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HomeMy WebLinkAbout01-19-2017 Planning Commission Meeting PacketPLANNING COMMISSION - AGENDA REGULAR MEETING I. CALL TO ORDER: II. ROLL CALL: III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES: V. OLD BUSINESS: A. Special Permit 7:00 P.M. Declaration of Quorum December 21, 2016 January 19, 2017 Location of a Church in a C-1 (Retail Business) Zone (Omar Ramirez/CLUE Church) (MF #SP 2016-016) B. Rezone Rezone from C-1 (Retail Business) to R-3 (Medium Density Residential) (Pro Made Homes) (MF# Z 2016-006) VI. PUBLIC HEARINGS: A. Special Permit B. Special Permit C. Code Amendment VII. WORKSHOP: VIII. OTHER BUSINESS: IX. ADJOURNMENT: Location of a davcare center in an R -1-A Zone (Gloria Torres) (MF# SP 2016-017) Location of portables at Chiawana High School (Pasco School District) (MF# SP 2016-018( Mini -Pigs in Residential Zones (MF# CA 2016-005) 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 Chairwoman Roach. POSITION MEMBERS PRESENT No. 1 No. 2 Kurt Lukins No. 3 Paul Mendez No. 4 Alecia Greenaway No. 5 No. 6 Loren Polk No. 7 Zahra Roach No. 8 Pam Bykonen No. 9 Gabriel Portugal APPEARANCE OF FAIRNESS: MEMBERS ABSENT Tanya Bowers Joe Cruz December 21, 2016 Chairwoman Roach read a statement about the appearance of fairness for hearings on land use matters. Commissioner Lukins declared that he was a member of the church that would be renting to one of the applicants on the agenda (MF# SP 2016-016), however he stated that he would remain impartial as long as the other Commissioners did not have concerns with him hearing that public hearing item. The Commissioners did not have any concerns. Chairwoman Roach 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. There were no objections. THE OATH: Chairwoman Roach explained that state law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Chairwoman Roach swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Greenaway moved, seconded by Commissioner Mendez that the minutes dated November 17, 2016 be approved. The motion passed unanimously. OLD BUSINESS: A. Comp Plan Amendment Amendment to the Comprehensive Plan (West) IMF# CPA 2016-0021 (Continued from 11/17/16) Chairwoman Roach read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the proposed amendment to the Comprehensive me Plan. He explained that the public hearing was closed at the previous meeting but the item was continued for further discussion by the Commission. As a result of the public hearings, staff made some modifications to the staff report. A paragraph was added under the "Environmental Determination" section relating to the Port of Pasco's request for the Planning Commission to modify the applicant's urban growth boundary amendment to exclude Zones 2 & 4 of the Airport Safety Zones but to do that that the Commission would be disregarding the code presently in place to protect the airport. If the Planning Commission decides not to recommend bringing the property into the UGA they will need additional findings of fact to support their decision. Denying the application would shift the public burden of additional airport protections onto the two property owners making it more difficult for them to develop or use their property. After consultation with the City Attorney, there are two options the Planning Commission could consider; accept the application for the amendment as proposed by the applicant or recommend that none of the area be brought into the urban growth boundary. To do the latter, the Planning Commission would have to develop additional findings of fact to justify why it shouldn't be brought in. Given changes in the community and the new population estimate, it would be difficult to come up with findings that would lead to a recommendation not to accept any of the 160 acres. Staff also added an Exhibit based on discussion at the previous hearing. The City Council adopted the Airport Overlay Zones at the urging of the Port of Pasco and those overlay zones were specifically designed to protect the integrity of the airport and the airspace around the airport. Adding to the overlay zones by excluding this area from the urban growth boundary doesn't change anything - whether they are in the boundary or not the regulations still provide protection to the airport. It does, however, shift a public burden to the property owners if the area should not be included in the boundary. Staff recommended Exhibit 1, bringing the entire property into the UGA. Commissioner Lukins moved, seconded by Commissioner Polk, to adopt findings of fact and conclusions therefrom as contained in the November 17, 2016 staff report. The motion passed 5 to 2 with Commissioner Greenaway and Commissioner Mendez dissenting. Commissioner Lukins moved, seconded by Commissioner Polk, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the Pasco Urban Growth Boundary be amended per Exhibit #I attached to the staff memo of December 15, 2016. The motion passed 5 to 2 with Commissioner Greenaway and Commissioner Mendez dissenting. B. Special Permit Location of a Cosmetology & Barber School in a C-1 Zone (Avila) (MF# SP 2016-0122) Chairwoman Roach read the master file number and asked for comments from staff. Dave McDonald, City Planner, stated there were no changes to the staff report from the last meeting. Mr. McDonald noted that at the previous meeting one of the Commissioner's asked the owner of the neighboring barbershop for photos of the parking lot during busy hours since the photos in the staff report did not show a lot of vehicles parked. Those pictures were placed on the bench for the Commissioner's to view. Typically once the public hearing is closed, no further evidence is accepted but since a Commissioner requested this material during the hearing it was provided. Commissioner Polk asked if it was just one individual who owned the all units in the -2- building and then rented out the units. Mr. McDonald answered, yes. He believed that there are two tenants in the building and the owner also owns a building two doors down and possibly the old gas station. Mr. McDonald added that he needed to mention that in the approval conditions, #3 was added requiring the applicant to maintain a lease with the property owner for additional parking behind the building at 923 W Court Street. If the parking lease is voided for any reason then the beauty school must vacate the premises. Commissioner Polk stated that she appreciated the addition of the parking condition to help remediate any issues with parking. Commissioner Bykonen asked what the current hours of operation were for the beauty salon and what would the hours of operation be for the proposed school. Mr. McDonald was unsure of the current hours but said that the beauty school would likely keep the same hours as the existing salon. Commissioner Greenaway said that she also appreciated the parking condition. Commissioner Bykonen stated that while she understands the concerns that were voiced during the public hearing from the neighboring barber but felt that most of the traffic and parking related problems were from the convenient store in the building rather than the beauty salon. Chairwoman Roach asked if the applicant has seen the approval conditions and accepts them. Mr. McDonald replied yes. Commissioner Greenaway moved, seconded by Commissioner Polk, to adopt the findings of fact and conclusions therefrom as contained in the December 15, 2016 staff report. The motion passed 6 to 1 with Commissioner Mendez abstaining. 