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HomeMy WebLinkAbout11-16-2017 Planning Commission Meeting PacketPLANNING COMMISSION - AGENDA REGULAR MEETING 7:00 P.M. November 16, 2017 I. CALL TO ORDER: II. ROLL CALL: Declaration of Quorum III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES: October 19, 2017 V. OLD BUSINESS: A. Special Permit Replacement of Stevens Middle School (Pasco School District) (MF# SP 2017-013) B. Special Permit Location of Elementary School #17 (Pasco School District) (MF# SP 2017-014) C. Special Permit Location of Middle School #4 (Pasco School District) (MF# SP 2017-015) D. Special Permit Location of a Beauty School (Maria Avila) (MF# SP 2017-016 E. Rezone Rezone from RT (Residential Transition) to R-1 (Low Density Residential) (Pahlisch Homes LLC) (MF# Z 2017-006) VI. PUBLIC HEARINGS: A. Special Permit Location of a Solid Waste Facility (Basin Disposal Inc.) (MF# SP 2017-019) B. Rezone Rezone from R-1 to R-4 (A.K. Sharma) (MF# Z 2017- 007 C. Code Amendment Creating a new Chapter 26.50 "GMA Development Agreements" in the Pasco Municipal Code (MF# CA 2017-006) VII. WORKSHOP: A. Block Grant Section 108 Loan Program - CDBG VIII. OTHER BUSINESS: A. Other December 21, 2017 Meeting IX. ADJOURNMENT: This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and streamed at www.pasco-wa.com/lisctvlive. 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 MEMBERS ABSENT No. 1 Tanya Bowers No. 2 No. 3 Paul Mendez No. 4 No. 5 Joe Cruz No. 6 Ruben Alvarado No. 7 Zahra Roach No. 8 Pam Bykonen No. 9 Gabriel Portugal APPEARANCE OF FAIRNESS: Joseph Campos Alecia Greenaway October 19, 2017 Chairman Cruz read a statement about the appearance of fairness for hearings on land use matters. There were no declarations. Chairman Cruz then asked the audience if there were any objections based on a conflict of interest or appearance of fairness question regarding the items to be discussed. There were no objections. THE OATH: Chairman Cruz explained that state law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Chairman Cruz swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Bowers moved, seconded by Commissioner Portugal that the minutes dated September 21, 2017 be approved. The motion passed unanimously. OLD BUSINESS: A. Rezone Rezone from I-1 (Light Industrial) to I-2 (Medium Industrial) (Tom Kidwell) IMF# Z 2017- 0051 Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the rezone application from I-1 to I-2. He -1- stated that there were no additional comments since the previous meeting. Chairman Cruz reminded the Planning Commission that the discussion of asphalt plants, which is what the applicant would propose to use the site for via special permit if rezoned to I-2, has been covered to great extent in the past and that there would be proper controls to ensure public health and safety. Commissioner Portugal moved, seconded by Commissioner Bowers, to adopt findings of fact and conclusions therefrom as contained in the October 19, 2017 staff report. The motion passed unanimously. Commissioner Portugal moved, seconded by Commissioner Bowers, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council rezone Lot 4, binding Site Plan 2016-06 from I-1 to I-2 as recommended by the Planning Commission. The motion passed unanimously. B. Preliminary Plat Preakness Ridge, 86 -Lot Multi -Family (Big Sky Developers LLCI IMF# PP 2017-008) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the preliminary plat for Preakness Ridge, an 86 -Lot multi -family development. He noted in Condition #7, the cul de sac at the east end of Chapel Hill Boulevard must be squared to the southeast to provide additional right-of-way access to the storm water pond to the south. Chairman Cruz asked if the applicant was fine with the conditions. Mr. McDonald replied, yes. Commissioner Bowers moved, seconded by Commissioner Bykonen, to adopt findings of fact and conclusions therefrom as contained in the October 19, 2017 staff report. The motion passed unanimously. Commissioner Bowers moved, seconded by Commissioner Bykonen, based on findings of fact and conclusions, as adopted, the Planning Commission recommend the City Council approve the preliminary plat for Preakness Ridge with conditions as listed in the October 19, 2017 staff report. The motion passed unanimously. PUBLIC HEARINGS: A. Special Permit Location of a Church in a C-3 District (Pedro Bautista) (MF# SP 2017-012) - Continued from September 21. 2017 meeting Chairman Cruz read the master file number and asked for comments from staff. -2- Darcy Bourcier, Planner I, discussed the special permit application for a church in a C-3 district. She explained that this item was continued from the September 21, 2017 meeting because the Planning Commission wanted to give the applicant a chance to go over the conditions with Spanish speaking staff to ensure he fully understood the conditions prior to approval of the special permit. Since that meeting, the applicant has met with bilingual staff to go over the staff report. There were no additional changes to the report since the previous meeting. Pedro Bautista, 1327 N. 24th Avenue, Apt. 3A, spoke on behalf of his application and stated that he understood and would comply with the conditions contained in the staff report. With no further questions or comments the public hearing was closed. Commissioner Mendez asked to abstain from voting on this item but Rick White, Community & Economic Development Director, explained that per the City Attorney, it is not proper form to abstain after hearing the public testimony. The proper form would to have been to have made a declaration at the beginning of the meeting and then step out of the Council Chambers during the hearing. Commissioner Portugal moved, seconded by Commissioner Alvarado, to close the hearing on the proposed special permit and adopt findings of fact and conclusions therefrom as contained in the October 19, 2017 staff report. The motion passed 5 to 1 with Commissioner Mendez dissenting. Commissioner Portugal moved, seconded by Commissioner Bykonen, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Pedro Bautista for the location of a church at 3330 West Court Street, Suite Q with conditions as contained in the October 19, 2017 staff report. The motion passed 5 to 1 with Commissioner Mendez dissenting. B. Special Permit Replacement of Stevens Middle School (Pasco School District) (MF# SP 2017-013) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the special permit application for the replacement of Stevens Middle School. The School District over the years has applied for various special permit applications to make improvements and changes to Stevens Middle School. Those other special permits have lead up to the current special permit request for the total rebuild of the middle school. The previous special permits were for parking lot changes to the north and to the east and the latest permit eliminated 23th Avenue so that the play fields could be connected to the school property itself and eliminate the dangers of children crossing the street. The current permit application proposes a new school in the southwest corner of the property at 24th Avenue and Henry Street. Once that school is complete then the old school will be Sem raised and a parking lot will be placed where the school is currently located. There will also be a track and a football field. Provided in the staff report was a review of the various items the Planning Commission is required to consider as well as a list of proposed conditions. Commissioner Bykonen asked if staff had received any public comments regarding the closing of 24th Avenue. Mr. McDonald said that staff did receive public comments during a previous public hearing for the School District. The road has already been closed now. Randy Nunamaker, Pasco School District Executive Director, 1215 W. Lewis Street, spoke on behalf of this application. Stevens Middle School was built in 1960 and is about 57 years old. The School District went through the process of meeting with the Community Builders Group made up of community members of Pasco. Based on those meetings their recommendation was to replace Steven's on its current site with the current upcoming bond. The School District will work with the City to come up with designs that will be safe and efficient, allowing traffic and access to the school. Commissioner Bowers asked if this was a location where there has been overcrowding. Mr. Nunamaker said there has been overcrowding until a few years ago when the sixth graders were moved from middle school back into the elementary schools. Part of the Community Builders Group recommendation is to look into the future of moving those sixth graders back to the middle schools. With no further questions or comments the public hearing closed. Commissioner Mendez moved, seconded by Commissioner Alvarado, to close the hearing on the proposed special permit and set November 16, 2017 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. C. Special Permit Location of Elementary School #17 (Pasco School District) (MF# SP 2017-014) Chairman Cruz read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the special permit application for the location of elementary school #17. The Pasco School District is looking to build an elementary school on a portion of a 60 acre site that is composed of two parcels. The eastern lot is about 21 acres and a portion of the western lot is designated for the elementary school and most of the site to the west is being proposed for a middle school. Pasco currently has 15 elementary schools which have the capacity to serve 7,700 students but as of August 2017, there were 8,500 students. Mobile classrooms have been added to almost every school campus in order to accommodate that growth. The ongoing growth, population and enrollment, the School District needs to construct M several new schools. The District wants to develop the site with a 72,000 square foot elementary school with classroom space for 750 students. The site will contain sports fields, public parking and bus loading off of Burns Road. Burns Road is improved with pavement only so the School District will be responsible for completing all of the street improvements on Burns Road and installing roads on the east and west borders of the site. Access to the site will be from a proposed road that will be constructed on the east property line and from Burns Road to the south. Both Broadmoor Boulevard and Road 90 feed into Burns Road for local access. Schools in Pasco are typically located in residential zoning districts and raise the property values of the houses nearby, promoting the development of the neighborhoods. Commissioner Alvarado asked when the residential development to the south was developed. Dave McDonald, City Planner, said the residential south of Burns Boulevard began in 2004-2005 and in that time over 1,000 homes were constructed in the city and these homes were a part of that growth spurt. Commissioner Alvarado asked how recent have plans been to have a school in this area. Mr. McDonald responded that the School District would be better to answer but they have owned the 40 acre site for a number of years and just recently purchased a 21 acre site to add to it. Commissioner Alvarado said he would like to have seen more access for kids to walk to the school moving forward. Mr. McDonald replied that there are connections from the south to Burns Road by way of Road 84 and Road 90. Commissioner Alvarado said they were not very walkable for kids. Mr. McDonald responded that the School District will be installing sidewalks along the southern portion of their property and as with most elementary schools, they will have crossing guards at Road 90 and Road 84 along Burns Road. Commissioner Alvarado added that it would be nice to have a street between Road 90 and Road 84 to give access for kids to walk to school and not have to go all the way around to Road 90. It is possibly too late for that now but something to look at in the future. Mr. McDonald replied that when the subdivision was developed to the south nobody had any idea that there would be schools at this location. Commissioner Bowers said this location seems really close to Maya Angelou Elementary School and wondered what the boundaries would be for Maya Angelou -5- versus this new school. Chairman Cruz said that would be a question to ask the applicant. Randy Nunamaker, Pasco School District Executive Director, 1215 W. Lewis Street, spoke on behalf of this application. Pasco School District has continued its enrollment growth and the addition of these schools would help accommodate the growth on the west side of Pasco. The School District will work with the City to ensure the footprint is appropriate for safety and access to the school with crosswalks and sidewalks. Commissioner Bowers asked why there was a decision to locate an elementary school at this site given the close proximity to an existing elementary school. Mr. Nunamaker responded that right now Maya Angelou Elementary has almost 1,000 students which is significantly above and beyond what that school can handle. When looking at current and future developments there will be more than enough students accommodating the new school. Commissioner Bowers said there was a football or soccer field located on site and four baseball diamonds. She asked how the sports facilities were decided upon. Mr. Nunamaker said of course. Typically there are baseball and softball fields as well as soccer fields. They have a process called "Educational Specifications" where the community is involved and there is a lot of discussion. At this time it is conceptual plans. Chairman Cruz said they have a general template they use for planning purposes and then they adjust based on the feedback. Commissioner Portugal asked if he knew the percentage of walkers that would attend the school versus the students who take the bus. Mr. Nunamaker said that they won't have those numbers yet. There is a process for developing the school boundaries and once those boundaries are developed with public input, and at that time there will be a discussion about walkers and buses. Chairman Cruz reminded the Commission that the School District doesn't pick school locations based on the proximity to other schools, rather the density of the houses in particular areas. The density in the proposed area is very tight so even though the schools are close together it is based on the density of the student population around. There will likely be more than 5 schools in this area when it is all said and done when the area is fully developed. Mr. Nunamaker said yes, they are already looking for property. S2 Chairman Cruz said the new proposed middles school is only roughly 2 miles from McLaughlin. Mr. Nunamaker said yes. Commissioner Mendez asked if the School District has developed a master plan to address the population growth. As it is now, there are portables and nobody likes the portables. Mr. Nunamaker said absolutely and their goal is to construct new schools and move completely away from portables. Brick and mortar buildings are always their first choice. As for the Master Facilities Plan, the schools the Commission is hearing about now are being put on the November bond election which was developed by the Community Builders Group and based on the bond election results, the Community Builders will come back together and complete the 20 year Facilities Plan. With no further questions or comments the public hearing closed. Commissioner Bykonen moved, seconded by Commissioner Bowers, to close the public hearing and schedule deliberations, the adoption of findings of fact and development of a recommendation for City Council for the November 16, 2017 Planning Commission meeting. The motion passed unanimously. D. Special Permit Location of Middle School #4 (Pasco School District) IMF# SP 2017-015) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit application for the location of middle school #4. This item involves a middle school adjacent to the proposed elementary school in the 9300 block of Burns Road. The entire site is roughly 60 acres and the middles school site is composed of about 39 acres. The current zoning on the property is R-1 and everything discussed during the special permit hearing for the new elementary school would apply to this item. The school will be substantially larger at 115,000 square feet and would have the capacity for 1,100 middle school students. There is information in the staff report on traffic generation. Part of the staff report indicates that the City will be working with the School District to review a traffic impact study that will likely call out the likely needed improvements both on the roads adjacent to the site and possible intersections nearby, particularly Broadmoor Boulevard and Road 100. Chairman Cruz stated that he agreed with a comment Commissioner Alvarado discussed during the special permit hearing for the elementary school located on the same site in that there is an awkward situation where there is only one north/south access for quite some distance but there is not much to do about that. Randy Nunamaker, Pasco School District Executive Director, 1215 W. Lewis Street, PYA spoke on this item. This middle school will help with growth and provide additional space for our middle school students. Mr. White added that while there doesn't seem to be much north/south access to the school now with the exception of Road 90, the zoning on either side of both of these sites is R-1 and is in the City and it's very likely the property to the north will likely be in the City very soon and also probably zoned residential so in the future, although the bond may pass and the schools may be built in a year or two and they may serve properties to the south, the may end up not serving any properties to the south once these areas to the north develop. Commissioner Alvarado said he had a request for future development from both the School