21, 2016 as the date for deliberations and the
development of a recommendation for the City Council.
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