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 Lupita's Beauty Salon for the location of a Cosmetology and Barber School at 915 West Court Street with the conditions as contained in the December 15, 2016 staff report. The motion passed 6 to 1 with Commissioner Mendez abstaining. C. Special Permit Location of a Mini -Storage Facility in a C-1 Zone (Kim) SMF# SP 2016-0131 Chairwoman Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, stated there were no changes or additions to the report since the previous meeting. -3- Commissioner Polk moved, seconded by Commissioner Greenaway, to close the public hearing and adopt findings of fact and conclusions therefrom as contained in the December 15, 2016 staff report. The motion passed unanimously. Commissioner Polk moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions as adopted the Planning commission recommend the City Council grant a special permit for the location of a mini -storage facility in a C-1 zoning district at the 1200 block of North 22nd Avenue (Parcel # 119 331 048) with the conditions as listed in the December 15, 2016 staff report. The motion passed unanimously. D. Special Permit Location of an Early Learning Center in the Senior Center Building IPSD 411 IMF# SP 2016-014) Chairwoman Roach read the master file number and asked for comments from staff. Dave McDonald, City Planner, stated there were no changes or additional comments to the report since the previous meeting. Commissioner Lukins moved, seconded by Commissioner Greenaway, to adopt the findings of fact and conclusions therefrom as contained in the December 15, 2016 staff report. The motion passed unanimously. Commissioner Lukins moved, seconded by Commissioner Greenaway, 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 location of an Early Learning Center at 1315 N. Th Avenue with the conditions as contained in the December 15, 2016 staff report. The motion passed unanimously. E. Rezone Rezone from C-1 (Retail Business) to C-3 (General Business) (Mohinder) (MF# Z 2016-0051 Chairwoman Roach read the master file number and asked for comments from staff. Rick White, Community 8s Economic Development Director, stated there were no changes or additional comments since the previous meeting, however, the applicant provided a list of other hotels with U -Haul operations co -located that was distributed to the Planning Commission since a Planning Commissioner accepted such information to be provided at the previous meeting. Commissioner Mendez asked if the City is still recommending denial of the rezone. Mr. White answered, yes. Commissioner Mendez stated the City didn't feel that this was a proper location for a U - Haul business. However, the applicant wished to establish this additional business as another stream of revenue but not so much because there was a demand for this activity. Chairwoman Roach asked about the business down the road, Columbia Grain & Feed and an industrial equipment rental business. She asked how that business conforms to the goals of keeping the entrance into Pasco aesthetically pleasing. Mr. White responded that Columbia Grain & Feed and the industrial store have been on Lewis Street for decades but the Lewis Street improvements were made just a few years ago. Commissioner Polk stated she didn't feel this type of activity would be bad to have on the property but she wasn't in favor of zoning the entire site C-3. If it were zoned C-3, a concomitant agreement would need to be done to prohibit any other C-3 activity except for the use of the U -Haul rental. Ideally, hotels are C-1 uses and the majority of the property should be used as C-1. She was more in agreement with the City's recommendation of denial of the application as the activity doesn't align with the goals of the City. Chairwoman Roach replied that she agreed with Commissioner Polk. She added that she was sympathetic to the business owner and the hardships with their tenants and that they are looking for alternative sources of revenue. With the deep parking lot it may be alright having a U -Haul location as long as it wasn't abutting the street but it won't be an inviting thoroughfare for Lewis Street. Commissioner Lukins stated that he understood staff's concerns about appearance of the property but felt denying the application was punitive due to other code violations and appearance currently going on at this property. He was in favor of allowing the rezone but only to allow this specific use with a concomitant agreement. Commissioner Portugal added that he was in favor of creating more jobs and revenue. He felt the creation of jobs would be more important than the appearance from the street. Chairwoman Roach reminded the Commission that at the public hearing the applicant said this would not be a large distribution center but rather a small operation with a few truck or trailers. Commissioner Bykonen stated that she had thought a lot about this application and how the additional revenue stream could possibly improve the condition of this site which is currently in poor shape. But she was familiar with one of the hotels that was provided by the applicant that has a supplemental U -Haul business, the Garden Suites in Des Moines. It is located on a busy road and it is not attractive. She does not want the entrance to Pasco to look like this highway the Garden Suites is located. She recommended denial of the rezone application. Commissioner Greenaway and Commissioner Mendez were in agreement with the City's recommendation to deny the rezone application. Commissioner Greenaway moved, seconded by Commissioner Polk, to adopt the findings of fact and conclusions therefrom as contained in the December 15, 2016 staff report. The motion passed 6 to 1 with Commissioner Lukins dissenting. Commissioner Greenaway moved, seconded by Commission Bykonen, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council deny the proposed rezone of Lots 2 and 3, Short Plat 2010-08 from C-1 to C-3. -5- The motion passed 6 to 1 with Commissioner Lukins dissenting PUBLIC HEARINGS: A. Special Permit Location of Long Term Rental Units in the Thunderbird Motel (Continued from 11/17/16) Chairwoman Roach read the master file number and asked for comments from staff. Rick White, Community 8s Economic Development Director, discussed the special permit application to locate long term rental units in the Thunderbird Motel. Provided in addition to the staff report were police reports from the past 5 years at this location. Commissioner Greenaway asked what the difference was between "Field Arrests" and "Field Contact" that was listed on the police reports. Mr. White answered "Field Arrests" are actual arrests made on site and "Field Contact" is where there was no arrest but an Officer was called to that address or nearby location and that was the closest address. Commissioner Polk asked for clarification on the address used Mr. White responded the field contacts were not necessarily at the building. The actual arrests were at the building. Chairwoman Roach discussed public testimony from the applicant at the prior meeting. She stated that regardless of whether the hotel owner is in compliance or non-compliance with the code, there are people who stay in this motel long term. If the special permit is not granted, people will still stay long term and they will be out of compliance with the municipal code. She understood the applicant's need to come into compliance but it would be more problematic to have someone in a long term unit. This is not an ideal location to have long term residents and it isn't bringing up the appearance of the downtown area or the goal of downtown development. She was in agreement with the recommendation to deny the special permit application. Commissioner Mendez stated at the public hearing the applicant had said that it was in the best interest of the City to allow long term residents so that the owner could develop a relationship between the tenants and to attract the right clientele rather than the transient population. Commissioner Greenaway agreed with Commissioner Mendez. She also didn't think it would be fair to the families that may be staying at the hotel that they would have to get kicked out. Commissioner Polk was torn on the issue. Much of the discussions have been on the type of tenants and state of the property but she didn't know if denying or accepting the special permit would change any of the issues and shouldn't be what the Planning Commission is making their decision on but instead, focus on whether a C-2 Zone is appropriate for long term residential. Chairwoman Roach asked if staff recommended denial ®. Mr. White responded that the recommendation is to deny the special permit. The concept behind the decision is that based on the findings and conclusions in the staff