Loading...
HomeMy WebLinkAbout08-17-2017 Planning Commission Meeting PacketPLANNING REGULAR MEETING I. CALL TO ORDER: II. ROLL CALL: III. PLEDGE OF ALLEGIANCE IV, APPROVAL OF MINUTES: V. OLD BUSINESS: A. Preliminary Plat B. Special Permit C. Special Permit D. Rezone VI. PUBLIC HEARINGS: A. Special Permit B. Rezone C. Zoning Determination D. Block Grant E. Block Grant F. Code Amendment -AGENDA 7:00 P.M. August 17, 2017 Declaration of Quorum July 20, 2017 Iris Meadows. 34 -Lots (Sunbelt Properties LLCI (MF# PP 2017-007) Recreation Complex (JUB Engineers, Incl (MF# SP 2017-008) Pronghorn Ready -Mix Plant (MF# SP 2017-009) Quail Investment Rezone (Terry Blankenship)_(MF# Z 2017-0011 Wireless Tower (PI Tower Development LLC with T - Mobile) (MF# SP 2017-011) Rezone from RS -12 (Suburban) to C-1 (Retail Business) (D&D Enterprises) (MF# Z 2017-003) Determination of Zoning in the D&D Annexation Area (D&D Enterprises) (MF# ZD 2017-002) 2018 Community Development Block Grant Allocations (MF# BGAP 2017-003) 2018 HOME Allocations and Work Plan (MF# BGAP 2017-004) Revisions to PUD Open Space requirements (City of Pasco) (MF# CA 2017-003) - Continued G. Code Amendment Revisions to Residential Design Standards for False Dormers & Flat Roofs fCity of Pasco) (MF# CA 2017- 004) H. Code Amendment VII. WORKSHOP: VIII. OTHER BUSINESS: IX. ADJOURNMENT: Revisions to CBD Zoning (City of Pasco) (MF# CA 2017-005) This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and streamed at www.pasco-wa.com/psetvlive. Audio equipment available for the hearing impaired; contact staff for assistance. REGULAR MEETING PLANNING CALL TO ORDER: MEETING The meeting was called to order at 7:OOpm by Chairman Cruz. POSITION MEMBERS PRESENT No. 1 No. 2 Joseph Campos No. 3 No. 4 Alecia Greenaway No. 5 Joe Cruz No. 6 Ruben Alvarado No. 7 Zahra Roach No. 8 No. 9 Gabriel Portugal APPEARANCE OF FAIRNESS: MEMBERS ABSENT Tanya Bowers Paul Mendez Pam Bykonen ,duly 20, 2017 Chairman Cruz read a statement about the appearance of fairness for hearings on land use matters. Commissioner Roach stated that she is on the board of the Children's Development Center and didn't know if she should recuse herself from MF# SP 2017-010, Head Start Early Learning Center. Chairman Cruz responded that he didn't see that as an issue and the Commissioners were in agreement. 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. 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 Greenaway moved, seconded by Commissioner Portugal that the minutes dated June 15, 2017 be approved. The motion passed unanimously. PUBLIC HEARINGS: A. Preliminary Plat Iris Meadows. 34 -Lots (Sunbelt Properties LLQ IMF# PP 2017-0071 Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, stated the proposal involved a 34 -lot subdivision located on the east side of Road 100 north of Argent Road. The property has been included within me the City's Comprehensive Plan for many years as an area for low-density residential development. Within the Comprehensive Plan, that zoning designation means anything from 2 units per acre to 5 units per acre. The property is located within the Urban Growth Boundary where urban growth is to occur. The property was annexed in and zoned RS -12 2000. The application at this time is to review the plat and not the zoning, as the zoning has already been determined. The plat contains 34 lots that are just under 1/3 of an acre in size. The plat is laid out so that there will be one access point to Road 100 and the road along the northern portion of the plat aligns with Merlot, which is in West Vineyard Estates and will eventually provide a connection to Road 100 for the properties to the east. The lots are similar in size and style to the lots in Wilson Meadow's developed around Road 105 and Road 108. Staff has provided the review of the necessary findings of fact required by state law and per the municipal code. On the bench, the Commissioners were provided comments from the public that were received prior to the meeting. Most of the correspondence highlights concerns related to traffic on Road 100 and traffic. The neighbor to the north was concerned about fencing along the north property line. If there wasn't a common fence, they could end up looking at multiple types of fencing along their property. Mr. McDonald stated several years ago a major traffic study was completed for the I-182 Corridor — basically everything west of Road 36. That study looked at what the full buildout for residential development would be and what improvements would be required periodically to handle the population growth. From that study a $709 Traffic Impact Fee was established for each single-family residential unit. Each lot in this subdivision will be will contribute to that fund for traffic improvements. The City also has the widening of Road 100 included in the Transportation Improvement Plan for 2022, and the City is also planning to connect Crescent Drive to Chapel Hill Boulevard which will feed all of the traffic west of Road 105 up Road 108 to Chapel Hill Boulevard. That will improve circulation on Road 100. Mr. McDonald also discussed widening of Road 100 and other improvements the developer will be required to do.. Commissioner Portugal asked for clarification on the traffic study since traffic seemed to be the main concern in most of the letters submitted to the Planning Commission. Mr. McDonald responded that traffic was the main concern as well as lot sizes. The traffic study was completed by a Bellevue based company called, Transpo. They studied the entire area west of Road 36 and determined what the full buildout was. Based on future housing and commercial development they ran some models to determine impact fees to cover future improvements. Commissioner Alvarado asked if the ITE manual was generally accepted. Mr. McDonald replied that it is used all over the country by traffic engineers. Jason Maddox, PBS Engineering, 400 Bradley Boulevard, Richland, WA spoke on behalf of this application. He addressed access to the project and referred to a map on the overhead. On the plat, "Road B" is the road that would run through the plat and connect with Merlot to the east. This project does not cut through any other development or residential neighborhood, as it is a standalone development so traffic will not have to be re-routed. He explained that they worked with City Staff to ensure that they had proper -2- intersection spacing from Willow Way. Road 100 would be widened with this project and power poles relocated. The plat will have sewer provided by and water lines would be extended to the easterly edge of the plat to allow for future connections to the east. Irrigation water can be provided by Franklin County Irrigation District which is a benefit to the City and doesn't take away any water being provided by the City. The project is compliant with the current zoning of RS -12, which works out to 2.6 units per acre. The neighborhood to the north is also an RS -12 zoning. Commissioner Portugal asked if there was a road on the east of the property. Mr. Maddox responded that there is no road to the east as it is currently a vineyard. Chairman Cruz stated that he realized that RS -12 zoning was compliant but in the immediate vicinity most of the lots are at least 1/2 an acre. He asked Mr. Maddox what makes this proposed plat consistent with the surrounding area. Mr. Maddox responded that the development to the north is already RS -12. A In terms of compliance, it is compliant with the current zoning of the property and with the Comprehensive Plan. Chairman Cruz replied that the proposed site can be developed with 12,000 square foot lots but he questioned if it should go to 12,000 square feet. Most of the other surrounding properties are on much larger lots. He asked Mr. Maddox if the applicant would consider larger lot sizes. Mr. Maddox didn't believe that the applicant would support larger lot sizes as they are in compliant with the current zoning. The applicant didn't ask for this zoning, it was already in place when the preliminary plat application was turned in. The homes and characteristic of the neighborhood will be similar to those surrounded by it. Angela Grad, 3602 Road 100, stated that the entrance to proposed development is right in her back yard. Her main concern was that most of the lots surrounding this proposal are larger and they will impact her value. She felt the Planning Commission hadn't taken into consideration the established neighborhood. She was also concerned about traffic. The backside exit to the plat is a dead end and there is no telling when it would connect. She would also like to see a park. The residents thought a school would be located nearby which would have park. She requested the Planning Commission deny the preliminary plat based on the traffic and lot sizes. Chairman Cruz explained that the traffic study included what the engineers felt was safe. Also, Road 100 is not nearly as busy of a road as Road 68 and there are a number of properties on Road 68 similar to some of the homes on Road 100, and while it is not ideal, it is not unsafe from a standards perspective. As for a park, at this size of a development the developer is not required to put in a park. Rick White, Community & Economic Development Director, added each home will pay a park impact fee. The money goes into a fund to buy park property and to furnish parks within the general area within 1/2 mile radius. Ms. Grad asked if local residents have to share that cost of undergrounding power. -3- Mr. White shook his head no in response to residents sharing the costs. Chairman Cruz responded that the developer will to pay the cost of utility and road improvements which is why they are in a tight spot. Having 12,000 square foot lots will help cover the costs of the improvements. This is why it could become unsustainable for a developer if the lots were larger. Ms. Grad discussed the petition with 180 signatures asking the Planning Commission to deny this plat. They are stating the lots should be a minimum of 1/2 acre. Frank Dubree, 3515 Road 100, stated his house was on Road 100. Sometimes he has difficulties getting his mail due to traffic. This density of the housing is too high. He stated that there would be at least 2 cars per house with a minimum of 2 trips per day each, which is 136 extra trips on Road 100. His two concerns were: (1) Traffic, as it is already hard to get in and out of his driveway and (2) Property value of his home once these homes are developed. He asked how the road was going to be widened and what was he going to lose from his property. Mr. McDonald responded that this property provided right of way when it was platted in 1992. The additional right of way for Road 100 was already provided. Mr. Dubree said that was correct but he did not recall the distance from the middle of the road into his property. He wanted to know how much he was going to lose. Mr. McDonald responded that from the center line of the road it is 40 feet into the property. Mr. Dubree asked if there was going to be a sidewalk from the development up to the existing homes and if so, how would pay for it. Mr. McDonald answered the developer would pay for the sidewalk along the frontage of his parcel. Mr. Dubree asked about the homes in between that don't have a sidewalk. Mr. McDonald stated that would be part of the City project coming up in 2022. Chairman Cruz asked when it is widened if it will look like the portion between the freeway and Chapel Hill Boulevard. Mr. McDonald answered that the landscape strip will not be that wide but they will do the best to match it. Chairman Cruz clarified that there will be a sidewalk and a little bit of a landscape strip with three lanes of traffic width. Jessie Grad, 3602 Road 100, stated that his property is adjacent to the proposed "Road B" so he will see heavy traffic. His main concern is regarding property values. He asked if there was a dollar amount that is proposed for the new homes in this development. Chairman Cruz responded that the Planning Commission doesn't mandate the price of the homes. The developers will have an investment and they set the price point so they can recoup that investment and make a profit. It is easier on smaller lot sizes to recoup that investment. At the point of '/2 acre lots, it pushes the price point up. Mr. Grad said he understood but it was mentioned that this development would be similar to the development to the north but that development is not similar to his property and was concerned of the impact these lots would have on his. He also wanted to know what would be done about dust control while these homes are being built. Chairman Cruz said that dust control is handled through Code Enforcement. If there are any issues, they should contact the City. The City would remediate the problem. Mr. Grad asked what year the traffic study was completed. Mr. McDonald replied that it was completed in 2009. Chairman Cruz added that the traffic study assumes what is necessary when the City is completely built out to the target density. Mr. Grad said that the year 2022 has been brought up several times when they do the road widening. He wanted to know what property would be lost on the west side of the street. Mr. McDonald replied that there would need to be 40 feet from the center line on that side too. He may lose his arborvitaes. Mr. Grad asked who would take them down and if they would be replaced. Dave Zabell, City Manager, addressed Mr. Grad's concerns and stated that he would be paid handsomely for the impacts that his property would incur. Jack Towne, 10321 Willow Way, said that he has lived in West Pasco since 1976. His taxes recently went up $18,000. He didn't want his neighborhood to be diluted with smaller properties. The existing properties are $500,000-$600,000 homes and the proposed plat is placing "outhouses" in the middle of all of the development. He understands the developers have to make money or they can't afford to do it. He and his neighbors fought to get '/2 acre lots in the area and they are comfortable lots. He sees the proposed plat as diluting the neighborhood. He also felt it was ironic getting a company from the west side of the state to complete the traffic study given their traffic problems. Chairman Cruz quickly gaged the audience on the number of people there to support or not support the plat. The majority were not in support of the plat. He asked if their main concerns were traffic and lot size. They raised their hands, yes. -5- Jessie Grad, 3602 Road 100, stated that he and his wife went around to their neighbors getting signatures and comments and all of them wanted to sign. He wanted to know how far out the City mailed the notices. Mr. McDonald responded 300 feet. Notification was also posted in the newspaper and on the website. Todd Rowell, 8111 W. 5th Avenue, Kennewick, WA with Sunbelt Properties LLC, spoke on behalf of his application. He addressed the concerns regarding property values. Land prices have currently skyrocketed and consequently the lot prices will be a premium. Lot price roughly constitutes 20% of the home price and base on that, he doesn't see how these homes could even start below $350,000. Most would likely start at $350,000 and higher. He's pretty sure no one would purchase an "outhouse" for $350,000. Chairman Cruz addressed the surrounding character of the neighborhood. He felt that the other lots in the area were much larger and this would be noticeably smaller. He asked Mr. Rowell what would happen if the Planning Commission recommended the lots be 20,000 square feet rather than 12,000 square feet. Mr. Rowell responded that he would have to look at everything again but it wouldn't be good. He said that the sewer and water is there and if there isn't a guarantee that the vacant property to the east wouldn't request a rezone to RS -12. Chairman Cruz answered they might get it but the question would be is what the Commission would allow from a plat application to protect the surrounding neighborhood. He discussed Montgomery Estates and how there may be a lot of people in the audience who were not in support of that subdivision but it turned out just fine. He was fine with it but moving towards the river, properties get bigger and more rural. He had some reservations on 12,000 square foot lot sizes. Mr. Maddox, addressed traffic issues and access and then stated this application is not about zoning was discussed at a previous meeting when the property was zoned. Chairman Cruz stated that the minimum lot sizes are 12,000 square feet, however, the lots don't have to be as small as the minimum and the Planning Commission is tasked with ensuring this fits the character of the surrounding neighborhood within the zoning. Mr. Maddox stated the applicant has met the zoning requirements. Chairman Cruz replied that it's not a matter of compliance but a matter of if it fits the character of the surrounding neighborhood. Mr. Maddox stated policy H -I -E encourages homeownership and goal H-2 suggests the City strive to maintain a variety of housing options. He felt the applicant met that. In terms of the housing and characteristics he felt that the applicant has met that as well. Commissioner Alvarado agreed with Mr. Maddox that there needs to be a mixture of homes in the community. He stated that we have a housing shortage. His was concerned about parks and where they would be located. no Commissioner Greenaway stated the proposed project is not large enough to require a park. Mr. White added a park site has not be chosen for this area yet, however, it is recognized that one is needed. The City generally partners with the School District to make parks adjacent to school properties. Commissioner Campos asked if Mr. Maddox could clarify why the second access point to this development would not work. Mr. Maddox responded there is a municipal code requirement for intersection spacing and the entrance near Willow Way was just too tight. Chairman Cruz reminded the Commission that the neighbors to the east will be receiving this through traffic in the future which happens from time to time and the integrity of their neighborhood will need to be maintained. While one entrance isn't ideal, it is better than having the second access point which would have created a 5 point intersection. Dana Sandlin, 3505 Road 100, said she was the neighbor to the north and was concerned about having 7 new homes in her backyard. She also has issues already getting onto Road 100 from her house. The egress for the development is not far from her driveway. Mr. Towne asked if there would be water pressure issues since they would be tapping into their pressurized water system. He asked if the developer would pay for the upgrades. Chairman Cruz said City Engineers would review all of that prior to connecting. Mr. McDonald said that it was not connected to the City system but the FDIC and they would require the developer to pay for any upgrades. Mr. Dubree asked what happens after this meeting. Chairman Cruz said that the Planning Commission will close the hearing and make a motion to schedule deliberations and will then forward a recommendation to City Council. Ms. Glad stated that some of her neighbors have been told that this was a done deal. She said that she would hope that the 85 signatures and opinions of the neighbors count. Chairman Cruz responded that if that were true then they would be wasting their time. It is not a done deal and that is why the public hearing was being held. With no further questions or comments the public hearing closed. Commissioner Roach stated that she heard and understood the comments from the neighbors. However, in the City of Pasco the Urban Growth Boundary has been growing due to the needs for growth in Pasco for housing because there is a housing shortage and land which has driven up costs. The prices of homes have been rising and the County -7- assessments have been rising. The Commission has to take into consideration a diversity of housing and housing in general. The applicant has met the minimum requirements and while that might not be ideal, this is not a zoning meeting. It is a preliminary plat request. Commissioner Portugal stated that he had concern about this plat developing prior to the property to the east where there will only be one access point, will that prevent a problem for emergency responders. Mr. McDonald responded that this plat is a small subdivision in comparison to other subdivisions. It was pointed out that many larger subdivisions have had only one access. The Sun Willows Subdivision also only has one entrance so this is not that unusual to have one entrance. Mr. McDonald addressed the concerns for smaller lots locating near the larger lot sizes. In the past citizens have been concerned with smaller homes affecting the property values of the larger homes in the neighborhood. Pasco hasn't seen that to be true and the Franklin County Assessor can confirm that. He gave examples of such in the Wilson Addition and Wilson Meadows subdivisions. Ivy Glades is an example of homes on 10,000 square foot lots that are much higher in value than the surrounding lots that sit on an acre. Lot size does not necessarily dictate value and does not drive down the value of larger lots nearby. Chairman Cruz discussed the development to the west near Road 108 where there is decent infill and the traffic impacts were not that bad. He pointed out other examples, however, this site he felt was a hot spot in the middle of all of the others and didn't think it was large enough for the number of homes requested. Commissioner Portugal moved, seconded by Commissioner Roach, to close the public hearing on the proposed preliminary plat and set August 17, 2017 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. B. Special Permit Dwelling Unit on Second Floor of Existing Vacant Building on a Commercially -Zoned Lot (Melesio Aguilar) (MF# SP 2017-007) - Cancelled Chairman Cruz read the master file number and explained that this application had been cancelled. C. Special Permit Recreation Complex (JUB Engineers, Incl (MF# SP 2017-008) Chairman Cruz read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the special permit application for a recreation complex in an R -S-1 zoning district. The complex will be located on 22 acres in the southwest portion of the 119 acre parcel. The site is part of the Barker property that was annexed in 2016 and is currently used for agriculture. There aren't any existing structures on the 22 acres. The applicant has indicated that the privately run recreation In complex will be used for soccer, lacrosse and other field sports. It will have 8 grass and 2 synthetic turf fields. The complex is intended for the general public but each field may be rented either on an hourly or membership basis. The applicant also stated that some fields will have lighting for evening use that will not extend past 10:00 p.m. Development of the complex is set to be completed in three phases. Unrelated to the project but important to note for context is the future implementation of Pasco's Broadmoor Master Plan which delineates proposed uses starting from Broadmoor Boulevard extending west to Shoreline Road. The Broadmoor Plan illustrates several low density residential neighborhoods in the vicinity surrounding the proposed recreation complex. Those residential neighborhoods may supply many of the complexes customers. Adjacent to the proposed complex is land reserved for civic and other recreation facilities. Land to the west has recently been purchased by the School District and are being reserved for a future high school. A collector street will be needed running north from Burns Road between the high school and the proposed recreation complex. Traffic generated from the complex will vary greatly depending on the time of day and week. Vehicle trips per typical weekday may range from 375-500, taking into account how many practice sessions occur during that day. Traffic may increase to 700 vehicle trips per day during weekend events. It will be on a high capacity arterial street when completed so it will be easily accessible for visitors and there will be no thru traffic in surrounding neighborhoods so it is unlikely that it will be disruptive for residents. Chairman Cruz asked if the lighting standards that are typically applied to schools and other recreation facilities to limit the amount of spill over to adjacent properties will be used. Ms. Bourcier replied yes. Darrel Moore, of JUB Engineers, 2810 Clearwater Avenue, Kennewick, WA spoke on his application. He stated that they are proposing a park. This complex would be mainly for soccer. He represents Three Rivers Soccer Club and is the Vice -President of the Board. They are in a transitional point were there aren't enough soccer fields available. Currently they rent City of Pasco facilities and other school facilities but they are overcrowded and uses are limited. The complex would be privately run because they have limitations on the public fields. Chairman Cruz asked if that referred to alcohol sales. Mr. Moore responded no. It will be privately owned but the public could use it. There is a large need for this use in Pasco and surrounding cities. With the prices of land going up, park space is limited. The project will consist of grass and synthetic due to many of the upper level soccer leagues play year round and need lighting. They would like to phase this project with the first phase being grass to put the fields in as it is urgent. A few of the approval condition concerns is the roadway. Parks don't generate revenue so adding in a 14 foot long roadway will be more expensive than the facility itself. He discussed the characteristics of the road, access and needs for the area. He felt putting in roadways and utilities is a bit premature given the nature of the surrounding properties that will soon develop in the future. In terms of what the facilities will look like, it will be similar to the complex on Road 36 except much larger and honey buckets for restroom facilities and would be on a maintenance plan. They would possibly have a job trailer for administration. 