District and the Planning Department to make sure that there are appropriate easements in the residential developers are informed of the design of the school to create good easements for the kids to get to school. And on another note, he added that it would be helpful to get a scale added to the maps in the future. With no further questions or comments the public hearing closed. Commissioner Bowers moved, seconded by Commissioner Portugal, to close the public hearing and schedule deliberations, the adoption of findings of fact and development of a recommendation for City Council for the November 16, 2017 Planning Commission meeting. The motion passed unanimously. E. Special Permit Location of a Beauty School (Maria Avila) (MF# SP 2017-0161 Chairman Cruz read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the special permit application for the location of a beauty school. The applicant wishes to relocate their existing beauty school to a commercial building just on the other side of the street at 746 W. Court Street. She had received a special permit for her current beauty school at the former address in 2016 but wishes to relocate to better serve her visitors parking needs. Beauty schools have been permitted within the city in the past and licensed as private schools. Within the proposed location there is an existing barbershop which has operated since 2013 so both the barbershop and beauty school will share the 1,600 square foot building. Training will be provided for approximately 6 students or less at a time. Currently there are 5 off street parking spots, including 1 ADA parking spot but the PMC requires at least 11 parking spaces for a building of this size. One option potentially available is to borrow parking from the Tri -Cities Community Health parking lot which contains 77 parking stalls located to the southwest of the proposed property. That building requires at least 73 parking spots so they have an additional 4 parking spaces that could be used to fulfill most of the schools remaining parking. However, even then they would still be short 2 spaces but parking is likely to occur on North 7th Avenue on the street and it should be noted that nearly all properties on Court Street have parking issues. Because this neighborhood hasn't undergone a complete revitalization, parking will probably always be an issue. In Commissioner Bowers asked how many parking stalls are located at their current location. Ms. Bourcier said it was 3-4 parking stalls. The proposed location isn't much better but there is at least parking on 7th Avenue. Commissioner Portugal asked for clarification on the parking spots they could share or borrow. Ms. Bourcier there were 4 spots that they could potentially borrow from the Tri -Cities Community Health Center as they have 4 additional spots than what is required for them. Commissioner Portugal asked if the applicant has already worked out a deal with the Tri -Cities Community Health Center. Ms. Bourcier said no, it was just a potential option. Nobody has contacted the Tri - Cities Community Health Center yet. Chairman Cruz said there may be enough parking on the street and the Planning Commission could possibly decide to accept less parking stalls because it is an existing location, not high traffic on Brown Street and parking available on 7th Avenue. While it would be better if they had onsite parking but based on the current configuration of the neighborhood and the surrounding area it may not be an issue if they are fully compliant with current standards. Commissioner Bowers asked for clarification on their current location. Ms. Bourcier responded that they are located to the north on Court Street. Commissioner Bykonen recalled that the previous time this applicant came forward with their original special permit for their current location, the owner of the barbershop on the north side of Court Street appeared at the public hearing and expressed a lot of concern about parking in a lot that he owns. She wanted to ask the applicant to make sure that there is a way for her customers or students to know or realize that parking in that parking lot is no longer an option. She had concerns for that business owner with his parking situation, even though it would require crossing Court Street but people cross Court Street all day and night. Ms. Bourcier said she didn't think it would be any trouble at all to let students know where the parking would be for the new location. Commissioner Bowers asked if there had been complaints from that business owner about parking since their school opened. Ms. Bourcier said there had been no complaints. '® Dave McDonald, City Planner, added that there were a number of complaints while going through the public hearing process for their original special permit but staff hasn't heard from him since the school went in. On North 7u Avenue there are a dozen or more on -street parking spaces available. On Court Street there were none so there are a number of spaces that can be used at this new location. Evelyn Menzel, 531 S. 38th Avenue, West Richland, WA spoke on behalf of Maria Avila. One of the main reasons they are asking for relocation is due to the parking and not because of complaints from the students but because of the aggressive and combative neighboring business owner that Commissioner Bykonen was referring to. He parks his large truck and blocks the view and the students and customers can't see when backing out and is dangerous for the students and customers. The same owner who owns their current location also owns the new location and he is will to let them continue to use the parking behind 926 Court Street and they have a parking contract there right now and they can continue that. He also owns the neighboring house and he will allow parking there. Their main reason for relocating is for the safety of their students and customers. The new location is also bigger on the inside and has handicap access. Most of their students don't have vehicles but take the bus and right on the corner by the Tri -Cities Community Health Center is a bus stop making it convenient for them. With no further questions or comments the public hearing closed. Commissioner Portugal moved, seconded by Commissioner Mendez, to close the public hearing and schedule deliberations, the adoption of findings of fact and development of a recommendation for City Council for the November 16, 2017 Planning Commission meeting. The motion passed unanimously. F. Rezone Rezone from RT (Residential Transition) to R-1 (Low Density Residential) (Pahlisch Homes LLC1 IMF# Z 2017-006 Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed the rezone application from RT to R-1. The site is approximately 144 acres at the southwest corner of Burns Road and Dent Road. The developer is one who specializes in residential subdivisions that are a little more planned or detailed than what the City normally sees. What they are proposing with this rezone is to do a master plan for the entire site that would involve various lot sizes that would take advantage of the views that would be available on that site because there is a lot of elevation changes from the east to west. They are also interested in provided open green space, trail ways and a community center for recreation and/or a little commercial but that part is unsure. The property has been in the City since 1998 and at that time it was zoned RT because there were no utilities in the vicinity. There is now a major waterline running east to west on Burns Road which would be able to serve this property. The City is also currently refining the Comprehensive Sewer Plan in an effort to figure out how sewer would get up through this area. The developer has been working with the Engineering Department to come to a solution to -10- provide sewer. In this case it may involve a lift station on the lower part of the site and have that pump back up to a sewer line at another location. The Comprehensive Plan for years has indicated this area should be developed for low-density residential. The City is currently working on the Broadmoor Area Plan which is in refinement of a couple of different plans done for this area. Commissioner Portugal said that the staff report discussed the creation of another residential neighborhood could improve the water stagnation. He asked for clarification on that. Mr. McDonald said that right now there is only one line that runs down Burns Road and goes down south into the Kohler Subdivision. That line is not connected to any other line and there are not a lot of homes down there yet. The line is quite long and large so the water line may not turnover as much as it would it a higher population neighborhood. When more homes are developed, more water runs through the line and addresses the concern of stagnant water. Commissioner Alvarado asked about the Sandifur Corridor Overlay and if it is just conceptual spacing as for what the zoning would be like versus the map for the rezoning. Mr. McDonald clarified the maps in the staff report and that the applicant would qualify for the smaller lots that he is proposing to do. Commissioner Alvarado asked if it is an adopted plan. Mr. McDonald said no it is being worked on currently and the property owners have been a part of the process. Mr. Wilson was present at the meeting and represents the family who owns the property and has participated in a number of these planning studies in the past. Rick White, Community 8v Economic Development Director, added that even though this work effort is occurring now, it is not a whole lot different than what has been proposed for this site since 2005. There has always been a concept to come up with a better product than a template subdivision because Pasco has a lot of template subdivisions and the City is trying to mix up the community a little bit so that there is a variation of lot sizing, the ability to have perhaps a small scale commercial at some locations where appropriate, larger regional commercial at the major intersections where appropriate and the current developer is interested in a community approach to a subdivision. So you may see starter homes, homes that people may not wish to have larger lots and then there will be homes in the middle. Chad Bettersworth, Pahlisch Homes LLC, 210 N. Center Parkway, Kennewick, WA, spoke on behalf of this item. Pahlisch Homes has been in Pasco recently in a few small spot lots but Pasco may not be familiar with how they typically like to do business. They are a developer and builder and like to do master plan type of communities where they are the only builder. They like to build community centers -11- and trail systems, parks and emphasize a more community approach with meandering roads rather than just linear roads. It is more costly to develop in this manner so typically they are a second-third time home builder and more in the move -up market. They are excited to be a part of the Pasco Community and to be a part of the master plan process. They have worked in areas in Hillsboro, West Portland and was about a 10,000 unit master plan area. Chairman Cruz asked if they have done developments in Bend, OR. Mr. Bettersworth said yes. Chairman Cruz asked what one of the more recent developments in Bend, OR that they completed. Mr. Bettersworth said, The Bridges, which is located on the east side of Bend. They also did McCall Landing in Bend. They build a wide variety of homes with various price points and product types all the way from attached alley loaded 20' wide to almost excessively large single-family homes. This site will likely not focus on the extremes but more in the middle; 2,000-3,500 square foot homes. It is customer driven and what the community wants. Commissioner Mendez asked if there would be roughly 4 units per acres on this 144 acre lot. Mr. Bettersworth said yes but not all of the site may be developed. Some of it due to elevations may be too low to develop. The current unit count is something around 350-400 home range. The final number will have a lot to do with the master plan piece and how that will lay and out and how the transportation and other items will come into play. Commissioner Mendez asked if the parks would be developed. Mr. Bettersworth responded that their intent is to have a private community center that will be a part of a homeowner's association with a pool and community area with decks and patios, outside barbeques and fire pits and then the rest of the community would be connected by a common trail system and not as much as a standard sidewalk but they would meander behind and between the homes to connect it in a more aesthetically pleasing way with landscaping. He encourage the Commissioner's to visit their website, www.pahlischehomes.com, to view the work they have completed. Commissioner Bowers asked if the trail system would be open to the public or only open to the homeowners. Mr. Bettersworth said it would be open to the public. Only the community center would be private. -12- Jason Maddox, PBS Engineering &, Environmental, 400 Bradley Blvd Suite 106, Richland, WA 99352, spoke on behalf of this item as their engineering firm. He stated that he has been working more on the technical side of the project. From a transportation standpoint, this site didn't previously have access but it does now with Burns Road and developments happening to the north. There is also access to the water main and having additional flows and networks in the infrastructure. As development happens to the east it will all tie together and produce better water quality, water system connectivity and more fire flow. The sewer, due to topography constraints, many homes to the north are being served off of septic. In order to do this site and at the proposed density, they will need to develop additional infrastructure that would be done as public infrastructure and they are currently working with the City Engineering Department to create more of a lift station that would serve this community and be able to have that station potentially expand to serve other areas. Commissioner Alvarado asked if the site will be served with irrigation water. Mr. Maddox replied that currently this site is serviced by South Columbia Basin Irrigation District. There is an irrigation pivot on this site so there is irrigation water available to the site and some of the developments to the north of there was not irrigation water so this site is currently irrigated. They are in talks with South Columbia Basin Irrigation District on being able to utilize that water for this project but it has not been finalized. David Wilson, 10723 W. Court Street, spoke on behalf of this item. He said he is one of the owners representing his family. They grew up in the home on this site and they farmed the land. They then sold gravel to Central Pre -Mix and then American Rock bought out Central Pre -Mix. Pahlische Homes approached them and as they discussed this development and they looked at their products in Bend and other places, they were very impressed. It is nice to go see the developments they completed 15 years ago and see that it still looks just as nice and they are very well kept up. They have a great homeowners association and are maintained. His family wishes to leave a family legacy and this project would make them proud rather than leaving a whole in the ground when they are done selling gravel. Commissioner Bowers asked if any of the housing would be affordable housing. Mr. Wilson said he'd have to leave that to Mr. Bettersworth of Pahlische Homes. Chairman Cruz responded that they would likely be above entry level based on the development price point. Commissioner Alvarado said he is excited to see some new places to walk in the Tri - Cities and is appreciative that he was selective on how he is handing off his legacy. Chairman Cruz thanked Mr. Wilson as well. -13- With no further questions or comments the public hearing closed. Commissioner Bykonen moved, seconded by Commissioner Bowers, to close the hearing on the proposed rezone and set November 16, 2017 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. G. Code Amendment Ordinance Amending PMC Chanter 26.28 Allowing Administrative Approval of Final Plats IMF# CA 2017-0071 Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the proposed code amendment to PMC Chapter 26.28 which would allow administrative approval of final plats. State law changed in this last legislative session and rather than mandating that City Council approve final plats in municipalities they gave the option for cities the option to delegate that authority to an administrative person or staff. This was discussed at the previous month's hearing but when the item finally proceeds to City Council for final plat approval, everything has been done and fulfilled. The Planning Commission holds the hearings for the plats, they are approved, recorded and the implementation of that approval gets done through the final plat process. It doesn't proceed to Council until it's done or until there is a cash guarantee for us to do it if the developer fails. Staff sees it as a way to decrease liability on behalf of the City but also to increase efficiency which would do away with roughly a 2-3 week process where it takes a developer to get the final plat to City Council for approval and having to show up for the hearing. With no further questions or comments the public hearing closed. Commissioner Portugal moved, seconded by Commissioner Mendez, to close the public hearing and schedule the deliberations and a recommendation for City Council for the November 16, 2017 Planning Commission meeting. The motion passed unanimously. OTHER BUSINESS: With no further discussion or business, the Planning Commission was adjourned at 8:17 p.m. Respectfully submitted, David McDonald, City Planner -14- REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2017-013 APPLICANT: Pasco School District # 1 HEARING DATE: 10/ 19/17 1215 W Lewis St ACTION DATE: 11/16/17 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Stevens Middle School Replacement 1. PROPERTY DESCRIPTION: Legal: A portion of the SW 1/4 of the NE Quarter of NE 1/4 of Section 25, Township 9 North, Range 29 East, W.M. contained within Parcel # 119332080 adjoining parcels and Hillhaven Addition. General Location: 1120 22nd Avenue Property Size: Approximately 16.55 acres 2. ACCESS: The site is accessible from 22nd Avenue, 24th Avenue and 26th Avenue. 