report, the Police Department is being used to manage the tenants. Regardless of the permit being approved or not, Police will always be managing tenants at this particular location with the present operator. This proposal does not promote the public health, safety or welfare and could make it more suspect. Commissioner Bykonen added that she understood the need for the type of housing that this property owner is trying to provide; something in between a motel and long term - such as housing for workers who may be in town for a couple of months but not for a whole year. While she was a strong supporter of mixed-use residential with retail on the bottom but not motel use then long term residential on the same property. It sends a mixed message and there will still be problems with the Police Department acting as a way to resolve tenant issues. Mr. White answered if an occupant of a motel, hotel or long term rental unit really wants to stay put in spite of what the owner wants, they can stay there for some time. It takes due process to remove them. The law tends to be on the side of the tenant, whether it is in a motel or long term. With no further questions or comments the public hearing closed. Commissioner Mendez moved, seconded by Commissioner Polk, to adopt the findings of fact and conclusions therefrom as contained in the December 15, 2016 staff report. The motion passed 6 to 1 with Commissioner Portugal abstaining. Commissioner Mendez moved, seconded by Commissioner Polk, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council deny a special permit for the location of dwelling units on the upper floors of a building located at 414 W. Columbia Street. The motion passed 6 to 1 with Commissioner Portugal abstaining. B. Special Permit Location of a Church in a C-1 (Retail Business) Zone W.L.U.E. Church) (MF# SP 2016-0161 Chairwoman Roach read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the special permit application to locate a church in a C-1 (Retail Business) Zone. This application involves a church locating within the area of the Broadmoor Outlet Mall that the Bethel Church currently rents. Bethel Church rents about 17,000 square feet and was granted a special permit back in 2012 for a three year period. That special permit has since been renewed because they were still working on finding their own piece of property to locate permanently. They have now found a piece of property on Chapel Hill Boulevard and they are in the process of working on plans and building the church so it will still be a while before they can relocate. In the meantime, there is a smaller church, the C.L.U.E Church that has been invited to share the space with Bethel. They would use the space at different times on Sunday's and they would also use the facility on Monday's to practice for the next Sunday and for some youth activities. The public will not notice much of a change in activity at the site other than more activity on Sunday but on Sunday's traffic in the general area is low and there is a large parking lot. -7- Chairwoman Roach asked what the alternating times would be for services. Mr. McDonald answered that Bethel will go from 9:00am-11:00am and the C.L.U.E. Church would go from 11:00am-2:00pm on Sunday's. Then when Bethel moves to their new building, the C.L.U.E. Church would like to move with them over at their new building. Chairwoman Roach asked if this special permit application only applies to the location at the outlet mall or if it would move to the new location. Mr. McDonald responded that it was only for the outlet mall location. Bethel Church as a special permit to operate at their new location but C.L.U.E. Church may or may not need to get a new special permit at the new location. With the current application locating in a commercial area that is why they are needing their own special permit. Chairwoman Roach asked when this special permit would expire. Mr. McDonald replied that it doesn't expire as the last special permit from Bethel didn't expire since they are working towards getting their own property. Chairwoman Roach asked if staff new when Bethel was moving into their new facility. Mr. McDonald answered, no. With no further questions or comments the public hearing closed. Commissioner Bykonen moved, seconded by Commissioner Polk, to close the hearing on the proposed special permit and set January 19, 2017 as the date for deliberations and the development a recommendation for the City Council. The motion passed unanimously. C. Rezone Rezone from C-1 (Retail Business) to R-3 (Medium Density Residentiall (Pro Made Homes) Chairwoman Roach read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the rezone application. The site is a small piece of property on Road 90 that was a remnant piece of the neighboring residential development to the north. Last year, Pro Made Homes received preliminary plat approval for a 36 lot subdivision and the piece that remained to the south was zoned C-1 at the time so it couldn't be included in the plat. After the subdivision was being built, Pro Made Homes was able to purchase a piece of property to the west and short platted it to straighten out two streets. This rezone is from C-1 to R-3 and would provide a buffer between the low density residential to the north and the commercial properties to the south. Currently there is a large office building being constructed on Road 90 directly south of the site and rezoning this property to R-3 will provide that buffer. With no further questions or comments the public hearing closed. go Commissioner Polk moved, seconded by Commissioner Greenaway, to close the hearing on the proposed rezone and set January 19, 2017 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. WORKSHOP: A. Code Amendment Mini -Pies in Residential Zones IMF# CA 2016-0051 Chairwoman Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the proposed code amendment. The City received a request for the municipal code to be amended to allow mini -pigs to be kept as pets. Currently pigs of any kind are classified as farm animals. Some research was conducted and mini -pigs while not approaching 1,000 lbs. like a commercial pig might, they do get to be roughly 50-100 lbs. They are different than a dog or cat in that they need to be spayed or neutered to be kept as pets. The neighboring jurisdictions were consulted and they both suggested using caution because most people that buy mini -pigs think they will stay little forever but they don't. Many people that buy mini -pigs end up having a full size pig on their hands and then Animal Control will not accept surrendered mini -pigs as they do not have the proper facilities. The request was presented to City Council and they have asked the Planning Commission to consider three options: (1) Allow them outright with conditions, (2) Allow them through the special permit process or (3) Prohibit them outright as the City does now. Staff does not recommend Option 2 (Special Permit process) as that would take up the Planning Commission's time with matters that aren't all that important for the overall public health and welfare of the community. Staff would suggested the Commission either allow permitting them outright with conditions or prohibiting them outright, which Staff feels is the logical option. Commissioner Mendez asked if Staff had any pictures. Mr. White said no but added staff searched the database for complaints related to pigs and there have been 7 pig related complaints, not necessarily mini -pigs, but pig related complaints in general, which are not allowed depending on lot sizes. Commissioner Polk noticed that in the staff report and wondered if it was people who had pigs for food use or for pets. She asked if someone were to get a pig right now and it isn't in compliance, what would happen to the pig and if Animal Control would have to come take the pig. Mr. White replied that Animal Control won't take the animal because they're not contracted to take pigs. The property owners would have to go through the Code Enforcement Board process. Commissioner Polk asked if the owner would be required to get rid of the pig. Mr. White answered that they would have to