011 Chairman Cruz asked what could be done to assist the applicant with the road. Dave McDonald, City Planner, said that somebody will have to build the road. Eventually there will be a road north of the fields and the property to the north and to the east is zoned R -S-1 for 10,000 square foot lot sizes. The west side of the road will be built by the School District. There may be options to look at and possibly completed in phases or completed with an LID. Chairman Cruz stated that the applicant will need to work with the City to get the road completed. Mr. McDonald offered to meet with the applicant prior to the next meeting to work it out. There were three members in the audience who did not wish to come forward but were in support of the proposed recreation complex. With no further questions or comments the public hearing closed. Commissioner Roach said that she was excited to see something like this proposed. Commissioner Roach moved, seconded by Commissioner Greenaway, to close the public hearing on the proposed rezone and set August 17, 2017 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. D. Special Permit Pronghorn Ready -Mix Plant (MF# SP 2017-0091 Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the special permit application for a concrete ready -mix plant. The company, Pronghorn LLC, is based out of Wenatchee and desire to place a concrete ready -mix batch plant in Pasco. The property is just south of the convenience store near the Kahlotus Highway Interchange. Ready -mix plants are only permitted in I-3 zones and there is only one 1-3 zone in town owned by the Port of Pasco. In all other industrial zones, ready -mix plants require special permit reviews. The developer is proposing to use the southern half of the site presently for the plant. They will haul aggregate in from a pit they own to the south in the Wallula Area and they have access from a pit north of Highway 395. This location has great access to the freeway to bring their product in and it provides the same benefit for taking the finished product out to the construction sites. Provided in the staff report were findings of fact and the review of conditions and criteria required to be reviewed by the Planning Commission along with approval conditions similar to what was required at the Central Pre -Mix site for controlling dust and particular matter in the air. Commissioner Roach asked if the applicant would be the one running the ready -mix facility or if it would be rented out to a different company. -10- Mr. McDonald answered that the applicant is the owner of the company and will be operating the company. They run industrial businesses all over the country. They feel this is a good market to expand in. This is the third ready -mix facility in Pasco. Chairman Cruz mentioned that the approval conditions included best available management practices for dust control, managing activity during high winds, use of coverage, etc. These are all things discussed during prior hearings for other similar uses and activities. Dean Gill of Pronghorn LLC, 1505 Miller Street, Wenatchee, WA spoke on behalf of his application. They have done their research on the market place on a lot of properties. They are primarily a North Dakota company, where the bulk of their operations take place. They feel the market is growing and they have aggregate. This site gives them good easy access to the highway and is non -evasive and doesn't go through any residential neighborhoods and is all industrial in the area. All of their plants are regulated for air quality and noise. Chairman Cruz asked if he has heard any opposition to this from neighboring properties. Mr. Gill stated that he has not heard any concerns. Commissioner Roach asked if they were only planning to use the southern portion of the site. Mr. Gill said that is correct. He indicated on the overhead projector where this project would take place on the site. Commissioner Roach asked if there were any future plans to occupy the rest of the site. Mr. Gill responded that would be at another meeting but would be a similar business. Mr. McDonald added that there is a site plan included in the packets provided to the Planning Commission. Chairman Cruz asked if it was asphalt production he had in mind in the future on the northern portion of the site. Mr. Gill replied yes. Chairman Cruz responded that this location is where an asphalt plant would belong. There was concern years ago about locating an asphalt plant near the gravel pit and the opposition wasn't because it was an asphalt plant but because the applicant was trying to use the "mineral resource area" as a justification to place the asphalt there when they simply could have put it where it belonged in the I-1 zone. With no further questions or comments the public hearing closed. Commissioner Campos moved, seconded by Commissioner Roach, to close the public sfm hearing on the proposed special permit and set August 17, 2017 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. E. Special Permit Head Start Early Learning Center (Benton Franklin Head Start) (MF# SP 2017-0101 Chairman Cruz read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the special permit application for a Head Start Early Learning Center. Benton Franklin Head Start wishes to open their early learning center in an existing structure located in a C-1 zone. The center will operate 5 days per week and will initially have 13 full-time employees and 51 children, ages 3-5. The building can potentially accommodate up to 102 students. The existing building on site was originally constructed in 2009 to be used as a daycare/pre-school and the applicant at that time had been granted a special permit for the operation of a daycare. The center was only in business for a few years before closing and the building has been vacant since. Although Benton Franklin Head Start is applying for an identical use special permit within the same building, the special permit that was granted in 2009 was personal to the initial applicant and cannot be transferred. The operation of Jig -Saw Pre -School (the original business) did not create a nuisance to the nearby businesses. Traffic to and from this proposed center will typically coincide with the morning peak traffic and slightly prior to the afternoon peak. Staff estimates the center could generate up to 240 vehicle trips per day, however, typically vehicle trips to daycare centers and pre-schools in Pasco don't reach the volumes indicated in the ITE Trip Generation Manual. There are 40 parking spaces on this site with additional parking directly to the west in the Times Square Commercial Center parking lot. Because students have already been enrolled to start this program as early as September, Staff is recommending this special permit be reviewed and forwarded to City Council in one meeting. Kathy Parson, of Benton Franklin Head Start, 1549 Georgia Avenue SE, Richland, WA spoke on behalf of her application. She explained that their program has been in the Tri - Cities since the 1960's. Their program is a pre-school readiness program for children living in poverty. Recently they have been a 3 /2 hour per day program but recently their federal regulations have changed and the new requirements require an all day program. With the change they needed a new location with larger space. Based on the community needs assessment, Pasco is where there is a great need for this program, slightly more so than the other cities. They are ready to begin their program, renovations have been completed with a federal grant and it looks beautiful. Chairman Cruz asked if there has been any opposition for any of the neighbors. Ms. Parson said not that she is aware of. Commissioner Roach asked Ms. Parson if she was in agreement with the approval conditions. Ms. Parson responded yes. With no further questions or comments the public hearing was closed. -12- Commissioner Roach moved, seconded by Commissioner Greenaway, to close the hearing and adopt the findings of fact and conclusions therefrom as contained in the July 20, 2017 staff report. The motion passed unanimously. Commissioner Roach moved, seconded by Commissioner Greenaway, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit to Benton Franklin Head Start Early Learning Center at 6215 Burden Boulevard with conditions as contained in the July 20, 2017 staff report. The motion passed unanimously. F. Rezone Quail Investment Rezone (Terry Blankenship) IMF# Z 2017-0011 Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the proposed rezone application from C-1 (Retail Business) to C-3 (General Business). The applicant, Terry Blankenship, is a local Tri - Cities real estate agent and developer interested in purchasing this property. Initially he wanted to place a restaurant supply facility at this site that would do some minor tin bending of steel for sinks and countertops but that project has fallen through. He is now working on other endeavors that would require more intense zoning than C-1. This parcel was annexed into the City over 42 years ago and has basically been skipped over by development in that time. Other properties in the neighborhood have been rezoned to C-3 and I-1 over the years. Provided in the staff report were findings of fact, conclusions and conditions for the Planning Commission to review. The only concern staff had with this application, as with other applications in the past requesting C-3 zoning, is that it could bring with it some uses that aren't appropriate for this site, such as, heavy equipment, machinery sales and service and like uses. If this application were to be granted, staff would recommend it be conditioned to eliminate those items that would create nuisance situations for the neighborhood. This rezone would lead to an opportunity to develop this property that has been a dusty, weedy nuisance to the neighborhood for many years. This may be an opportunity to clean this site up and enable the City to recoup some of the public investment that has been put in to some of the surrounding streets by generating new buildings and property taxes. Commissioner Roach asked Mr. McDonald to clarify some of the problematic uses that staff felt could come from C-3, such as, mobile home and RV sales. Mr. McDonald said those are outdoor functions and they don't always pave their parking lots which would cause dust to blow through the neighborhood. Heavy equipment would come in to drop it off. There could be a business much like Beaver Bark where they pile up mounds of dirt and bark and again there would be dust blowing through the neighborhood along with the heavy equipment dropping it off. These activities could also cause noise to the surrounding neighborhoods. Commissioner Roach asked why auto body shops would create a nuisance. Mr. McDonald said auto body shops have hazards present with explosions, paint booths, obnoxious odors, etc. -13- Chairman Cruz said this is a way to work with developers while protecting the neighborhood. Terry Blankenship, 8905 Gage Boulevard, Richland, WA spoke on behalf of his application. He submitted a handout to show the Planning Commission the site and what he had in mind in terms of layout of the property. The parking lot will all be paved and what he anticipates are small businesses, such as contractors, who only need a 500 square foot office, bathroom and possibly a place to store their equipment and other type service businesses. This area was originally C-1 for retail but this part of town is no longer believed to be where retail is going to expand as was the thought in the past. When Road 68 opened up retail moved to Road 68 and this area became more light industrial and service based industry. He believes the zoning is why this site hasn't developed and not the price of land because it wasn't that expensive. He explained similar uses in the area next to R-3 zoning. Chairman Cruz asked if this project would be similar to the development by Vista Field in Kennewick. Mr. Blankenship replied yes and that he owns that property. Commissioner Campos added that he thought this was the perfect location for his proposed development, that it was similar to other uses in the neighborhood and would have a low impact. With no further questions or comments the public hearing closed. Commissioner Roach moved, seconded by Commissioner Greenaway, to close the public hearing on the proposed rezone and set August 17, 2017 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. G. Special Permit Port of Pasco Rezone from RS -1 to I-1 (Port of Pasco) (MF# Z 2017-002) Chairman Cruz read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the rezone application from RS -1 (Residential Suburban) to I-1 (Light Industrial). The Port of Pasco and the Tri -Cities Airport are seeking a rezone of three parcels that include portions of the Tri -Cities Airport Operations Area and the Airport Business Center — combined it will be 20 acres. All three parcels lie within either airport safety compatibility zones 1 or 2, which restrict certain uses in those areas. The portion of the rezone area that is airport runway is a secure area not accessible to the public while the remaining portion is served by Morasch Lane off of West Argent Road. When the site was annexed in 1979, it was automatically zoned residential. I-182 had not been constructed yet and the exact location of the airport's property lines were still in dispute. This resulted in the inappropriate isolation of the site as the interstate cut through in 1984. The Port adopted and updated its Airport Master Plan several times in the past 30 years outlining the land uses that would be acceptable in and around the airport. The City's Comprehensive Plan has also been updated several times -14- since 1985. The current RS -1 zoning for the property is not consistent with the City's plan. The airport safety compatibility zones restrict residential uses in these areas but there are few restrictions for industrial uses. Not only will rezoning to I-1 bring the property into compliance with the Comprehensive Plan, it will enable the Port of Pasco and the airport to utilize an otherwise unusable area of land. It should also be noted that the City of Pasco has already been made aware of interests in developing this site already. Staff is recommending this rezone be reviewed and forwarded to City Council in one meeting. Commissioner Roach asked what interests have been showed at this site. Ms. Bourcier responded that there has been interest in the building of an auto auction building, however it is only speculative at this time. Gary Ballow with the Port of Pasco, 1110 Osprey Pointe Boulevard, spoke on behalf on this item. He introduced the Executive Director for the Port of Pasco, Randy Hayden, and the Director of the Airport, Buck Taft. They are in support of the rezone request. The Port of Pasco owns and manages the Tri -Cities Airport and in that, they try to protect the airport and land use as well as encourage development that would meet those uses. They are currently working with a tenant of the Airport Business Center and this use is a preferential use for being near an airport, meets the safety zones and meets the City's Comprehensive Land Use. The Port was surprised to find that the zoning did not match the airport or City's plan. Chairman Cruz reminded that Commission about the lengthy process of the airport safety zones. Tom Kidwell, 4320 Riverhaven, spoke on behalf of this item. He does not believe this site should be used for an auction site due to the amount of people that will be here on auction days. They have plenty of land without placing it in this location. As to the rezone, he did not have an issue with the zoning - the issue was with the proposed use. Mr. Ballow addressed the location for the proposed auction site. Given the shape and location of the site, they felt this use fit the best use of the site. He stated that it will be landscaped to look very nice. Commissioner Greenaway asked if this would be fenced off from the airport. Mr. Ballew said yes. With no further questions or comments the public hearing closed. Commissioner Roach moved, seconded by Commissioner Greenaway, moved to close the hearing and adopt the findings of fact and conclusions therefrom as contained in the July 20, 2017 staff report. The motion passed unanimously. Commissioner Roach moved, seconded by Commissioner Greenaway, based on the findings of fact as contained in the July 20, 2017 staff report and conclusions as adopted, the Planning Commission recommend the City Council rezone the three parcels located at -15- the northeast corner of Road 36 and West Argent Road from RS -1 to I-1. The motion passed unanimously. H. Block Grant 2018 Community Development Block Grant Allocations IMF# BGAP 2017-0031 Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community &, Economic Development Director, discussed the 2018 Community Development Block Grant (CDBG) Allocations. The staff memo went over the history of the Block Grant program and the authorizing legislation at the federal level. He went over the programs used to divide up those funds. The block grant funds themselves are allocated to cities. The City of Pasco is an entitlement city so Pasco received funds every year for a certain amount automatically without having to apply or compete for it. That amount is based on the population and the income levels of households within the city limits. The Consolidated Plan is the Comprehensive Plan of the Block Grant Program and provides guidance on the HOME program, the Neighborhood Stabilization Program and the Block Grant Program. A couple of years ago, Council reduced the goals in the Consolidated Plan to the three goals presented on the overhead and in the staff memo. There is selection criteria that staff uses in order to provide recommendations to the Commission and then City Council adopted a resolution, Resolution 1969, passed in 1999 that designates the Planning Commission as the official Block Grant Advisory Committee of the City. It identified priorities for projects and concludes that social services are not allowed as eligible uses of CDBG funds. While that seems tough, there is a social block grant program at the state level that does provide for needs of health, education and welfare that this program is not necessarily set up to provide. For the program year of 2018, staff estimates we will receive $695,000 based on the funding level of 2017. It is uncertain if that number will go up or down. However, the 8 proposals received (3 of which were non -city applicants) all come in under the funds we estimate to receive. The breakdown of the 8 proposals are: Program Administration (capped at 20%), Public Services (YMCA, MLK Center and Senior Center staff), Economic Opportunities (DPDA for assistance with the Specialty Kitchen) and Affordable Housing which will be carried out by city staff and Rebuilding Mid -Columbia to assist in housing renovations and repairs for low to moderate income families. Steve Howland of YMCA of the Greater Tri -Cities, 1234 Columbia Park Trail, discussed his request for funds. He has received CDBG funds in previous years for the same project. Their largest program is the soccer program but they also have a weight room, computer lab and soon to have a STEM program. They are requesting the funding to help keep these programs running. Chairman Cruz pointed out that their program can assist over 2,000 people which is a lot of people for the small amount of money they have requested from the City. Commissioner Portugal asked how many kids visit the center on a daily basis. Mr. Howland said it depends but in the summer it can range from 50-200 kids per day. And by kids, they take young adults and teens as well as grade school age children. -16- With no further questions or comments the public hearing closed. OTHER BUSINESS: With no further discussion or business, the Planning Commission was adjourned at 9:31 p.m. Respectfully submitted, David McDonald, City Planner -17- MEMORANDUM DATE: August 17, 2017 TO: Planning Commission FROM: Dave McDonald, City Planner SUBJECT: Iris Estates Zoning Question (MF# PP 2017-007) There was some discussion during the public hearing on this preliminary plat that the Planning Commission should consider requiring larger lot sizes as a part of the plat recommendation process. Concern over maintaining the character of the neighborhood was the reasoning behind the discussion to increase the size of some of the lots. At this point the Planning Commission does not have the option to compel the developer to increase lot sizes. First, the minimum lot size for this plat was established in 2001 when the Planning Commission recommended all properties east of Road 100 and north of Argent Road and south of the FCID canal be zoned RS -12. As a part of that zoning process the Planning Commission considered the character of the adjacent property and the impact the RS -12 zoning would have on the value of the whole area. In addition to the consideration given to surrounding properties the Planning Commission also considered the zoning review criteria in PMC 25.88.030 and 25 88.060 when recommending the RS -12 zoning. The review criteria applicable to preliminary plats is directed toward provisions of public health related to utilities, open space, parks, schools, safe travel, free movement of light and air and related items. The preliminary plat review process does not include the character of surrounding properties. That consideration is completed through the rezone process prior to review of a preliminary plat. The zoning process was completed 16 years ago. The preliminary plat process is not to be used to reconsider zoning applicable to the property. In fact a preliminary plat cannot be approved unless it is in conformance with the underlying zoning (RCW 58.17.195). Secondly, the Planning Commission is obligated per the State's Vesting Doctrine to review the proposed plat under the established zoning applicable to the property at the time the preliminary plat application was accepted. The Washington vested rights doctrine provides developers with a degree of certainty in the development process that land use regulations will not change during their application and development process. In 1978 the legislature made the Vesting Doctrine law by enacting RCW 58.17.033 (1) which reads: (1) A proposed division of land, as defined in RCW 58.17.020, shall be considered under the subdivision or short subdivision ordinance, and zoning or other land use control ordinances, in effect on the land at the time a fully completed application for preliminary plat approval of the subdivision, or short plat approval of the short subdivision, has been submitted to the appropriate county, city, or town official. Ten years after the legislature codified the Vesting Doctrine the Courts in Noble Manor vs Pierce County concluded a developer "has a right to have that application considered under the zoning and land use laws existing at the time the complete plat application is submitted"... RS -12 zoning was in place at the time the City accepted Sun Belt properties preliminary plat application for Iris Meadows. The developer now has the right to have his preliminary plat considered under those regulations. The RS -12 regulations permit 12,000 square foot lots. The different criteria for reviewing and approving zoning verses subdivisions along with the State's Vesting Doctrine preclude the Planning Commission from trying to change the land use regulations by altering the lot sizes of the proposed plat. The developer is vested and has the right to develop his plat with 12,000 square foot lots. 2 REPORT TO PLANNING MASTER FILE NO: PP 2017-007 HEARING DATE: 7/20/2017 ACTION DATE: 8/17/2017 APPLICANT: Sun Belt Properties 8202 Quinault Ave Ste. C Kennewick, WA 99336 REQUEST: Preliminary Plat: Iris Meadows, (34 -Lot Single Family Subdivision). 