3. UTILITIES: All municipal utilities serve the school site. 4. LAND USE AND ZONING: The site is zoned R-2 and R-3 (Medium Density Residential) and is developed with the Stevens Middle School Campus. The zoning and land use of the surrounding properties are as follows: NORTH: C-1 - Commercial Businesses SOUTH: R-2 & R-3 -Multi-Family Residences EAST: R-1 - Single Family Residences WEST: R-2- Single Family and Multi -family Residences 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site as public and quasi -public uses. Goal CF -5 suggests adequate provisions should be made for educational facilities located throughout the urban growth area. Policy CF -S-A encourages the appropriate location and design of schools throughout the community. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project. A Determination of Non - Significance or Mitigated Determination of Non -Significance is likely for this application (WAC 197-11-355). Stevens Middle School was constructed in 1960 and has been a part of the surrounding neighborhood for the past 57 years. As the community has grown Stevens Middle School and the school site have been modified to meet increased enrollment. Since 2010 the School District has been working to improve the school site by adding parking, changing bus drop off and pick-up facilities and consolidating the sports field with the main campus by closing a portion of 24th Avenue. The next phase of redevelopment calls for the construction of a replacement school for the existing aging building. The new school will be constructed at the northeast corner of West Henry Street and 24th Avenue. Following the construction of the new school the existing school will be razed and a new football field and track will be constructed on the north side of the campus generally between 22nd Avenue and the closed portion of 24th Avenue. A portion of the existing parking lot south of the McDonald's parking lot on 22nd Avenue will be converted to tennis courts. The earlier improvements to Stevens School were granted special permits by the City Council. The previous approvals did not include the construction of a replacement school building on the site. A traffic study was previously completed when the closure of 24th Avenue was considered and approved. Traffic is not anticipated to change much except for the fact parking and parent drop-off areas will be improved. This will improve the traffic conditions on 22nd Avenue during the school year. Bus facilities will be added on the south side of the campus along Henry Street further eliminating current congestion around the school. 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 in an R-2 and R-3 zone. FA 2. The Comprehensive Plan identifies the site for public and quasi -public uses. 3. Comprehensive Plan Goal CF -5 suggests that adequate provisions should be made for the location of educational facilities throughout the urban growth area. 4. Schools are conditional land uses and require review through the special permit process prior to permitting for construction. 5. Stevens Middle School has been located at the current site for the past 57 years. 6. The Planning Commission considered a Stevens Middle School re- development plan during a Special Permit review in 2011. The Development plan included a new parking lot on the east side of 22nd Avenue a revised bus parking area on the north side of the school and bus access from 24th Avenue rather the 22nd. 7. The Planning Commission considered a Stevens Middle School re- development plan and street closure during a Special Permit review in 2015. The Development plan included closing 24th Avenue to connect the main school campus with the sports field on the west side of 24th Avenue. 8. A Traffic Study was prepared for the proposed street closure in July of 2014. Twenty -Fourth Avenue was closed based in part on the traffic study. 9. The relocation and reconstruction of Stevens Middle School in the southwest corner of the school site will allow parking and traffic circulation to be improved benefiting the surrounding neighborhood. 10. Stevens Middle School has been located on the site for 57 years and is an established part of the neighborhood CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The proposed use supports the following plan policies or goals: CF -5 suggests adequate provisions be made for educational facilities throughout the Urban Growth Area. The Comprehensive Plan land use t map indicated the site is to be developed with public and quasi -public land uses. Schools are a public land use. 2) Will the proposed use adversely affect public infrastructure? Stevens Middle School has been located on the site for over 57 years and has not adversely impacted public infrastructure. The proposal will not increase the need for municipal utilities. The proposal may lessen congestion on neighboring streets due to the reconfiguration of parking, student drop off areas and the relocation of the bus facilities. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? Stevens Middle School is part of the neighborhood character and has been for 57 years. Schools are typically located in or near residential neighborhoods and are an accepted part of the character of residential areas. 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 location and height of the school will be altered from the current configuration as the school will be completely rebuilt. The overall height will generally match the height of the existing gym. The neighborhood is fully developed as a result there is no development to discourage. Past experience has shown the location of schools within Pasco neighborhoods has not impaired the value of residential development within those neighborhoods. 5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? Experience has shown that schools within Pasco generate few complaints from neighbors. Schools typically are not a source of dust, fumes, vibrations or flashing lights. During weekends, the summer break, and other break periods very little activities occurs on school sites. 0 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The new school will be built to current health and safety requirements which will enhance the safety of students and teachers. Past experience has shown the location of schools within Pasco neighborhoods has not created nuisance conditions that impact permitted uses. Proposed Approval Conditions 1. The special permit shall apply to Parcel No. 119332081. 2. The school site shall be developed in substantial conformity with the site plan submitted with the special permit application. 3. This special permit approval does not preclude the School District from extending the classroom wing of the building toward 22nd Avenue provided the 20 foot setback is maintained from the right- of-way. 4. Portable classroom may also be permitted on the site without further special permit review provided the number of portables does not exceed eight. 5. The special permit shall be null and void if a permit for site redevelopment has not been obtained by December 31, 2020. MOTION: I move to adopt findings of fact and conclusions therefrom as contained in the November 16, 2017 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit to the Pasco School District for the location of a new Stevens Middle School at 1120 22nd Avenue with conditions as contained in the November 16, 2017 staff report. 5 i` .411Y117O/ `•LT Y;v'1 -0 IGl,1;JI`•1'"I'tt7YAs re'rar�TM;6 1 �srI1F8. `Ru ' -,'kZ00 r � MDwas, � �r. :: !1 •1�1 � 1 r i /1 s^ lfvs� f VN4• ct l err HI � 4-4 A r .11 UA 1 L. cn ® 1 C) c CD - T/1 V1 Nos U wuuw f 1 trt m. 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F., r Od i - H� r,._ u l y zz bf, 0Jd 3 •4 - 3AV H_lOZ _ ff 1 f I II ILf ,Ij �, � 'I.l{ - -ii '• i = � 1 �r ai --3AV 4-4 — aNZZ- U I� .I Q4-4 CA I W ® ® 3AV Hlb 49 - � s t Al o ` C11, I "v ■ w 0.ttTIR i ■• I� I � � •� 3AV H'19Z N Jr FLI a ?,. , r O ' 1 1 1 iii L v _ ' if !I " per 1 i Y � � i 1 r �n F t 9 O � R t � r xr I I ILI REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2017-014 HEARING DATE: 10/ 19/17 ACTION DATE: 11 / 16/17 APPLICANT: Pasco School District # 1 1215 W Lewis St Pasco, WA 99301 REQUEST: SPECIAL PERMIT: Location of an Elementary School in an R-1 District. (9 100 Block of Burns Road) IN Legal: That portion of the S '/2 of the SW 'A of section 5, township 9 north, range 29 east, W.M., Franklin County, WA being described as follows: beginning at the SE corner of above said SW 1/4; thence S 89°37'55" W 1,269.48 feet; thence N 01°01'10" E 1,336.68 feet to a point on the northerly line of above said S 1/2; thence N 89°32'38" E along said line 1,269.53 feet to the NE corner of said S 1/2; thence S 01'01'10" W along the easterly line of said SW 1/4 1,338.63 feet to the point of beginning. Together with and subject to easements, reservations, covenants and restrictions of record and in view. General Location: 9100 Block of Burns Road Property Size: Approximately 12.5 acres on a 60 -acre parcel 2. ACCESS: The site is adjacent Burns Road at approximately the 9100 block. 3. UTILITIES: Water and sewer lines will be stubbed into School District property at the southeast corner along Burns Road. The School District will also be responsible for running water and sewer the length of their frontage to Burns Road. 4. LAND USE AND ZONING: The site is zoned R-1 (Low Density Residential) and is being farmed. The property to the north is zoned A -P (Agricultural Production) in the County and is currently being farmed. The property to the west is zoned R-1 and is being developed with the Columbia Terrace subdivision. The property to the east is zoned R-1 and is being farmed. The properties to the south are zoned R-1 and are developed with single- family homes in the Broadmoor Estates subdivision. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site as Low -Density Residential. Goal CF -5 suggests adequate provisions should be made for educational facilities located throughout the urban growth area. Policy CF -S-A encourages the appropriate location and design of schools throughout the community. 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 provision of a traffic study for necessary street improvements in accordance with City standards. The Pasco School District proposes to build an elementary school on a portion of a 60 -acre site composed of one 38.9 -acre parcel owned by the School District and approximately 2 1. 1 acres of another parcel to the east now under contract. The eastern lot and a portion of the western lot are designated for the elementary school. Most of the site to the west is being proposed for a middle school. Pasco currently has fifteen elementary schools, which have been growing in enrollment by an average of over 5% annually since 2000. The fifteen elementary schools have the capacity to serve 7,735 students, but as of August 2017, there were 8,539 students enrolled. The District has had to adjust enrollment by moving students around to different schools and re -assigning grades to different schools in order to accommodate the growth. Mobile classrooms have also been added to virtually every PSD campus even at or near the completion of new schools in order to accommodate growth. With the ongoing growth in population (Pasco's population has more than doubled in size since 2000, at an average annual increase of over 5%) and student enrollment, the School District needs to construct several schools. Elementary school enrollment in Pasco has increased by an average of about 28 new students per school per year for the last two decades. This continued growth in school enrollment will create the need for additional elementary schools. To address part of the need for additional school space the District is proposing to develop the site in question with a 72,000 -square -foot elementary school. The building will have classroom space for 750 students. The site will contain sports fields, public parking, and bus loading off Burns Road. 2 The proposed site is farmland developed with crop circles located along the north side of Burns (formerly Powerline) Road. Burns Road is improved with pavement only. The School District will be responsible for completing all of the street improvements in Burns Road and installing roads along the east and west borders of the site. A signal warrant test may be needed to determine when a signal should be installed at Broadmoor Boulevard and Burns Road. The Regional Transportation Analysis model used by the Regional Council does not include elementary schools in the data used to identify future traffic impacts because elementary schools do not impact the peak hour traffic conditions the way other land uses do. Based on the Institute of Traffic Engineers Trip Generation Manual (8th Ed) an elementary school with 750 students on average can be expected to generate about 967.5 vehicle trips per day. That would amount to $41,602 in traffic impact fees (trips multiplied by $43.00/trip). By comparison, if the site were to develop with single family homes about 1,236.9 daily vehicle trips could be expected. Most of the schools in Pasco including the Pasco High School and Chiawana High School are located in residential zoning districts. An on-line search of the Franklin County Assessors records (2017) revealed that all of the residential properties directly adjacent the existing Franklin STEM Elementary School located at 6010 Road 52 have increased in valued since the school was built by an average of over $55,000 between 2014-2017 (range $27,000-$135,800). The neighborhood has yet to be completed and plans are already underway to further develop the unoccupied land around the school. This provides a good indication that elementary schools do not discourage the development of permitted uses on property in the general vicinity of a school or impair the value thereof. Access to the site will be from a proposed road to be constructed along the east property line of the site and from Burns Road to the south. Both Broadmoor Boulevard and Road 90 feed into Burns Road for local access. School sites typically have at least two means of access for safety reasons and to help diffuse traffic and reduce the impacts of traffic on surrounding residential uses. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. 3 1. The site is located in an R-1 zone. 2. Under the current zoning approximately 202 single-family dwellings could be constructed on the site. 3. Schools are conditional land uses in the R-1 zone and require review through the special permit process prior to permitting for construction. 4. The site is at the northern edge of the Pasco Urban Growth Boundary. 5. The site is within the City limits of Pasco annexed in 2016. 6. The Comprehensive Plan identifies the site for low-density residential uses. 7. Comprehensive Plan Goal CF -5 suggests that adequate provisions should be made for the location of educational facilities throughout the urban growth area. 8. The site is currently being farmed. 9. The west 38.97 acres of the site are owned by the Pasco School District and the remaining approximately 2 1. 1 acres are under contract. 10. Sewer and water utilities will be stubbed to the site. 11. The site is located at the 9100 block Burns Road. 12. Burns Road is not fully improved. 13. All existing elementary schools in Pasco have at least two access routes to and from the schools. 14. City development standards require street and utility (sewer, water, irrigation) improvements to be constructed or installed concurrently with site development. 15. Off-site street improvements include but are not limited to street construction and paving, installation of curb gutter and sidewalk (7' wide), street lights, handicapped ramps, signage, lane striping, street drainage, traffic signals, speed -reduction modifications, and fire hydrants. 16. According to the Institute of Traffic Engineers Trip Generation Manual (8th Ed) a 750 -student middle school will generate about 967.5 vehicle trips per day. 17. If developed with single family homes the site would generate about 1,236.9 vehicle trips per day. 18. A Mitigated Determination of Non -Significance based on the provision of a traffic study for necessary street improvements is likely for this application. 19. Pasco's population has more than doubled since 1997. 20. The Pasco School District enrollment has grown from 8,048 in 1997 to 17,878 in 2016. 21. No sports fielding lighting will be constructed with the proposed elementary school. M CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: I) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The proposed use supports the following plan policies or goals: CF -5 suggests adequate provisions be made for educational facilities throughout the Urban Growth Area. Transportation and Utility policies support city standards that require the extension of streets and utilities in conjunction with development. To be in accord with the Comprehensive Plan the proposed elementary school development would also need to include the development of adjoining streets and utilities. 2) Will the proposed use adversely affect public infrastructure? The location of an elementary school on the proposed site may encourage the development of residential homes to the north of the school site leading to pressure to expand the UGA into areas the School District will help pay for the sewer trunk line in Burns Road. The School District will thereby be helping the City implement the Sewer Comprehensive Plan. The area north of this proposed school is in the Sewer Comprehensive Plan which the City will be servicing. 