get rid of it or put it on a parcel that was large enough to allow farm animals and of the right zoning. Commissioner Bykonen noted that the staff report identified King County, Palouse, Prosser, Seattle and Vancouver as allowing pigs. She asked if staff had spoken to staff at -9- any of those locations. Mr. White said no, but there were copies of ordinances that allow it, however, staff was not contacted. Commissioner Bykonen was interested in knowing how it works in cities that currently allow pigs. Mr. White replied that his impression was that they don't get a high degree of attention from municipalities because it is a fairly small portion of their overall workload. The Commissioners discussed the options. The Commissioners voted 5 to 2 of being in favor of Option 3 (Outright prohibiting mini -pigs in residential zones), with Commissioner Greenaway and Commissioner Polk in favor of Option 1 (Outright allowing mini -pigs in residential zones). There were no Commissioners in favor of Option 2 (Special Permit Process). With no further discussion or business, the Planning Commission was adjourned at 8:17 p.m. Respectfully submitted, David McDonald, City Planner -10- REPORT TO PLANNING COMMISSION MASTER FILE NO: SP2016-016 HEARING DATE: 12-15-16 ACTION DATE: 1-19-17 REQUEST FOR SPECIAL PERMIT: 1. PROPERTY DESCRIPTION: APPLICANT: Omar Ramirez 4122 Sahara Dr. Pasco, WA 99301 Location of a Church (CLUE Church) in a C-1 District Legal: Parcel # 115-502-016: a portion of the South half of Section 8, Township 9 North, Range 29 WM; General Location: 5202 Outlet Dr. Property Size: Approximately 11 acres 2. ACCESS: The site has access from Sandifur Parkway by way of Outlet Drive 3. UTILITIES: The site is served by municipal water and sewer. 4. LAND USE AND ZONING: The property is currently zoned C-1 (Retail Business). All surrounding property is zoned C-1 and undeveloped. 5. COMPREHENSIVE PLAN: The site is designated in the Plan for future commercial uses. The Plan does not specifically address churches, but elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off-street parking and other development standards. 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, the Notice of Application 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 application involves the location of a second church within the floor space currently rented by the Bethel Church in the Broadmoor Square Mall. Bethel Church occupies 17,936 square feet of floor area in the southeast corner of the mall property. Bethel Church was granted a special permit to locate in the mall in 2012. In original special permit was limited to 3 years and expired in October of 2015. The special permit was then renewed without an expiration date. Bethel church was also granted a special permit for a day care center within the same space. The C.L.U.E. Church (Christo La Unica Esperanza Church) plans on sharing space with Bethel Church. The two churches will stager their worship times so both groups will not be in the building at the same time. Bethel Church uses the building on Sundays from 9:00 am to 11:00 am. It is anticipated the C.L.U.E. Church will use the same space from 11:00 am to 2:00 pm. Additionally the new church will be in the building on Monday nights for youth activities and the dress rehearsal for the following Sunday service. The major functions of the two churches will occur on Sundays when Charter College is closed and minimal activities are occurring at the mall. The Outlet Mall contains over 103,000 square feet of floor space. Forty-one thousand square feet of the mall is devoted to institutional uses (Charter College, World Life Church and the Police Mini Station). About Thirty-three percent of the mall floor area is vacant. The lease agreement with Bethel Church requires the church to participate in all common area charges shared by all lessees within the Mall. The common area charges are used for parking lot and exterior property maintenance. That agreement will not change with the including of the C.L.U.E. Church sharing space with Bethel Church. The Municipal Code (PMC 25.78.170) requires one off-street parking space for every 10 lineal feet of bench (pew) seating or one space for every 4 chairs in a church. Based on the occupancy loading of 450 people, 113 parking spaces would be required. No additional seating will be added for the C.L.U.E. Church they will be using the same sanctuary space at a different time than the Bethel Church. Parking areas are located to the north and south of the proposed church location provide more than 113 parking spaces. The Outlet Mall was constructed to meet Building Code requirements for retail activities. Places of religious worship are classified in the Building Code as "A" occupancies. When a building is changed from one occupancy class to another (from an "M" [Mercantile] to an "A" [Assembly] for example) the building is required to meet life/safety standards required for the new occupancy classification. The main sanctuary area is large enough to allow seating for at least 450 people. To meet the "A" occupancy requirements proper exiting, exit signage, emergency lighting, occupancy separation walls (between retail space and church space), additional restroom facilities and fire sprinklers are generally required by the Building Code. These occupancy changes were previously completed by Bethel church. No additional building modifications will be needed. z The Outlet Mall was built in 1995 for retail commercial purposes and was only marginally successful in attracting retail tenants. As the Outlet Mall business model decreased in popularity, occupancy rates at the Broadmoor Outlet Mall declined. Forty percent of the Broadmoor Mall is currently occupied by institutional uses such as Charter College, the World Life Christian Center and the Mini Police Station. Without the institutional uses seventy-three percent of the Mall would be vacant. While locating non -tax generating uses in a commercial area with freeway visibility is generally not a good choice for promoting additional retail activity it may be justified given the ongoing vacancy issues at the Broadmoor Outlet Mall. The Mall is seen as a temporary location for the churches which eventually find permanent locations. World Life Church is an example of a church that was located in the Outlet Mall for several years before finding a permeant location on court Street. Likewise Bethel Church has purchased 7.5 acres of Land on Chapel Hill Boulevard for the location of a permeant church building. The operators of the C.L.U.E. Church anticipate relocating with the Bethel church when a new building is constructed on Chapel Hill Boulevard. A potential problem with a church locating in a commercial area is the fact that some retail establishments or restaurants sell or serve liquor. There is a concern some churches may object to the approval of liquor licenses nearby. The issue is typically addressed by placing a condition on the Special Permit approval limiting the church's ability to object to a liquor license. 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. Churches are unclassified uses requiring review through the special permit process prior to locating or expanding in any zoning district. 2. The proposed church site is zoned C-1. 3. The proposed site is located at 5202 Outlet Drive. 4. The site was originally developed as the Broadmoor Outlet Mall. 5. The Outlet Mall contains over 103,000 square feet of floor area. 6. About thirty-three percent of the Outlet Mall is vacant. 7. About forty percent of the Outlet Mall is occupied by institutional uses (Charter College, World Life Church and Police Mini Station). 3 8. The area proposed to be occupied by the church is currently being used by the Bethel church. 9. Bethel Church has been granted three special permits for the site. Two for the church (one permit has expired) and one for a day care. 10. Churches are classified as an "A" occupancy under the International Building Code. "A" occupancy standards are different than the "M" occupancy standards. Bethel Church has previously addressed the occupancy standards. 11. The proposed sanctuary is large enough to hold at least 450 people. 12. The Municipal Code (PMC 25.78.170) requires one off-street parking space for every 10 lineal feet of bench (pew) seating or one space for every 4 chairs in a church. 13. Based on the occupancy loading of 450 people, 113 parking spaces would be required. 14. Parking areas are located to the north and south of the proposed church location with more than 113 parking spaces. 15. Church functions on Sunday will occur on site from at least 9:00 am to 2:00 pm. CONCLUSIONS BASED ON THE FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060 and determine whether or not the proposal: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Plan does not specifically address churches, but elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off-street parking and other development standards. (2) Will the proposed use adversely affect public infrastructure? The Outlet Mall was designed to handle significant traffic with a large parking lot and interior circulation. The proposed church will conduct services at times when other Mall traffic is generally low and utility usage is low. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? a The proposed church will be located in the Broadmoor Outlet Mall and no exterior changes are planned to the building. The current store front character will be maintained. The Bethel church currently participates in common area maintenance costs to maintain the common area of the Mall. The intended character of the Outlet Mall is retail in nature. The proposed church is not expected to impact the character of the mall in a permanent manner. (4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The proposed church will be located in part of the existing Outlet Mall and no structures will be built or added to the Mall. The site design will remain unchanged. Allowing the church to be located in the Mall on a long-term basis may discourage the development/ location of commercial enterprises within the Mall. This concern could be addressed by limiting the time period for allowing the church to remain in the Mall. (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 church will generate no more dust, vibrations, flashing lights or fumes than would be expected by permitted retail uses of the zoning district. Traffic generated by the church will occur mostly on Sunday mornings when Mall traffic is minimal. Small weekly meetings will generate minimal traffic on Monday. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? Past history of church operations within the City has shown they do not endanger public health or safety and are generally not nuisance generators. APPROVAL CONDITIONS 1) The special permit shall be personal to the applicant; 2) The space leased to the church must be maintained to conform with all "A" occupancy requirements of the International Building Code; E 3) The church shall not object to the transfer, renewal or issuance of a liquor license for an existing or new establishment within 1,000 feet of the property; MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the January 19, 2017 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 the Christo La Unica Esperanza Church for the location of church at 5202 Outlet Drive with the conditions as contained in the January 19, 2017 staff report. 0 I m O Ct rct Ct U 4-4 e! IS OF" I m W TIGUE CT ZN 3 W V N U 2 C7 Z O W 0 0 Q z 10 NOdNtf2i9 N 06 CIVMJ 03 Wl iTuno U LU AMA O a Ct O Ctco O d d 2 o vN C v� s > ,� JUB312A ' a W TIGUE CT Z N 4LWU C)3 U r U W 1 O W —R --O O Q z 10 NOaNV' 19 J � 06 OVM:1 N U as l3-ilno U _ Y 1 LU �N U cr V LL ct `O z a a ct C N COCIO ct 0 CT aA V TOM O N a Flo- j�7 Flo- «1 0 4 of TwWM• <mRr : . �""4�yay.� . \ � � sy« � REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 2016-006 APPLICANT: Pro Made Homes HEARING DATE: 12/15/2016 6223 W Deschutes Ave ACTION DATE: 1/19/2017 Suite 508 Kennewick WA 99337 BACKGROUND REQUEST: REZONE: Rezone from C-1 (Retail Business) to R-3 (Medium - Density Residential) 1. PROPERTY DESCRIPTION: Legal: Lot B, Majestia Place General Location: The 5800 Block of Road 90 Property Size: Approximately 1. 14 acres. 2. ACCESS: The parcel is accessible from Road 90. 3. UTILITIES: All municipal utilities are currently available to serve the site from Road 90. 4. LAND USE AND ZONING: The lot is currently zoned C-1 (Retail Business) and is vacant. Surrounding properties are zoned and developed as follows: NORTH: R-1 - Majestia Place SOUTH: C-1 - Office Building under construction EAST: R-1 & R-3 - Developing with Single -Family Homes WEST: R-3 - Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for either Mixed -Residential or Commercial uses. Goal LU -3-E encourages the City to designate areas for higher density residential development where utilities and other facilities enable efficient use of capital resources. Other goals and policies suggest the City permit a full range of residential environments including multi -family homes (H -2-A) and 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. An environmental determination will be made after the public hearing for this project. A Determination of Non - Significance or Mitigated Determination of Non -Significance is likely for this application (WAC 197-11-355). 1 ANALYSIS The site was annexed in 1982 as part of the Northwest annexation area. Upon annexation the property was initially zone RT (Residential Transition) and later zoned to C-1 (Retail Business). The site is in a transition area as indicated in the Comprehensive Plan and can be zoned either mixed -residential or for commercial development. Surrounding properties began developing with Mediterranean Villas (a multi- family zoned development) in 2002. Broadmoor estates followed and now single- family homes are being built in the Majestia Place subdivision to the north. The commercially zoned property directly south of the site is being developed with a large office building. A total of three office buildings are planned for the site to the south. The site in question is a remnant of a larger lot that was mostly included in the Majestia Place plat to the north. Majestia Place is a 38 -lot single-family subdivision. Pro Made Homes recently requested R-3 zoning for the two acre parcel directly to the west. Not fully understanding the zoning process the applicant meant to but, did not include the current parcel in the R-3 rezone to the west. The applicant is now seeking to have Lot B Majestia Place rezoned from C-1 to R-3. The site is over 800 feet north of Sandifur Parkway, too far from a major street to be considered prime commercial property. Rezoning the property to R-3 would enable the applicant to create a buffer between his single—family development to the north (Majestia Place) and the commercially zoned property to the south. The requested R-3 zone permits construction of single-family homes, duplexs and other multi -family structures. Multi -family densities are permitted at one unit per 3,000 square feet of land. The site is less desirable for single-family development due of the office building directly to the south of the property. 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 after 1982 when the property was annexed to the City. The property was originally subdivided and zoned in the County in 1967, 49 -years ago. Pa 2. The changed conditions, which are alleged to warrant other or additional zoning: Much of the neighborhood to the north, northwest and northeast has developed with single-family and some multi family dwellings. Majestia Lane to the north now connects Road 90 and Road 92 to provide cross circulation through the neighborhood and the looping of utilities. All public utilities are now available to the site. Single-family homes in Majestia Place now back onto property currently zoned C-1. Rezoning the site will provide a buffer area of medium -density residential zoning between single-family homes and commercial zoning to the south. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: Approval of the proposed rezone will continue a pattern of residential development in the vicinity. The proposed zoning assignment is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety and general welfare. The rezone will allow the creation of a buffer area between the newly developed residential lots to the north and the commercial properties to the south, east and west. 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 result in the establishment of a residential buffer area between the existing single-family development to the north and the commercial area to the south having a positive impact on the neighborhood. The rezone will lead to development of the property thereby eliminating potential nuisance conditions that may exist on the lot by way of dust of weeds that can impact the surrounding residential areas. 5. The effect on the property owner or owners if the request is not granted: Without transitioning the site to residential zoning the development potential of the site is limited due to the distance from a major arterial street. The site is likely to remain undeveloped for many years if it is not rezoned. 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. 3 1. The site is vacant. 2. The site was platted in 1967 and has remained undeveloped since that time. 3. The site is 1.14 acres in size. 4. The site is currently zoned C-1 (Retail business). 5. Properties to the south are zoned C-1. 6. Properties to the north are zoned R-1. 7. The site is located on a local access street more than 800 feet north of Sandifur Parkway. 8. The applicant is requesting R-3 (Medium -Density Residential) zoning. 9. The Comprehensive Plan identifies the site for Mixed -Residential uses which includes R-1 zoning. 10. All municipal utilities are currently available in Road 90. 11. The rezone will facilitate infill development which is encouraged by the Comprehensive Plan. 12. The rezone will establish a buffer or transition area between low-density residential development to the north and commercial development to the south. 13. The Mediterranean Villas subdivision to the west is zoned R-3 and developed with a mix of townhouses, duplexes and single family homes and an RV storage facility. 14. The Rapture Cove development to the east was zoned R-3 for a senior rental community. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: 1. 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. 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. 2 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The proposed R-3 zoning will permit site development matching the character of Mediterranean Villas to the northwest and will provide a buffer between the new single-family development to the north and the commercial property to the south. The proposed rezone will also match the recently approved R-3 zoning on the two acres parcel to the west. Based on past experience within the community multi- family development adjacent to single-family development does not impact the value of the surrounding single-family homes. 3. There is merit and value in the proposal for the community as a whole. There is merit in developing vacant parcels within the City in accordance with the goals and policies contained in the Comprehensive Plan. The proposed zoning is consistent with the Plan's Land Use Map. Providing an increased range of housing opportunities available in those areas currently served my municipal utilities and will enable efficient use of capital resources. The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. No special conditions are proposed by staff. 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the January 19, 2017 staff report. MOTION for Recommendation: I move, based on the findings of fact as contained in the January 19, 2017 staff report and conclusions as adopted, the Planning Commission recommend the City Council rezone Lot B, Majestia Place from C-1 to R-3. 0 EPP WMIA UM,Li A a• a �p r � gar :•+�,; I N1 a7.OMtiS L GO _ %mo XPi ico >✓< / NUJ O pp CL N p Q. NIINal 5H N Q ✓/ Z6 a �b'�� I r�nlv A i «<`� ._._. _ o ■ � :. � kkk �f N� (IN .--o O M ,4.—j � O I O � � N V N EPP WMIA UM,Li A a• a �p r � gar :•+�,; I N1 a7.OMtiS L GO _ %mo XPi ico >✓< / NUJ O pp CL N p Q. NIINal 5H N Q ✓/ Z6 a �b'�� I r�nlv A i «<`� ._._. _ o ■ � :. � kkk �f N� (IN W Z N 3 NI 1N3)4 o G) O EN z W 0 Z_ i 3 0 `dIlS3 W b31S U W _W 2 a O U) E E 0 W FM Z6 GVO0 l U) 2 U) a z E O \� / '0 V U S~ O � ct INC U O O O N � N N N U I --I NI 1N3)4 o G) O EN z W 0 Z_ i 3 0 `dIlS3 W b31S U W _W 2 a O U) E E 0 W FM Z6 GVO0 l U) 2 U) a z E C 0 U r- 0 U NI ONdl01W I Y a LL 0 z a E V \� / '0 V E C 0 U r- 0 U NI ONdl01W I Y a LL 0 z a NI 2 OlSN �LU Z6 GVO2j 2 Q z r' V V NI H I ■ 1. ■ • - loss Ll 11111 I. - 1= .0 NI 2 OlSN �LU Z6 GVO2j 2 Q z r' V V NI H I M. V 1-77 q1 91 ■ iij ƒ < Al ? : � ,.,r . �� _.� , ..� �.k ��.. r ri `E .!,422- �� REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2017-001 APPLICANT: Gloria Torres HEARING DATE: 1/ 19/17 2411 E George St ACTION DATE: 2/16/17 Pasco WA 99301 BACKGROUND REQUEST FOR SPECIAL PERMIT: Location of a Daycare Center in an R -1-A District 1. PROPERTY DESCRIPTION: Legal: Lot 61, Cindy's Addition General Location: 2411 E. George Street Property Size: 7,318 square feet. 2. ACCESS: The site has access from E George Street 3. UTILITIES: The site is served by municipal water and sewer. 4. LAND USE AND ZONING: The property is currently zoned R -1-A (Low - Density Residential Alternate). Surrounding properties are also zoned RS -12 and developed as follows: NORTH: R -1-A - Single family SOUTH: R -1-A - Single family EAST: R -1-A - Single family WEST: R -1-A - Single family 5. COMPREHENSIVE PLAN: The site is designated in the Comprehensive Plan for low-density residential uses. Policy LU -3-A encourages the location of daycare facilities in residential neighborhoods to reduce vehicular traffic. The Plan also encourages the promotion of orderly development including the development of zoning standards for off-street parking and other development. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project. A Determination of Non -Significance or Mitigated Determination of Non -Significance is likely for this application (WAC 197-11- 355). ANALYSIS The Applicant has applied for a Special Permit to locate a daycare center in a single-family residential zone at 2411 East George Street. The lot in question is just over 7,300 square feet in size. Surrounding lots are equal in size. Street frontages for each lot in the subdivision are typically 60 feet. The daycare center would operate 5 days per week for 12.5 hours a day and would serve up to 25 children per day. Home daycare/ preschool centers serving over 12 children per day require review via the Special Permit process. The applicant currently operates a home daycare under the 12 child threshold. Pasco Municipal Code 25.78.170 requires one parking space for each employee and one space per 6 children. Depending on the age of the children the DSHS ratio of adults to children is one adult for every 4 children down to one per 15 children. The applicant plans on having a mix of children requiring two to three care givers. With 25 children the on-site parking requirement for this proposal will be 3 stalls for employees plus 6 stalls for parents/ guardians, for a total of 9 stalls. With the limited street frontage and relatively small front yard there is not enough room for seven additional parking spaces on the lot (The driveway already has two stalls). If the Planning Commission determines, based on past experience with similar daycare facilities, the number of parking spaces can be reduced to about five at least eighty percent of the front yard would be needed to accommodate the parking spaces. The largest driveway permitted in a residential zone can only be 34 feet wide (PMC 12.04.100). The proposed daycare facility would need a driveway 50 to 90 feet in width depending on the parking required by the Planning Commission. The lot is only 60 feet wide. Given the size of the applicant's lot and surrounding lots and the compact nature of the neighborhood it may not be appropriate for a daycare center to be located on the proposed lot. According to the ITE Trip Generation Manual, 8th Edition, the estimated weekday trips generation by the proposed daycare center would be between 84 and 95 trips per day, depending on whether the calculation is based on number of employees, or facility square feet. However, experience with daycare centers in Pasco indicates daily vehicle trips would be significantly lower, perhaps under 40 vehicle trips per day. A typical single-family home will generate almost 10 vehicle trips per day. A typical single-family home will not have a front yard nearly covered with a parking lot. In the past there have been some exceptions made for daycare centers that have been located on arterial streets or across the street from commercial development. The lot under consideration is not on an arterial street and is not located across the street from commercial development. 2 PRELIMINARY 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. Applicant desires to locate a daycare center in a residential zone. 2. The daycare center would operate 5 days per week for 12.5 hours a day 3. The daycare center would serve up to 25 children per day. 4. Home daycare /preschool centers serving over 12 children per day require review via the Special Permit process. 5. The site address is 2411 E George Street. 6. The building in question is a single-family dwelling. 7. The surrounding properties are all low-density residential (R -1-A) developed with single-family units. 8. Pasco Municipal Code 25.78.170 requires one parking space for each employee and one space per 6 children. 9. Depending on the age of the children the DSHS ratio of adults to children is one adult for every 4 children down to one per 15 children, 10. The maximum parking requirement for this site based on 25 children will be 3 stalls for employees plus 6 stalls for children's parents/ guardians, for a total of 9 stalls. Based on community experience the Planning Commission has reduced the number of required parking space for daycares in residential zoning districts. Even a reduction to 5 spaces would fill almost the whole front yard with parking. 11. Due to the limited depth of the front yard a driveway for 5 cars would require about 50 feet of width. The largest driveway permitted by the code is 34 feet (PMC 12.04.100). 12. A typical single-family home will not have a front yard nearly covered with a parking lot. In the past there have been some exceptions made for daycare centers that have been located on arterial streets or across the street from commercial development. The lot under consideration is not on an arterial street and is not located across the street from commercial development. 3 13. Applicant currently has a driveway large enough of 2 vehicles. 14. According to the ITE Trip Generation Manual, 8t', Edition weekday trips generation by the proposed daycare center would be between 84 and 95 trips per day. Generally the ITE rates are higher than what occurs in Pasco. PRELIMINARY CONCLUSIONS BASED ON THE FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060 and determine whether or not the proposal: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The site is identified in the Comprehensive Plan for Low -Density Residential uses. The proposed daycare center supports Plan Policy LU - 3 -A which encourages such facilities to be located in neighborhoods. The Plan also encourages the promotion of orderly development including the development of zoning standards for off-street parking and other development standards. However given the size of the property in question and the need for parking the proposed daycare may not support the general character of the neighborhood. (2) Will the proposed use adversely affect public infrastructure? If the special permit were to be approved additional parking would be needed and that would require modifications to portions of the curb, gutter and sidewalk in front of the property. The site is served by all municipal utilities and a local street rather than an arterial street. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The intended character of the neighborhood is single-family residential. Typically, schools and/or preschool/ daycare facilities are located in or adjacent to residential neighborhoods. However these facilities are usually located on large to very large parcels of land or on arterial streets along the periphery of residential neighborhoods. Eliminating most of the front yard for additional parking will alter the general character of the neighborhood and cause the property to not be in harmony with the neighborhood. 0 (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 site design may need to be altered to accommodate additional parking for employees and parents dropping off or picking up children. As the neighborhood is fully developed the parking modifications will not impact future development but may impact the general character of the neighborhood. Impact to property values is unknown. Parking modifications in the front yard of the proposed daycare site may discourage some individuals from buying nearby homes which indirectly impacts property values. (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 daycare center would generate more traffic than a single- family dwelling. The proposed daycare would also require some modification to the existing driveway and parking to accommodate employee and parent parking. Due to the compact nature of the neighborhood the additional traffic and parking may be objectionable to the neighborhood. (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 proposed daycare with 25 children located on a 7,300 square foot lot could create nuisance conditions for neighbors due to noise additional traffic and the constant commotion associated with managing 25 children on a small lot. PROPOSED APPROVAL CONDITIONS Commercial daycares are often permitted in churches and locations that are adjacent to arterial streets or across the street from commercial properties. The proposed daycare is located in a fully developed single- family neighborhood surrounded by single-family homes. As a result staff has not prepared any approval conditions for this proposal. Review of the criteria list above could lead to the conclusion a daycare would not be appropriate at this location. 5 MOTION: I move to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the February 16, 2017 meeting. 0 ""� �I and lid%W3�� 4M' m , W Nl 31NN3d Z y 3 N N z J 1 Q r� LL WLLI a o W W c� 0 Q NlV/I2GNH I—I � 1 UL 03 Q Nand 2JV(130 Q V 3Ab 2ibW3altlM Ljoang3 LU Nl 31NN3d z U+ 3 N O F- N z Q Z J LU 1 ' a W lA d' � Q � w LU li NI V3214NV Q N 1 3AV 21V430 F- U) r LLJ Q Von CD 3nV 2iVW3aIVM z N �, a 1 �4 ;Q 'e X•. r z �J �• r 1� H 0 0 z x 0 0 P4 J4 I REPORT TO 7PLANNING COMMISSION MASTER FILE NO: MF# SP 2016-018 APPLICANT: Pasco School District #I HEARING DATE: l/ 19/17 1215 W Lewis St ACTION DATE: 2/16/17 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of Portable Classrooms at Chiawana High School (8125 W Argent Rd.) 1. PROPERTY DESCRIPTION: Legal: A portion of the Southwest quarter of Section 16, Township 9, North Range 29, east lying southerly of the FCID Irrigation Canal. General Location: 8125 W Argent Rd (Chiawana High School) Property Size: 77.5 acres 2. ACCESS: Access to the site is available from West Argent Rd & Rd 84. 3. UTILITIES: Chiawana High School is connected to municipal utilities. 4. LAND USE AND ZONING: The site is zoned RP (Residential Park). The School District was granted a special permit prior to the construction of Chiawana High School. Surrounding properties are zoned and developed as follows: NORTH: RP- Pathfinder Mobile Home Park SOUTH: RS -20 - Single Family EAST: RS -l- Vacant WEST: RS -20 - Single family 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site as Low -Density Residential. Goal CF -5 suggests adequate provisions should be made for educational facilities located throughout the urban growth area. Policy CF -5-A encourages the appropriate location and design of schools throughout the community. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project. A Determination of Non -Significance or Mitigated Determination of Non -Significance is likely for this application (WAC 197-11- 355). DISCUSSION Pasco's population has more than doubled in the past 15 years growing from 32,066 to over 70,000 today. This population growth has also caused the Pasco School District enrollment to almost double over the same time period. Pasco's K-12 enrollment is expected to be around 20,000 by 2019. To accommodate continued increases in student enrollment the School District is proposing to local at least eight new portable classrooms at Chiawana High School. The School District is proposing to locate eight portable classrooms in the southeast corner of the northwest parking lot at Chiawana High School. The parking lot contains close to 600 parking spaces. The portables will occupy about 87 parking spaces reducing available parking to 511 spaces. The impact on the parking lot will be minimal due to the fact this parking lot is mainly used by students and only about 60 percent of the stalls are used during school days. On most school days about 200 parking spaces remain vacant. If loss of the parking spaces becomes a problem in the future there is enough additional land on the Chiawana site that another parking lot could be built. There are more than three acres of land east of the tennis courts and north of the existing student parking lot that could be converted to additional parking if needed. Most of the schools in Pasco including the Pasco High School and Chiawana High School are located in residential zoning districts. The addition of portable classrooms to school properties has had little impact of the surrounding neighborhoods. Portable classrooms are a common and acceted feature of schools in Pasco and elsewhere. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. 1. The site is located in an RP Residential Park. 2 2. High schools are unclassified uses and require review through the special permit process prior to permitting for construction. 3. The School District was granted a special permit for the construction of Chiawana High School in 2012. 4. The Comprehensive Plan identifies the site for public uses such as schools. 5. Comprehensive Plan Goal CF -5 suggests that adequate provisions should be made for the location of educational facilities throughout the urban growth area. 6. The Pasco School District plans to install at least eight portable classrooms in the northwest parking lot of Chiawana High School. 7. The location of portable classrooms is a common occurrence on school properties in many communities including Pasco. 8. Pasco's population has more than doubled since 2000. 9. Pasco School District enrollment has doubled since 2000. 10. School district enrollment is expected to reach 20,000 by 2019. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The proposed use is supported by Plan goal CF -5 which suggests adequate provisions be made for educational facilities throughout the Urban Growth Area. 2) Will the proposed use adversely affect public infrastructure? Public streets and utilities are in place to serve the property. Utilities surrounding the school site have been sized to accommodate moderate growth in the student population at Chiawana High School. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? Chiawana High School is a major part of the general character of the neighborhood. The addition of eight portable classrooms will not alter the existing character of the neighborhood. The intended character of 3 the neighborhood as identified in the Comprehensive Plan include public uses (Schools) on the 77 acre Chiawana High School 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 new portable classrooms will be significantly shorter and smaller than the existing high school. Past experience in Pasco has shown the location of portable classrooms on school sites within residential neighborhoods has had no negative impact on surrounding residential values. The community has a long history of accepting portable classrooms on school properties. 5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? Experience has shown that schools within Pasco generate few complaints from neighbors. The operation of the high school will not change as the result of the additional classrooms. 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 new portables will be built and installed to meet all fire and safety codes and state regulations pertaining to school construction. Portable classrooms have a long history of being accepted on Pasco school properties in residential neighborhoods. Portable classrooms are common features on school properties in many communities. Proposed Approval Conditions 1. The special permit shall apply to Parcels # 117590010. 2. The property shall be developed in substantial conformity with the site plan submitted with the special permit application. 3. The portable classrooms may be located on the Chiawana site as needed by the School District. EI 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 Februaryl6, 2017 Planning Commission meeting. 5 K i r 647 cn m �O 0�9 y (n o m m N rl- �. Q /X V n 4 NzS� CD Q C-D � . n X m r4. CD O CCD 00 (� o � I ♦ ♦ X ILI O A � 1 h m i' N 9 r O O .r j �l �I TR 4 ' 1[ 1 r O O O O r-� • �D MEMORANDUM DATE: January 11, 2017 TO: Planning Commission FROM: Jeffrey B. Adams, Associate Planner SUBJECT: Small -Breed Pies or Mini Pies as Pets (MF# CA 2016-005) A City of Pasco resident has requested that the City Code be changed to allow for the keeping of mini pigs as pets. On September 19, 2016 the City Council held a workshop where they discussed a code amendment for the keeping of mini -pigs, and requested the Planning Commission consider several options related to the issue, as follows: a. Permit mini -pigs as pets outright; b. Permit mini -pigs as pets via Special Permit; or c. Prohibit mini -pigs as pets. At a December 21, 2016 Planning Commission workshop meeting the Commission by consensus indicated it did not want to pursue establishing mini pigs as pets in the City of Pasco either through the special permit process or by permitting them outright with conditions. Findings of Fact 1) In mid -2016 a City resident requested that the City Code be changed to allow mini pigs as pets. 2) Mini Pigs are a miniature size pig as recognized and registered by the American Mini Pig Association. 3) Mini Pigs are usually a product of interbreeding Vietnamese potbellied pigs with several breeds, including Juliana, Gottengin/Guttengin, African Pygmy, Yucatan Micro, and/or Swedish White. 4) Mini pigs recognized and registered by the American Mini Pig Association average 12-18 inches in height, and typically weigh in between 50 to 150 lbs. 5) Unspayed mini pig females suffer from "PMS" and strong mood swings; 6) Intact male mini pigs produce a pungent odor in addition to displaying other unpleasant traits; 7) Neither unsprayed female or intact male mini pigs are desirable pets. Pagel of 2 8) The American Mini Pig Association identifies King County, Palouse, Prosser, Seattle, and Vancouver in the State of Washington as having adopted provisions for mini pigs. 9) There have been 7 verified pig -related complaints, resulting in 5 Code Enforcement Board cases between 2008 and 2016. 10) Staff is unaware of other requests for mini pigs in the last several years. 11) Titles 8 (Animal Control; Licensing), 9 (Specific Nuisances), and 25 (Zoning) would need to be amended. 12) Many people purchase mini -pigs thinking they will remain the size of a toy poodle but abandon them when they become full-sized. 13) Animal Control will not accept surrendered pigs as they do not have the proper facilities to deal with them. 14) The Planning Commission indicated at its December 21, 2016 workshop that it did not want to pursue establishing mini pigs as pets in the City of Pasco either through the special permit process or by permitting them outright. 15) The Planning Commission felt that prohibiting pigs as pets should be the recommended course of action for the City to advance the public health and welfare. MOTION: I move the Planning Commission adopt the findings of fact as contained in the January 19, 2017 staff memo on Small -Breed Pigs or Mini Pigs. MOTION: I move the Planning Commission recommend the City Council decline to amend the Pasco Municipal Code regarding the keeping of mini pigs. Page 2 of 2