1. PROPERTY DESCRIPTION: Legal: NW Quarter of Section 16, T9N, R29E, WM General Location: The 3300 block of Rd 100 (East side of Road 100) Property Size: 12.88 Acres Number of Lots Proposed: 34 single-family lots Square Footage Range of Lots: 12,012 ft2 to 14,545 ft2 Average Lot Square Footage: 12,446ft2 2. ACCESS: The property will have access from Road 100 and eventually connect to Rd 96. 3. UTILITIES: Municipal sewer services are located in Road 100. 4. LAND USE AND ZONING: The site is zoned RS -12 (Suburban Residential). Surrounding properties are zoned and developed as follows: NORTH: RS -12 - Short Plat 92-4 8v Montgomery Estates SOUTH: R-1- Vacant & a Church EAST: RS -20 - Vineyard WEST RS -12 & RS -20 - Peppermint Terrace & Wilson Add 5. 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. Il, 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: Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, testimony at the public hearing and other information, a Determination of Non -Significance (DNS) has been issued for this project (WAC 197-11- 355). ANALYSIS The proposed subdivision is located immediately east of Road 100 and north of the Desert Springs Church at the northeast corner of Road 100 and Argent Road. From the mid -1940s to recent years the property was the Olsen farm. Mrs. Olsen sold the property to Kingspoint Christian School in 2000. The Kingspoint School was granted two special permits for development of a school and sports fields over the years but was unable to follow through with construction plans to build a school. The property was recently sold to a developer who plans on developing 34 single-family lots on the property consistent with the RS -12 zoning on the property. Per RCW 58.17.033 (1) this plat application must be reviewed and considered under RS -12 zoning that were in place at the time the application was accepted by the City. The site has been designated for low-density residential development since 1982 and was zoned RS -12 when it was annexed in 2001. Properties to the west are developed with single-family homes on lots zoned RS -12 (Wilson Addition & part of Peppermint Terrace) and RS -20 (Peppermint Terrace). Properties to the east and north of the site are also designated for low-density residential development and zoned RS -20. LOT LAYOUT: The proposed plat contains 34 residential lots. The lots vary in size from 12,012 square feet to 14,545 square feet. The average lot size is 12,446 square feet. The proposal is consistent with the density requirements of the RS -12 zoning on the site. The minimum lot size for the RS -12 zone is 12,000 square feet. The lot density is also consistent with the provisions of the Comprehensive Plan that suggests 2 to 5 dwelling units per acre would be appropriate for the location of the proposed plat. RIGHTS-OF-WAY: All lots have frontage on streets which will be dedicated. The east half of Road 100 will be finished with this subdivision to match the Road 100 improvements that were installed with Montgomery Estates to the north. The street along the north portion of the plat lines up with Merlot Drive to the east. Merlot Drive will eventually connect Road 100 to Road 96. The Merlot connection will improve traffic circulation in the neighborhood and provide for needed looping and redundancy in the utilities. i] UTILITIES: Municipal water service runs north and south in Road 100. A sewer line also runs north in Road 100. The plat is within the FCID boundaries and will be served by the Irrigation District. The power poles along Road 100 will need to be relocated out of the right-of-way. They are currently not in the right-of-way but Road 100 needs to be widened and additional right-of-way must be dedicated with this plat. A utility easement will be needed along the first 10 feet of street frontage of all lots. The final location and width of the easements will be determined during the engineering design phase. The front yard setbacks for construction purposes are larger than the requested easements; therefore the front yard easements will not diminish the buildable area of the lots. The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. As a general rule, fire hydrants are located at street intersections and with a maximum interval of 500 feet between hydrants on alternating sides of the street. Streetlights are located at street intersections, with a maximum interval of 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 be added prior to final plat approval. IRRIGATION: The municipal code requires the installation of irrigation lines as part of the infrastructure improvements. The property is within the FCID boundaries and will not be served by the City. 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 RS -12 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 2.6 units per acre. No more than t3 40 percent of each lot is permitted to be covered with structures per the RS -12 standards. The general neighborhood around Road 100 south of the FCID pipeline contains suburban residential lots of various sizes as follows: 9,278, 12,047, 14,984, 15,289, 17,641, 18,880, 19,998 and 44,344 square foot lots. Most of the lots in this area are under a half acre in size but, they meet the 2 to 5 dwellings per acre provision of the Comprehensive Plan. Parks Opens Space/Schools: The entrance to Chiawana Park is located about 1,800 feet to the southeast of the plat. 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. The City also includes a park impact fee ($1,420) with the permit for each new house to address park needs in the community. 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 for low-density residential areas is 5 dwelling units per acre. The developer is proposing a density of 2.6 units per acre. The proposed development will include improvements to Road100 and the first segment of the Merlot Drive connection to Road 96. Safe Travel & Walking Conditions: The plat will connect to the community through the existing network of streets. Sidewalks will only be installed along Road 100 as the interior lots within the RS -12 zone do not require sidewalks. The sidewalk along Road 100 will be constructed to current City standards and to the standards of the American's with Disabilities Act (ADA). Adequate Provision of Municipal Services: All lots within the plat will be provided with water, sewer and other utilities. Provision of Housing for State Residents: This Preliminary Plat contains 34 residential building lots, providing an opportunity for the construction of 34 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 Road 100. The a Preliminary Plat was submitted to the Transit Authority for review (The discussion under "Safe Travel' above applies to this section also). Driveways are typically limited on major streets such as Road 100. The plat has been laid out to allow for a block wall along road 100 with access provided by interior streets only. The Transportation Improvement Plan includes two projects that enhance traffic flow on Road 100 by 2022. The plan calls for Crescent Drive to be connected to Chapel Hill Boulevard allowing all traffic west of Road 108 and from Wilson Meadows to access Road 100 by going north to Chapel Hill Boulevard. The second project involves the widening of Road 100 from court Street to Chapel Hill Boulevard. These upgrades will improve traffic flow on Road 100. Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the Plat site for low-density residential development. Policies of the Comprehensive Plan encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing for residents. Other Findings: • The site is within the Pasco Urban Growth Boundary. • The State Growth Management Act requires urban growth and urban densities to occur within the Urban Growth Boundaries. • The site is relatively flat with a slight slope to the south. • The site is mostly vacant. (There is one vacant house and several old farm buildings on the site. These will be removed to make way for the plat.) • The site is not considered a critical area, a mineral resource area or a wetland. • 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 RS -12 (Suburban Residential). • The site was zoned in 2001. • RCW 58.17.033 requires the Planning Commission to only consider the proposed plat under RS -12 zoning. • The developer is proposing 2.6 dwelling units per acre. • The general vicinity or neighborhood around Road 100 south of the FCID pipeline is characterized by a variety of suburban single-family lots of varying sizes including 9,278, 12,047, 14,984, 15,289, 17,641, 18,880, 19,998 and 44,344 square foot lots. 5 • A search (July 2017) of the Franklin County assessor records indicates a mix of residential lot sizes within a neighborhood has no impact on property values. The values of properties the 40,000 square foot lots in the 9700 and 9800 block of Maple Drive have not decreased in value as the result of being near the 9,200 square foot lots in Montgomery Estates. • Maple Drive west of Road 96 has a mix of lots, some being 40,000 square feet or more and some being only 17,859 square feet. The smaller lots on Maple Drive have not cause the values of the larger lots to decrease (July search of Franklin County Assessor Records). • 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. • Merlot Drive along the northern portion of the plat has been position to allow for the extension of merlot Drive from Road 96 to the east and proved street interconnectivity encourage by the Comprehensive Plan. • Per the ITE Trip Generation Manual 8th Addition the proposed subdivision, when fully developed, will generate approximately 340 vehicle trips per day. • The Transportation Improvement Plan calls for widening Road 100 from Court Street to Chapel Hill Boulevard in 2022. The Plan also indicates Crescent Drive will be extended to Chapel Hill Boulevard by the same date. These improvements will improve the travel flow through the neighborhood. • The current traffic impact fee is $709 per dwelling unit. The impact fees are collected at the time permits are issued and said fees are used to make traffic improvements and add traffic signals in the I-182 Corridor when warranted. • The current park impact fee is $1,420 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. In this case the developer will be paying the full fee. • RCW 58.17.110 requires the City to make a finding that adequate provisions have been made for schools before any preliminary plat is approved. • The City of Pasco has adopted a school impact fee ordinance compelling new housing developments to provide the School District with mitigation fees. The fee was effective April 16, 2012. 0 • 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, storm water retention and sidewalks where required by zoning. Sidewalks will be required along Road 100. • Water lines and fire hydrants are required to be looped. • Per PMC 12.36.050 the developer must extend all utilities to and through the subject parcel. • 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. • Storm water runoff and infiltration calculations must comply with the Storm Water Management Manual for Easter Washington, they must be provided for review and approval. Storm water calculations must be prepared, stamped, signed and dated by a currently licensed Professional Engineer registered in the State of Washington. • 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. • The developer is responsible for all costs associated with construction, inspection, and plan review service expenses incurred by the City Engineering Office. • The developer is responsible for installing irrigation lines meeting the standards of the Franklin County Irrigation District. • 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. • The final plat will contain 10 -foot utility easements parallel to all streets. Additional easement will be provided as needed by utility providers. • Access to arterial streets such as Road 100 is restricted by plat notes and the construction of a block wall separating all lots backing on the arterial street. • There is one long lot to the north of the proposed subdivision. Without conditions the lot to the north could be subjected to the construction of seven different fences from the seven different lots along the north boundary of the plat. A fence condition could remedy this concern. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed Plat the Planning Commission must develop findings of fact from which to draw its conclusion (P.M.C. 26.24.070) therefrom as to whether or not: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; The proposed plat will be required to develop under the standards of the Pasco Municipal Code and the standard specifications of the City Engineering Division. These standards for streets, sidewalks, and other infrastructure improvements were designed to ensure the public health; safety and general welfare of the community are secured. These standards include provisions for streets, drainage, water and sewer service and the provision for dedication of right-of-way. The preliminary plat was forwarded to the PUD, the Pasco School District, Cascade Gas, Charter Cable, Franklin County Irrigation District 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. Chiawana Park is located to south of the subdivision. 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; 8 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 Road 100. The proposed plat follows in the land use patterns for single-family development similar to the last two subdivisions (Wilson Meadows and Montgomery Estates) built in the general vicinity. Peppermint Terrace 18t Addition on the west side of Road 100 is developed with lots that are well under a half acre in size. (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 ensure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through 4 development of this Plat. These factors will ensure 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 common "Estate" type fence six -feet in height along the west 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 Division and shall be approved by the Parks Department prior to installation. 4. Excess right-of-way along Road 100 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. 5. The sidewalks on Road 100 shall be offset to accommodate the planting strip required in Number 4 above. 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 Road 100 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. 10 9. The developer shall work directly with Franklin County PUD on the relocation of the power poles in order to install the necessary roadway infrastructure along Road 100, this shall include installation of the necessary conduit and electrical vaults as determined by Franklin County PUD so that when the PUD undergrounds the lines in the future as part of larger project the infrastructure across the plat frontage will be available. All power lines along the interior of the streets shall be placed underground per City standard. 10. The developer shall install a common fence (ie all cedar, vinyl or block) along the north line of the plat. Adjacent to Lot 2, short Plat 92-4. The fence must be installed in conjunction with the construction of each house on the lots abutting said Short Plat. 11. 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 adopt Findings of Fact and Conclusions therefrom as contained in the August 17, 2017 staff report. MOTION: I move based on the Findings of Fact and Conclusions, as adopted, the Planning Commission recommend the City Council approve the Preliminary Plat for Iris Meadows, with conditions as listed in the August 17, 2017 staff report. 11 E g owl O.VMI-nItNIA-1*01*A � AK a a r�T li�z -filt SWAT" 7*11 A 0 pw IWF;w4;f g owl O.VMI-nItNIA-1*01*A � AK a IS ins, i ^� fi r'♦ B e ® r F� tom\ 34-4 - s h, 6 Q -Q _ NOlONIHSVM'OOSVd JO A110 3H1 Ni 031VOOl NOISIA108NS tl g 4 SiBd E41 SM0av3W SR11 ate•. A. !UOd 1Vld A8VNIWIl3Ud Su tl 6 Qp� 2.0 1 iy W�Y as a E > "ra OVOU1N30UV --- - ----- - _. 111�041 1; m XA Rt Wa3 a - All f 0 F � � - � REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2017-008 APPLICANT: JUB Engineers, Inc. HEARING DATE: 7/20/2017 2810 W Clearwater Ave, Ste. 201 ACTION DATE: 8/17/2017 Kennewick, WA 99336 BACKGROUND REQUEST: SPECIAL PERMIT: Locate a recreation complex in an RS -1 zoning district. 1. Legal: Farm Unit 99, IRR Blk 1 EXC PTN for CO Rd R/W (1754579) General Location: 10700 block of Burns Rd. Property Size: 22 acres located in the southwest corner of a large 119 acre parcel. 2. ACCESS: The site is accessible from Burns Road 3. UTILITIES: City water is available to the site off Burns Road, but sewer is not. 4. LAND USE AND ZONING: The site is currently zoned RS -1 (Suburban) and is vacant. Surrounding properties are zoned and developed as follows: NORTH: County - Single-Family/Crop Fields SOUTH: RT - Vacant EAST: County, RS -1, R-3 - Crop Field/Vacant WEST: County - Crop Field 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Low -Density Residential uses; however, Policy ED -1-13 encourages the development of tourism and recreational opportunities within the City. 6. ENVIRONMENTAL DETERMINATION: Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, testimony at the public hearing and other information, a Mitigated Determination of Non -Significance (MDNS) has been issued for this project. Mitigation factors include the construction of streets and utilities on the south and west side of the proposed soccer complex in accordance with City standards. 1 ANALYSIS The applicant has applied to construct a recreation complex in a RS -1 zoning district. Pursuant to PMC 26.22.040(7), recreation complexes are considered conditional uses in RS -1 zones and require Special Permits prior to construction. The complex will be located on 22 acres in the southwest portion of the 119 -acre parcel -2,100 linear feet west of the intersection of Broadmoor Blvd. and Burns Rd. The site is part of the Barker property that was annexed in 2016 and is currently used for agriculture; there are no existing structures on the 22 -acre site in question. The applicant has indicated that the privately -run recreation complex will be used for soccer, lacrosse, and other field sports, boasting eight grass and two synthetic turf fields. The complex is intended for the general public, but each field may be rented on either an hourly or membership basis. The applicant also stated that some fields will have lighting for evening use that will not extend past 10 pm. Development of the complex is set to be completed in phases. Phase 1 will take place in the fall of 2017/spring of 2018; Phase 2 in the fall of 2018/spring of 2019; and Phase 3 in the fall of 2019/spring of 2020. There is also the possibility for future development of a clubhouse for meetings and facilities storage. Unrelated to the project but important to note for context is the future implementation of Pasco's Broadmoor Master Plan, which delineates proposed uses starting from Broadmoor Boulevard and extending west all the way to Shoreline Road. The Broadmoor Plan illustrates several low-density residential neighborhoods in the vicinity surrounding the proposed recreation complex, which may supply many of the complex's customers. Adjacent to the proposed complex is land reserved for civic and/or other recreation facilities. The completed complex will use domestic and irrigation water from the City of Pasco. Adjacent lands to the west have recently been purchased by the School District and are being reserved for a future high school. Traffic generated by the complex will vary greatly depending on the time of day and week. According to the applicant as well as the Institute of Transportation Engineers (ITE) Trip Generation Volume 8, vehicle trips per typical weekday may range from 375 to 500, taking into account how many practice sessions occur during the day. Traffic may increase during weekend events, as it is estimated that there could be as many as 700 vehicle trips per day. However, considering its location on a high-capacity arterial street, the recreation complex will be easily accessible for visitors and there will be no through -traffic in surrounding neighborhoods. Therefore, despite increased vehicle trips to and from the area, it is unlikely that it will be disruptive for residents. The site is located about midway between Broadmoor Boulevard and Dent Road. A collector street will be needed at this location running north from 2 Burns Road between the future High School site and the proposed recreation facility. Adjoining property owners are responsible for designing and building their respective half of all streets abutting their property. These street improvements include utilities, street lighting, storm drainage, signage sidewalks, right-of-way dedication and other features consistent with the City's Standard Specification. The applicant's site has 600 feet of street frontage along Burns Road and will have 1,452 feet of frontage along the west side of the property. The applicant will be responsible for construction the necessary infrastructure improvements as discussed above. The infrastructure could be constructed in phases similar to how subdivisions are built with improvements being completed with each phase. The proposed recreation complex will be constructed in phases. 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 parcel contains 119 acres but only 22 of those acres are designated for development. 2. The site is zoned RS -1 (Suburban). 3. The site fronts Burns Road. 4. Pursuant to PMC 26.22.040(7), recreation complexes are considered conditional uses in RS -1 zones that require Special Permits. 5. The site is currently used for agriculture. 6. The finished recreation complex will have eight grass/turf fields for the use of soccer, lacrosse, and other field sports. 7. Some fields will have lighting that will not extend past 10 pm. 8. Development of the complex will be completed in three phases. 9. Vehicle trips per weekday to and from the site may range from 375 to 500 and up to 700 on a weekend day. 10. The site fronts an arterial street which will allow for easy access and no through -traffic in surrounding neighborhoods. 