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 elementary school has been designed to complement the existing and future neighborhood by providing generous yard setbacks, landscaping, screening of mechanical equipment and a pitched roof line to moderate the school's height in keeping with typical pitched roofs of residential homes. Elementary schools are typically located in or near residential neighborhoods and are an accepted part of the character of residential areas. 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 E The construction of schools in residential neighborhoods often encourages development of nearby properties. For example, residential development around the Franklin STEM Elementary School located at 6010 Road 52 progressed after the school was in place. An on-line search of the Franklin County Assessors records (2017) revealed that values of all residential properties located near the existing Franklin STEM Elementary School have increased since the school was built. 5J Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? Experience has shown that schools within Pasco generate few complaints from neighbors. Elementary schools typically are not a source of dust, fumes, vibrations or flashing lights. The proposed school could generate up to 967.5 vehicle trips per day. During weekends, the summer break, and other break periods very little traffic will be generated. Schools have a long history of being accepted in residential neighborhoods. In most communities schools are located in or near residential neighborhoods. A Mitigated Determination of Non - Significance based on the provision of a traffic study for necessary street improvements is likely for this application and any approval should be conditioned upon meeting or accomplishing the recommendations contained within the study. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The elementary school will be constructed to meet all requirements of the International Building Code, the Fire Code, the Plumbing Code, all other construction codes and state regulations pertaining to elementary school construction. The building will be required to have fire -rated corridors, area separation walls, sufficient exiting and fire sprinkler systems to ensure the safety of the public. The construction of sidewalks and street improvements will address traffic safety issues. M Approval Conditions 1. The special permit shall apply to Franklin County Assessor's Parcel No. 115170085, approximately 21.1 acres of parcel 115170068, and any subdivisions thereof. 2. The elementary school site shall be developed in substantial conformity with the site plan and building elevations submitted with the special permit application. Nothing herein prohibits the School District from adding four additional classrooms to the school building or placing portable classrooms on the site. 3. Burns Road abutting the School District property and the property currently under contract (Franklin County Assessor's Parcel No. 115170085 and approximately 21.1 acres of parcel 115170068 existing as of September 25, 2017) shall be improved to arterial street standards meeting construction standards of the City. Improvements shall include but not be limited to curb, gutter, sidewalk and street lighting along the school side of the street. 4. Sidewalks in the Burns Road right-of-way shall be 5 feet wide and located along the property line rather than the curb line. 5. The planting strip between the Burns Road curb and the offset sidewalk must be planted in lawn and trees planted at 50 -foot intervals. The landscape and irrigation plan must be approved by the Administrative and Community Services Department prior to installation. 6. No on -street parking or bus staging will be permitted on or adjacent to Burns Road or the proposed road along the western property line. 7. All costs associated with speed reduction/ modification including but not limited to flashing lights, signage, pedestrian sensors, safety and crosswalks shall be paid for by the School District. 8. All street/roadway signage abutting the property is to be provided by the School District and must conform to the most current MUTCD & City of Pasco Construction Standards. 9. A Mitigated Determination of Non -Significance based on the provision of a traffic study for necessary street improvements has been issued for this project. 10. The School District shall construct all necessary improvements and accommodations for pedestrian school routes along Burns Road and the proposed road along the western property line as required and identified in the traffic study. 11. No mid -block crosswalks will be permitted on Burns Road or the proposed road along the western property line. 7 12. The School District shall prepare a dust control mitigation plan to be submitted with the building permit application. 13. The School District shall install a 16 inch irrigation line along the length of the school site in Burns Road. 14. The School District shall dedicate the south 40 feet of the site for the Burns Road right-of-way. 15. The School District shall dedicate the west 60 feet of the site for future road right-of-way. 16. No sports field light shall be permitted. 17. Water rights associated with site must be dedicated to the City prior to the issuance of a building permit. 18. The special permit shall be null and void if a building permit has not been obtained by December 2020. RECOMMENDATION MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the November 16, 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 Pasco School District # 1 for the location of an elementary school at the 9100 block of Burns Road with conditions as contained in the November 16, 2017 staff report. 0 r � W�(n o a h? rt Q a mn o x O w 2 O 300 L rtt V 0 a +-� LL O N Q- U 0 N 7� ani u LU CL 71F �� \ / � E o 0 , _ / 0 / \ ) _ C3 ± ® R( ± 7 d )\E 2 f E CD 2 � \ � 71F �� W i O U_ I V 1 r1 O O O p � oi Colo ct Ct { O W Z N O O U Ct c O ct 0 0.i N U ct U � N N � � r� _ ..---- j ----I %I. • NEI • _NMI mm • j .Sol NONNI ME ' ,,,1,I milli _ • t SINS ., INS ,,,,,,I 401 z 0'004 P 0 W= PM REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2017-015 HEARING DATE: 10/ 19/17 ACTION DATE: 11/ 16/17 APPLICANT: Pasco School District # 1 1215 W Lewis St Pasco, WA 99301 REQUEST: SPECIAL PERMIT: Location of a Middle School in an R-1 District. (9300 Block of Burns Road) 1. PROPERTY DESCRIPTION: Legal: That portion of the S 1/2 of the SW 1/4 of section 5, township 9 north, range 29 east, W.M., Franklin County, WA being described as follows: beginning at the SE corner of above said SW 1/4; thence S 89°37'55" W 1,269.48 feet; thence N 01°01'10" E 1,336.68 feet to a point on the northerly line of above said S 1/2; thence N 89°32'38" E along said line 1,269.53 feet to the NE corner of said S 1/2; thence S 01°01'10" W along the easterly line of said SW 1/4 1,338.63 feet to the point of beginning. Together with and subject to easements, reservations, covenants and restrictions of record and in view. General Location: 9300 Block of Burns Road Property Size: Approximately 60 acres 2. ACCESS: The site is adjacent Burns Road at approximately the 9300 block. 3. UTILITIES: Water and sewer lines will be stubbed into School District property at the southeast corner along Burns Road. The School District will also be responsible for running water and sewer the length of their frontage of Burns Road. 4. LAND USE AND ZONING: The site is zoned R-1 (Low Density Residential) and is being farmed. The property to the north is zoned A -P (Agricultural Production) in the County and is currently being farmed. The property to the west is zoned R-1 and is being developed with the Columbia Terrace subdivision. The property to the east is zoned R-1 and is being farmed. The properties to the south are zoned R-1 and are developed with single- family homes in the Broadmoor Estates subdivision. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site as Low -Density Residential. Goal CF -5 suggests adequate provisions should be made for educational facilities located throughout the urban growth area. Policy CF -S-A encourages the appropriate location and design of schools throughout the community. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. A Mitigated Determination of Non -Significance was issued requiring a traffic study for necessary street improvements (WAC 197-11-355). The Pasco School District proposes to build a middle school on a site recently annexed into the City (2016: Ordinance 4238), composed of one 38.9 -acre parcel owned by the School District and approximately 21.1 acres of another parcel to the east now under contract, all totaling 60 acres. The western lot and a portion of the eastern lot are designated for the middle school. An elementary school is being proposed for the remaining portion of the site to the east. Pasco currently has three middle schools, which have been growing in enrollment by an average of over 4% annually since 2000. The district has had to adjust enrollment by moving students around to different schools and re- assigning grades to different schools in order to accommodate the growth. Mobile classrooms have also been added to virtually every PSD campus—in some cases right upon completion of new schools—in order to accommodate growth. With the ongoing growth in population (Pasco's population has more than doubled in size since 2000, at an average annual increase of over 5%) and student enrollment, the School District needs to construct several schools. Middle school enrollment in Pasco has increased by an average of about 125 new students per year for the last two decades. This continued growth in school enrollment will create the need for additional middle schools. To address part of the need for additional school space the District is proposing to develop the site in question with a 115,000 -square -foot middle school similar to Ellen Ochoa Middle School. The building will have classroom space for 1,100 students. The site will contain sports fields, public parking, and bus loading off a future road to be built west of the site. The proposed site is farmland developed with crop circles located along the north side of Burns (formerly Powerline) Road. Burns Road is improved with pavement only. The School District will be responsible for completing all of the street improvements in Burns Road and installing roads along the east and west borders of the site. 2 A signal warrant test may be needed to determine when a signal should be installed at Broadmoor Boulevard and Burns Road. The Regional Transportation Analysis model used by the Regional Council does not include middle schools in the data used to identify future traffic impacts because middle schools do not impact the peak hour traffic conditions the way other land uses do. Based on the Institute of Traffic Engineers Trip Generation Manual (8th Ed) a middle school with 1,100 students on average can be expected to generate about 1,782 vehicle trips per day. That would amount to $76,626 in traffic impact fees (trips multiplied by $43.00/trip). By comparison, if the site were to develop with single family homes about 1,236.9 daily vehicle trips could be expected. Most of the schools in Pasco including Pasco and Chiawana High Schools are located in residential zoning districts. An on-line search of the Franklin County Assessors records (2017) revealed that all of the residential properties directly adjacent the existing Ellen Ochoa Middle School have increased in valued since the school was built by an average of over $24,000 between 2014-2017 (range $8,100-$35,600). The Ellen Ochoa neighborhood was not fully developed until after the school was built. This provides a good indication that middle schools do not discourage the development of permitted uses on property in the general vicinity of a school or impair the value thereof. Access to the site will be from a proposed road to be constructed along the west property line of the site and from Burns Road to the south. Both Broadmoor Boulevard and Road 90 feed into Burns Road for local access. School sites typically have at least two means of access for safety reasons and to help diffuse traffic and reduce the impacts of traffic on surrounding residential uses. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. 1. The site is located in an R-1 zone. 2. Under the current zoning approximately 202 single-family dwellings could be constructed on the site. 3. Schools are conditional land uses in the R-1 zone and require review through the special permit process prior to permitting for construction. 4. The site is at the northern edge of the Pasco Urban Growth Boundary. 5. The site was annexed into the City in 2016 (Ordinance 4238) and is now within the City limits of Pasco. 3 6. The Comprehensive Plan identifies the site for low-density residential uses. 7. Comprehensive Plan Goal CF -5 suggests that adequate provisions should be made for the location of educational facilities throughout the urban growth area. 8. The site is currently being farmed. 9. The west 38.97 acres of the site are owned by the Pasco School District and the remaining approximately 2 1. 1 acres are under contract. 10. Sewer and water utilities will be stubbed to the site. 11. The site is located at the 9300 block Burns Road. 12. Burns Road is not fully improved. 13. All existing middle schools in Pasco have at least two access routes to and from the schools. 14. City development standards require street and utility (sewer, water, irrigation) improvements to be constructed or installed concurrently with site development. 15. Off-site street improvements include but are not limited to street construction and paving, installation of curb gutter and sidewalk (7' wide), street lights, handicapped ramps, signage, lane striping, street drainage, traffic signals, speed -reduction modifications, and fire hydrants. 16. According to the Institute of Traffic Engineers Trip Generation Manual (8th Ed) a 1,100 -student middle school will generate about 1,782 vehicle trips per day. 17. If developed with single family homes the site would generate about 1,236.9 vehicle trips per day. 18. A Mitigated Determination of Non -Significance was issued for this project requiring a traffic study for necessary street improvements. 19. Pasco's population has more than doubled since 1997. 20. The Pasco School District enrollment has grown from 8,048 in 1997 to 17,878 in 2016. 21. Residential development near the existing Ellen Ochoa Middle School indicates middle schools do not negatively impact the value of surrounding homes or the intended development of residential neighborhoods. 22. No sports fielding lighting will be constructed with the proposed middle school. Cl CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The proposed use supports the following plan policies or goals: CF -5 suggests adequate provisions be made for educational facilities throughout the Urban Growth Area. Transportation and Utility policies support city standards that require the extension of streets and utilities in conjunction with development. To be in accord with the Comprehensive Plan the proposed middle school development would also need to include the development of adjoining streets and utilities. 2) Will the proposed use adversely affect public infrastructure? The location of a middle school on the proposed site may encourage the development of residential homes to the north of the school site leading to pressure to expand the UGA into areas the School District will help pay for the sewer trunk line in Burns Road. The School District will thereby be helping the City implement the Sewer Comprehensive Plan. The area north of this proposed school is in the Sewer Comprehensive Plan which the City will be servicing. 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 middle school has been designed to complement the existing and future neighborhood by providing generous yard setbacks, landscaping, screening of mechanical equipment and a pitched roof line to moderate the school's height in keeping with typical pitched roofs of residential homes. Middle schools are typically located in or near residential neighborhoods and are an accepted part of the character of residential areas. 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 construction of schools in residential neighborhoods often encourages development of nearby properties. Residential development 5 around the Ellen Ochoa School located north of Lewis Street in east Pasco was not completed until after the school was in place. An on-line search of the Franklin County Assessors records (2017) revealed that values of all residential properties located near the existing Ellen Ochoa Middle School have increased since the school was built. 5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? Experience has shown that schools within Pasco generate few complaints from neighbors. Schools have a long history of being accepted in residential neighborhoods. In most communities schools, including middle schools, are located in or near residential neighborhoods. Middle schools typically are not a source of dust, fumes, vibrations or flashing lights. The proposed school could generate up to 1,782 vehicle trips per day. During weekends, the summer break, and other break periods very little traffic will be generated. A Mitigated Determination of Non -Significance based on the provision of a traffic study for necessary street improvements is likely for this application, and any approval should be conditioned upon meeting or accomplishing the recommendations contained within the study. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The middle school will be constructed to meet all requirements of the International Building Code, the Fire Code, the Plumbing Code, all other construction codes and state regulations pertaining to middle school construction. The building will be required to have fire -rated corridors, area separation walls, sufficient exiting and fire sprinkler systems to ensure the safety of the public. The construction of sidewalks and street improvements will address traffic safety issues. Proposed Approval Conditions 1. The special permit shall apply to Franklin County Assessor's Parcel No. 115170085, approximately the west 21.1 acres of parcel 115170068, and any future consolidations or subdivisions thereof. 2. The middle school site shall be developed in substantial conformity with the site plan and building elevations submitted with the special permit application. Nothing herein prohibits the School 0 District from adding four additional classrooms to the school building or placing portable classrooms on the site. 3. Burns Road abutting the School District property and the property currently under contract (Franklin County Assessor's Parcel No. 115170085 and approximately the west 21.1 acres of parcel 115170068 existing as of September 25, 2017) shall be improved to arterial street standards meeting construction standards of the City. Improvements shall include but not be limited to curb, gutter, sidewalk and street lighting along the school side of the street. 4. Sidewalks in the Burns Road right-of-way shall be 5 feet wide and located along the property line rather than the curb line. 5. The planting strip between the Burns Road curb and the offset sidewalk must be planted in lawn and trees planted at 50 -foot intervals. The landscape and irrigation plan must be approved by the Administrative and Community Services Department prior to installation. 6. No on -street parking or bus staging will be permitted on or adjacent to Burns Road or the proposed road along the western property line. 7. All costs associated with speed reduction/ modification including but not limited to flashing lights, signage, pedestrian sensors, safety and crosswalks shall be paid for by the School District. 8. A traffic study shall be conducted for necessary street improvements, and any approval shall be conditioned upon meeting or accomplishing the recommendations contained within the study, as per the MDNS. 9. All street/roadway signage abutting the property is to be provided by the School District and must conform to the most current MUTCD & City of Pasco Construction Standards. 10. The School District shall construct all necessary improvements and accommodations for pedestrian school routes along Burns Road and the proposed road along the western property line. 11. No mid -block crosswalks will be permitted on Burns Road or the proposed road along the western property line. 12. The School District shall prepare a dust control mitigation plan to be submitted with the building permit application. 13. The School District shall install a 16 inch irrigation line along the length of the school site in Burns Road. 14. The School District shall dedicate the south 40 feet of the site for the Burns Road right-of-way. 15. The School District shall dedicate the west 60 feet of the site for future road right-of-way. 16. No sports field light shall be permitted. 17. Water rights associated with site must be dedicated to the City prior to the issuance of a building permit. 7 18. The special permit shall be null and void if a building permit has not been obtained by December 2020. RECOMMENDATION MOTION: I move to adopt findings of fact and conclusions therefrom as contained in the November 16, 2017 staff report. MOTION: I move, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council grant a special permit for the location of a Middle School at the 9300 Block of Burns Road (Parcel 115170085 and the west approximately 21.1 acres of parcel 115170068) with conditions as listed in the November 16, 2017 staff report. E] P' J w._ Z N I. y C WESTMORLA SOMERSET �p 06 a1 V1 , F d � _ J . 3 fl/JW H , b/. Y�e. AaLN3AQ3. V V] ® wo CA Cd P�� Q t Q C ♦(/,qi CD O cV L C v+ m 10 3NM0O ^ N i ct N_laNVIaIW ra NOA3a '- {,. 44 •R" 91 NIa3 3X3 .,—i 0cr 8 f LL _ mdD OFA • j •� PAP ol PFA VIA , • �■ii II_ . 1�■■iI . �■■I vi ' IIIIIII �I�IIIII �•• � �•�.m• ' �� H •��.m+�,� •'�*�F vIN'oava'wieanoswnre ^ O o y m Q wy•�•• te^'� •��$� "aNam 4OOnJ.2W9 a — — — — — — — — — — -- — — — I a 1 � ----------'"----------I F= 2C) REPORT TO PLANNING COMMISSION MASTER FILE NO: MF# SP 2017-016 APPLICANT: Maria Avila HEARING DATE: 10/ 19/17 2612 Glendive St. ACTION DATE: 11/16/17 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a Beauty and Barber School in a C-1 Zone 1. PROPERTY DESCRIPTION: Legal: Sylvesters 2nd Addition Lots 22 3/4 & 23 BLK 12 General Location: 746 West Court Street, Suite B Property Size: 7,896 square feet 2. ACCESS: Access to the site is available from West Court Street and North 7th Avenue. 3. UTILITIES: The property is served by utilities located in Court Street. 4. LAND USE AND ZONING: The site is zoned C-1 (Retail Business) Residential) and developed with two commercial -use buildings. Surrounding properties are zoned and developed as follows: NORTH: O, C-1, & R-3 -Office, commercial, and multi -family dwelling units SOUTH: R-1 -Duplex and SFDUs EAST: C-1 -Commercial WEST: O -Office 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for commercial development. Goal CF -5 suggests adequate provisions should be made for educational facilities located throughout the urban growth area. Policy CF -S-A encourages the appropriate location and design of schools throughout the community. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non -Significance (DNS) has been issued for this project under WAC 197- 11-158. ANALYSIS Maria Avila is seeking a Special Permit to relocate her existing beauty school from 915 West Court Street to a commercial building just on the other side of the street to the east at 746 West Court Street. The applicant had received a Special Permit for locating the beauty school at the former address in 2016, but is seeking to relocate to the latter address to better serve her visitors' parking needs. There is no specific zoning for beauty schools; however the code does make provision for schools/ educational facilities in the community through the special permit process. Beauty schools have been permitted within the City in the past and licensed as private schools. Within the proposed location is an existing barber shop which has operated since 2013; it is expected that both the barber shop and beauty school will share the 1,600 -square foot building. Training will be provided for approximately six students or less at a time. The outward appearance of the existing building in which the applicant intends to locate will not change with the proposed beauty school. Parking has always been limited at this location but the barber shop has been able to function for four years because most of their services are provided by appointment. Currently, there are five off-street parking stalls including an ADA parking stall; however, with the addition of several students, parking could become a larger issue. The PMC requires at least eleven parking spaces for a building this size. One option potentially available to the applicant is to borrow parking from the Tri -Cities Community Health's 77 -space parking lot to the southwest. The Tri -Cities Health office building requires at least 73 dedicated spaces, so the four additional spaces could be used to fulfill most of the beauty school's remaining student parking. However, even in this situation, the building would still be short two spaces. The Planning Commission should note that parking is likely to occur on N 7f Ave and should also note that the development pattern along Court Street presents a parking problem for almost all land uses. Absent complete revitalization of this neighborhood indicates parking is likely to always be problematic. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. 1. The site is located in a C-1 zone. 2 2. The applicant had received a Special Permit for locating a beauty school at 915 W Court St in 2016, but is seeking to relocate the school to 746 W Court St, Suite B to better serve her visitors' parking needs. 3. Beauty schools have been permitted within the City in the past and licensed as private schools. 4. Within the proposed location is an existing barber shop which has operated since 2013; both the barber shop and beauty school will share the 1,600 -square foot building. 5. The outward appearance of the existing building in which the applicant intends to locate will not change with the proposed beauty school. 6. Training will be provided for approximately six students or less at a time. 7. There are five off-street parking stalls including an ADA parking stall, but the PMC requires at least eleven parking spaces for a building this size. 8. The proposed beauty school could potentially borrow four parking spaces from the Tri -Cities Health's parking lot located to the southwest, but two more spaces would still be required. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The proposed use is supported by Plan goals CF -5 which suggests adequate provisions be made for educational facilities throughout the Urban Growth Area. 2) Will the proposed use adversely affect public infrastructure? Public streets and utilities are in place to serve the property. Demands on infrastructure will not change with the addition of the beauty school in the existing building. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? 91 Lupita's Beauty School has operated at 915 W Court Street since 2016 and its proposed new location is very close by. The operation of the existing barber shop and its outward appearance in this location will not change. 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 height and footprint of the building will not change with the location of the beauty school. The properties around the site have already been developed with commercial, office, and residential uses. 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? Nothing will change on the site to cause noise, dust, and other activities that would be objectionable to neighboring properties. 5) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The beauty school in its current location is not a public health and safety concern. It can be presumed that after the relocation the beauty school would not create new health and safety concerns for the neighborhood. Approval Conditions 1. The special permit shall apply to Parcel # 112151109. 2. The number of students shall be limited to six at any one time on the site. 3. The special permit shall be null and void if all necessary licenses have not been obtained by October 1, 2018. 2 MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the November 16, 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 Maria Avila for the location of a beauty and barber school at 746 West Court Street, Suite B, with conditions as contained in the November 16, 2017 staff report. 5 zQ a� .2 m o O U O L c ct o •- a O w Duplex ct `�' • N 7th Ave U a c .. ,U 4t F I (J) CO L o O _ O L O LL N W E U SFDU Z E �j N 8th Ave c� a SFDUs 0 zQ V 0 0 U }, U) Cl) cz O � >m ' c 4--� . •Ct 0 � W � a cz F •� N 7th Ave a� c _U •• 4-0a� U) 0 C) LL NC) N O V N 8th Ave O o �1 INS c-� I.L 0 4w I F u i i p � _ a , tj 1 skt r 4rpr t ■ P" P r••a REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 2017-006 APPLICANT: Chad Bettersworth HEARING DATE: 10/19/2017 210 SW Wilson Ave ACTION DATE: 11/16/2017 Suite 100 Bend, OR 97702 BACKGROUND REQUEST: REZONE: Rezone from RT (Residential Transition) to R-1 (Low - Density Residential) 1. PROPERTY DESCRIPTION: Legal: Farm Unit 84, Irrigation Block 1 General Location: At the southwest corner of Burns Road and Dent Road Property Size: Approximately 144 acres. 2. ACCESS: The parcel is accessible from Burns Road. 3. UTILITIES: Municipal water service is available in Burns Road. The Comprehensive Sewer Plan calls for the location of a trunk line running north from Harris Road to Burns Road east of the rezone site. Construction on the line is to begin in the fall of 2018. 4. LAND USE AND ZONING: The lot is currently zoned RT (Retail Business) and is vacant. Surrounding properties are zoned and developed as follows: NORTH: RS — 20 Single Family Homes (County) SOUTH: RT — Gravel Pit and Ready Mix Plant EAST: RT — Vacant WEST: RT — Orchard and Farm Fields (County) 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates a majority of the site for low-density residential uses. The southern 15 acres of the site is designated for mixed residential/ commercial uses. Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community including single-family housing 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the process of completing the Draft Broadmoor Area Non -Project Environmental Impact Statement which covers the entire proposed rezone area. The Draft considers low density residential development on the rezone site with lots ranging from 5,000 square feet to 7,000 square feet. The City of Pasco is the lead agency and has issued a Determination of Significance. 1 ANALYSIS The site has been designated for low-density residential development since 1982 but, was not zoned until it was annexed in 998. Upon annexation the property was zone RT (Residential Transition) and continued to be farmed. The RT zone is intended to be assigned to areas of the community that are essentially undeveloped but intended for residential development. The low-density classification as described in the Comprehensive Plan permits the development of two to five dwelling units per acre. Zoning options under the low-density designation include R-1 through RS -20. The applicant is seeking R-1 zoning and is planning on developing a residential neighborhood with common open/green space as -well -as a community recreation area. If the development unfolds as planned the build out density will be just over 3 units per acre. If the common green areas are eliminated density will be just over 4 units per acre. The Three Rivers Crossing development for example, north of Sandifur Parkway, was developed with 4 units per acre. Surrounding properties to the north are being developed in the County on half acre lots because there is not service available. Burns Road provides a transition area between the larger lots to the north and the proposed lots that could be developed under R-1 zoning. The applicant's request is consistent with the low- density designation of the Comprehensive Plan. It is also consistent with the draft of the Broadmoor Area Plan that calls for smaller single-family lots. The current Broadmoor Area planning effort is an extension and refinement of the Planning Commission's 2009 planning effort for 1,800 acres located west of Broadmoor Boulevard and north of I-182. The current planning effort has refined land use designations and major transportation corridors through the planning area. The plan contains a mix of residential, multi -family, commercial, recreational and civic uses. The plan will encourage a trail system, a mix of single- family lot sizes along with design standards similar to the current I-182 standards for commercial development. The plan will also include modest design standards for residential development. The proposed rezone site is located within an area identified in the Broadmoor Area Plan for residential development. The Broadmoor Plan encourages smaller single-family lot sizes (5,000-7,000 square feet) along with a trail network connecting to parks. The applicants rezone proposal includes a variety of lots meeting the R-1 standards along with a trail system and open green areas. It is unclear if any specific residential design standards will be incorporated into the development. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: F] 1. The date the existing zone became effective: The current zoning classification was established in 1998 when the property was annexed to the City. The RT zoning was only intended until more definitive plans were developed for the property and until utilities became available. 2. The changed conditions, which are alleged to warrant other or additional zoning: The property was annexed in 1998 and since that time Burns Road has been constructed connecting the property to Broadmoor Boulevard to the east. A 16 inch water line has been located in Burns Road and parallels the north boundary of the proposed rezone site. The owner of the property has been participating with the City in the preparation of the Broadmoor Area Plan that suggests single- family lots in this portion of the consistent with the R-1 densities. The Comprehensive Sewer Plan was also updated in the past few years ago to identify were the trunk sewer lines will generally be located to serve the Broadmoor Area and other areas to the north. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. The rezone will lead to the creation of another residential neighborhood providing housing opportunities for Pasco residents. The creation of another residential neighborhood in the area will improve water flow through the 16 inch water main in Burns Road eliminating concerns water stagnation due to lower flows. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: A change in zoning classification will ultimately result in the establishment of a single-family residential neighborhood consistent with the Comprehensive Plan. The rezone may improve the value of commercial property near the Road 100 Interchange and will have minimal to no impact on current and future residential development in the area. 5. The effect on the property owner or owners if the request is not granted: Without transitioning the site to residential zoning the development potential of the site will be limited. Future site planning cannot move forward without knowing what the zoning will be. 3 STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is being farmed and contains on farm house. 2. The site was annexed in 1998. 3. The site contains 144 acres. 4. The site is currently zoned RT (Residential Transition). 5. Properties to the south, east and west are zone RT. 6. Properties to the north are zoned RS -20. 7. The site is located on Burns Road. 8. The American Rock gravel pit is located to the south. 9. The applicant is requesting R-1 (Low -Density Residential) zoning. 10. The Comprehensive Plan identifies the site for Low -Density -Residential uses which includes R-1 zoning. 11. The City is currently working with property owners in the Broadmoor Area west of Broadmoor Boulevard to finalize refined development plan for the area. 12. A 16 -inch water line is located in Burns Road. 13. The Comprehensive Sewer Plan identifies generally how the site can be served by municipal sewer system. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with the Comprehensive Plan Land Use Map and several Plan policies and goals. H -2 -A suggests the City permit a full range of residential environments. Housing Policy (H -BA) encourages standards that 0 control the scale and density of accessory buildings and homes to maintain compatibility with other residential uses. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The immediate area is shown in the Comprehensive Plan and the proposed Broadmoor Area Plan to an area for low-density residential development with densities permitted by R-1 zoning. Proposed rezone is consistent with the referenced plans and will not be detrimental to future nearby develops that will need to conform to the provision of the plans. 3. There is merit and value in the proposal for the community as a whole. There is merit in developing vacant parcels within the City in accordance with the goals and policies contained in the Comprehensive Plan. The proposed zoning is consistent with the Plan's Land Use Map. Providing an increased range of housing opportunities benefits the community as a whole. Additionally locating housing in areas served by major water lines and will enable efficient use of capital resources. The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The Broadmoor Area Plan includes design standards for residential and commercial development. The rezone should be conditioned so that all housing within the rezone area will be consistent with the Broadmoor Plan residential design standards. 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 ensure residential development within the rezone site will be consistent with the design standards that will apply to the overall Broadmoor Plan area. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the November 16, 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 Farm Unit 84, Irrigation Block 1 from R -T to R-1 5 --, 74 1 Z l' y !'I i✓O i sl!wll 40 / p � o - 0 t, 4. O O MM� 4 N v t�• � N !'I i✓O i sl!wll 40 7 r �r / p � o - 7 r �r Item: Rezone from RT to R-1 " Vicinity Applicant: Chad Bettersworth W E Map File #: Z 2017-006 s wBLA�KFOOT DR_ -+ `i LAG E TDR_1nitts L, Yr E _A U im -4 Item: Rezone from RT to R-1 Land Use Applicant: Chad Bettersworth W E Map File #: Z 2017-006 S Farming (County) FDUs (County Mineral Extraction Farming /Vacant Item: Rezone from RT to R-1 " Zoning Applicant: Chad Bettersworth W E Map File #: Z 2017-006 s 42 E J U R -T (County) RS -20 (Coun SITE RT b" OIL. I -`� oll I I � 1 It MASTER FILE NO HEARING DATE: ACTION DATE: REPORT TO PLANNING COMMISSION SP 2017-019 APPLICANT: 2011 Commercial Ave. LLC 11/16/2017 2021 Commercial Ave 12/21/2017 Pasco, WA 99301 REQUEST: SPECIAL PERMIT: Basin Disposal Incorporated (BDI) Transfer Station in an I-1 Zone 1. PROPERTY DESCRIPTION: Legal: Parcel 2 of Lotl1, Binding Site Plan 2011-03 General Location: SW corner of Ventura Rd and the PK Highway Property Size: 19.44 Acres 2. ACCESS: The site will have access from Holland Street which will be built in conjunction with the transfer station. Holland will connect to Commercial Avenue and Garland Street. 3. UTILITIES: Municipal utilities are currently located in Commercial Avenue and Garland Street. They will be extended in Holland Street in conjunction with construction of the transfer station. 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 Trucking SOUTH: I-1 - Agriculture and Trucking EAST: I-1 - Agriculture WEST: I-1 - BDI Facilities and Offices and Trucking 5. COMPREHENSIVE PLAN: The plan includes County Planning Policy # 4 dealing with essential public facilities such as solid waste facilities. County Planning Policy # 4 states that no local comprehensive plan or development regulation shall preclude the siting of essential public facilities. The proposed solid waste transfer station falls within the definition of an essential facility. The County Integrated Solid Waste Plan states the County has established a goal of safely and cost-effectively transporting waste over a 20 year planning period. The Solid Waste Plan also recommends no additional Transfer Station need to be built between 2010 and 2030. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public 1 hearing for this project. A Determination of Non -Significance or Mitigated Determination of Non -Significance is likely for this application (WAC 197-11- 355). ANALYSIS The current BDI Transfer Station at 1721 Dietrich Road opened in 1992. At the time the existing transfer station was constructed Franklin County had a population of 39,200. Today the County population is estimated to be 90,330. BDI not only serves communities within Franklin County but, also provides solid waste collection and disposal service for communities in surround counties including West Richland, Benton City, and parts of Richland. Except for some minor building improvements the BDI Transfer Station on Dietrich Road has remained essentially the same since it was constructed in the 1990's. Not only has the population grown within the region but so have commercial and industrial enterprises. In 1992 BDI delivered 52,000 tons of solid waste to the current transfer station. Last year 168,000 tons of waste was delivered. The Washington State Office of Financial Management estimated in 2012 Franklin County's population could grow to 146,000 by 2035 (A new population projection is being prepared that might reduce the growth rate slightly. OFM has not made the new estimate available yet.) Solid waste transfer stations play an important role in providing garbage disposal within the community. There is no longer a traditional garbage dump in Pasco. Refuse is collected from homes and businesses and then taken to the BDI Transfer Station where it is loaded into large semi -trailers and hauled to a regional land fill near Boardman, Oregon. Transfer Stations are a critical component in addressing health and hygiene within the City. Seven or eight years ago the BDI Transfer Station and two other functions of BDI (container rentals and recycling) were spun off into a separate LLC. Columbia Basin LLC now operates the transfer station and BDI operates the garbage collection service. To address current and future garbage disposal needs BDI is planning on constructing a new and larger transfer station adjacent to their main office and operations center on Commercial Avenue. The new transfer station will include a 25,600 square foot building to load garbage into semi -trailers for transport to the regional land fill along with a trailer storage area and an equipment laydown yard. The site will be twice as large as the current facility on Dietrich Road. The proposed transfer station will create economies of scale and operational efficiencies by being adjacent to truck storage areas, fueling systems and repair and maintenance facilities. It will also eliminate confusion and delays with the N current arrangement where a mix of BDI garbage trucks, home owners and contractors are all dumping in the same area. The proposed facility will enable BDI to control their own hours and flow of solid waste. The proposed transfer station building will be an efficient drive through building with walls along the east and west sides to better contain blowing papers and debris. The new building may also be better suited for waste separation for future recycling. The site of the proposed transfer station has been identified in the Comprehensive Plan for industrial uses for over 35 years. The site has also been zoned for industrial activities for about 35 years. Surrounding and nearby uses include numerous trucking related businesses, farming, agricultural processing, the current transfer station an industrial pipe supplier, the Oxarc facility and other related industrial facilities. Unlike the Waste Management transfer station at the corner of Ely and 27th in Kennewick which is located next to a residential neighborhood, the proposed station is adjacent to industrial properties only. The site is located conveniently to the Lewis Street Interchange and Highway 12 which provides the main transportation link to and from communities in Benton, Franklin and Walla Walla Counties. The current Franklin County Integrated Solid Waste Management Plan (2010) recommends that no new transfer station be built during the planning period 2010 to 2030). The City's Comprehensive Plan is required by law to be periodically updated every seven years. The Solid Waste Management Plan is almost eight years old and has not been updated as required by RCW 70.95. The Solid Waste Management Plan was based on a 2030 population projection of 94,324 people. The current OFM estimate for Franklin County is 90,330. The 2030 OFM mid-range population projection for Franklin County is 130,284. The Solid Waste Management Plan also recommends the County should continue to export solid waste to the landfill in Morrow County, Oregon. To continue to export solid waste to a regional landfill the community must rely on solid waste transfer stations for garbage disposal. As the City and County are in the process of updating the required GMA plans to reflect updated population projections and increased development it appears the County Solid Waste Plan also needs to be updated. ki 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 19.44 acres. 2. The site is zoned I-1 (Light Industrial). 3. All surrounding properties are zone I-1. 4. The proposed site is located adjacent to the main operational center of BDI. The BDI operational center contains administrative offices, truck fueling facilities, truck maintenance buildings, slide off dumpsters storage and other features. 5. Locating the proposed solid waste transfer station adjacent to the existing BDI operational center will enabled BDI to increase operational efficiencies that could be beneficial for rate payers. 6. The site is located near the Lewis Street interchange providing convenient access to communities in Franklin County and surrounding counties three county area. 7. There is an existing solid waste transfer station located at 1721 Dietrich Rd, 1.25 miles to the east of the proposed transfer station site. 8. The Franklin County Solid Waste Management Plan expired in 2015 and has not been updated as required by State law. Currently that Plan identifies one solid waste transfer station to serve Franklin County until 2030. 9. The Franklin County Solid Waste Plan indicates the current transfer station has a capacity of handling 1,200 tons of waste per day. BDI is currently delivering 646 tons per day to the existing transfer station. 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? 0 The Comprehensive Plan is consistent with the GMA that states no local regulation or comprehensive plan shall preclude the sitting of essential public facilities such as a solid waste transfer station. The County Solid Waste Plan recommends the community continue to export solid waste to a regional landfill in Morrow County, Oregon. This will require continued and heavier reliance on updated and more efficient solid waste transfer stations. The County Solid Waste Plan also recommends that no new transfer stations should be but during the 2010 to 2030 planning period. The plan however is eight years old and in need of updating. (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 and streets are near the site and will be extended with construction of the facility. The nearby Lewis Street Interchange was designed for industrial traffic and is currently utilized by the BDI fleet of trucks, the carrot plant trucks and other agricultural related facilities. (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 transfer station is similar to the solid waste facilities that formerly operated in the neighborhood. The site is located adjacent to the main BDI operational center where garbage trucks are stored, repaired and maintained and where roll off garbage containers are stored. BDI also operates a portable toilet company adjacent to the proposed transfer station site. The current BDI operations and surrounding trucking firms make extensive use of their lots for outdoor storage of trucks, equipment, 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? The existing transfer station on Dietrich Road has not discouraged the development of surrounding properties that developed after the transfer station was built. The proposed transfer station building will be no taller than the existing BDI shop building on the adjacent property. (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? 5 The operations of the proposed transfer station will be similar to the activities of the adjacent BDI operations center, the agricultural storage sheds that generate odors and the operation of nearby trucking firms that create traffic, dust, vibrations, and fumes. (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? BDI is proposing to locate the solid waste transfer station directly to the east and adjacent to their main offices and operations center. The design of the proposed building may be more efficient in controlling odors than the design of the existing transfer station on Dietrich Road. The existing transfer station has not become a nuisance to surrounding uses and has not discouraged the development of surrounding properties. APPROVAL CONDITIONS 1. The special permit shall apply to Franklin County Tax Parcel # 113720139, being Parcel 3 of former Lott 1, Binding Site Plan 2011-03; 2. The transfer of solid waste shall occur within a building with at least two side walls; 3. The site must be developed in general conformance with the site plan submitted with this special permit application; 4. The applicant shall employ best available management practices to control dust and or litter generated by the operation of the transfer station. 5. No outdoor dumping or storage of solid waste is permitted. 6. All streets adjoining the site must be improved to City standards with the requisite utility infrastructure in conjunction with the construction of the transfer station. 7. The special shall be null and void if a building permit has not been obtained by December 31, 2019. RECOMMENDATION Due to the outdated nature of the current Franklin County Solid Waste Plan (Section 7.4 of the plan is attached) there a number of issues that need to be sorted out before the Planning Commission can make a reasoned decision on the matter. In addition to the Solid Waste Plan essentially being expired and R the population projection being wildly inaccurate there are questions about the method of determining the daily tonnage estimates to be delivered to the transfer station. Staff recommends the hearing be continued one month. MOTION: I move to continue the hearing on the proposed solid waste transfer station to the December 21, 2017 Planning Commission meeting. 7 �- R Item: Waste Transfer Station " V'Clnity Applicant:2022 Commercial Ave LLQ E Map File #: Z 2017-019 S �aav�a�e t1 TCS- T i SITE 0 75 150,225 300 375 Feet Item: Waste Transfer Station " Land Use Applicant:2022 Commercial Ave LLQ E Map File #: Z 2017-019 S I GARLAND ST I Industrial Farming 0 75 150 225 300 375 Feet Item: Waste Transfer Station " Zoning Applicant:2022 Commercial Ave LLQ E Map File #: Z 2017-019 S I GARLAND ST 1-1 SITE N' 1-1 0 75 150 225 300 375 Feet Item: Waste Transfer Station Proposed Applicant:2022 Commercial Ave LLQ E Layout File #: Z 2017-019 S Sto g Area Transfer Station lent Laydown Area Driveway's LM rea Facility Entrance - Driveway Facility Exit - Driveway Equipment Laydown Area Ingress Equipment Laydown Area in/Out Driveway kl G 4 C aV'Sw.b.� t 4 .y_ l rtTJf� T t. .'�rp' •J �. r1� ,�RJ'jY fid ��r�/4 ) r How, L OW, G,y rfil�u 7.4 Waste Transfer and Disposal in Franklin County 7.4.1 Municipal Solid Waste Abandoned Landfills in Franklin County Prior to its closing in 1993, the Pasco Sanitary Landfill (operated by PSL, Inc.) was located approximately 1.5 miles northeast of Pasco, Washington near the intersection of Kahlotus Road with U.S. Highways 12 and 395. The landfill, which began operating in 1958, was listed on the federal National Priority List of hazardous waste sites (or "Superfund List") in 1990 after groundwater monitoring tests showed that volatile organic compounds (VOCs) had been released from the facility. Between 1972 and 1974, over 30,000 drums of bulk chemical waste had been disposed of at the site, leading to this contamination. Since the closure of this landfill, there has not been an operating landfill in the County. Additional small, private solid waste "dumps" were once located in or around Mesa, Kahlotus, Basin City, Eltopia, and Road 68 in Pasco. All of these sites were closed prior to 1994. Current MSW Transfer Franklin County has one transfer station that accepts waste from the entire County. There are no drop boxes in Franklin County. The transfer station is operated by BDI and is located at 1721 Dietrich Road in Pasco. Waste is collected throughout the County by BDI, the only entity providing collection in the County, and is brought to the transfer station or residents may self - haul their waste directly to the transfer station. The transfer station also accepts regional waste from areas of Benton County, Walla Walla County (primarily from Prescott and Waitsburg), and Columbia County (primarily from Dayton) where BDI also provides service. Table 7-1 provides the amount of waste the Pasco transfer station received from each County from 2002 to 2006. Table 7-1 Tons of Waste Accepted at the Pasco Transfer Station from Counties County 2002 2003 2004 2005 2006 Franklin 68,989 70,462 81,401 65,568 86,058 Benton 28,460 30,383 36,566 48,128 34,098 Walla Walla 9,854 10,098 8,926 9,924 10,196 Columbia 1,834 1,702 3,292 3,198 3,360 Total 109,097 112,645 130,185 129,818 133,712 After trucks complete their routes to pick up waste, they arrive at the transfer station, provide their route number, and are weighed. The truck then drives into the transfer station and unloads waste onto a tipping pad. Employees working on the tipping pad remove timber, metal, and recyclables from the waste. The waste is then loaded into a drop chute for compaction. The compacted waste is transferred into a covered trailer, which is later hauled to the landfill in Oregon. The transfer station, which has a capacity of accepting 1,200 tons of waste per day, currently accepts approximately 500 tons per day (the transfer station generally operates 5 days a week, or about 260 days a year). Based on projected population growth and an assumed waste generation rate, the transfer station is projected to have enough capacity to accept waste throughout the 20 -year planning period. The projected Franklin County population in 2030 is Franklin County ISW Management Plan 7.2 Chapter 7 — Transfer and Disposal of Waste 2010 fl �a}N CO G2 .I K 18tl3 94,324 people. Using Ecology's waste generation rate of 7.8 pounds per person per day, it is estimated that the waste generation in Franklin County in 2030 would be approximately 428 tons per day (the transfer station operates 5 days a week). As shown in Table 7-1, imported waste from other counties account for 36% of waste accepted at the transfer station. Assuming that imported waste continues to account for 36% of the waste in the transfer station, it is projected that the transfer station would accept approximately 940 tons per day of waste in 2030. There would be a small amount of additional waste from residents who self -haul. Current MSW Disposal All waste accepted at the transfer station is exported outside of the County to the Finley Buttes Landfill in Morrow County, Oregon for disposal. The landfill, which is owned by Waste Connections, is located 10 miles south of the town of Boardman, Oregon (Sec. 05, T2N, R26E) and can be accessed by highway, barge, or rail. Waste from the Pasco transfer station is long - hauled to the landfill, which is a distance of approximately 55 miles (transfer by truck is generally considered the most cost-effective option for distances of less than 100 miles). The landfill is operated under Oregon Department of Environmental Quality (ODEQ) Solid Waste Disposal Permit No. 394. The landfill is currently permitted to have a 90 million ton capacity for MSW. It is estimated to have enough capacity to continue to accept waste for at least the next 20 years. BDI also transfers a small amount of waste out of Franklin County (approximately 50 tons per year) to a transfer station in Prosser, Washington (Benton County). This waste is then transferred by truck to a landfill run by Allied Waste in Roosevelt, Washington (Klickitat County). This occurs when a customer has a special relationship with Allied Waste and requests that BDI ship their waste to this landfill because they have a special arrangement with the landfill, a special waste permit, or similar situation. Residents who self -haul their waste also export a small amount of waste from Franklin County. For example, some residents from Franklin County take waste to the Horn Rapids Landfill in Richland, Washington. The amount of waste exported rather than taken to the transfer station is considered to be very small, and is therefore not tracked by neighboring counties. As discussed previously, in order for a city of 4,000 or more people to import into Oregon, or for a city to export greater than 75,000 tons of waste per year into Oregon, the city must have a certified recycling program according Oregon law. Franklin County is in compliance with this regulation with its drop box recycling program. See Chapter 4 for more information about recycling in the County. 7.4.2 Recycling As discussed in Chapter 4, recycling operations in Franklin County are operated by BRI, a division of BDI. Drop boxes are maintained throughout the urban and rural areas of the County for residents to take their recyclables. Recyclables collected from the drop boxes are taken to the recycling facility, located at the Pasco transfer station. Once collected, recyclable materials are taken from the recycling center and hauled into bigger markets, generally in Portland or Seattle. 7.4.3 Moderate Risk Waste As discussed in Chapter 5, MRW is collected at various collection events throughout Franklin County and at the MRW facility located at the Pasco transfer station. BDI operates the MRW facility while Franklin County pays for the disposal costs of the material collected. MRW Franklin County ISW Management Plan Chapter 7 - Transfer and Disposal of W 7-3 �LU• _ `SIA BASIN RECYCLING office (509) 547-6666 BDI TRANSFER ZASINM NW CONTAINER RENTALS RECEIVED fax (5 9 545-2ietrich 50 Rd P.O. BOX 4270 PASCO, WA 99302-4270 Pasco, WA 99301 November 7, 2017 City of Pasco Pasco City Hall 525 N. 3`d Avenue Pasco, Washington 99301 Re: Application for Special Permit SP 2017-018 NOV 072017 COMMUNITY & ECON0611C DEVELOPMENT Columbia Basin, L.L.C. is opposed to the Application for Special Permit referenced above for a solid waste transfer station. Columbia Basin, L.L.C., d.b.a., BDI Transfer, currently operates a permitted solid waste transfer station and recycling center at 1721 Dietrich Rd. that has been in operation for many years. The Columbia Basin, L.L.C. transfer station has served the City of Pasco and the surrounding area in compliance with all State and Federal laws. Our transfer station is part of the Franklin County Comprehensive Solid Waste Plan (2010), which includes a recommendation that another transfer station is not needed. Our transfer station has a capacity to process in excess of 1,200 tons daily as currently staffed and operated. With additional staffmg that capacity could be increased significantly. Our current facility can meet the needs of the Franklin County Comprehensive Solid Waste Plan for the next twenty years. We have also purchased the 10 -acres next to the existing transfer station if expansion becomes necessary in the future. We are including a FACT SHEET of our current operation that will show the impact if the SP 2017-018 is granted. The BDI and Ed's Disposal trucks have 24 hour per day, seven days per week access to our current transfer. Lastly, the proposed transfer station is within eye -sight of the current transfer station on Dietrich Rd. Again, Columbia Basin, L.L.C. strongly opposes the granting of the Application for Special Permit, SP 2017-018. Sincerely, Leonard Dietrich Manager Columbia Basin, L.L.C. Rj"Yll: NORTHWEST �v&pj BASIN RECYCLING RECYCLING F CONTAINER D I V I S I O N S 0 F C O L U M B I A B A S I N L. L. C. r,ILM N H U Q O =) z z Q z W W Q Q z z z z ID Q) N 111 m N rH O lt m c N v N tO 1, N " N m m LD OO m •m v1 N 111 i- V LD Ol N � C C Q n u1 LD m m m m m o un to � t' ri o cv v tri Oo N C 3 O Y 3 0 to LO H M H W Ln M M LD M O LD •Cn lD n N N N Ln L W L OO m N N L11 rl t7 LD Ol "O N v N m 7 C Q H Ln W r -I a-1 00 tD n Ln N .--I O O N LD 00 m M t0 Ol N M Ol O Ln LD N N m C O a O1 L N CL >, u � u v -p v v c0 'O bo O N G O ' OJ a E c m 3 m o vii c�0 3 vii c O n o v h h V H h H ` a n a a a QNVI 'p 1/1 YI Yf 'p o p 'o E o VI VI Y N o U N O yl 00 'v u n. v m m m m o_ o_ Co. m m m cud r- r- O 9 Y U 7 K C ~ v v u O u U O O Y v a m m 7 O J J O O m a a o_ z o_ a z o: Ln a r,ILM N H U Q O =) z z Q z W W Q Q z z z z FEE: $500.00 + $50.00 (Public Notice Fee) + $75 (SEPA) _ $625 CITY OF PASCO APPLICATION FOR SPECIAL PERMIT (FOR OFFICIAL USE ONLY) FILE NO: S .. ,'i 7-018 DATE: - _017 The undersigned hereby apply for a special permit: Applicant: 2022 Commercial Avenue LLC Applicant's Address: 2021 N Commercial Ave., Pasco WA 99301 Applicant's Phone Numbers: Work: 547-2476 (home/work, cellular, fax) Applicant's E-mail address: darrickna,basindisposal.com Property Owner's Name (if different than Applicant): Same *Must have Property Owner's notarized signature on page 3 General location of property (street address or other description): No address currently assigned. The subiect parcel is located North of Commercial Ave, South of Garland St and East of the property addressed as 2021 N Commercial Ave. See attached map - Exhibit A Legal description of property (attach separate sheet if necessary): Lot(s) Block Suh&vision See attached - Exhibit A. Parcel #2 is the subject property applying for the Special Permit. THE FOLLOWING INFORMATION IIS REQUIRED TO PROVIDE THE PLANNING COMMISSION WITH A COMPLETE APPLICATION TO REVIEW - 1. Present use of the land and structure(s) if any: No current structures. The land is in agricultural use currently. 2. If vacant, check here: 3. Please describe any existing violations of any portion of the zoning ordinance upon the property: Updated 7.18.2017 1 FEE: $500.00 + $50.00 (Public Notice Fee) + $75 (SEPA) = $625 No existing violations of the zoning ordinance. 4. Give a detailed description of the proposed use that requires a special permit (attach separate sheet if more space is necessa*vl: The proposed facility will be for the acceptance and handling of solid waste. As such, this use categorically requires the issuance of a special permit as per 25.86.020 of the PMC. This solid waste transfer facility will accept the solid waste from commercial vehicles Monday through Saturday throughout the vear. Refuse collection vehicles as well as large transport trucks will operate at this location. Various pieces of industrial equipment, as well as employee vehicle traffic will result from normal operations. 5. A site map/pian, drawn neatly and to scale, showing the following: (a) Exterior property lines and any adjacent public street or alley rights- of-way; (b) Existing and proposed buildings and other structures; (c) Existing and proposed points of ingress and egress, drives, driveways, and circulation pattern; (d) The location of existing and proposed parking areas with each parking space shown; (e) Existing and proposed open spaces and landscape areas. NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the applicant's property, as shown by a local title company OR payment of $80.00 which shall be utilized by the City to obtain a current list of property owners of all properties within 300 feet of the applicant's property. Fee for Special Permit - $500.00 Environmental Checklist - $ 75.00 Radius Notification - 50.00 (or provide Variance report in lieu of $50.00) $625.00 Updated 7.18.2017 2 FEE: $500.00 + $50.00 (Public Notice Fee) + $75 (SEPA) _ $625 Signature of Applicant *Notarized Signature of Property Owner State of Washington ss. County of Franklin On this day of , before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned an sworn, personally appeared being duly sworn on his/her oath that he/she has prepared and read the foregoing statements and has acknowledged to me that the recitations contained therein are true, and has signed this instrument as his/her free and voluntary act and deed for the purposes therein mentioned. SUBSCRIBED AND SWORN to before me this day of Notary Public in and for the State of Washington Residing at My Commission expires Updated 7.18.2017 3 SEC. 21, 589'24'41 "W N89'24'21 "E 331.29'i _ 16 x376.72' w �� W C) D 0 LOT 15 Ln m PARCEL 3 m 0 18.52 ACRES 'n M �cn I ^ 0 -- w 0 h~ LOT 12 708.05' N89'24'41"E w Bozo,` 03 SP M w Ln n RS 2-73 0 ° PARCEL 2 of 111)) 19.44 ACRES `2 0 0 S46106'1 6"E N `681.95' 9 �C' P�Ra \\Y C LOT 1 T09N, R30E, W.M. EXHIBIT A SKETCH FOR COL L71vBfA EAST LINE TABLE LINE LENGTH BEARING Ll 316.14 N43'53'44"E 1-2 338.25 N43'53'44"E L3 269.05 S37'54'45"E L4 300.00 S43'53'47"W CURVE TABLE CURVE LENGTH RADIUS CH DIREC. CHORD Cl 51.09 30.00 97'34'31" S87'19'00"E 45.14 C2 29.30 2722.63 0'37'00" 538'13'15"E 29.30 C3 353.89 2507.51 8'0511" N41'57'20"W 353.60 TTON SURVEYINC 0 Z SCALE 1" = 500' PARCEL 2 THAT PORTION OF LOT 11 OF THE BINDING SITE PLAN 2011-03 RECORDED IN VOLUME 1 OF BINDING SITE PLANS AT PAGES 139 THROUGH 144 LYING IN SECTION 21, TOWNSHIP 09 NORTH, RANGE 30 EAST, W.M., FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT THENCE SOUTH 00035'36" EAST ALONG THE WESTERLY LINE OF SAID LOT 1139.56 FEET TO THE TRUE POINT OF BEGINNING: THENCE CONTINUING SOUTH 00035'36" EAST ALONG SAID LINE 917.47 FEET; THENCE SOUTH 46006'16" EAST 681.95 FEET TO THE EASTERLY LINE OF SAID LOT; THENCE NORTH 43053'44" EAST ALONG SAID LINE 316.14 FEET TO AN ANGLE POINT IN SAID LINE; THENCE NORTH 00035'39" EAST ALONG SAID LINE 1169.77 FEET; THENCE SOUTH 89024'41" WEST 708.05 FEET TO THE SAID TRUE POINT OF BEGINNING. CONTAINS 19.44 ACRES SEE ATTACHED EXHIBIT A TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS, COVENANTS AND RESTRICTIONS OF RECORD AND IN VIEW. Vf a G_r.._,....::- .__ �.. �: Y: — _. _. -T Proposed Transfer Station M r. . �-r'- ' ?L�. ��--•"'®n-'"' . 7�. `riss � � _. %�=Sim .�:f 6e � L_�e_�" q�t %6ster Station - 2� ip R €,b)5,000 $1 f �� f REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 2017-007 APPLICANT: Ashok 8s Vijay Sharma HEARING DATE: 11/16/2017 1201 Brentwood Ave ACTION DATE: 12/21/2017 Richland, WA 99352 BACKGROUND REQUEST: REZONE: Rezone from R-1 (Low -Density Residential) to R-4 (High -Density Residential) 1. PROPERTY DESCRIPTION: Leizal: the S I/2 of the SE '/4 of the ES 'A of Section 6 Township 9 Range 29, Except a portion for County Road ROW (Tax Parcel #115180064) General Location: At the northwest corner of Broadway Boulevard and Burns Road. Property Size: Approximately 17.34 acres. 2. ACCESS: The parcel is accessible from both Broadway Boulevard and Burns Road. 3. UTILITIES: Municipal water service is available in Burns Road. The Comprehensive Sewer Plan calls for the location of a trunk line running north from Harris Road to Burns Road then east past the rezone site. Construction on the line is to begin in the fall of 2018 and will be extended from Court Street to a point on Harris Road about three quarters of a mile south of the rezone site. 4. LAND USE AND ZONING: The lot is currently zoned RT (Residential Transition) and is vacant. Surrounding properties are zoned and developed as follows: NORTH: RS -1 - Farming/Vacant EAST: R-1 - Columbia Terrace (Under Development) SOUTH: RT - Vacant WEST: R -S-1 - Farming 5. COMPREHENSIVE PLAN: The Comprehensive Plan has recently been amended to designate this property for high-density residential 1 development (Ordinance 4327, passed by City Council on December 5, 2016). Policies of the Plan suggest the City permit a full range of residential environments including multi -family homes (H -2-A) and standards that control the scale and density of accessory buildings and homes to maintain compatibility with other residential uses (H -4-B). The Plan encourages higher density development to be located near arterial streets so as to avoid access through lower density neighborhoods (H -1-A & H -1-B). 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 Mitigated Determination of Non -Significance is likely for this application (WAC 197-11-355). The MDNS would consider high-density residential development on the rezone site allowing for multi -family units with a minimum of 3,000 square feet per unit. Some of the issues to be addressed are as follows: a. The intersection at Burns and Broadmoor will require a traffic signal in the near future given development in the area. Land may be required as well as a pro -rata share of the signal cost. b. The City does not currently own the sanitary sewer main up Broadmoor along the east side of the property; developer would need to pay a fair share to compensate the builder of the main. Developer would be obligated to cover frontage along Burns Road and for a pro -rata share of extending sewer from its current location of the I-182 overpass at Court Street. c. The 2018 City of Pasco budget contemplates the City extending sewer from the I-182 overpass at Court to a point on Harris Road approximately three quarters of a mile south of the site. ANALYSIS The site was designated for low-density residential development up until December of 2016 (Ordinance 4327), when it was reclassified for high-density residential development. The high-density classification as described in the Comprehensive Plan permits the development of "multiple -unit apartments or condominiums at a density exceeding 20 units per acre." Criteria for allocation of this High -Density Residential designation include sewer availability, being a transition area between more intense uses and low density uses, market demand, and location on or near circulation routes. The site has limited access to sewer along Broadmoor Boulevard but that line has not been turned over to the City yet and as a result it is not part of the City controlled sewer system. There may also be a question about cost sharing or 2 reimbursement to the developer who built the line. To fully build out the property it will be necessary for the trunk line to be extended north from Harris Road to Burns Road. The property in question is not located between more intense uses and low density land use designations according to the Comprehensive Plan Land Use Map, as surrounding properties are all designated for low-density residential use; however the Broadmoor Area Plan will include some more intense uses to the south. Although not yet completed, all iterations of the Broadmoor Master Plan have reflected high density residential development in this area. The property is located at the intersection of Broadmoor Boulevard and Burns Road, both principal arterial streets, according to the Major Street Plan. Being located at the intersection of two major streets traffic generated by future development on the site will not need to travel through low-density neighborhoods to connect with the remainder of the community. Zoning options under the high-density designation include just R-4. The High Density land use designation is unique in that it is the only land use designation in the Comprehensive Plan that has only one zoning classification attached to it. The applicant is seeking R-4 zoning. 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 June of 2015 (Ordinance 4224) when the property was annexed to the City. The Comprehensive Plan Map was amended in December 2016 (Ordinance 4327) to accommodate high-density R-4 zoning. 2. The changed conditions, which are alleged to warrant other or additional zoning: The property was annexed in June of 2015 and the Comprehensive Plan has been amended to permit high density zoning on the site. Burns Road was constructed in the past few years and now connects the site to Broadmoor Boulevard and Road 68. Broadmoor Boulevard had been extended north, past the site connecting the City to County properties in the urban growth area. A 16 inch water line has been located in Burns Road and parallels the south boundary of the proposed rezone site. A water line has also been extended north From Burns Road north in Broadmoor Boulevard to the north end of Columbia Terrace. The Comprehensive Sewer Plan was also updated in the past few years to identify were the trunk sewer lines will generally be located to serve this property and areas to the north of the City limits. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The proposed zoning request is fairly consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, 3 safety and general welfare of the community. The rezone will lead to the creation of a high-density residential neighborhood providing more affordable housing opportunities for Pasco residents. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: A change in zoning classification will ultimately result in the establishment of a higher density residential neighborhood consistent with the Comprehensive Plan. The rezone may improve the value of commercial property near the Road 100 Interchange. Experience as shown that development of higher density residential development in Pasco adjacent to lower density residential neighborhoods has not impacted the value of single family homes. The Island Estates Row Homes and Stone Gate apartments are both located adjacent to single-family neighborhoods that have not seen a decrease in value as the result of being located near apartments. 5. The effect on the property owner or owners if the request is not granted: Future site planning cannot move forward without knowing what the zoning will be. The site will require extensive grading and earth moving and arterial street improvements that would be difficult to justify without a rezone to higher density. 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 vacant. 2. The site was annexed in 2015. 3. The site contains 17.34 acres. 4. The site is currently zoned R-1 (Low -Density Residential). 5. Properties to the north and west are zoned R -S-1; 6. Properties to the east are zoned R-1; 7. Properties to the south are zoned RT. 8. The site is located on the northwest corner of Broadmoor Boulevard and Burns Road. M 9. The applicant is requesting R-4 (High -Density Residential) zoning. 10. The Comprehensive Plan identifies the site for High -Density -Residential uses which includes R-4 zoning. 11. A 16 -inch water line is located in Burns Road. 12. The Comprehensive Sewer Plan identifies generally how the site can be served by municipal sewer system. 13. The site will require extensive grading and arterial street improvements that will be difficult to accomplish for a single-family development. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with the Comprehensive Plan Land Use Map and several Plan policies and goals. H -2 -A suggests the City permit a full range of residential environments. Housing Policy (H -BA) encourages standards that control the scale and density of accessory buildings and homes to maintain compatibility with other residential uses. The Plan also encourages higher density development to be located near arterial streets so as to avoid access through lower density neighborhoods (H -1 -A & H -1-B). The site is located at the intersection of two major streets. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The immediate area is shown in the Comprehensive Plan and the proposed Broadmoor Area Plan to contain a mix of residential densities including densities permitted by R-4 zoning. The proposed rezone is consistent with the referenced plans and will not be detrimental to future nearby developments that will need to conform to the provision of the plans. The development of multi family housing adjacent single-family neighborhoods has not diminished the value of homes in single-family neighborhoods. This is verified by valuation records of the Franklin County Assessor's office. 3. There is merit and value in the proposal for the community as a whole. There is merit in developing vacant parcels within the City in accordance with the goals and policies contained in the Comprehensive Plan. The proposed zoning is consistent with the Plan's Land Use Map. Providing an increased range of E housing opportunities benefits the community as a whole. Additionally locating housing in areas served by major streets and water lines and will enable efficient use of capital resources. The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The intersection at Burns and Broadmoor will require a traffic signal in the near future given development in the area. The developer will be required to provide any necessary right-of-way and complete street improvements as a part of development. These improvements will also include intersection improvements. A traffic impact fee will also be assessed at the time of permitting that may cover almost two/thirds of the cost of a traffic signal. These requirements are currently part of the municipal code. The current sewer line at the intersection of Bums and Broadmoor has not been turned over to the City and is unavailable. When it does become part of the City system it will only provide very limit capacity. To fully sewer the property in question the developer will need to connect to the future trunk line to the south on Harris Road. Developer will be obligated by code to extend needed utilities along all frontages of his property. S. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. No concomitant agreement is needed. MOTION: I move to close the hearing on the proposed rezone and set December 21, 2017 as the date for deliberations and the development of a recommendation for the City Council. 0 wbvl. � \\tikj� W Z N 3 t 1 - � �. � y il:lr•18 � onia aoowovoae f 1 f ; . P 0 V///Zj rn t s O 03 W 0 ct 0 0 a3 d LL " O O M CDwl I i-1 O � � N U N � N 44 1 - � �. � y il:lr•18 � onia aoowovoae f 1 f ; . P 0 V///Zj rn t s O W 0 0 0 d LL " O O M CDwl W NI 21313X3 z y w� N 3 ci Y = lO 3211 > Q = Oum LL v C > z V V ♦ NI MiS Nl30CIIIIS INN DAIS 21OOMV0218 0 ct lc� Ln ct rc z Isl r F m O O cn �O 1 ct LMO Nun w tl N o U- M O 1!7 T O W Nl M313X3 2 N 3 J J a13 3MIHS � � xIDA U Z O� z O z Nl831S Nl30aIM8 IHME INN aAl9 MOOWaVOMB d. ct � �j W z m O O cn I O N Lo� O Ln d LL O J 5 cn O Lo Q O Nr 0 r. r /mow) I ;- i(!,) ! j I i I I , Y I ;- 10 *41k i 0 ca 114ZEel I-11016111'ul DATE: November 1, 2017 TO: Planning Commission FROM: Rick White, Director Community & Economic Development SUB3ECT: Creating a New Chapter 26.50 "GMA Development Agreements" in the Pasco Municipal Code (MF# 2017-006) A 1995 State law enacted the Local Project Review Act - which was codified as 36.708 RCW. This addition to State law provides specific authority and direction for development agreements. A development agreement is a voluntary contract between a local jurisdiction and a person who owns or controls property within the jurisdiction. A development agreement details the obligations of both parties (jurisdiction and owner) and specifies the standards and conditions that will govern development of the property. A development agreement provides assurances to the developer that the development regulations that apply to a project will not change during the term of the agreement. An agreement can also provide certainty to a jurisdiction that certain regulations or conditions will be imposed on a project to better incorporate timing of improvements, fees or development standards. Although development agreements are voluntary, once made they are binding on the parties and their successors. Typical duration of a development agreement is 10 years - usually with a provision for extension upon agreement of both parties. Local jurisdictions must hold a public hearing prior to approving a development agreement and may only impose impact fees, dedications, mitigation measures and standards as authorized by other laws. Development agreements can be particularly useful within Pasco as a tool to outline responsibilities of developers in order for extension of City water/sewer service outside the corporate boundaries or for use in potentially complex development scenarios that may apply in the Broadmoor area or any other master planned situation. The proposed ordinance would add a Chapter to the Pasco Municipal Code and establish provisions for the execution of development agreements. The ordinance outlines what is included in the term "development standard" and specifies that the required hearing be held before the Planning Commission. Staff believes this proposed ordinance will provide the ability to better manage development in certain circumstances - particularly for properties needing City utility services that are outside the City limits but with the Urban Growth Area. This item has been advertised for a public hearing for the Planning Commission meeting tonight. If the Commission is comfortable with making a recommendation to Council — the motion below would in order: MOTION: I move the Planning Commission recommend to City Council that a new Chapter in the Pasco Municipal Code 26.50 titled "GMA Development Agreements", as contained in the November 16, 2017 staff report be adopted. If the Commission has questions or needs further discussion — then the item can be returned as appropriate. ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Creating Chapter 26.50 "GMA Development Agreements" WHEREAS, RCW 36.7013.170 authorizes local governments to enter into GMA Development Agreements with persons having ownership or control of real property within its jurisdiction; and WHEREAS, RCW 36.7013.170 authorizes local governments to enter into GMA Development Agreements for real property outside its boundaries as part of a proposed annexation or a service agreement; and WHEREAS, The City of Pasco City Council finds that the lack of certainty in the approval of development projects can result in a waste of public and private resources, escalate housing costs for consumers and discourage the commitment to comprehensive planning which would make maximum efficient use of resources at the least economic cost to the public and that assurance to a development project applicant that upon government approval the project may proceed in accordance with existing policies and regulations, and subject to conditions of approval, all as set forth in a GMA Development Agreement, will strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic costs of development. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Chapter 26.50 entitled GMA Development Agreements of the Pasco Municipal Code, shall be and hereby is adopted and shall read as follows: Chapter 26.50 GMA DEVELOPMENT AGREEMENTS Sections: 26.50.010 GMA Development Agreements Authorized. 26.50.020 Enforceability. 26.50.030 Recording. 26.50.040 Approval. 26.50.010 GMA DEVELOPMENT AGREEMENTS AUTHORIZED (1) The City may enter into a GMA Development Agreement with a person having ownership or control of real property within its jurisdiction. The City may enter into a GMA Development Agreement for real property outside its boundaries as part of a proposed annexation or a utility service agreement. A GMA Development Agreement must set forth the Ordinance — Adopting PMC 26.50 - 1 development standards and other provisions that shall apply to, govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. A GMA Development Agreement shall be consistent with all applicable development regulations. (2) Sections 26.50.010 through 26.50.030 do not affect the validity of a contract rezone, concomitant agreement, annexation agreement, or other agreement in existence or adopted under separate authority, that includes some or all of the development standards provided in subsection (3) of this section. (3) For the purposes of this section, "development standards" include, but are not limited to: (a) Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes; (b) The amount and payment of impact and mitigation fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions or other financial contributions by the property owner, inspection fees, or dedications; (c) Mitigation measures, development conditions, and other requirements under RCW 43.21 C; (d) Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features; (e) Affordable housing; (f) Parks and open space preservation; (g) Phasing; (h) Review procedures and standards for implementing decisions; (i) A build -out or vesting period for applicable standards; and 0) Any other appropriate development requirement or procedure. (4) The execution of a GMA Development Agreement is a proper exercise of the City's police power and contract authority. A GMA Development Agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A GMA Development Agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. GMA Development Agreements within the City are limited to a ten-year timeframe. An extension of one to ten years may be exercised upon Ordinance — Adopting PMC 26.50 - 2 mutual approval of both the developer and the City (PMC 26.50.050). GMA Development Agreements outside the City continue in effect at least until annexation. 26.50.020 ENFORCEABILITY. Unless amended or terminated, a GMA Development Agreement is enforceable during its term by a party to the agreement. A GMA Development Agreement and the development standards incorporated in the agreement govern during the term of the agreement, or for all or that part of the build -out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement. A permit or approval issued by the City after the execution of the GMA Development Agreement must be consistent with the terms of the GMA Development Agreement. 26.50.030 RECORDING. A GMA Development Agreement shall be recorded with the real property records of Franklin County. During the term of the GMA Development Agreement, the agreement is binding on the parties and their successors, including the City when it assumes jurisdiction through incorporation or annexation of the property covered by the GMA Development Agreement. 26.50.040 APPROVAL. The City shall only approve a GMA Development Agreement after a pre -decision open record public hearing. The public hearing shall be held before the Planning Commission whose recommendation and record shall be acted on by the City Council by Resolution approving or denying the GMA Development Agreement. Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of 2017. Matt Watkins, Mayor ATTEST: Daniela Erickson, City Clerk Ordinance — Adopting PMC 26.50 - 3 APPROVED AS TO FORM: Leland B. Kerr, City Attorney MEMORANDUM DATE: November 9, 2017 TO: Planning Commission FROM: Rick White, Community & Economic Development Director SUBJECT: Section 108 Loan Program - CDBG The Planning Commission has recommended CDBG funds for improvements to the Downtown core for several CDBG Allocation cycles. As full costs for Peanuts Park renovations, improvements to the Farmers Market Pavilions and streetscape improvements associated with the proposed Lewis Street Overpass will be expensive and necessary to be completed in short order, the City has looked at options in the CDBG Program for consideration. One of these options is the Section 108 Loan Program. As the Planning Commission is the City's Block Grant Advisory Committee — staff is providing this primer on the Program for the Commission's consideration. The Department of Housing and Urban Development has established the Section 108 Loan Guarantee Program ("Program") in order to provide below market rate loans for qualified projects that serve the needs of low and moderate income persons. This program may be instrumental in accomplishing important pieces of Downtown Revitalization. As a Grantee receiving funds through the CDBG Program, the City of Pasco meets the criteria to participate in the Program. Recipients may borrow up to five times their annual CDBG grant, enabling them to maximize the impact of available public funds by leveraging grant resources into private loans. Section 108 is a loan guarantee program, not a grant. It offers lower rates both variable and fixed, and flexible repayment terms to meet project -specific needs and provides funding to finance a wide variety of eligible activities. The maximum Section 108 loan capacity would be $3,475,000, based on the program year 2017 award of $695,000. The CDBG entitlement annual allocation would be pledged in addition to other collateral. Repayment of the loan could be over twenty (20) years. The Downtown Revitalization Plan and Peanuts Park renovation projects are eligible activities which would qualify as an area benefit. Purchasing a vacant building for the purpose of renting space to a small business would also qualify as low -moderate job creation. Other examples of eligible projects could include: 1. Real Estate/site-specific gap financing, projects to promote additional private investment in target area; 2. Location - based loan pools to encourage neighborhood development; and 3. Strategies to cultivate healthy markets (which could include a number revitalization techniques).