11. The site in question will require the development of 2025 lineal feet of street and utility improvements. Code Codes and Standard Specification require property owners adjoining current and future right-of-way to complete the street improvement at the time their property is developed. 3 12. The developer of the recreation fields will be responsible for development of the adjoining streets per City Standards. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Comprehensive Plan designates the site for Low -Density Residential uses; however, Policy ED -1-D encourages the development of tourism and recreational opportunities within the City. (2) Will the proposed use adversely affect public infrastructure? A recreation complex will generate traffic that will vary greatly depending on the day of the week. However, its location on a high-capacity arterial street (Burns Road when fully built will be a major arterial street.) will allow for the extra traffic without resulting in congestion. Development of the proposed recreation complex will require the development of adjoining streets and utilities. Demands for potable water from this site will minimal. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The RS -1 District provides for low density residential environments permitting single-family homes on large suburban lots. The applicant's immediate neighborhood area is mostly vacant; however, Pasco's Broadmoor Master Plan illustrates the planned development of several low-density residential neighborhoods in close proximity to the proposed recreation complex. The Broadmoor plan also shows strips of designated park areas lining Burns Road. On the east side of Dent Road adjacent to said complex is land designated for civic and/or other recreation facilities. Considering this, it can be said that the proposed complex will be sited, constructed, and maintained in general harmony with the character of the neighborhood. For comparison the City's soccer complex is located adjacent to a large residential neighborhood without and diminution of the surrounding character of the neighborhood. (4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof 0 Requirements of the Pasco Municipal Code will ensure the recreation complex will be built to conform to all height and setback standards. Since the complex consists mostly of flat fields, there will be little obstruction of view for residents in the vicinity. Based on experience form the soccer complex near the TRAC facility there should be no reason why the development of permitted uses on property in the vicinity would be discouraged as a result of the development and operation of the proposed recreation complex. (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 Broadmoor Master Plan indicates land adjacent to the proposed complex is reserved for civic and recreation facilities, therefore the area has already been slated for development with non-residential uses. Disturbance to future single- family dwellings that may locate near the complex is unlikely, given that any light or noise that accompanies the use will cease by 10 pm. Again, the location and operation of the soccer complex adjacent to the Linda Loviisa subdivision has not created fumes, vibrations, or dust that have created objectionable conditions in the neighborhood. Traffic is also unlikely to cause disruption, as the complex will be located on an arterial street which discourages visitors from cutting through neighborhoods. (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? Requirements of the Building Code and other City Codes will ensure the recreation complex will be built to conform to all public health or safety standards. The building code standards coupled with other codes and requirements will ensure the complex will not be a nuisance to the neighborhood. APPROVAL CONDITIONS 1. The special permit shall apply to Franklin County tax parcel # 115180073; 2. The recreation complex must be developed in substantial conformance with the site plan submitted with this special permit application; 3. The applicant is responsible for designing and building street improvements for the north half of Burns Road and the east half of the north/ south collector between the applicant's site and the School District property to the west. The street improvements will be required for the 5 length of the applicant's property including a transition taper at each end of the property if needed. The street improvements must be built to full City Standards including the installation of utilities. Said street and utility improvements can be built in phases corresponding to the phasing of the soccer complex as follows 1) With Phase 1 the north/south collector street must be improved from Burns Road to the south end of the first phase fields constructed. 2) With Phase 2 the north/south collector street from shall be improved from the south end of the first phase fields to the center of the second phase fields. 3) With Phase 3 the north/south collector street shall be improved completed to the north property line. 4) Burns Road improvements must be completed in conjunction with the street improvements associated with the property to the east (Parcel # 115180064) or west (115180042). Burns Road improvements shall include an off -set sidewalk and landscaping with lawn and trees at 50 -foot intervals as approved by the City Parks Division. 4. The site must maintain at least a 20 -foot landscaped setback area between all streets, fields, and parking lots with 65 percent live vegetation. 5. The parking lot improvements including hard surfacing and landscaping must coincide with and be completed with each phase of the development as follows: 1) One third of the parking lot improvements must be completed with Phase 1. 2) Two thirds (One third for the Phase 1 and one third for Phase 2) of the parking lot improvements must be completed with Phase 2. 3) All parking lot improvements must be completed with Phase 3. 6. Full right-of-way dedication for adjacent streets must occur with Phase 1. 7. No shipping containers or other related or similar temporary structures will be permitted on the site except for during periods of construction only. 8. Field lighting must be approved through an amendment to the special permit considered by the Planning Commission. 9. The special shall be null and void if a building permit has not been obtained by December 30, 2017. 6i MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the August 17, 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 Tri Cities Soccer Association under MF# SP 2017-008 for the location of soccer complex on Parcel # 115180073 with the conditions as contained in the August 17, 2017 staff report. 7 UAIEJ 'HOOWOVOHB •ij„ ly f, e e t R [ W z w D 0. o o F. F-LLI'n W o g a gy; � g = o i I o I I - _..t -- y UK• tt , y 'i 1. O ■ O a yF t�irY� i. %1 ,•.V. �SYh{�kw' �'Y.%f�'..aR .' . . F [�� I � p � ' � � _ ,r. Q � `j"'.L. w �?5�as y'�' }w REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2017-009 APPLICANT: Pronghorn LLC HEARING DATE: 7/20/2017 1505 N Miller St. Ste 260 ACTION DATE: 8/17/2017 Wenatchee, WA 98801 BACKGROUND REQUEST: SPECIAL PERMIT: Ready -Mix Concrete Facility in an I-1 Zone 1. Legal: Lot 4, BSP 2016-01 General Location: SW corner of Ventura Rd and the PK Highway Property Size: 36 Acres 2. ACCESS: The site is accessible from Ventura Road, Kendall Drive and the Pasco Kahlotus Road. 3. UTILITIES: Municipal utilities currently serve the site. 4. LAND USE AND ZONING: The site is currently zoned I-1 (Light Industrial) and is vacant. Surrounding properties are zoned and developed as follows: NORTH: I-1 - Agriculture and Carrot Plant SOUTH: I-1 -Trucking, Onion Processer, Truss Plant EAST: I-1 - Agriculture WEST: I-1 - Meat Cutting Facility and a "C" Store 5. COMPREHENSIVE PLAN: The plan encourages the concentration of activities that are functionally and economically beneficial to each other. The plan also encourages the development of a wide range of commercial uses strategically located to support local and regional needs. 6. ENVIRONMENTAL DETERMINATION: Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, testimony at the public hearing and other information, a Mitigated Determination of Non -Significance (MDNS) has been issued for this project. Mitigation factors include using the best available management practices to control dust generated by the ready -mix plant operation. Best management practices may include: 1 • Using water or chemical dust suppressants on particulate matter (PM) containing surfaces (i.e. haul roads) and/or materials prior to and during activities that may release PM into the air; • Managing activity during high winds, if the winds are likely to cause the release of PM into the air; • Using covered chutes and covered containers when handling, transferring, and/or storing PM containing materials; • Minimizing the free fall distance, i.e. drop height, of PM containing materials at transfer points such as the end of conveyors, front end loader buckets, etc.; • Managing vehicle loads with potential of release of PM with appropriate covers or freeboard; • Minimizing exposed areas of PM containing materials such as storage piles, graded surfaces, etc, and/or using tarps or chemical dust suppressants to minimize releases to the air; and/or • Limiting vehicle speed to less than 15 miles per hour on unpaved surfaces; • Consolidating storage piles whenever possible; • Managing stockpile loader and haul truck travel to control release of PM. ANALYSIS The applicant proposes to locate a concrete ready -mix facility on 36 acres of land located in the 300 block of the Pasco Kahlotus Road. The ready -mix facility will consist of a modular office, concrete batch plant, truck wash and an aggregate stockpile. The sand and aggregate will be trucked to the site from an off-site quarry. The sand and aggregate will be to make ready -mix concrete that will be delivered from the batch plant to construction sites around the Tri - Cities. The last ready -mix plant to locate in Pasco was Connell Sand and Gravel which developed a similar facility on Burlington Street in 2000. Ready -mix plants are a permitted use in the I-3 Heavy Industrial zone and a conditional use in the I-2 Medium Industrial Zone. They are also listed as a conditional use under the Natural Resource section of PMC 25.70.110. The proposed ready -mix site has been identified in the Comprehensive Plan for more intense industrial uses for over 35 years. The site has also been zoned for industrial activities for about 35 years. The site was originally zoned I-1 in the County prior to annexation in 2013. Noise is an issue that is often associated with ready -mix plants. In many cases offending noise from a ready - mix plant is generated by a rock crusher that prepares the aggregate that is used in the concrete mixing process. In this case the aggregate will be mined and prepared at an off-site location and then transported to the site by truck. FA Any noise associated with the proposed plant will come from the trucks and the ready -mix plant itself. The adjoining truss plant, trucking firms and farm fields are not particularly sensitive to noise. In that regard the proposed ready -mix plant should not create objectionable noises or vibrations that would materially impact the neighborhood. Permitted uses within the I-1 zone such as manufacturing plants, metal fabrication shops, contractors plants and storage yards, kennels and experimental laboratories can and do generate as much of more noise than a ready -mix plant. The site is located conveniently to the Lewis Street Interchange and Highway 12 which provides the main transportation link from the proposed plant to construction sites in Benton, Franklin and Walla Walla Counties. 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 parcel contains just over of 36 acre. 2. The site is zoned I-1 (Light Industrial). 3. Ready -mix plants require a special permit except in the I-3 zone. 4. The proposed ready -mix plant will be located in an industrial area that is characterized by businesses that utilize large outdoor areas to conduct business. These businesses include Fowler Supply, Oxarc and Basin Disposal on Dietrich Road to the north and RE Powel, Northwest Trucking (Formally Savage Trucking) and the other trucking facilities to the south. 5. The site is located 1,100 feet from the Lewis Street interchange providing convenient access to construction sites in a three county area. 6. The Truss Company (business that manufactures trusses) is located at the southwesterly corner of the site. The Truss Company is also in the construction material supply business serving many of the same customers that will need the product produced by the ready -mix plant. The Truss Company also benefits from close proximity to the Lewis Street Interchange. 7. The proposed ready -mix plant will include the storage of trucks in the yard around the plant similar to RE Powell, Northwest Trucking, Oxarc, Basin Disposal and other businesses. 3 8. The carrot plant to the north of the site has a tank that extends to a height that will be about equal to or taller than height of the ready -mix plant. 9. Development of the site will support previous public investment that brought water and sewer lines under Highway 12 to serve properties to the east of the Highway. Added utility customers on the east side of the Highway helps with recovering the community's investment in the water and sewer system. 10. The operation of the proposed plant will involve the hauling and stock piling of gravel and sand that will be used in the ready -mix process. Without mitigating measures this operation could create dusty conditions and air quality conditions that are undesirable. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Comprehensive Plan has identified the site for industrial land uses for over 35 years. The property is zoned industrially and the proposed use is an industrial business. The Plan also encourages a wide range of commercial activities to be developed within the UGA. (2) Will the proposed use adversely affect public infrastructure? The site is located in an area that the community has planned for industrial uses for over 35 years. Public infrastructure including sewer and water have been stubbed under Highway 12 and have been sized for industrial needs. The Lewis Street Interchange was designed for industrial traffic and is utilized by the BDI fleet of trucks, the carrot plant trucks and other agricultural related facilities nearby that have a heavy reliance on trucking. The Lewis Street Interchange is the freeway connection to the Heritage Boulevard truck route and a connection to the surrounding Counties. (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 ready -mix plant supports the intended industrial character of the surrounding area that has a number of facilities and plants that rely heavily on the Lewis Street Interchange and Highway 12. The proposed use is primarily rd an outdoor activity somewhat similar in nature to Fowler Supply Oxarc and Basin Disposal on Dietrich Road to the north and RE Powel, Northwest Trucking (Formally Savage Trucking) and the other trucking facilities to the south. All of these facilities make extensive use of their lots for outdoor storage of trucks, equipment, piping, petroleum tanks and chemical tanks and various crates, containers and miscellaneous items. (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 There is no height limitation or restrictions in the I-1 zone unless a parcel is located within one of the Airport Safety Zones. The proposed site is not within one of the Airport Safety Zones. The carrot plant to the north contains a large tall tank used in to process carrots. The tank is approximately the height of the proposed ready -mix plant. The carrot tank has not discouraged development in the area or impacted the value of surrounding properties as a search of the Franklin County Assessor's records will indicate. (5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? Nearby agricultural storage sheds generate odors (fumes) that can be far more obnoxious than the minimal odors that may be generated by a ready -mix plant. The operation of nearby trucking firms create traffic, dust, vibrations, fumes and noise similar to or more intense that the operation of the ready -mix trucks. Nearby farming operations also impact the neighborhood with dust during periods of the year. The operation of the ready -mix plant can also create a different dust concern if the plant is not operated properly. Proper management practices, similar to those being employed by the other two ready - mix plants in the City, generally addresses the dust concern. Ready mix plants are also heavily regulated by the State in this regard. (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 ready -mix plant will be built and operated to meet all city and State regulations related to the construction and operation of a ready -mix plant. These regulations address the health and safety concerns associated with ready -mix plants. 5 APPROVAL CONDITIONS 1. The special permit shall apply to Franklin County Tax Parcel # 113720139, being Lot 4 Binding site Plan 2016-01; 2. The site shall not be used for gravel mining or rock crushing; 3. The site must be developed in substantial conformance with the site plan submitted with this special permit application; 4. The applicant shall employ best available management practices to control dust generated by the ready -mix plant operation. Best management practices may include: • Using water or chemical dust suppressants on particulate matter (PM) containing surfaces (i.e. haul roads) and/or materials prior to and during activities that may release PM into the air; • Managing activity during high winds, if the winds are likely to cause the release of PM into the air; • Using covered chutes and covered containers when handling, transferring, and/or storing PM containing materials; • Minimizing the free fall distance, i.e. drop height, of PM containing materials at transfer points such as the end of conveyors, front end loader buckets, etc.; • Managing vehicle loads with potential of release of PM with appropriate covers or freeboard; • Minimizing exposed areas of PM containing materials such as storage piles, graded surfaces, etc, and/or using tarps or chemical dust suppressants to minimize releases to the air; and/or • Limiting vehicle speed to less than 15 miles per hour on unpaved surfaces; • Consolidating storage piles whenever possible; • Managing stockpile loader and haul truck travel to control release of PM. 5. All streets adjoining the site must be improved to City standards with the requisite utility infrastructure. 6. The special shall be null and void if a building permit has not been obtained by December 31, 2018. MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the August 17, 2017 staff report. 0 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 Pronghorn LLC for the location of a Ready -Mix Concrete Facility on Lot 4, Binding Site Plan 2016-01 with conditions as contained in the August 17, 2017 staff report. 7 �zQ (3) V T •� 0 �-4 0-.4 P 5 PMO U O O o � � N Cz +- a ^ w^ JW >41 T •� 0 . pml5 P 5 PMO �\ m 1 zQ •.� .0-4 7D CL o fs.r U O V a`�=V.enture®Rd U co 0— O = �., o ct UCIO.. U — Qi eu y = > God c� a r+z Q Ct f� U � V aVenture ®Rd U C:) � bA � W 0 Z3 Ira a'' aCMD cz-0 C4 u .. U J • ,c � GO� 5 POW N RIM .9 m lY } _� riY! G,�1r37i ' , .. � ' #���� V -' `y, GyI�L�Mty. � � � _ REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 2016-001 APPLICANT: Terry Blankenship HEARING DATE: 7/20/2017 8905 Gage Blvd., Ste 209 ACTION DATE: 8/17/2017 Kennewick, WA 99336 BACKGROUND REQUEST: REZONE: Rezone from C-1 (Retail Business) to C-3 (General Business) 1. PROPERTY DESCRIPTION: Legal: Lots 2, Short Plat 2006-06 General Location: 2300 Block of W. Lewis Street Property Size: 1.47 acres. 2. ACCESS: The parcel is accessible from 24th Avenue. Access to Lewis Street is limited due to the Lewis Street access policy per Resolution 1871. The applicant essentially has to purchase a driveway easement to obtain access to Lewis Street based on the increase of valueto the property due to direct access to Lewis Street. 3. UTILITIES: All municipal utilities are currently available to serve the site. 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: C-1 — RV Storage SOUTH: C-1 8v I-1 — Auto Sales and Furniture Store EAST: R-4 — Apartments and Storage WEST: C-1 & C-3 — Car wash and Mini -storage 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial uses. Those portions of the community designated for commercial development by the Comprehensive Plan could be zone "O", C-1, C-2, C-3 CR and BP. Land Use Goal ED -2 encourages the appropriate location and design of commercial facilities within the City. ED -2-B encourages the development of a wide range of commercial uses strategically located to support local and regional needs. 6. ENVIRONMENTAL DETERMINATION: Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, testimony at the public hearing and other information, a Determination of 1 Non -Significance (DNS) has been issued for this project (WAC 197-11- 355). ANALYSIS The site in question was annexed to the City in 1975 and has remained undeveloped for 42 years. In the same period of time surrounding properties have been rezoned and developed for a variety of uses including a used car dealership, a car wash, mini -storage, distribution warehouse, contractors office and yard, construction supply yard and apartments. The Comprehensive Plan designates the property for commercial land uses but does not identify what it should be zoned. The actual zoning of a parcel is determined thought the hearing process zoning. Any one of the six commercial zoning districts could be considered for the property. The applicant is specifically request C-3 zoning because that is the only zoning district that will permit the types of businesses (small distribution facilities, restaurant supply, small contracting offices and shops and related activities). The requested C-3 zone permits a number of uses that may not be appropriate for the surrounding neighborhood. Uses such as heavy machinery sales and service, mobile home and RV sales, landscape gardening and storage area for equipment and materials, contractor storage and material yards, lumber yards, auto body shops, trucking and express storage yards and others uses that may not add to the value and character of the neighborhood. These uses could become nuisances in the neighborhood due to loud noises, vibrations, dust and other externalities associated therefrom. Because of these secondary effects it would be necessary to condition a rezone to C-3 by prohibiting the types of uses listed above. 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 in 1975 when the property was annexed to the City. 2. The changed conditions, which are alleged to warrant other or additional zoning: Many years ago Lewis Street was the main highway through Pasco and served as a key corridor for commercial development. Most of the surrounding 4 businesses have developed on I-1 or C-3 property. The parcel in question has not developed despite being in the City for the past 42 years. In the past 42 years the surrounding streets and utility system has fully developed. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: Rezoning the property may improve opportunities for development that would lead to the elimination of a dusty weed filled lot. The elimination of an ongoing nuisance will improve the general welfare the the neighborhood. Development on the lot will support past public investment in infrastructure that has been in place for many years. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: The rezone is consistent with the designation of the Comprehensive Plan and will eliminate a dusty and weedy lot that has been a nuisance to neighboring properties for many years. 5. The effect on the property owner or owners if the request is not granted: The proposed rezone may allow the property owner additional oppoutunities for development that have not been available in the past. If the site is not rezone it may continue to be a vacant dusty lot. 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 located at the northeast corner of 24th Avenue and West Lewis Street. 2. The site was annexed in 1975. 3. Lewis Street is no longer the main travel route through town. 4. 24th Avenue was fully contructed in 1991. 5. In the past 42 years surrounding properties have been rezoned and developed for a variety of uses including a used car dealership, a car t wash, mini -storage, distribution warehouse, contractors office and yard, construction supply yard and apartments. 6. The Comprehensive Plan designates the property for commercial land uses. 7. There are six commercial zones that could be permitted under the commercial land use designation. C-3 is one of those zones. 8. The site is currently zoned C-1 (Retail business). 9. Properties to the south are zoned C-1 and I-1. 10. Properties to the east are zoned C-1 and C-3. 11. The property directly north is zoned C-1 and is occupied by an RV storage facility. 12. The property to the east is zoned R-4. 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 25.88.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with the Comprehensive Plan Land Use Map and several Plan policies and goals. The Comprehensive Plan designates the site for Commercial uses. Those portions of the community designated for commercial development by the Comprehensive Plan could be zone "O", C-1, C-2, C-3 CR and BP. Land Use Goal ED -2 encourages the appropriate location and design of commercial facilities within the City. ED -2-B encourages the development of a wide range of commercial uses strategically located to support local and regional needs.. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The proposed C-3 zoning will permit additional commercial uses to locate on the site which may make it possible for the property to develop and have less of a detrimental impact on the surrounding neighborhood. 3. There is merit and value in the proposal for the community as a whole. There is merit in providing an opportunity for a greater range of commercial uses on the property which may lead to the development of a lot that has remained vacant and in a poor state of repair of the past 42 years. 2 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. Conditions should be imposed to preclude the location of heavy commercial uses that would not be appropriate for this portion of Lewis Street. 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 needed to prohibit the location of heavy machinery sales and service, mobile home and RV sales, landscape gardening and storage area for equipment and materials, lumber yards, auto body shops, trucking express storage yards and similar uses. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the August 17, 2017 staff report. MOTION for Recommendation: I move based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council rezone Lots 2, Short Plat 2006-06 from C-1 to C-3 with conditions prohibiting the following uses: 1) Trucking facilities and storage yards, 2) Heavy machinery sales and service, 3) Landscape gardening and storage areas, 4) Automobile sales and service, 5) Lumber sales businesses, 6) Mobile home and trailer sales and services including RV sales, 7) Auto Body shops and 8) Contractor storage yards. M 1 O � GA � O O � � O � � N � V N � w a .PON 1. A r .44 I ; Sf 24th A,ue T- , ft zQ c a� ea Q V N LL O Cl) V ct N .� S 24th Ave � au . — ca m G� •— cn LM E D Ecn c� � zQ DC cn Q r V N � V cz Qj � � O N cz N " S 24th ve Tommpmj � w v aA Q M � V O N f � '�' �, �, -F` �,�,: 6 � �' z-� ��. r. 1. �. '�.� �. ,j.. �: �, �: ;;� I'✓r '" y t {°r ��i I 7 +: REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2017-011 APPLICANT: PI Tower Development LLC HEARING DATE: 8/17/2017 with T -Mobile ACTION DATE: 9/21/2017 PO Box 8436 Spokane, WA 99203 BACKGROUND REQUEST: SPECIAL PERMIT: Location of Wireless Communication Facilities at Columbia Basin College (R-1 Zone) 1. PROPERTY DESCRIPTION: Legal: A portion of the northeast quarter of Section 24, Township 9 North, Range 29, East, WM. containing approximately 2,106 square feet all within Parcel # 119 170 013. General Location: Columbia Basin College at the southwest corner of the campus - 2600 North 20th Avenue Property Size: The parcel is approximately 133.8 acres; the lease area contains approximately 2,106 square feet. 2. ACCESS: The site is accessed from W Argent Road and N 20th Ave. 3. UTILITIES: Electricity, water, and telephone are currently available to the site. 4. LAND USE AND ZONING: The parcel is currently zoned R-1 (Low - Density Residential) and contains Columbia Basin College as a result of a special permit. There are no existing structures on the site itself within the storage yard. Surrounding properties are zoned and developed as follows: NORTH: I-1 - Vacant; Tri -Cities Airport EAST: C-1 -Vacant; Hotels; Offices SOUTH: R -2/R-4 - Multi -Family Residences WEST: RS -1/I-1 -Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for government/ public uses. Goal OF -2 suggests the City ought to maintain land use flexibility in regard to placement of infrastructure for public and private utilities. Policy OF -2-A encourages the sound 1 management of all energy and communication utilities through coordination and cooperation dealing with construction of such facilities. Policy OF -2-13 encourages the placement of utility substations which are necessary for the surrounding neighborhood. 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 PI Tower Development LLC along with its tenant, T -Mobile, are requesting special permit approval to locate an 80 -foot monopole antenna support structure and associated ground-based equipment in a storage yard located at the southwest corner of the Columbia Basin College campus, addressed 2600 North 20th Ave. By doing so, the applicant and its tenant intend to improve coverage for students, staff, and visitors of the college as well as the airport and surrounding businesses (see coverage maps). The proposed tower is located adjacent to a highway intersection and 300 feet south of an existing tower (similar in appearance) which hosts Sprint equipment. It will be placed in this location so as to neither detract from the beauty of the campus nor interfere with student activities; no views will be obstructed. The PMC special permit review criteria for wireless facilities are written as follows: 25.70.075 WIRELESS COMMUNICATION FACILITIES. Wireless Communication Facilities are permitted under the following conditions: (1) Such structures shall be permitted in all industrial or C-3 zoning districts provided the location is 500 feet or more from a residential district. Any location closer than 500 feet requires special permit approval. (2) Such structures may be permitted by special permit in all other zoning districts provided said structures are: (a) Attached to or located on an existing or proposed building or structure that is higher than thirty-five (35) feet; or (b) Located on or with a publicly owned facility such as a water reservoir, fire station, police station, school, county or portfacility. (3) All wireless communication facilities shall comply with the following standards 2 (a) Wireless facilities shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of compatible materials, strategic location, color, stealth technologies, and/or other measures to achieve minimum visibility of the facility when viewed from public rights-of-way, and adjoining properties such that a casual observer cannot identify the Wireless Communication Facility. (b) Wireless facilities shall be located in the City in the following order of preference: i) Attached to or located on buildings or structures higher than 35 feet. ii) Located on or with a publicly owned_facility iii) Located on a site other than those listed in a) or b). The equipment cabinets will be located within a fenced area surrounding the base of a pole. The applicant has explained that the reason the facility will be freestanding is because there are no buildings located in the vicinity that are of appropriate height. Also, Columbia Basin College has indicated that it will no longer accept the leasing of space to wireless carriers on campus buildings due to the potential for roof damage. The monopole will be tall and strong enough to support other wireless carriers in addition to T -Mobile. Typical neighborhood concerns expressed over proposed cell towers in the past have included fear of electromagnetic radio waves and the unsightliness of tall towers within the neighborhood. Because the tower will be located within public property the provisions for tower height do not apply to this application. Furthermore, under Federal regulations cities are barred from considering electromagnetic radio waves for equipment meeting FCC specifications in the permitting process for cell towers. An application for a cell tower cannot be denied based on concern over electromagnetic waves. 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 R-1 (Low -Density Residential) and contains Columbia Basin College as a result of a special permit. 2. The Comprehensive Plan identifies the site for government/ public uses. 3. The site is approximately 133.8 acres; the lease area contains approximately 2,106 square feet. 3 4. The proposed tower is located adjacent to a highway interchange and 300 feet south of an existing tower. 5. The height of the elevated freeway interchange will help reduce the overall visual height of the tower. 6. The tower location and height has been reviewed by the FAA and determined to not create obstructions for airport operations. 7. A copy of the tower site plan and tower was provided to the Airport Manager. 8. Electricity, water, and telephone are currently available to the site. 9. In the R-1 zone cellular facilities may be permitted by special permit provided the tower is either: i) Attached to or located on an existing or proposed building or structure that is higher than thirty-five (35) feet; or ii) Located on or with a publicly owned facility such as a water reservoir, fire station, police station, school, county or port facility. 10. The equipment cabinets will be located within a fenced area surrounding the base of a pole. 11. The monopole will be tall and strong enough to support other wireless carriers in addition to T -Mobile. 12. Federal regulations bar the City from considering electromagnetic radio waves in the permitting process for cell towers or denying permits based upon concerns over electromagnetic radio waves. 13. The Comprehensive Plan suggests the City should maintain land use flexibility with regard to placement of infrastructure for public and private utilities. 14. The Comprehensive Plan does not specifically address cellular equipment. 15. Cellular equipment creates minimal demands on City infrastructure. 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 PMC 25.86.060. The criteria are as follows: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? F1 The Comprehensive Plan does not specifically address cellular equipment. The Comprehensive Plan goal OF -2 and policy OF -2-A discuss the need for sound management and coordination in the location of utilities and community facilities. Policy ED -1-C promotes the need to support Pasco's urban area as a good business environment by enhancing the infrastructure of the community. The applicability of policy ED- 1-C is enhanced due to the fact that the new monopole and accompanying equipment will provide more/better service primarily to Columbia Basin College and the Tri -Cities Airport. Policy UT -1-C encourages coordination of utility providers' functional plans with the City's land use and utility plans to ensure long term service availability. (2) Will the proposed use adversely affect public infrastructure? The proposed use is a part of the communication network utilized by the general public. The proposed equipment will be located in such a manner so as not to impact other public utilities or services. The proposed use does not require water and sewer. Only one service trip is expected to be generated each month. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The tower will be located on the Columbia Basin campus in a storage yard and far from the residential uses across I-182 to the south. As the storage yard is fairly isolated from areas where students and visitors will gather, the tower will neither interrupt students' daily activities nor obstruct any views. (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 area is almost fully developed with permitted uses. The tower will be located in a storage yard on campus property nearby an existing tower and a chain link fence will encase both it and the accompanying equipment. The tower and equipment will likely not be noticeable from any surrounding properties. Additional the tower tower location and height has been reviewed by the FAA and determined to not create obstructions for airport operations. (5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The proposed cellular equipment will create no fumes, dust, or noise during normal operations. Cellular facilities have been located throughout the community in residential, commercial and industrial zones without generating any complaints received by the City. R (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way become a nuisance to uses permitted in the district? The proposal is required to be designed by a professional engineer to withstand the forces of nature. The applicant is also required by law to coordinate with the FAA and FCC prior to obtaining a building permit. Radio waves at frequencies utilized by local cellular networks have not been proven to be harmful to human health. Federal law prohibits the City from considering the impacts of radio wave frequencies when reviewing permits for cellular equipment meeting FCC standards. TENTATIVE APPROVAL CONDITIONS 1) The special permit shall apply to parcel # 119 170 013; 2) The property shall be developed in substantial conformity with the elevations and site plan submitted with the application except as conditioned herein; 3) The proposed cellular facility must comply with all FCC and FAA regulations; 4) The special permit shall be null and void if a City of Pasco building permit is not obtained by December 30, 2018. 5) The wireless tower and all of its accessories must be removed within 90 days of discontinuation. MOTION: I move to close the hearing on the proposed special permit and set September 21, 2017 as the date for deliberations and the development of a recommendation for the City Council. G1 Kill IM AW -1 iA d&� 4-) 7F F-� 00 � TOM N a) o �w H a Fo U N .~' Q) U • w • • ".* u r CIO (v CO P . r 'M4 ' a N v U mss on OW .j r� JWI 1 t• ti •• . 1 1 1' Irk : YC T - YC e' • r M. r rrM1 ..:I t r fi lit � � y t L 7 .p v ? )p rrM1 ..:I t r E t L r r� )p REPORT TO PLANNING COMMISSION MASTER FILE NO: (MF# Z2017-003) HEARING DATE: 8/17/2017 ACTION DATE: 9/21/2017 APPLICANT: Dan Aden 6200 W Brinkley Rd. Kennewick, WA 99338 BACKGROUND REQUEST: REQUEST: REZONE: Rezone from RS -12 to C-1 (Retail Business) 1) PROPERTY DESCRIPTION: Legal: That portion of the of the north half of the northwest quarter of northwest quarter of the northwest quarter of Section 22, Township 9 North, Range 29 East, WM encompassed in parcel #s 118552022 and 118552081. General Location: SW corner of Rd 68 & Argent Rd. Property Size: Approximately 4.5 acres 2) ACCESS: The property has access from Road 68 and Argent Road. 3) UTILITIES: A City water line is located in Argent and along Road 68. Sewer is located in Argent Road. 4) LAND USE AND ZONING: The proposed annexation area is currently zoned RS -12 and is vacant. Surrounding properties are zoned and developed as follows: NORTH: C-1-Vacant/Office/Single-family SOUTH: RS- 20- Vacant EAST: RS- 12 Single -Family WEST: C-1- Drive thru Coffee Stand 5) COMPREHENSIVE PLAN: The property is designated for Mixed Residential/ Commercial uses. The property can be considered for either multi -family or commercial zoning. Policy LU -1-C encourages the clustering of commercial development to avoid strip development up and down major streets. LU -4-A also supports the location of commercial facilities at major intersections (like Rd 68 &, Argent) to avoid commercial sprawl. ED -2-13 suggests a wide range of commercial development should 1 be strategically located to support local and regional needs in the community. ED -3-A encourages the use of landscaping, screening and superior building design to enhance compatibility between commercial and residential 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 a Mitigated Determination of Non -Significance is likely for this application (WAC 197-11-355). ANALYSIS The site contains almost 4.5 acres and is located at the southeast corner of Road 68 and Argent Road. Properties surround the Road 68 and Argent intersection contain commercial offices, a coffee drive-thru facility, a restaurant, a City Fire Station and a commercial strip building with various commercial businesses. The southwest corner of Road 68 and Argent Road is the only corner on this intersection that has not been zone to C-1. When the property was annexed in 2001 there were two houses on the property and the owner did not want to zone the parcel to C-1 until after the houses were removed. The houses were demolished in 2009. The Mixed Residential/ Commercial land use designation would permit a variety of multi -family structures, including large apartment buildings, and neighborhood shopping and specialty centers, business parks, service businesses and commercial offices. R-3 zoning allowed under the Mixed Residential/ Commercial designation would permit up to 20 dwelling units per acre or 90 units for the site in question. The Description and Allocation Table on page 17 of the Comprehensive Plan states mixed residential commercial areas should be located convenient to major circulations routes such as Road 68 and Argent Road. The referenced table also indicates in Mixed Residential/ Commercial designated areas C-1 and Office zoning would be permitted. Consideration needs to be given to the existing zoning and land uses near and around the Road 68 and Argent intersection. The northeast, northwest, and southwest corners of the Road 68 and Argent intersection have already been zone C-1 and are partially developed with commercial enterprises as noted above. The City has had a long history of encouraging commercial development at or convenient to major street intersections. The Planning Commission also needs to consider the criteria in PMC 25.88.060 (as discussed below) in developing a rezone recommendation. 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 changed conditions in the vicinity which warrant other or additional zoning: • The property is located within the Pasco Urban Growth Boundary. • The property in question may be annexed to the City of Pasco. • The property is located along a major street within a convenient distance of the Road 68/Argent Road intersection. • The other corners of the Road 68/Argent intersection have been zone C-1 • Properties surrounding the Road 68 and Argent intersection contain commercial offices, a coffee drive-thru facility, a restaurant, a City Fire Station and commercial strip building with various commercial businesses. • A traffic signal is now located at the intersection of Road 68 and Argent Road. • The City has installed major sewer and water lines in Argent Road in anticipation of more intense development around and near the Road 68 and Argent intersection. • A major water line now extends down Road 68 past the proposed annexation and rezone site. • A City Fire Station is located on Road 68 340 feet north of Argent Road. • Road 68 and Argent Road are identified as major streets in the Comprehensive Plan. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare. The property is located at a major signalized intersection and is served by major water and sewer lines. The rezone will encourage commercial infill development that will provide the surrounding neighborhood with various commercial services thereby shortening commute times and generally enhance the general welfare of the community. 3. The effect rezoning will have on the nature and value of adjoining property and the Comprehensive Plan. Zoning the site to C-1 (Retail Business) is supported by the Comprehensive Plan land use map and land use policies and would be considered a proper implementation of the Plan. The nature and 4.1 value of the adjoining properties have changed little as a result of the commercial activity and traffic associated with the Road 68 and Argent Road intersection. Rezoning the property to C-1 will have the same impact as the current C-1 zoning in the neighborhood. The C-1 zoning regulations and landscape and screening regulations are designed to enhance the compatibility of commercial development with residential development. These regulations are in place to ameliorate any impacts C-1 development may have on nearby residential development. A review of County Assessor records were commercial development and residential development adjoin each other reveal the value of both types of property have continued to increase over the years (August 2017 of the County Assessors Records). 4. The effect on the property owners or owner if the request is not granted. If the property was not rezoned to C-1 the property owners would have the opportunity to apply for R-3 zoning and construct 90 apartment units on the site. The height and bulk of a three story apartment building may have a greater impact on the surrounding neighborhood than single -story offices or commercial buildings. 5. The Comprehensive Plan land use designation for the property. The Plan indicates the proposed annexation area can be zoned and developed for retail and office uses. Policies of the Plan encourage the location of commercial development near the intersections of major streets such as Road 68 and Argent Road. Providing land for neighborhood shopping will benefit the community and help implement provision of the Comprehensive Plan. FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1) The site is within the Pasco Urban Growth Boundary. 2) The Urban Growth Boundary was established by Franklin County in 1994. 3) The property is located near the intersection of Road 68 and Argent Road. 3 4) The road 68 and Argent road intersection is signalized and served by major utility lines. 5) Policy LU -1-C encourages the clustering of commercial development to avoid strip development up and down major streets. 6) LU -4-A also supports the location of commercial facilities at major intersections (like Rd 68 8s Argent) to avoid commercial sprawl. 7) ED -3-A encourages the use of landscaping, screening and superior building design to enhance compatibility between commercial and residential development. The Pasco zoning regulations contain provision requiring landscaping, screening and setbacks designed to implement ED -3-A. 8) Properties around and near the northwest, northeast and southwest corners of Road 68 and Argent Road are currently zoned C-1. 9) The Description and Allocation Table on page 17 of the Comprehensive Plan states mixed residential or commercial areas should be located convenient to major circulations routes such as Road 68 and Argent Road. 10) A review of County Assessor records were commercial development and residential development adjoin each other reveal the value of both types of property have continued to increase over the years (August 2017 of the County Assessors Records). CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Planning Commission must develop its conclusions from the findings of fact based upon the criteria listed in PMC 25.88.060 and determine whether or not: (1) The proposal is in accord with the goals and policies of the Comprehensive Plan. Zoning the site to C-1 supports and is consistent with Plan Policies LU -1- C, LU -4-A, ED -3-A and ED -2-B. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. The rezone to C-1 will complement the C-1 zoning on the other corners of the Road 68 and Argent intersection. Rezoning the property supports the commercial clustering or nodal concept of zoning that the city has followed for major intersections for the past 35 years. Standards in place within the zoning regulations are designed to ensure C-1 areas do not become detrimental to surrounding properties. 5 (3) There is merit and value in the proposal for the community as a whole. There is merit and value in following the guidance of the Comprehensive Plan when assigning zoning. The proposed zoning will secure the commercial nature of the Road 68 and Argent intersection. Providing an area for the grouping of similar neighborhood businesses enables the businesses to fair better and will provide services to the community for a longer period of time. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The proposal is consistent with the Comprehensive Plan and no mitigation measures are needed. Standards within the zoning regulations for setbacks, screening and landscaping provide mitigation measures. (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. The mixed residential/ commercial land use category was added to the Comprehensive Plan in the early 1990's to provide some flexibility for zoning property at key intersections and along major streets. Land uses envisioned for this classification include higher density residential and neighborhood or specialty shopping centers. Multi -family zoning is needed for higher density residential development and C-1 zoning is needed for neighborhood commercial development. Staff has prepared the report to support the applicant's petition for C-1 zoning and that is the general direction staff is leaning on this case. However an argument can be made for encouraging commercial development on the three corners of Road 68 and Argent that are already zoned C-1 and holding the southeast corner for higher -density residential. This would lessen the commercial intensity of the intersection and provide additional housing to support the commercial nature of the other properties. Staff needs direction from the Planning Commission on this issue before the final report and motions are prepared. STAFF RECOMMENDATION MOTION: I move to close the hearing on the proposed zoning determination and set September 21, 2017 as the date for deliberations and the development of a recommendation for the City Council. 2 z � Road�64 70 O p c +-1 co LL J Q '^ V/ d � z U CO O EO � Comm Q w o C) d LL N N D t0 CO CU N L cc .. .,.4UL k '— � cu Road 68 au $:L4,� -mow •- cn CD O L L E N ca c� o > co SFD.Us '�S =FD Z Q Road-64 ' o � U N CMN H N � � cl), J r-4 > V •I M O Ct W N N N � U N au Road$D.4 -o F 68 w7 F- 7 r _ J O N -RS-1 2 RS�1,2 " I R 9 r e• e 4 ;, M 4-j REPORT TO PLANNING COMMISSION MASTER FILE NO: (MF# Z2017-002) APPLICANT: City of Pasco HEARING DATE: 8/17/2017 PO Box 293 ACTION DATE: 9/21/2017 Pasco, WA 99301 BACKGROUND REQUEST: REQUEST: REZONE: Development of a zoning recommendation for the D&D Annexation Area. 1) AREA ID: Area Size # of Dwellines Population D&D Annexation 3.88 acres 0 0 2) UTILITIES: A City water line is located in Argent and along Road 68. Sewer is located in Argent Road. 3) LAND USE AND ZONING: The proposed annexation area is currently zoned RS -12 and is vacant. Surrounding properties are zoned and developed as follows: NORTH: C-1-Vacant/Office /Single-family SOUTH: RS- 20- Vacant EAST: RS- 12 Single -Family WEST: C-1- Drive thru Coffee Stand 4) COMPREHENSIVE PLAN: The property is designated for Mixed Residential/ Commercial uses. The property can be considered for either multi -family or commercial zoning. Policy LU -1-C encourages the clustering of commercial development to avoid strip development up and down major streets. LU -4-A also supports the location of commercial facilities at major intersections (like Rd 68 & Argent) to avoid commercial sprawl. ED -2-13 suggests a wide range of commercial development should be strategically located to support local and regional needs in the community. ED -3-A encourages the use of landscaping, screening and superior building design to enhance compatibility between commercial and residential development. 5) 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 - 1 Significance or a Mitigated Determination of Non -Significance is likely for this application (WAC 197-11-355). ANALYSIS The site contains almost 4 acres and is located about 300 feet south of the Road 68 and Argent Road intersection. Properties surround the Road 68 and Argent intersection contain commercial offices, a coffee drive-thru facility, a restaurant, a City Fire Station and a commercial strip building with various commercial businesses. The uses mentioned above are consistent with the provisions of the Comprehensive Plan. The Mixed Residential/ Commercial land use designation would permit a variety of multi -family structures, including large apartment buildings, and neighborhood shopping and specialty centers, business parks, service businesses and commercial offices. R-3 zoning allowed under the Mixed Residential/ Commercial designation would permit up to 20 dwelling units per acre or 77 units for the site in question. The Description and Allocation Table on page 17 of the Comprehensive Plan states mixed residential commercial areas should be located convenient to major circulations routes such as Road 68 and Argent Road. The referenced table also indicates in Mixed Residential/ Commercial designated areas C-1 and Office zoning would be permitted. In determining zoning for the annexation area the Planning Commission needs to consider the existing zoning and land uses near and around the Road 68 and Argent intersection. The northeast, northwest, and southwest corners of the Road 68 and Argent intersection have already been zone C-1 and are partially developed with commercial enterprises as noted above. The City has had a long history of encouraging commercial development at or convenient to major street intersections. The Planning Commission also needs to consider the criteria in PMC 25.88.060 (as discussed below) in developing a zoning recommendation. The proposed annexation area is within the City's service area as identified in the Comprehensive Water and Sewer Plans. Both of these plans based future services need within the annexation area for more intense land uses as identified in the land use map of the Comprehensive Plan. The initial review criteria for considering a rezone application are explained in PMC 25.88.030. The criteria are listed below as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: 2 • The property is located within the Pasco Urban Growth Boundary. • The property in question may be annexed to the City of Pasco. • The property is located along a major street within a convenient distance of the Road 68/Argent Road intersection. • The other corners of the Road 68/Argent intersection have been zone C-1 • Properties surrounding the Road 68 and Argent intersection contain commercial offices, a coffee drive-thru facility, a restaurant, a City Fire Station and commercial strip building with various commercial businesses. • A traffic signal is now located at the intersection of Road 68 and Argent Road. • The City has installed major sewer and water lines in Argent Road in anticipation of more intense development around and near the Road 68 and Argent intersection. • A major water line now extends down Road 68 past the proposed annexation and rezone site. • A City Fire Station is located on Road 68 340 feet north of Argent Road. • Road 68 and Argent Road are identified as major streets in the Comprehensive Plan. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare. The property may be annexed to the City and will need to be zoned. The justification for the rezone is the fact that if a zoning designation is not determined the property could become annexed without a zoning. For the advancement of the general welfare of the community the property needs to be zoned consistent with the Comprehensive Plan following the development patterns occurring around the Road 68/Argent Road intersection. 3. The effect rezoning will have on the nature and value of adjoining property and the Comprehensive Plan. Zoning the proposed annexation area to C-1 (Retail Business) is supported by the Comprehensive Plan land use map and land use policies and would be considered a proper implementation of the Plan. The nature and value of the adjoining properties have changed little as a result of the commercial activity and traffic associated with the Road 68 and Argent Road intersection. Rezoning the property to C-1 will have the same impact as the current C-1 zoning in the 3 neighborhood. The C-1 zoning regulations and landscape and screening regulations are designed to enhance the compatibility of commercial development with residential development. These regulations are in place to ameliorate any impacts C-1 development may have on nearby residential development. A review of County Assessor records were commercial development and residential development adjoin each other reveal the value of both types of property have continued to increase over the years (August 2017 of the County Assessors Records). 4. The effect on the property owners or owner if the request is not granted. Without the annexation area being assigned a specific zoning district, the area will essentially be un -zoned upon annexation. The area needs to be zoned for the benefit of the property owners and property owners adjoining the proposed annexation area. 5. The Comprehensive Plan land use designation for the property. The Plan indicates the proposed annexation area can be zoned and developed for retail and office uses. Policies of the Plan encourage the location of commercial development near the intersections of major streets such as Road 68 and Argent Road. Providing land for neighborhood shopping will benefit the community and help implement provision of the Comprehensive Plan. FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1) The site is within the Pasco Urban Growth Boundary. 2) The Urban Growth Boundary was established by Franklin County in 1994. 3) The property is being proposed for annexation by the fall of 2017. 4) The property is located near the intersection of Road 68 and Argent Road. 5) Policy LU -1-C encourages the clustering of commercial development to avoid strip development up and down major streets. 6) LU -4-A also supports the location of commercial facilities at major intersections (like Rd 68 & Argent) to avoid commercial sprawl. 4 7) ED -3-A encourages the use of landscaping, screening and superior building design to enhance compatibility between commercial and residential development. The Pasco zoning regulations contain provision requiring landscaping, screening and setbacks designed to implement ED -3-A. 8) Properties around and near the northwest, northeast and southwest corners of Road 68 and Argent Road are currently zoned C-1. 9) The Description and Allocation Table on page 17 of the Comprehensive Plan states mixed residential or commercial areas should be located convenient to major circulations routes such as Road 68 and Argent Road. 10) A review of County Assessor records were commercial development and residential development adjoin each other reveal the value of both types of property have continued to increase over the years (August 2017 of the County Assessors Records). CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Planning Commission must develop its conclusions from the findings of fact based upon the criteria listed in PMC 25.88.060 and determine whether or not: (1) The proposal is in accord with the goals and policies of the Comprehensive Plan. Zoning the proposed annexation site to C-1 supports and is consistent with Plan Policies LU -1-C, LU -4-A, ED -3-A and ED -2-B. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. The rezone to C-1 will complement the C-1 zoning on or near the other comers of the Road 68 and Argent intersection. Rezoning the property supports the commercial clustering or nodal concept of zoning that the city has followed for major intersections for the past 35 years. Standards in place within the zoning regulations are designed to ensure C-1 areas do not become detrimental to surrounding properties. (3) There is merit and value in the proposal for the community as a whole. There is merit and value in following the guidance of the Comprehensive Plan when assigning zoning. The proposed zoning will secure the commercial nature of the Road 68 and Argent intersection. Providing an area for the grouping of similar neighborhood businesses enables the 5 businesses to fair better and will provide services to the community for a longer period of time. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The proposal is consistent with the Comprehensive Plan and no mitigation measures are needed. Standards within the zoning regulations for setbacks, screening and landscaping provide mitigation measures. (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. The mixed residential/ commercial land use category was added to the Comprehensive Plan in the early 1990's to provide some flexibility for zoning property at key intersections and along major streets. Land uses envisioned for this classification include higher density residential and neighborhood or specialty shopping centers. Multi -family zoning is needed for higher density residential development and C-1 zoning is needed for neighborhood commercial development. Staff has prepared the report to support the applicant's petition for C-1 zoning and that is the general direction staff is leaning on this case. However an argument can be made for encouraging commercial development on the three corners of Road 68 and Argent that are already zoned C-1 and holding the southeast corner for higher -density residential. This would lessen the commercial intensity of the intersection and provide additional housing to support the commercial nature of the other properties. Staff needs direction from the Planning Commission on this issue before the final report and motions are prepared. STAFF RECOMMENDATION Typically zoning determinations are handled in one Planning Commission hearing. However, because this zoning determination needs to be coupled with the proposed rezone for the adjoin parcels along Argent Road action should coincide with the adjoining rezone at the next regular Planning Commission meeting. MOTION: I move to close the hearing on the proposed zoning determination and set September 21, 2017 as the date for deliberations and the development of a recommendation for the City Council. 11 As Z-.-.< � Ro_ad 64 0 N O N 0) aA a o 0 ch 0 0 N > .� O a) U N F N Q V a M N TOM RoadLi 68 Li .� V V U N RS-12 � � M V) C O V tz r ■ PUME+ S k tz r a 0 L MEMORANDUM DATE: August 8, 2017 TO: Planning Commission FROM: Angela R. Pitman, Block Grant Administrator CW SUBJECT: 2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ALLOCATION (MF# BGAP2017-003) Requests for Funding Attached for your review and consideration are updated CDBG Fund and Proposal Summaries (Attachments 1, 2 and 3) relating to Community Development Block Grant Program (CDBG) program year 2018. Eight (8) requests for funds were previously reviewed totaling $519,500 which included a City request for $100,000 for the CHIP minor rehabilitation program. Estimated entitlement funds exceeded requested funds. It is recommended all surplus funds be allocated to the Peanuts Park Renovation project for allocations totaling $695,500. Both projects are as contingencies by Council Resolution. Applicants presented their proposals before the Planning Commission on July 20, 2017. No action was required at that meeting.. Estimated Funds Available It is estimated that the 2018 annual entitlement grant will be $695,000 based on the award for program year 2017. There is always some question regarding actual funding levels approved by Congress. Actual available funding for these FY 2018 activities will remain in question until the early part of the year when the CDBG allocation is made by Congressional Resolution. If funding levels are lower than estimated or eliminated the city will need to consider a number of options, including a proportionate reduction of allocation or possible inclusions in the 2018 city general fund budget requests. If funding levels are higher than estimated, activity funding will be allocated in accordance with the contingency plan according to greatest priority need. Public Service Cap HUD regulations state that the amount of CDBG Funds obligated within a program year to support public service activities may not exceed 15% of the combined total of the entitlement plus the prior year's program income. Staff recommends a maximum of $90,000 for public services (12%) not to exceed 15% of the entitlement. Planning & Administration Cap HUD regulations state that the amount of CDBG Funds obligated within a program year to support planning and administration activities may not exceed 20% of the combined total of the entitlement plus the current year's program income. Staff recommends the maximum of $139,000 for planning and administration (20%) for additional administrative burden for CDBG, HOME and NSP grants and project delivery, not to exceed 20% of the 2018 entitlement. Recommendation After discussions and staff evaluation, the activities set forth in Attachments 1, 2 and 3 would best meet the City's Consolidated Plan and be most effective in carrying out the objectives for the City in 2018. Planning Commission action includes, closing the public hearing and making recommendation to be forwarded for Council review at the August 28, 2017 Workshop. The City Staff would like to thank the members of the Planning Commission for your time and assistance. MOTION: I move the Planning Commission close the public hearing and recommend the City Council approve the use of funds for the 2018 Community Development Block Grant Program as set forth in the "2018 Fund Summary" as recommended by Staff (or "as amended"). Attachments: 1 2018 CDBG Fund Summary 2 2018 CDBG Proposal Summary 3 2018 CDBG Projects and Proposal Recommended Q T c � ❑ m 0 m m ¢ m E a` o c v vai m E K a E m O Q M M M M N ti N M a c O E o c v vai m E a E v ¢ 0 0 0 0 0 0 0 O 8 a o p E E o E E E o E E ci m E of o 0 0 o vi o 06 1 O H a N O M N N M ry n O V O N Y e1 N iA V! t/1 h rl Y! N W w o a z O O O O O O O O O p v E w m c m a c 88 ci C E O 0 vi E 0 0 0 E Q � � 1' V1 Y U d❑ Z N V! fr Q O O O O O O O O O O O O O p O o 0 o O C OM L d O OIli C O C C m O N n N N LriO LriO � u b n = d U i'0 t� �D O v1 vi O N c o u 0 w w w.•n w Im N W c o y vai m E O H a o a� i- Z w o a z G v E w m c a c Q � � c Y U d❑ Z Q U v R L d S N C y C C m c o u 0 o o : a O u y 'u v v� w �n w a . y u v « E a v o v a v o o v N Z V F h L V a L v d E E E E 0 E c a E o i u° uo uo u° w w w a'1 aC 0 L C C dE = Et C r r r C Q 0 U E s v v ° o o a °-E' E E Ed' E u u u a = o o o E 0 a 0 o O o O- 0 0 o c 0 0 0 o ar W W 0 _ o m m m 3 m m a y am W a a m 00- a.c oo `o L u N u u N uu M u V > V1 ❑ lD u I� u M u O1 W Q Q Q LL 1 N . LL LL ❑ U O o O o � I i 00 0 0 0 0 $ o $ 0 -' 0 0 0 0 0 0 0 0 a o Im N W Attachment 2 CITY OF PASCO 2018 COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSAL SUMMARY — AUGUST 17, 2017 CDBG Program Administration — Requested: $139,000 Recommended: $139,000 CDBG funds provide for salary and benefits for the Block Grant Administrator to plan, administer and provide for the successful delivery of housing, community development and economic activities. The City receives funds for CDBG, HOME and NSP activities. The Block Grant Administrator ensures compliance with local, state and federal rules, regulations and laws for programs that primarily benefit low to moderate income people in Pasco. Planning and Administration is capped at no greater than 20%. Civic Center Recreation Specialist — Requested: $ 35,000 Recommended: $20,000 CDBG funds provide a portion of the salary and benefits for recreation specialist at the Civic Center. This facility's program is to provide recreation programs for at risk youth and families in the immediate service area. Public services are capped at no greater than 15% of current entitlement plus prior year program income. 3 Martin Luther King Center Recreation Specialist — Requested: $ 35,000 Recommended: $20,000 CDBG funds provide a portion of the salary and benefits for recreation specialist at the Martin Luther King Center. This facility's program is coordinated with the YMCA, Salvation Army and Campfire USA, who all collaborate to provide education and physical activities to school age children and families in the Kurtzman neighborhood service area. Senior Citizen's Center Recreation Specialist — Requested: $ 37,500 Recommended: $30,000 CDBG funds provide a portion of the salary and benefits for recreation specialist to oversee and operate program at Pasco's senior center. This facility's program provides supervision and leadership necessary for programs serving the elderly of Pasco with support services, nutrition, health and living skills support. CITY OF PASCO 2018 COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSAL SUMMARY — AUGUST 17, 2017 5 YMCA Martin Luther King Center Recreation Program — Requested: $ 20,000 Recommended: $20,000 CDBG funds provide YMCA recreation programs at the Martin Luther King Center. This facility's program is coordinated with the YMCA, Salvation Army and Campfire USA, who all collaborate to provide education and physical activities to school age children and their families. 6 Pasco Specialty Kitchen Technical Assistance — Requested: $ 75,000 Recommended: $75,000 CDBG funds provide for wages, salaries and benefits for Technical Assistance at the Pasco Specialty Kitchen, a certified commercial incubator kitchen. By providing technical assistance to small startup food -related businesses the Pasco Specialty Kitchen improves their success rate by helping them to establish and achieve their goals. In consideration for technical assistance, the startup businesses agree to create and/or make jobs available to low -to -moderate income persons. Additional funds are needed to meet staffing requirements to continue existing programs and establish new programs. 7 Community Housing Improvement Program — Requested: $100,000 Recommended: $100,000 CDBG funds provide minor rehabilitation, repairs and/or construction of wheelchair ramps or bathroom accessibility for very low to low income households. This population includes frail, elderly and disabled (City-wide). It is estimated that 3-10 households, typically very low income, will be assisted depending on the project. Code Enforcement Officer — Requested: $ 48,000 Recommended: $48,000 CDBG funds provide a portion of the salary and benefits for one of four code enforcement officers to help bring approximately 500 propenes into compliance with City codes. Code enforcement encourages property owners to maintain housing units to minimum property standards and improves neighborhood appearance in primarily low to moderate income neighborhoods (Census Tracts 201, 202, 203 and 204). 2 N E u Q 2 21, i O N r _o c @ -8 _T C @ m E C L_ C3 Y `rn N E 3 d Z! N EO U 0 MOM .R 2 m Om y Y @ m N 0 N mn c m OU N J U d M IL N a y M H o L d � p N c EE m o , N p � rN dm O O � a N � O R m d o a O N o N OU N p U N NSA � van T = Q O n � _ J Q C 3 T -0 E N C @ O N � O Y @ n 2 T _ N C C T LE n y p 0 ox n Ua E C N E m E O U > � O O N C U Q >- y c U N C(/1N @ N r y r (A d > 0 � O N T NSE O Q' T C @ O U 9 N @ N a U c -0� J N _ U 3 @ Z O m @ U cmc � d C O 00 V @ N N C C oWa o N O U N n N Oo.0 @ O n m 7 E N Q J o L a o JO C @ D Eon -y+ N V OU L_ O c 2 4 Q 0 N @ O U E a @ O N C N xCc o C K p N o a z Z > a > m.�-0 w � N N N O O y O 9 o =v O N N N 0 O m c C g ay o •r. O @ N c � n @ m v E 2 rn amm •'�" o H U Q a Z p >O y @ @ N @ N p Q d �Em V> O N E o ° c N O V U Q m a @ Q t c ) N > 2,T) C O U} c V o rn W n@c @ n L N v E wad N � Orn O J O m N J O 3 2 E2_ Q W C) -0 d H ? (9 2 E C Cm, o¢ O m y N ry Q o v] E4 2 21, i O N r _o c @ -8 N C @ m E p O 2 Y `rn N O = N o 0 MOM .R 2 m d Y @ m N 0 N m OU N d M IL N a j C O M H o U m p N c EE m N p � c O O � a N � O R m N O N o N p U O @ c N T = Q O n � _ a 3 T -0 E n O N � O n 2 Q N C C T LE > p @ E C N O d U > o U Q >- y c U N W N O y r (A � O N T � � T � U 9 N @ N a U U N � N _ VU @ U 9 C O 00 V O N N C C O N O U N n N > @ O n N Q J o L J JO C @ D O @ L V O c 2 4 E @ O U d v N C N O m 3 p N m 3 v > a r w E .@ N N O O N O 9 o O N N N 0 O m c C g ay o 2 m @ N c � n @ m v E 2 rn - > @ H U Q 3 � N J T m Y - c c @ -8 n c C @ m p O 2 Y N O = N o G w MOM .R 2 m d Y @ m N N m OU N M IL N j C O M Ipl ? U m c EE m N L p � @ (L_ ~ O ti O Q00 yL O q yy iL)W O q�jj N p U N O O c L Y > Q r d L° 3 y -0 E n r a O O 7 N J U @ @ @ 3 � N J T m Y - c w C N 0 O' cg N t ~ Ew O U m N - U U C N U N L p � @ (L_ ~ O T O @ yL = n E N p U N O O c L Y > Q N `o d L° m y E n r a O O 7 N J U @ @ @ C C T LE > p @ @ m J O y N O N V T N J a U 9 N @ N N @ U N N VU O O 00 Q O (0 n N N C N d O O N 9 @ d d N O N oa n o @ O J y J W C _U �p C L C 9 0 c N O m 3 c o m rQ > c r N N > N N 9 O N N N O O o U C g N d O � �u 0oc Q @ N c C n @ m �n O 2 rn a T R d C a Z p >O o @ @ d V> O C N O y 9N N O V U m Q t c ) U 2,T) C O U} c V o M W U @ C 4 3 F) 0 N N 0 L11 T V N E E a Y m E L aQ d E TO m w V �c Da m O cU . J U n m a T y p E UU o m LL J � > C i m a Q E v i 2 L m dA N U) U am d �L)X O A U m p c 0 O C q E V l y r CL � a 0 T O Oy N L11 T V N 12 E E a nc m L E O m « U m c J c «% S T y v y� o 0 > C i m a i 2 L m dA N U) U am d y U U m p ? 0 O C E Q CL N _ 0 T O Oy N m O ? y 4 V a m > 12 N O m C m 0 S v y� > J i i O a E L y U m p a' E � N _ 0 T O Oy N m O m a m > w m w E a m 9 N ymj V U p y T E m E d C N O 2 d O O O n c j � m S U � U m N U r O m N L � n 3 umi o 0 2 3 E O � rn � pcp U U Cm d m > 2 LOU; = v O `o n a a Z m i m m m O N m MOO cma r N PC O " o V [, m y L m O'y m p t TL 5 0o a om - E p C mm � LOQ m � E m m m m 0 >C 9 m '> m 2 o2 Q E E N v a,.= E" dU9 m c« a J C ? O' m zo� U .c ooE 'm coi U' m Q Un" � 9 ? n O O h H 12 Mm i r L C � ti 43 O N a N O 0 C N ry U ry J� w t O `C LL m a c a oa o ° C O C 7 E c E G E m T UC 0 o v d L �a � ad o c Y � E 21 O N O � v 2 a C N v y o o h e CL Q E m � O ° N W O � O � C W u O N o U a d T d d O L � Tj O n O C E S y c E E O1 c m°o E .- O O o 6�a � o � m O 90 O N n0 $ro j C N d � N eco ry N OU O O C E U O2Lo O h dd� W 'N ti F Q U_ o O O3 V U 0 d ° N m c TU a 9 ady N O = ° 0 C ° @ a 0 O N a N O N 0 O N O N a rno CM ma N N L v r40O N 0 O ' G N OLM Y V 0 C v yw]i 0 O m C E O d i 0 T C p CO C 8 OO C Sr K a °' Q+ O 0 N �' 8 m a N �p L 00 C d C o O° D N p > C 0 > I E d as E no$ U O 0 C 3 O C Ec p N C �aT N U pp CSU 0 m ya, o c U) c UUn ? W w V o � A Mm i r 0 Y N a C a O O L d d d d M 0 M 0 4 4 o � ti 43 O N a N ci O N O O U J� w t O `C LL m o c C O C 7 a C m E m o v d L �a 0'0 Y E a O N v 2 C N v y o o h e CL Q � w i 0 Y N a C a O O L d d d d M 0 M 0 4 4 lu 1 Ilu I17:Z101i1Ti l DATE: August 7, 2017 TO: Planning Commission FROM: Angela R. Pitman, Block Grant Administrator 00 SUBJECT: 2018 HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM ALLOCATION AND ANNUAL WORK PLAN (MF# BGAP2017-004) Background Pasco entered into a HOME Consortium Agreement with Richland and Kennewick in 1996 making the City eligible for Federal HOME funds. The Agreement was renewed through 2017. Each year an annual action plan is required to be prepared and submitted to HUD for use of estimated funds for the following program year. Estimated Funds Available It is estimated that the 2018 annual entitlement grant to the HOME Consortium will be $430,000. Each member city is allocated an equal share of the entitlement after 10% Set -Aside for Administration and 15% Set -Aside for Community Housing Development Organizations (CHDO). Pasco's share of the entitlement is estimated to be $107,000 when the remaining funds are split equally between the three cities. HOME Program income estimated in 2018 is $100,000 and may be used for Down Payment Assistance or an Eligible CHDO Project depending on need. These estimates are based on the 2017 HOME Allocation. There is always some question regarding actual funding levels approved by Congress. Actual available funding for these FY 2018 activities will remain in question until the early part of the year when the HOME allocation is made by Congressional Resolution and an amendment to the Annual Action Plan my be necessary. If funding levels are lower than estimated, activity funding may need to be reallocated accordingly. Any program income received may be allocated for eligible down payment assistance or CHDO development projects. Planning & Administration HUD regulations state that the amount of HOME Funds obligated within a program year to support planning and administration activities may not exceed 10% of the entitlement. This is awarded to Richland annually as the Lead Agency of the HOME Consortium to manage all activities. Member cities are provided funds for planning and administration from 10% of program income received from completed projects within their jurisdiction. CHDO Set -Aside Each year a minimum of 15% of the entitlement grant must be set-aside to help Community Housing Development Organizations (CHDO) add to the permanent affordable housing stock. The CHDO set- aside funds may be combined with program income for a development project that will be selected through a competitive RFP process. Proposed Activities HOME funds are based on need and income eligibility and may be used anywhere within the city limits, however, neighborhoods designated as priority by Pasco City Council receive fust consideration. Funding is first targeted in the Longfellow and Museum neighborhoods, then within low -moderate income census tracts (201, 202, 203 and 204). If HOME funds cannot be applied to those areas, then they are used as needed within the Pasco City limits for the benefit of eligible low -moderate income families. Recommendations After discussions and staff evaluation, it is recommended that anticipated 2018 HOME entitlement funds be allocated to the First Time Homebuyer Down Payment Assistance Program. The activities set forth above would best meet the City's Consolidated Plan and be most effective in carrying out the objectives for the City in 2018. If conditions of the housing market make it difficult to use funds as down payment assistant, Pasco might consider joining forces with Kennewick and Richland and allocate unused funds CHDO'S for acquisition and/or infrastructure for low-income rental housing. Your review and recommendation to the City Council would be appreciated. Therefore, we propose the following Motion: MOTION: I move the Planning Commission recommend the City Council approve the use of funds for the 2018 HOME Investment Partnerships entitlement as recommended by Staff (or "as amended"). The City Staff would like to thank the members of the Planning Commission for your time and assistance /arp MEMORANDUM DATE: July 11, 2017 TO: Planning Commission FROM: Jeffrey B. Adams, City Planner SUBJECT: Planned -Unit Development (PUD) Open Space Requirements (CA 2017-003) On April 19, 1999 Council passed Ordinance 3354, repealing Title 22 "The Zoning Ordinance for the City of Pasco' and adopting Title 25 'Pasco Urban Area Zoning Ordinance." This new Title included Chapter 25.26 Planned Unit Development, its stated purpose being "to provide opportunities for innovation, creativity and flexibility in land development .... to encourage the use of new techniques and technology resulting in a more creative approach to development of land that will realize economies of scale and permit flexibility that provides for aesthetic diversification of site layout and spatial arrangements between geographic features, structures, circulation patterns, utilities and open space." More simply put, the PUD process was created to offer density bonuses as incentives to increase subdivision efficiency, to offer opportunities for innovative design, and to preserve open space. Some of the methods of increasing density include the following: 1) waiving Right -of -Way dedication and improvement requirements; 2) exempting the PUD from minimum lot size requirements; 3) exempting the PUD from minimum lot setback requirements; 4) increasing density up to 20% above the underlying zoning district; 5) allowing for negotiation on minimum lot areas, lot dimensions, maximum building heights, and yard requirements; 6) reducing setback requirements to those minimums required by the International Building and Fire Codes, as adopted by City Council; In exchange for these incentives the Planned Unit Development was to provide not less than 35% of the gross land area for common open space. Unfortunately, the Title does not define "open space" vis-a-vis PUDs or how to differentiate between gross and net open space. Furthermore, the open space requirement has been seen by developers as overly burdensome in relation to the incentives offered. As such, Staff is proposing the following: 1) that open space be clearly defined as net, i.e., exclusive of Rights -of -Way 2) that the open space requirement be reduced to 15% of net land area. Suggested wording for the definition of Open Space is as follows: Open Space: For purposes of calculating densities, net residential acres are defined as gross acres of the PUD site minus all public rights-of-way, and less the area of all parcels or lots devoted to commercial, industrial, or institutional uses not of a residential nature. Common open space that is owned and maintained by a property owners' association shall be included in calculating the net residential acres available for all dwelling units that automatically belong to such an association. Required common open space may include pedestrian walkways, parkland, open areas, bridle paths, landscaped drainage ways and landscaped detention basins, swimming pools, clubhouses, tennis courts, golf courses, parking areas for any of these, and other lands of essentially open or undisturbed or improved character, exclusive of off-street parking areas and street rights-of-way. Findings 1. Council passed Ordinance 3354 on April 19, 1999, repealing Title 22 "The Zoning Ordinance for the City of Pasco" and adopting Title 25 "Pasco Urban Area Zoning Ordinance." 2. Chapter 25.26 "Planned Unit Development," was crafted with the following objectives: a. Provide opportunities for innovation, creativity and flexibility in land development b. Encourage the use of new techniques and technology c. Encourage a more creative approach to development of land d. Realize economies of scale e. Permit flexibility that provides for aesthetic diversification of site layout and spatial arrangements between geographic features, structures, circulation patterns, utilities and open space. 3. Methods of increasing density include the following: a. waiving Right -of -Way dedication and improvement requirements; z b. exempting the PUD from minimum lot size requirements; c. exempting the PUD from minimum lot setback requirements; d. increasing density up to 20% above the underlying zoning district; e. allowing for negotiation on minimum lot areas, lot dimensions, maximum building heights, and yard requirements; f. reducing setback requirements to those minimums required by the International Building and Fire Codes, as adopted by City Council; 4. In exchange for these incentives the Planned Unit Development was to provide not less than 35% of the gross land area for common open space. 5. Title 25 does not define "open space" or how to differentiate between gross and net open space. 6. The open space requirement is perceived as overly burdensome in relation to the incentives offered. Staff recommends that open space be clearly defined as net, i.e., exclusive of Rights -of -Way, and that the open space requirement be reduced to 15% of net land area as specified in the attached proposed Code Amendment Ordinance. RECOMMENDATION: MOTION: I move to continue the public hearing to the September 21, 2017 meeting. 91 ORDINANCE NO. AN ORDINANCE AMENDING PMC TITLE 25 DEALING WITH PLANNED -UNIT DEVELOPMENT (PUD) OPEN SPACE REQUIREMENTS AND ROAD STANDARDS (CA 2017-003). WHEREAS, cities have the responsibility to regulate and control physical development within their borders and to ensure public health, safety and welfare are maintained; and, WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and development of the City; and, WHEREAS, within the zoning regulations PMC Chapter 25.26 contains provisions regarding the establishment of Planned Unit Developments (PUDs) created to offer density bonuses as incentives to increase subdivision efficiency and to preserve open space; and, WHEREAS, some of the methods of increasing density include the following: 1) Waiving Right -of -Way dedication and improvement requirements; 2) Exempting the PUD from minimum lot size requirements; 3) Exempting the PUD from minimum lot setback requirements; 4) Increasing density up to 20% above the underlying zoning district; 5) Allowing for negotiation on minimum lot areas, lot dimensions, maximum building heights, and yard requirements; 6) Reducing setback requirements to those minimums required by the International Building and Fire Codes, as adopted by City Council; and, WHEREAS, PMC 25.26 requires developers to dedicate not less than 35% of the gross area in the PUD to open space; and WHEREAS, as PMC 25.26 is currently written does not define "open space" vis-a-vis PUDs or how to differentiate between gross and net open space; and, WHEREAS, the open space requirement has been seen by developers as overly burdensome in relation to the incentives offered; and, WHEREAS, the City Council has determined that to further the purposes of maintaining a quality community and to support orderly development within the City of Pasco, it is necessary to amend PMC Title 25 and adopts by reference the Planning Commission's findings on this matter; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That PMC Section 25.62.010 be and the same is hereby amended to read as follows: 25.62.010 PURPOSE. The purpose of this Chapter is to provide opportunities for innovation, creativity and flexibility in land development within the City. It is intended to encourage the use of new techniques and technology resulting in a more creative approach to development of land that will realize economies of scale and permit flexibility that provides for aesthetic diversification of site layout and spatial arrangements between geographic features, structures, circulation patterns, utilities and open space. Furthermore, it is the purpose of this Chapter to: (1) Encourage development that enhances the quality of life while protecting the health, safety and welfare of residents; (2) Encourage variety in housing opportunities; (3) Encourage the development of a viable economic base; (4) Encourage development of land uses that will be compatible with and complement existing or proposed adjacent land uses; afid Provide guidelines for development of planned unit developments; (6) Promote open space and recreation areas, active and passive and encourage foot and bicycle traffic; (7) Encourage a pattern of development which preserves natural features, prevents soil erosion, and protects water quality; and (R8) Encourage an efficient use of land resulting in smaller networks of utilities and streets. Section 2. That PMC Section 25.62.050 be and the same is hereby amended to read as follows: 25.62.050 PHASED DEVELOPMENT. Development of a planned unit development may be phased, in which case all the property anticipated for PUD development shall be submitted as a preliminary PUD showing a conceptual depiction of the eventual development through all phases. Subsequent to legislative approval of the preliminary PUD plan, portions of the development may be submitted as a frral PUD for review and approval. All final PUDs shall be in substantial conformity to the preliminary PUD. Section 3. That PMC Section 25.62.080 be and the same is hereby amended to read as follows: 25.62.080 DESIGN STANDARDS AND REQUIREMENTS. (1) SUBDIVISION REQUIREMENTS. If land or structures within a proposed PUD are to be sold to more than one person, partnership, firm or corporation, or are to include the dedication of land, then the proposed PUD shall be subject to the short plat or long plat procedures of Title 26; (2) RIGHT OF WAY REQUIREMENTS. City policy with regards to the dedication of right- of-way and right-of-way improvements as established in Resolution No. 1372 and Section 12.04.100 of the Pasco Municipal Code are waived in a PUD; however, private roads/streets shall be built to city construction standard regardless of width and whether they will be dedicated to the City. (3) ZONING REQUIREMENTS. A Planned Unit Development shall be exempt from the minimum lot size and setback standards of this Title, except where on-site parking is located in front of a structure that portion of the structure shall be set back 20 feet from the property line; (4) DENSITY. The basic density in a planned unit development shall be established for each land use as provided in the zoning districts of Title 25. The Planning Commission may recommend and the City Council may authorize a density not more than twenty percent greater than what is otherwise permitted following findings that the amenities or design features which promote the purposes of this chapter are provided; (5) LOT REQUIREMENTS. Minimum lot areas, lot dimensions, building heights, lot coverage and yard requirements shall be as established on the approved development plan; (6) OPEN SPACE REQUIREMENTS. The PUD shall provide not less than a.:a.�o (35) fifteen (15) percent of the gross net land area for common open space; For purposes of calculating densities, net residential acres are defined as gross acres of the PUD site minus all public rights-of-way, and less the area of all parcels or lots devoted to commercial, industrial, or institutional uses not of a residential nature. Common open space that is owned and maintained by a property owners' association shall be included in calculating the net residential acres available for all dwelling units that automatically belong to such an association. Where more than one property owners' association is to be created, each common open space can only be attributed to the lot or dwellings which have automatic membership for that specific common tennis courts, golf courses, parking areas for any of these, and other lands of essentially open or undisturbed or improved character, exclusive of off-street parking areas and public street rights- of-way. (7) SETBACKS BETWEEN BUILDINGS. A distance between all structures shall at a minimum comply with the standards prescribed by the most current edition of the International Building and Fire Codes as adopted by the City Council; and (8) Residential Design Standards: See Chapter 25.70.085 Section 5. That PMC Section 25.62.090 be and the same is hereby amended to read as follows: 25.62.090 PROCEDURE FOR APPROVAL OF PLANNED UNIT DEVELOPMENTS. The approval of a planned unit development shall be by the City Council, upon recommendation of the Planning Commission and shall be processed in accordance with the following procedures: (1) Who may apply. Any owner or group of owners of contiguous property acting jointly may submit an application for a PUD; (2) Pre -application. Prior to the acceptance of an application for PUD approval a pre application conference between representatives of the city and the potential applicant is required. This conference shall be set by the Planning Department at the request of the potential applicant. The purpose of the pre -application conference is to acquaint the applicant with various code requirements affecting PUD districts; (3) Application. The applicant shall file a PUD district application for preliminary plan approval with the City Planner. All applications will be processed in accordance with the provisions of Chapter 25.88. The application shall be accompanied by the following: (a) A filing fee in an amount equal to the rezone fee. (b) A completed SEPA checklist. (c) A vicinity map. (d) Twelve copies of maps and drawings comprising the preliminary plan. (4) Preliminary Plan. The preliminary PUD district plan shall indicate or include the following: (a) Written documents including but not limited to: (i) A legal description, (ii) Statement of present ownership, (iii) Statement of intent, including any plans for selling or renting the property, (iv) A timetable of development, including a phasing schedule if project will be developed in phases, (v) Provisions to assure maintenance of all common areas, and (vi) Proposed restrictive covenants, if any. (b) Relationship of the property to the surrounding area including identification of land use and zoning of both the site and vicinal properties. (c) Names and dimensions of streets bounding, traversing or touching upon the site. (d) Location and width of proposed streets and pedestrian ways, arrangement of common off-street parking and recreational vehicle storage areas. (e) Location, layout and conceptual landscape design of all common yards, open space and recreational areas. (f) Proposed method of street lighting and signing. (g) Existing and proposed utility systems, including irrigation plan. (h) Existing site conditions, showing contours at five foot intervals and location of significant geographic features. (i) Approximate building locations, buildable areas and building heights. (5) Public Hearing Before the Planning Commission. Following a public hearing, the Planning Commission may recommend approval or denial of the application and accompanying PUD plans or may recommend imposition of such conditions of approval as are necessary to ensure insure conformity to all applicable regulations and the purposes of the PUD district. A PUD may be recommended for approval only when it has been determined that: (a) The PUD district development will be compatible with nearby developments and uses. (b) Peripheral treatment ensures insures proper transition between PUD uses and nearby external uses and developments. (c) The development will be consistent with the comprehensive plan and the purposes of the PUD district. (d) The public health, safety and welfare have been served. Section 6. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of 2017. Matt Watkins Mayor ATTEST: Daniela Erickson City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney MEMORANDUM DATE: August 2, 2017 TO: Planning Commission FROM: Jeffrey B. Adams, Associate Planner SUBJECT: Residential Design Standards Regarding False Dormers & Flat Roofs (MF# CA 2017-004) In July of 2005, The Washington State Legislature preempted the City's ability to regulate the placement of new manufactured homes in the City through the adoption of SB 6593, which precluded any city in the State of Washington from enacting and/or enforcing any regulations not applicable to all housing types (manufactured and site -built). The new State legislation allowed Cities to regulate aesthetics as long as the standards apply to all housing and did not specifically discriminate against manufactured housing units. Many Pasco citizens opposed placement of manufactured homes in traditional, "stick -build" or site -built neighborhoods for fear that these units would detract from the aesthetic appeal of their neighborhoods and reduce their property values. As part of the campaign to push the bill through the Senate representatives from the manufactured housing industry introduced images of aesthetically pleasing high-end manufactured homes as examples of what the industry was willing to do aesthetically to their units in order to overcome the "mobile home" stigma. In response to the manufactured home industry's campaign, and as a result of the State mandate, the City of Pasco (and Kennewick/Richland) crafted a set of standards that require all homes in certain zoning districts to meet a specific level of aesthetic values. These standards were crafted so as to reduce the likelihood of homes which would clash with the surrounding architecture in any given neighborhood. These standards are as follows: 25.70.085 RESIDENTIAL DESIGN STANDARDS. (1) DESIGN STANDARDS. Except for multi -family structures the following design standards shall apply to all newly constructed or newly placed dwellings in RT, R -S-20, R -S-12, R -S-1, R-1, R-2, R-3 and the R-4 Districts: (a) The main entry doors of all dwellings must face the street on which the dwelling is addressed; (b) A minimum of 30 (thirty) square feet of glazing must be on the portion of the dwelling facing the street. Dwellings with less than 32 square feet of glazing must contain covered porches with a minimum of a four -foot overhang; (c) All entry porches/landing areas must be constructed as an integral part of the dwelling architecture; (d) The main roof of all dwellings shall have a minimum 5/12 pitch; except dwellings with less than a 5/12 pitch legally established as of the effective date of this ordinance shall be permitted to be rebuilt, altered, enlarged or remodeled without the roof being changed to a 5/12 pitch; (e) Eave overhangs are required and shall be a minimum of 12 inches; (f) Dwellings with 4/12 pitch roofs may be permitted provided the main roof includes one or more secondary roofs intersecting the main roof at right angles. The secondary roof must have a pitch of 5/12 or greater; (g) No false or artificial dormers are permitted; (h) All foundation walls must be poured concrete or masonry block; (i) All dwellings must be permanently connected to foundations, and must meet seismic and wind loading standards for Franklin County, Washington; 0) No more than 12 inches of foundation wall can be exposed on the walls facing a street; (k) All siding must be durable materials, such as brick, masonry, stucco, vinyl, exterior -grade wood, or exterior grade composites, each with a lifespan of at least 20 years under normal conditions; (1) All siding must extend below the top of the foundation 1 1/2 to 2 inches. A bottom trim board does not qualify as siding and cannot be used to cover the top of the foundation; (m) All trim materials around windows, doors, corners, and other areas of the dwelling, must be cedar or other City approved materials that are not subject to deterioration; (n) All electric meters must be securely attached to an exterior side wall of the dwelling. Meters are not permitted to face the street upon which the dwelling is addressed; (o) All additions and/or other architectural features must be designed and permanently connected to the dwelling so as to be an integral part of the dwelling; (p) Primary driveways shall terminate into an architecturally integrated garage or carport. No parking pad is permitted in front of a dwelling unless such pad leads to a garage or carport; (q) At least one required off-street parking space must be located behind the front building setback line of the dwelling. (2) EXCEPTIONS. Exceptions to the design standards may be granted through the special permit process based upon review of the criteria listed in PMC 25.86.060. Many architectural features of manufactured homes, such as low -pitch roofs, lack of integrated porches and landings, and so forth, were historically associated with the transportation requirements of mobile homes, reducing weight and allowing them to pass under low freeway underpasses. Unfortunately, a few of these standards—namely items 'T' and "g" above, dealing 2 with roof pitch, and false dormers, respectively—technically preclude architectural features which have been successfully utilized in stick -build construction with an otherwise pleasing aesthetic outcome, and without triggering the "mobile home" stigma. For example, a handful of architects have petitioned to allow for flat roofs (roofs with a pitch of 1/ 12 or less) and/or shed -style roofs with varying pitches under 5/ 12 pitch in the City of Pasco as part of their design strategy. While a flat roof is technically less than the 5/12 specified in the code, it does not resemble the squat -pitched mobile home roof designed to slide under low freeway bridges. Similarly, false dormers with windows on a 6/12 roof present an aesthetically pleasing fagade not resembling mobile home dormers. Findings 1. SB 6593 preempts cities in the State of Washington from regulating the placement of new manufactured homes. 2. SB 6593 precludes cities from enacting and/or enforcing any regulations not applicable to all housing types (manufactured and site -built). 3. The City of Pasco adopted Title 25.70.085 "RESIDENTIAL DESIGN STANDARDS" in response to the passage of SB 6593. 4. Title 25.70.085 requires all homes in certain zoning districts to meet a specific level of aesthetic values. 5. Title 25.70.085 standards were designed to keep new home designs from clashing with the surrounding architecture in any given neighborhood. 6. Many architectural features of manufactured homes were associated with the transportation requirements; reducing weight and allowing homes to clear low freeway underpasses. 7. The roof pitch and false dormers standards of Title 25.70.085 technically preclude architecturally pleasing flat roofs (roofs with a pitch of 1 / 12 or less) and/or shed -style roofs with varying pitches under 5/12 pitch, and dormers which have been successfully utilized in stick -build construction without triggering the "mobile home" stigma. 8. A handful of architects have periodically requested to allow for flat roofs and/or shed -style roofs with varying pitches under 5/12 pitch in the City of Pasco as part of their design strategy. 9. False dormers with windows on a 6/12 roof can present an aesthetically pleasing facade not resembling mobile home dormers. Staff recommends that the City allow flat roofs (roofs with a pitch of 1/12 or 3 less) and/or shed -style roofs with varying pitches under 5/12 pitch, and false dormers as specified in the attached proposed Code Amendment Ordinance. 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 August 17, 2017 meeting. 4 ORDINANCE NO. AN ORDINANCE AMENDING PMC TITLE 25 DEALING WITH RESIDENTIAL DESIGN STANDARDS REGARDING FALSE DORMERS & FLAT ROOFS (CA 2017-004). WHEREAS, cities have the responsibility to regulate and control physical development within their borders and to ensure public health, safety and welfare are maintained; and, WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and development of the City; and, WHEREAS, within the zoning regulations PMC Chapter 25.70.085 contains provisions regarding residential design standards; and, WHEREAS, Many architectural features of manufactured homes, such as low -pitch roofs, lack of integrated porches and landings, and so forth, were historically associated with the transportation requirements of mobile homes, reducing weight and allowing them to pass under low freeway underpasses; and, WHEREAS, standards dealing with roof pitch, and false dormers, technically preclude architectural features which have been successfully utilized in stick -build construction with an otherwise pleasing aesthetic outcome, and without triggering the "mobile home" stigma; and, WHEREAS, several architects have periodically requested to allow for flat roofs (roofs with a pitch of 1/12 or less) and/or shed -style roofs with varying pitches under 5/12 pitch in the City of Pasco as part of their design strategy; and, WHEREAS, While flat roofs and shed -style roofs with pitches under 5/12 pitch are technically in violation of the 6/12 pitch standard specified in the code, they often lend a pleasing appearance when built as part of an architecturally integrated design, as contrasted to the squat - pitched mobile home roof designed to slide under low freeway bridges; and, WHEREAS, fenestrated false dormers placed on a 6/12 roof typically present an aesthetically pleasing fagade not resembling mobile home dormers; and, WHEREAS, The Planning Commission considers it appropriate to allow for flat roofs (roofs with a pitch of 1/12 or less) and shed -style roofs with varying pitches under 5/12 pitch as part of an architecturally integrated design; and, WHEREAS, The Planning Commission considers it appropriate to allow false dormers containing windows on roof pitches with at least a 5/12 pitch; and, WHEREAS, the City Council has determined that to further the purposes of maintaining a quality community and to support orderly development within the City of Pasco, it is necessary to amend PMC Title 25.70.085 and adopts by reference the Planning Commission's findings on this matter; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That PMC Section 25.70.085 be and the same is hereby amended to read as follows: 25.70.085 RESIDENTIAL DESIGN STANDARDS. (1) DESIGN STANDARDS Except for multi -family structures the following design standards shall apply to all newly constructed or newly placed dwellings in RT, R -S-20, R -S-12, R -S-1, R-1, R-2, R-3 and the R-4 Districts: (a) The main entry doors of all dwellings must face the street on which the dwelling is addressed; (b) A minimum of 30 (thirty) square feet of glazing must be on the portion of the dwelling facing the street. Dwellings with less than 32 square feet of glazing must contain covered porches with a minimum of a four -foot overhang; (c) All entry porches/landing areas must be constructed as an integral part of the dwelling architecture; (d) The main roof of all dwellings shall have a minimum 5/12 pitch; except dwellings with less than a 5/12 pitch legally established as of the effective date of this ordinance shall be permitted to be rebuilt, altered, enlarged or remodeled without the roof being changed to a 5/12 pitch; and except for either flat -pitched roofs (roofs with a pitch of 1/12 or less) and/or shed -style roofs with varying pitches under 5/12 pitch, which have been intentionally designed as part of an overall architecturally integrated scheme. (e) Eave overhangs are required and shall be a minimum of 12 inches; (f) Dwellings with 4/12 pitch roofs may be permitted provided the main roof includes one or more secondary roofs intersecting the main roof at right angles. The secondary roof must have a pitch of 5/12 or greater; (g) No false or artificial dormers are permitted except fenestrated false or artificial dormers on roofs with at least a 6/12 pitch; (h) All foundation walls must be poured concrete or masonry block; (i) All dwellings must be permanently connected to foundations, and must meet seismic and wind loading standards for Franklin County, Washington; 0) No more than 12 inches of foundation wall can be exposed on the walls facing a street; (k) All siding must be durable materials, such as brick, masonry, stucco, vinyl, exterior -grade wood, or exterior grade composites, each with a lifespan of at least 20 years under normal conditions; (1) All siding must extend below the top of the foundation 1 % to 2 inches. A bottom trim board does not qualify as siding and cannot be used to cover the top of the foundation; (m) All trim materials around windows, doors, corners, and other areas of the dwelling, must be cedar or other City approved materials that are not subject to deterioration; (n) All electric meters must be securely attached to an exterior side wall of the dwelling. Meters are not permitted to face the street upon which the dwelling is addressed; (o) All additions and/or other architectural features must be designed and permanently connected to the dwelling so as to be an integral part of the dwelling; (p) Primary driveways shall terminate into an architecturally integrated garage or carport. No parking pad is permitted in front of a dwelling unless such pad leads to a garage or carport; (q) At least one required off-street parking space must be located behind the front building setback line of the dwelling. (2) EXCEPTIONS. Exceptions to the design standards may be granted through the special permit process based upon review of the criteria listed in PMC 25.86.060. Section 2. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of 2017. Matt Watkins Mayor ATTEST: Daniela Erickson City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney k ■ 6 r \ IN 13 4I mw *I - w I 1. NOIRMEM - � < � y . � f�� .»2'w lose Rome C 04 MEMORANDUM DATE: August 10, 2017 TO: Planning Commission FROM: Rick White, Director Community & Economic Development SUBJECT: Revisions to the Central Business District Zoning The Central Business District zoning requirements were adopted by the City in 1999. Since that time a number of revisions have been suggested to establish additional flexibility in the zoning district or to clarify existing regulations. The proposed ordinance does the following: • It more clearly indicates that "antique sales" are allowed as a permitted use and establishes a code citation to reinforce the definition of an "antique'; • It provides flexibility for wine, beer and alcohol sales as an accessory use (e.g. tasting rooms); • It allows dwelling units outright subject to several parameters; • It restates the inclusion of consignment sales and thrift shops as a permitted use subject to parameters identified under "Use Regulations" in PMC 25.70; • It establishes "electronic sales and repairs" subject to similar parameters for consignment sales and thrift shops; and, • It prohibits commissaries (kitchens for the preparation of food to be sold elsewhere) outright. The proposed ordinance has been discussed several times with the Downtown Pasco Development Authority Board and various City staff. Their input is included in this final draft version for public comment that is before the Commission. The Commission should conduct the Public Hearing on the proposed ordinance The Commission may find the following definitions contained in Title 25 helpful as these terms are contained in the proposed ordinance: 25.12.070 ANTIQUE. "Antique" means a piece of furniture, glassware, silverware, art work or other items that are at least sixty years old and are distinguished from general secondhand personal property, and collectibles by educational value, historic value, artistic value, ornamental character or intrinsic aesthetic merits. (Ord. 3354 Sec. 2, 1999 25.70.131 CONSIGNMENT STORES. (1) "Consignment stores" as the term is defined in this chapter, may operate in the C-1 (Retail Business District) and C-2 (Central Business District) Zones; however no new consignment store may locate closer than 1,000 feet from an existing consignment store, thrift store, or pawn shop; and, (2) Consignment stores may operate in the C-3 (General Business District) and in the I-1 (Light Industrial District) Zones; however no new consignment store may locate closer than 1,000 feet from an existing consignment store, thrift store, or pawn shop; and, (3) All business activities of consignment stores located in the C-1 (Retail Business District), C-2 (Central Business District), and C-3 (General Business District) Zones shall be conducted entirely within an enclosed structure. (Ord. 4066, 2012.) 25.70.132 THRIFT SHOPS. (1) "Thrift shops" as the term is defined in this chapter, may operate in the C-1 (Retail Business district) and C-2 (Central Business District) Zones upon issuance of a Special Permit, as per the requirements found in PMC 25.86; however no new thrift shop may locate closer than 1,000 feet from an existing consignment store, thrift store, or pawn shop; and, (2) Thrift shops may operate in the C-3 (General Business District) and in the I-1 (Light Industrial District) Zones; however no new consignment store may locate closer than 1,000 feet from an existing consignment store, thrift store, or pawn shop; and, (3) All business activities of thrift shops in the C-1 (Retail Business District), C-2 (Central Business District), and C-3 (General Business District) Zones shall be conducted entirely within an enclosed structure. (Ord. 4066, 2012) MOTION: I move to close the public hearing on the proposed amendments to the Central Business District Zone and schedule deliberations and a recommendation to City Council for the September 2111, 2017 Planning Commission meeting. ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending Chapter 25.44 "Central Business District' of the Pasco Municipal Code WHEREAS, Section 25.44.010 of the Pasco Municipal Code reflects the purpose of the Central Business District Zone; and WHEREAS, Sections 25.44.020 and 25.44.030 reflect the permitted uses and accessory uses within the District; and WHEREAS, Section 25.44 reflects the prohibited uses within the District; and WHEREAS, Administration of the regulations within these Sections of the Pasco Municipal Code have suggested needed adjustments and clarity to the variety of such permitted, accessory and prohibited uses; and WHEREAS, The proposed revisions have been considered by the Downtown Pasco Development Authority; and WHEREAS, The proposed revisions have been considered by the Pasco Planning Commission at a public hearing and the Commission has recommended City Council approve the revisions; and WHEREAS, The revisions reflect the best interests of the public for safety, welfare and betterment of the economic environment in Downtown Pasco; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 25.44.010 of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 25.44.010 PURPOSE. The C-2 Central Business District is established to promote the centralization of business and reinforce a positive public image and confidence in the Downtown core eammereial revitalizatie , within a compact commercial area having primarily common -wall building construction. Such construction offers the unique opportunity within the Pasco Urban Area to cluster together types of retail business and retail services which functionally interact well together, and will economically fare better, as a result of close proximity by cumulatively attracting more persons than as individual destination points. It is intended that the commercial clustering concept be fostered by emphasizing pedestrian access and circulation within the district, in a manner which is healthy, safe, uninhibited and convenient for employees and visitors of all ages. Public and private off-street parking shall be located to encourage pedestrian movement. On -street parking should be shafed byyi.:..:t, w..s:_esses aftEl be oriented to short duration convenience parking for customers in the vicinity. In order to preserve the public health, safety and welfare in central business district redevelopment, protect public and private investment in property and infrastructure improvements and improve stabilize deg property values, certain uses of the land may be restricted or prohibited. Section 2. That Section 25.44.020 of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 25.44.020 PERMITTED USES. The following uses shall be permitted in the C-2 district: (1) Antique stores as defined by 25.12.070 and 25.12.075 (2) Artist and office supplies; (3) Bakeries; (4) Banks and financial institutions; (5) Barber and beauty shops; (6) Bookstores, except adult bookstores; (7) Clothing, shoes and accessories, and costume rentals (new/unused materials only); (8) Consignment Stores (25.70.131) and Thrift Shops (25.70.132); (9) Crafts, stationary and gift shops; (10) Department and drug stores; (11) Electronic sales and repair stores with at least 50% of the stock and floor space devoted to the sale of new equipment; (12) Fresh and frozen meats, including seafood; (13) Florists; (14) Furniture and home appliance stores; (15) Galleries for art and restored or refinished antiques; (16) Grocery stores with less than 10,500 square feet of gross floor area; (17) Hardware and home improvement stores; (18) Import shops; (19) Jewelry and gem shops, including custom work; (20) Offices for medical and professional services; (21) Restaurants, sandwich shops, cafeterias and delicatessens; (22) Sporting goods; (23) Tailoring and seamstress shops; (24) Theaters for movies and performances, except adult theaters; (25) Public markets for fresh produce and craft work; (26) Parking lots; (27) Micro -breweries, and micro -wineries and associated tasting rooms; (28) Research, development and assembly facilities for component devices and equipment of an electrical, electronic or electromagnetic nature; and (29) Home brewing and/or wine making equipment sales. (30) Dwelling units, provided the units are within the principle building, are all above the ground floor of said building, the ground floor of said building is designed or intended to be used for a use permitted in Section 25.44.020 and there is at least one dedicated and off-street parking space for each unit. Section 3. That Section 25.44.030 of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.44.030 PERMITTED ACCESSORY USES. The following accessory uses and buildings, as respectively defined in Sections 25.12.020 and 25.12.115, shall be permitted in the C-2 district: (1) Parking lots; (2) Alcoholic beverage sales provided it is for on-site consumption and located within a restaurant; (3) Other uses clearly incidental or secondary to a principal use; (4) Beer/wine/alcohol beverage sales for on-site and off-site consumption provided the product is produced in Franklin, Walla Walla, Yakima and/or Benton County or on-site in a micro-brewery/winery/distillery axxaa. ,of-ariiiv..�ery> (5) Sales of micro -brewery products and non -fortified wines for off-site consumption provided such sales are in conjunction with an establishment selling predominately, based upon floor area, home brewing and/or wine making equipment as permitted in Section 25.44.020. (6) Storage buildings; excluding container storage, as defined in Section 25.12.430 are permitted. Section 4. That Section 25.44.040 of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.44.040 CONDITIONAL USES. The following uses are permitted subject to the approval of a special permit: 0) Dwelling units, pfevided the units afe within the prineiple building, are all above t4e ground floof ef said building, and the gf 1-4-4nd of said- hil-lding is desiped eF intended te be used for a tise pefmitted i Seetion 25.44.020. (1) Unclassified uses per Section 25.86.020. Section 5. That Section 25.44.030 of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.44.050 PROHIBITED USES. Evidence received by the Planning Commission and contained in previous studies and Pasco Police Crime Reports demonstrates that certain uses make the Central Business District less desirable or attractive to the public due to a demonstrated history of contribution to general public disorder, loitering, nuisance and other acts detrimental to the public image of the area. Certain other uses provide entirely, or predominately, automobile services and, thereby, do not foster the clustering concept intended to attract pedestrian visitors. Other uses may, by their inherent nature, require a disproportionate amount of the limited vicinal on -street parking, for an extended time, which is intended to be available and shared by all business for the short duration convenience of customers. The following listed businesses, for the reasons above, inhibit new business growth, contribute to business loss and decline of property values, inhibit convenient access to vicinal businesses, do not foster the clustering concept intended to orient the business environment to pedestrians, or perpetuate a public image which is undesirable or unattractive and detrimental to public and private investment in revitalization efforts and, therefore, are prohibited within the C-2 district: (1) Gasoline and service stations, automobile services or repair, except tire stores; (2) Outdoor storage of goods or materials; (3) Membership clubs; (4) Taverns; (5) Billiard and pool halls; (6) Amusement game centers; (7) Pawn shops; (8) Card rooms, bingo parlors, dance halls, nightclubs and similar places; (9) Adult theaters, adult bookstores, tattoo parlors, bathhouses and massage parlors; (10) Community service facilities level two; (11) Secondhand dealers. Similar or like uses although not specifically listed are also prohibited; and (12) Commissaries for the preparation of food to be served elsewhere; and (123) Adult Business Facilities. Section 6. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of 2017. Matt Watkins, Mayor ATTEST: Daniela Erickson, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney