Loading...
HomeMy WebLinkAbout01-17-2019 Planning Commission Meeting PacketAGENDA PLANNING COMMISSION MEETING City Hall — 525 North Third Avenue — Council Chambers THURSDAY, JANUARY 17,2019 7:00 PM I. CALL TO ORDER: II. ROLL CALL: III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES: V. OLD BUSINESS: Declaration of Quorum December 20, 2018 A. Rezone Rezone from R-2 (Medium Density Residential) to R-3 (Medium Density Residential) (Knutzen Engineering) (MF# Z 2018-008) B. Preliminary Plat Preliminary Plat, Cedar Flats, 109 Lots (Knutzen Engineering) (MF# PP 2018-009) C. Code Amendment Single Room Occupancy Housing (MF# CA 2018-004) D. Code Amendment Right of Way Dedications and Improvements (MF# CA 2018- 005 VI. PUBLIC HEARINGS: A. Rezone Rezone from C-1 (Retail Business) to C-3 (General Business) (Howard Rowell) (MF# Z 2018-009) —Continued B. Code Amendment Shared Street Frontages (MF# CA 2018-008) C. Code Amendment Temporary Shelter (MF# CA 2018-001) VII. WORKSHOP: A. Code Amendment Expansion of Non -Conforming Uses (MF# CA 2018-006) VIII. OTHER BUSINESS: IX. ADJOURNMENT: This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and streamed at www.pasco-wa.com/psctvlive. Audio equipment available for the hearing impaired; contact staff for assistance. CALL TO ORDER: The meeting was called to order at 7:OOpm by Chairperson Myhrum. Commissioners Present: Vice Chair Isaac Myhrum, Tanya Bowers, Joseph Campos, Paul Mendez, Alecia Greenaway, Abel Campos, Pam Bykonen and Gabriel Portugal Staff Present: Community & Economic Development Director Rick White, Senior Planner Jacob B. Gonzalez, Planner I Darcy Bourcier and Administrative Assistant II Krystle Shanks MEETING VIDEO ON DEMAND: This meeting in its entirety has been posted and can be viewed on the City's webpage at h tt P s: //psctv.vie bit.com. APPEARANCE OF FAIRNESS: Chairperson Myhrum read a statement about the appearance of fairness for hearings on land use matters. There were no declarations. Chairperson Myhrum then asked the audience and the Planning Commission if there were any objections based on a conflict of interest or appearance of fairness question regarding the items to be discussed. There were no objections. ADMINISTERING THE OATH: Chairperson Myhrum explained that state law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Chairperson Myhrum swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Greenaway moved, seconded by Commissioner Bowers that the minutes dated November 15, 2018 be approved. The motion passed unanimously. PUBLIC HEARINGS: A. Rezone Rezone from R-2 (Medium Density Residential) to R-3 (Medium Density Residential) (Knutzen Engineering) (MF# Z 2018-008) Chairperson Myhrum read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the rezone application from R-2 (Medium Density Residential) to R-3 Planning Commission Meeting Page 1 December 20, 2018 MINUTES ' 1 � 1 PLANNING COMMISSION MEETING City Hall -525 North Third Avenue—Council Chambers THURSDAY, DECEMBER 20, 2018 7:00 PM CALL TO ORDER: The meeting was called to order at 7:OOpm by Chairperson Myhrum. Commissioners Present: Vice Chair Isaac Myhrum, Tanya Bowers, Joseph Campos, Paul Mendez, Alecia Greenaway, Abel Campos, Pam Bykonen and Gabriel Portugal Staff Present: Community & Economic Development Director Rick White, Senior Planner Jacob B. Gonzalez, Planner I Darcy Bourcier and Administrative Assistant II Krystle Shanks MEETING VIDEO ON DEMAND: This meeting in its entirety has been posted and can be viewed on the City's webpage at h tt P s: //psctv.vie bit.com. APPEARANCE OF FAIRNESS: Chairperson Myhrum read a statement about the appearance of fairness for hearings on land use matters. There were no declarations. Chairperson Myhrum then asked the audience and the Planning Commission if there were any objections based on a conflict of interest or appearance of fairness question regarding the items to be discussed. There were no objections. ADMINISTERING THE OATH: Chairperson Myhrum explained that state law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Chairperson Myhrum swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Greenaway moved, seconded by Commissioner Bowers that the minutes dated November 15, 2018 be approved. The motion passed unanimously. PUBLIC HEARINGS: A. Rezone Rezone from R-2 (Medium Density Residential) to R-3 (Medium Density Residential) (Knutzen Engineering) (MF# Z 2018-008) Chairperson Myhrum read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the rezone application from R-2 (Medium Density Residential) to R-3 Planning Commission Meeting Page 1 December 20, 2018 (Medium Density Residential). The rezone is related to a preliminary plat application that the applicant is completing simultaneously with the rezone. With the existing R-2 zoning standards, the site can be developed with 1 single-family dwelling unit per 6,000 square feet of land area or 1 multi -family dwelling unit per 5,000 square feet of land area. The applicant wishes to rezone to R-3 which would allow 1 multi- family dwelling unit per 3,000 square feet of land area. This density equates to 14.5 dwelling units per acre and would conform to the Comprehensive Plan. Commissioner Bowers asked about the impact of multi -family dwelling units next to single-family dwelling units in terms of property values. Ms. Bourcier responded that the applicant would be proposing zero lot line homes, which would be very similar to single-family homes and individuals would own their units. Rick White, Community & Economic Development Director, added that much of the design and layout of the plat would be discussed during the hearing for the preliminary plat and he briefly discussed the plat application. In essence, they will be single-family homes with a shared lot line. Commissioner Bowers asked if they would be similar to townhomes. Mr. White said yes. Paul Knutzen, 5453 Ridgeline Drive, Kennewick, WA spoke on behalf of his rezone application. He stated that they will not be developing to the maximum density but that the R-3 zoning would allow them some more flexibility and to allow for slightly more density. With no further questions or comments the public hearing was closed. Commissioner Bowers moved, seconded by Commissioner Greenaway, to close the hearing on the proposed rezone and set January 17, 2019 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. B. Preliminary Plat Preliminary Plat, Cedar Flats, 109 Lots (Knutzen Engineering) (MF# Z 2018-009) Chairperson Myhrum read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the preliminary plat application for Cedar Flats, 109 lots. The development would include zero lot line single-family homes. Many of these developments have been seen around Pasco. Commissioner Bowers asked where Island Estates was located. Ms. Bourcier said they were located west of Walmart in West Pasco. Planning Commission Meeting Page 2 December 20, 2018 Fernando Lizarazo, 2004 S. Olympia Street, Kennewick, WA spoke on behalf of his preliminary plat application. They are envisioning 2 -story units with 5/12 pitch. Paul Knutzen, 5453 Ridgeline Drive, Ste. 120, Kennewick, WA spoke on behalf of his preliminary plat application. He added that the homes would likely be between 25'-27' in height. Commissioner Bowers asked about 3 single-family homes that were shown on the proposed plat and if they were already existing or if they were going to be new construction. Mr. Knutzen replied that they were already existing. With no further questions or comments the public hearing closed. Commissioner J. Campos moved, seconded by Commissioner Greenaway, to close the hearing on the proposed preliminary plat and set January 17, 2019 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. C. Rezone Rezone from C-1 (Retail Business) to C-3 (General Business) (Howard Rowell) (MF# Z 2018-009) Chairperson Myhrum read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the rezone application from C-1 (Retail Business) to C-3 (General Business). The Comprehensive Plan designation for this site is Commercial which allows various types of commercial zoning districts. Some of the current zoning on the site is not in conformance with the Comprehensive Plan but the proposal to rezone would put the site into conformance. The staff report contains a list of uses allowed in the C-3 zone, which is the heaviest of the commercial zones. It explains that there are additional uses that could be allowed in the C-3 zone with a special use permit. The site adjacent to the rezone is existing residential zoning and for that reason, staff recommends a concomitant agreement to further restrict the uses that could impact that adjacent residential zoning. The applicant is not present at the hearing so staff would recommend the hearing to be continued since he was unable to attend. Commissioner Greenaway asked if staff new what the applicant was planning to place on this property. Mr. White replied that as far as he knows he is planning for additional flexibility with uses but nothing specific at this time. There were no further questions or comments. Commissioner Bowers moved, seconded by Commissioner A. Campos, to continue the public hearing to the January 17, 2019 meeting. The motion passed unanimously. D. Code Amendment Single Room Occupancy Housing (MF# CA 2018-004) Planning Commission Meeting Page 3 December 20, 2018 Chairperson Myhrum read the master file number and asked for comments from staff. Darcy Bourcier, Planner 1, discussed the proposed code amendment for single room occupancy housing. This item was discussed at a previous workshop and staff has brought it to public hearing taking into consideration the comments given to them by Planning Commissioners. Ms. Bourcier explained that staff is recommending the following: (1) SRO facilities not be subject to density standards as previously discussed. (2) Per the Fire Marshall, occupancy of each SRO unit will need to comply with HUD's guidelines for SRO occupancies but there will be no more than 2 adults per SRO unit and, (3) SRO facilities will require 24/7 onsite management. Commissioner.]. Campos asked forthe reasoning behind no capacity standards. Rick White, Community & Economic Development Director, stated that staff tried to create a standard. The problem was based on HUD and a variety of variables depending on various things (i.e. age of children, the bedrooms, provision of bedding type, etc.) It is simpler to simply refer to the HUD standards and adopt theirs. Chairperson Myhrum mentioned that in some cities SRO's are not allowed on ground floors. He asked if there was any consideration to only allow them on upper level floors. Ms. Bourcier responded that if they made that the code then the properties would eventually function as they already do now. Mr. White added that given the age of the units that staff believes would be appropriate for SRO's and the limitation on choices, he didn't know if it could be fashioned to be usable. He referred to a downtown motel who wanted to use SRO's on upper level floors but it was denied as it didn't fit the area or the management of the motel itself. Commissioner Bowers clarified the use of the ground floor in hotels/motels and SRO's. Commissioner Greenaway added that this will likely effect older hotels that don't have elevators and handicap accessibility so they might need ground floor units. Commissioner A. Campos asked if the units could contain 1-2 rooms as indicated in the staff report. Ms. Bourcier replied that the 2 rooms would mean a living area and a bedroom but only 1 unit. Commissioner J. Campos stated that in Pasco, the ground level likely wouldn't work for commercial uses in the older hotels/motels that will be converted to SRO's. Commissioner Bykonen asked if there would be a way to ensure that the properties wanting to convert to SRO's had come into compliance with Code Enforcement or if there will be a license. Ms. Bourcier stated that each SRO project will have to apply for a special permit and will then be reviewed Planning Commission Meeting Page 4 December 20, 2018 at that time. Travis Vengroff, 4829 SE 62nd Avenue, Portland, OR of One Stop Housing spoke in favor of the proposed code amendment. He originally had interest in purchasing a "chronic nuisance" motel with the intent to convert it into an SRO, however, the owner backed out prior to the code amendment hearing. He was still in favor of the proposed code amendment and discussed how it can benefit the community and provide affordable and diverse housing. He discussed his extensive experience with SRO's and affordable housing property management. Commissioner Bowers asked Mr. Vengroff if he has had any complaints on any of his projects or properties. Mr. Vengroff replied that the only complaint he has received was from a hotel in Florida because his SRO took away from their business of long term tenants. With no further questions or comments the public hearing closed. Commissioner J. Campos moved, seconded by Commissioner Greenaway, to close the hearing on the proposed code amendment and set January 17, 2019 as the date for deliberations and the development of a recommendation to the City Council. The motion passed unanimously. E. Code Amendment Right of Way Dedications and Improvements (MF# CA 2018- 005 Chairperson Myhrum read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the proposed code amendment for right of way dedications and improvements in regards to platting regulations. The first item addressed how to dedicate property without having to go through City Council — it would instead be done administratively. In the majority of the now incorporated Riverview Area, there aren't designated rights of way. As the area annexes and when residents apply for building permits, often times for sheds or garages, the City requires a dedication deed prior to issuance of the building permit to ensure the City obtains right of way in case of the need to expand the streets. This process currently requires these items to go to Council for a hearing, slowing down the timeliness to issue a building permit. The proposed amendment would allow for it to be down administratively, streamlining the process. There were also some housekeeping items discussed. Commissioner Bowers asked if it would be consistent with Kennewick or Richland. Mr. White said yes. With no further questions or comments the public hearing closed. Commissioner J. Campos moved, seconded by Commissioner Bowers, to close the hearing on the proposed code amendment and set January 17, 2019 as the date for deliberations and the development of a recommendation to the City Council. The motion passed unanimously. Planning Commission Meeting Page 5 December 20, 2018 F. Code Amendment Hearing Examiner — Amendinp Titles 2. 25 and 26 of the PMC (MF## CA 2018-007) Chairperson Myhrum read the master file number and asked for comments from staff Rick White, Community & Economic Development Director, discussed the proposed code amendment regarding the hearing examiner process amending Titles 2, 25 and 26 of the PMC. The hearing examiner is already used for various processes in Pasco. The difference would be the addition of using the hearing examiner for special and conditional use permits, preliminary plats and conducting hearings so that the hearing examiner can provide recommendation on rezones. The Washington Cities Insurance Authority strongly recommend using the hearing examiner system because land use cases are a source of liability. A hearing examiner would be a trained attorney, conducting a hearing and providing final approval. Then if an item is appealed, it goes to court. Commissioner Bowers asked if this was common practice in Richland and Kennewick. Mr. White stated that it was in Richland, Kennewick, Walla Walla and Yakima. They don't all provide final recommendations, however. Commissioner Bowers asked if the current hearing examiner would remain the same. Mr. White replied that he was unsure at this time. There will be a request for proposals and Washington State has a Hearing Examiners Association. The City Attorney has help draft a request for qualifications. At this time, fees are unknown. Commissioner Bowers stated that she would be careful to recommend this if it is going to be cost prohibitive. Mr. White replied that it could be. Commissioner J. Campos added that if it becomes cost prohibitive then the City wouldn't have to select a hearing examiner but at least the framework and code would be there when cost might change. He didn't think cost should be an issue in the decision. He asked what is prohibiting to the request for qualifications now. Mr. White said nothing but it would be important to explain to potential hearing examiners if they will be making final decisions or not. Commissioner J. Campos said he's seen the RFP to be used to look at costs. Chairperson Myhrum stated that he was familiar with the hearing examiner process with other organizations and they were explicit with their conflict of interest policies. He asked if conflict of interest would be addressed for how it would be handled. Mr. White replied yes, that conflict of interest has come up and it would need to be included in their rules of procedure. Commissioner Bowers had clarification questions on Title 25 in regards of fees. Planning Commission Meeting Page 6 December 20, 2018 Mr. White replied that those had changed a while ago. There was some more discussion regarding fees and other housekeeping items. With no further questions or comments the public hearing closed. Commissioner Greenaway moved, seconded by Commissioner Bowers, to close the hearing on the revisions to Titles 2, 25 and 26 and recommend their approval to City Council. The motion passed unanimously. WORKSHOP: A. Code Amendment Shared Street Frontaaes (MF# CA 2018-008) Chairperson Myhrum read the masterfile number and asked for commentsfrom staff. Jacob B. Gonzalez, Senior Planner, discussed the proposed code amendment regarding shared street frontages or lots without public street frontage. It currently isn't addressed in the PMC but if added, it would likely be apply to PMC 26.16.040— Lots and block dimensions. Christine Batayola, 1632 W. Sylvester Street, spoke in favor of the code amendment and explained cases in which it could help her clients with properties that are otherwise undevelopable. There was discussion between the Commissioners and Staff. No action was required at this time. B. Code Amendment Temporary Shelter (MF# CA 2018-001) Chairperson Myhrum read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the code amendment for temporary homeless shelters. This would apply to a nonprofit religious organization that would like to use their property for temporary homeless shelters. Nationwide and in Washington State many things have happened, including court cases, pertaining to religious organizations being able to use their property for these purposes. The City would be better off having code to address this prior to it becoming a problem. There was discussion between the Commissioners and Staff. No action was required at this time. ADJOURNMENT: With no further discussion or business, the Planning Commission was adjourned at 8:28 PM. Respectfully submitted, U -2a Krystle 9hanks, Administrative Assistant II Community & Economic Development Department Planning Commission Meeting Page 7 December 20, 2018 CITY OF PASco REPORT TO PLANNING COMMISSION PLANNING COMMISSION MEETING City Hall — 525 North Third Avenue — Council Chambers DATE: THURSDAY, JANUARY 17, 2019 7:00 PM MASTER FILE #: Z 2018-008 APPLICANT: Knutzen Engineering 5453 Ridgeline Dr. Ste 120 Kennewick, WA 99338 REQUEST: REZONE: Rezone five parcels from R-2 (Medium Density Residential) to R-3 (Medium Density Residential) for Cedar Flats subdivision BACKGROUND 1. PROPERTY DESCRIPTION: Leea1: A Portion of Township 9 N, Range 30 E, Section 28 General Location: The 600 block of S Cedar Avenue Property Size: 14.47 acres 2. ACCESS: The property has access from S Cedar Ave and the proposed extension of E Helena St 3. UTILITIES: Municipal water and sewer service are located in S Cedar Ave and E Helena St 4. LAND USE AND ZONING: The site is zoned R-2 (Medium -Density Residential). Surrounding properties are zoned and developed as follows: NORTH: R-2 Vacant EAST: R -1A SFDUs SOUTH: R -1A SFDUs WEST: R-1 SFDUs/Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for mixed residential development. According to the Comprehensive Plan, mixed residential development means 5 to 20 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. ll, page 17) encourages development of lands designated for mixed residential uses when or where sewer is available, when the location is suitable for home sites, and when there is a market demand for new home sites. Policy H -1-E encourages the advancement of home. ownership and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU -2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. 6. ENVIRONMENTAL DETERMINATION: Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, testimony at the public hearing and other information, a Mitigated Determination of Non -Significance (MDNS) has been issued for this project (WAC 197-11-355). ANALYSIS The project site includes five contiguous parcels on which four existing houses and various accessory structures are located. The site was annexed into the City in 1994 and zoned R-2 (Medium Density Residential). However, the underlying Comprehensive Plan zoning designation of Mixed Residential allows for zoning districts RS -20, RS -12, RS -1, and R-1 through R-3. The applicant is seeking to rezone the property to R-3 in order to subsequently subdivide the five parcels into 109 multi -family duplex lots for zero lot line construction (Cedar Flats). Of the allowable zones under the Mixed Residential designation, the R-3 zone allows for the highest residential density at a rate of one dwelling unit for every 3,000 ft' of land area or 14.5 units per acre. Per the R-3 zoning provisions and zero lot line construction, each lot must be at least 3,000 square feet in size. This density equates to approximately 14.5 dwelling units per acre, which conforms to the Comprehensive Plan's suggested density of 5 to 20 dwelling units per acre for the Mixed Residential designation. The rezone site is 14.47 acres in area; barring the required right-of-way dedications, R-3 zoning will allow up to 210 multi -family lots on a site this size. The proposed Cedar Flats preliminary plat submitted by the developer to be considered concurrently with this rezone application indicates 109 multi -family lots to be created contingent upon the approval of the rezone. During the time of development, the City requires full improvement of right-of-way including curb, gutter, and sidewalk. The proposal is in compliance with the Comprehensive Plan's Land Use and Zoning maps. 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 rezone site was zoned R-2 in 1994 when it was annexed into the City. 2. The changed conditions which are alleged to warrant other or additional zoning: The property is considered "infill" property as development has occurred around it. Due to Pasco's rapid population increase, developing the remaining infill properties around the City has become crucial to accommodate future growth. By rezoning the property to R-3 which permits the creation of lots at a greater density than R-2, the applicant may then develop the property with more dwelling units to serve the population. 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 a multi family subdivision providing housing and job 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 may ultimately result in the establishment of a multi family residential subdivision consistent with the Comprehensive Plan. The applicant's end goal is to establish a medium density infill development; however, the vicinity is predominantly low- density single-family development. Even so, it is anticipated that the proposed use will either have no impact or positive 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: The property owner may choose to develop the property under the current R-1 zoning designation. INITIAL STAFF FINDINGS OF FACT Findings of Fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site consists of five contiguous parcels and is zoned R-2 (Medium Density Residential). 2. The site was annexed in 1994. 3. The site is approximately 14.47 acres. 4. The Comprehensive Plan identifies the site for Mixed Residential zoning which includes zones RS -20, RS -12, RS -1, and R-1 through R-3. 5. The applicant is seeking a rezone to R-3 in order to subdivide the parcels into 109 multi -family duplex lots for zero lot line construction. 6. The lot density of the proposed subdivision is contingent upon the approval of this rezone. 7. R-3 zoning permits a density at a rate of one dwelling unit for every 3,000 square feet of land area or 14.5 units per acre. 8. The Comprehensive Plan indicates that property designated as Mixed Residential should be developed with 5 to 20 dwelling units per acre. 9. Barring required right-of-way dedications, a property of this size may be divided into as many as 210 lots. 10. Development of the property under its current R-2 zoning designation would require a density of one dwelling unit per each 5,000 square feet. 11. The proposal is in compliance with the Comprehensive Plan's land use and zoning maps. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop Findings of Fact from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. a. 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 -B -A) encourages standards that control the scale and density of accessory buildings and homes to maintain compatibility with other residential uses. The effect of the proposal on the immediate vicinity will not be materially detrimental. a. The immediate area is shown in the Comprehensive Plan for Low Density and Mixed Residential zoning which permits the R-3 (Medium Density Residential) zoning district. 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. 3. There is merit and value in the proposal for the community as a whole. a. There is merit in developing parcels within the City in accordance with the goals and policies contained in the Comprehensive Plan. The proposed zoning is consistent with the Plan's Land Use Map. Providing an increased range of housing opportunities available in those areas currently served by municipal utilities and public transportation benefits the community as a whole 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. a. The Pasco Municipal Code includes design standards for residential and commercial development. If or when the applicant pursues the development of this property, he will be required to conform to design standards established by the PMC. No special conditions are proposed. 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. A Concomitant Agreement is not considered necessary for this application. RECOMMENDATION MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the January 17, 2019 staff report. MOTION: I move based on the Findings of Fact and Conclusions, as adopted, the Planning Commission recommend the City Council rezone five parcels in the 600 block of South Cedar Avenue from R-2 to R-3. -lay ZY LA X� n 0 r -I IRS g'7 buo 0 0 J MASTER FILE #: REPORT TO PLANNING COMMISSION PLANNING COMMISSION MEETING City Hall — 525 North Third Avenue — Council Chambers DATE: THURSDAY, JANUARY 17, 2019 7:00 PM PP 2018-009 APPLICANT: Knutzen Engineering 5453 Ridgeline Dr. Ste 120 Kennewick, WA 99338 REQUEST: PRELIMINARY PLAT: Cedar Flats (109 -Lot Multi -Family Subdivision for Zero Lot Line Construction) 1. 2. 3. 4. 64 BACKGROUND PROPERTY DESCRIPTION: LggL A Portion of Township 9 N, Range 30 E, Section 28 General Location: The 600 block of S Cedar Avenue Property Size: 14.47 acres Number of Lots Proposed: 106 multi -family duplexes and 3 single-family homes (109 dwellings total) Square Footage Range of Lots: 3,212 square feet to 18,160 square feet Average Lot Square Footage: 4,436 square feet ACCESS: The property has access from S Cedar Ave and the proposed extension of E Helena St UTILITIES: Municipal water and sewer service are located in S Cedar Ave and E Helena St LAND USE AND ZONING: The site is zoned R-2 (Medium -Density Residential). Surrounding properties are zoned and developed as follows: NORTH: R-2 Vacant EAST: R -1A SFDUs SOUTH: R -1A SFDUs WEST: R-1 SFDUs/Vacant COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for mixed residential development. According to the Comprehensive Plan, mixed residential development 1 means 5 to 20 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for mixed residential uses when or where sewer is available, when the location is suitable for home sites, and when there is a market demand for new home sites. Policy H -1-E encourages the advancement of home ownership and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU -2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. 6. ENVIRONMENTAL DETERMINATION: Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, testimony at the public hearing and other information, a Mitigated Determination of Non -Significance (MDNS) has been issued for this project (WAC 197-11-355). ANALYSIS The project site includes five contiguous parcels on which four existing houses and various accessory structures are located. The site was annexed into the City in 1994 and zoned R-2 (Medium Density Residential). The applicant intends to concurrently rezone the project site from R-2 to R-3—increasing the housing density as a result—and develop the site with zero lot line multi -family duplexes in phases. Of the allowable zones under the Mixed Residential designation, the R-3 zone allows for the highest residential density at a rate of one dwelling unit for every 3,000 ft' of land area or 14.5 units per acre. In this case, the applicant proposes 109 lots on 14.47 acres which calculates out to 7.5 units per acre. The proposed plat is a multi -family plat designed to promote home ownership on lots with R-3 densities. This proposal is identical to the process that was used for the development of the Island Estates Row Homes in the Island Estates subdivision (Phase 8), Mediterranean Villas and Columbia Villas Phases 1, 2 and 3. Each of these subdivisions was zoned for multi -family development and platted into individual lots. The lot lines within these subdivisions became the common boundary line separating the multi -family dwelling units built therein. This enables the dwelling unit to be solid individually addressing one of the Comprehensive Plan goals dealing with affordable housing. The final dwelling unit density and lot layout will be contingent upon the approval of the proposed rezone to R-3. Should the rezone be denied, the applicant will be required to alter the lot layout according to R- 2 zoning density standards and resubmit. The site borders one existing roadway—S Cedar Avenue—and will border the extension of E Helena St when it is constructed with phases 1 and 2. Much of the frontage along the site has not yet been improved with curb, gutter, sidewalk, etc. Construction of these improvements will be required as a part of the subdivision improvements and/or building permit approvals. Three of the four existing houses on the site will remain on scaled-down lots to be integrated with the rest of the development. All other structures will be demolished. The proposed plat will provide additional lots within the Urban Growth Area (UGA) for single-family homes consistent with the Comprehensive Plan. The proposed plat can be considered an infill development on property that has been vacant since it was platted in 1888. LOT LAYOUT: The proposed plat contains 109 residential lots. The lots vary in size from 3,212 square feet to 18,160 square feet. The average lot size is 4,436 square feet. The proposal is consistent with the density 2 requirements of the proposed R-3 zoning; however, the lot density must be altered if the current R-2 zoning district prevails. RIGHTS-OF-WAY: All lots have frontage on streets which will be dedicated. East Helena Street will be extended through the plat and the proposed east/west street labeled "Noelia Street' on the face of the plat will provide the development with additional ingress/egress. UTILITIES: Municipal water and sewer line are located in surrounding streets and will be extended to and through the plat to serve the new lots. A utility easement will be needed along the first 10 feet of street frontage of all lots. The final location and width of the easements will be determined during the engineering design phase. The front yard setbacks for construction purposes are larger than the requested easements; therefore, the front yard easements will not diminish the buildable area of the lots. The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. As a general rule, fire hydrants are located at street intersections and with a maximum interval of 500 feet between hydrants on alternating sides of the street. Streetlights are located at street intersections, with a maximum interval of less than 300 feet on residential streets, and with a maximum interval of 150 feet on arterial streets. The intervals for street light placements are measure along the centerline of the road. Street lights are placed on alternating sides of the street. STREET NAMES: The proposed street names have been shown on the face of the plat but are subject to change if necessary. IRRIGATION: There is no irrigation service in this neighborhood. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code Section 26.04.115(6) and Section 3.07.160. If no water rights are available to transfer to the City the property owner/developer must pay a water right fee in lieu thereof. INITIAL STAFF FINDINGS OF FACT State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning Commission to develop Findings of Fact as to how this proposed subdivision will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Findings of Fact': Prevent Overcrowding: Density, setback and parking requirements of the residential zoning districts are designed to address overcrowding concerns. The Comprehensive Plan suggests the property in question could be developed with 5 to 20 dwelling units per acre. The proposed plat has a density of approximately 7.5 units per acre. No more than 60 percent of each lot is permitted to be covered with structures per the proposed R-3 standards. Parks Opens Space/Schools: Park impact fees will be collected at the time of permitting to be used for park development including development of a large community park. Virgie Robinson Elementary School is located approximately half a mile northwest of the project site. The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to ameliorate the impacts of the proposed subdivision on the School District. At the request of the School District the City enacted a school impact fee in 2012. The imposition of this impact fee addresses the requirement to ensure there are adequate provisions for schools. A school impact fee in the amount of $4,700 per single-family unit and $4,525 per multi -family unit will be charged for each dwelling unit at the time of building permit issuance. Effective Land Use/Orderly Development: The plat is laid out for multi -family development as identified in the Comprehensive Plan. The maximum density permitted under the Comprehensive Plan is 20 dwelling units per acre. The developer is proposing a density of 7.5 units per acre. Safe Travel & Walking Conditions: The plat will connect to the community through the existing network of streets. Sidewalks are required in the R-3 zone and will be installed at the time homes are built on individual lots. The sidewalks will be constructed to current City standards and to the standards of the American's with Disabilities Act (ADA). The ADA ramps at the corners of all intersection will be installed with the construction of the road improvements. Adequate Provision of Municipal Services: All lots within the plat will be provided with water, sewer and other utilities. Provision of Housing for State Residents: This plat contains 109 residential building lots, providing an opportunity for the construction of 106 new dwelling units in Pasco. Adequate Air and Light: The maximum lot coverage limitations, building height restrictions and building setbacks will assure that adequate movement of air and light is available to each lot. Proper Access & Travel: The streets through and adjoining the plat have been or will be paved and developed to City standards to assure proper access is maintained to each lot. Connections to the community will be provided by S Cedar Avenue and E Helena Street. The Preliminary Plat was submitted to the Transit Authority for review. (The discussion under "Safe Travel" above applies to this section also.) Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the plat site for mixed - residential development. Policies of the Comprehensive Plan encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing for residents. Other Findings: • The site is within the Pasco Urban Growth Boundary. • The State Growth Management Act requires urban growth and urban densities to occur within the Urban Growth Boundaries. • The site is relatively flat with a gentle slope from the northeast to the southwest. • The site is not considered a critical area, a mineral resource area or a wetland. • The Comprehensive Plan identifies the site for Mixed -Residential development. • Mixed -Residential development is described in the Comprehensive Plan as 5 to 20 dwelling units per acre. • The site is zoned R-2 (Medium Density Residential); however, the applicant has concurrently submitted a rezone request from R-2 to R-3 for the subject property, which will increase the allowed housing density of the property if approved. • The plat's current lot density and layout is contingent upon the approval of aforementioned rezone. • The developer is proposing 7.5 dwelling units per acre with zero lot line construction. • The site falls within the landfill plume area. El • The Housing Element of the Comprehensive Plan encourages the advancement of programs that promote home ownership and development of a variety of residential densities and housing types. • The Transportation Element of the Comprehensive Plan encourages the interconnection of neighborhood streets to provide for the disbursement of traffic. • The interconnection of neighborhood streets is necessary for utility connections (looping) and the provision of emergency services. • Per the ITE Trip Generation Manual 9th Edition the proposed subdivision, when fully developed, will generate approximately 633 vehicle trips per day. • The current traffic impact fee is $709 per dwelling unit. The impact fees are collected at the time permits are issued and said fees are used to make traffic improvements and add traffic signals in the 1-182 Corridor when warranted. However, traffic impact fees apply only to new dwellings located west of 20th Avenue; therefore, traffic impact fees will not apply for this development. • The current park impact fee is $1,466 per dwelling unit. The fee can be reduced by 58 percent if a developer dedicates a five acre park site to the City. The dedication of a fully constructed park reduces the fee by 93 percent. • RCW 58.17.110 requires the City to make a finding that adequate provisions have been made for schools before any preliminary plat is approved. • The City of Pasco has adopted a school impact fee ordinance compelling new housing developments to provide the School District with mitigation fees. The fee was effective April 16, 2012. • Past correspondence from the Pasco School District indicates impact fees address the requirement to ensure adequate provisions are made for schools. • The plat is required to be development following all municipal codes relating to infrastructure improvements. • Plat improvements within the City of Pasco are required to comply with the 2015 Standard Drawings and Specification as approved by the City Engineer. These improvements include but are not limited to water, sewer and irrigation lines, streets, street lights and storm water retention. The handicapped-accessible pedestrian ramps are completed with the street and curb improvements prior to final plat approval. Sidewalks are installed at the time permits are issued for new houses, except sidewalks along major streets, which are installed with the street improvements. • Water lines and fire hydrants are required to be looped. An easement between two lots may be required to accomplish the looping. • Per PMC 12.36.050 the developer must extend all utilities to and through the subject parcel(s). • All engineering designs for infrastructure and final plat(s) drawings are required to utilize the published City of Pasco Vertical Control Datum. • All storm water generated from a developed plat is required to be disposed of per City and State codes and requirements. Prior to the City of Pasco accepting construction plans for review the developer is required to enter into a Storm Water Maintenance Agreement with the City. The developer is responsible for obtaining the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement is presented to the City of Pasco at the intake meeting for construction plans. • Storm water runoff and infiltration calculations must comply with the Storm Water Management Manual for Easter Washington, they must be provided for review and approval. Storm water calculations must be prepared, stamped, signed and dated by a currently licensed Professional Engineer registered in the State of Washington. • The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160. • The developer is responsible for all costs associated with construction, inspection, and plan review service expenses incurred by the City Engineering Office. • The City has nuisance regulations (PMC 9.60) that require property owners (including developers) to maintain their properties in a manner that does not injure, annoy, or endanger the comfort and repose of other property owners. This includes controlling dust, weeds and litter during times of construction for both subdivisions and buildings including houses. • Prior to acceptance of final plats developers are required to prepare and submit record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This form must be signed by the developer prior to construction plan approval. • The final plat will contain 10 -foot utility easements parallel to all streets. Additional easement will be provided as needed by utility providers. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed plat the Planning Commission must develop findings of fact from which to draw its conclusion (P.M.C. 26.24.070) therefrom as to whether or not: 1. Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs, a. The proposed plat will be required to develop underthe standards of the Pasco Municipal Code and the standard specifications of the City Engineering Division. These standards for streets, sidewalks, and other infrastructure improvements were designed to ensure that the public health, safety, and general welfare of the community are secured. These standards include provisions for streets, drainage, water and sewer service, and the provision for dedication of right-of-way. The preliminary plat was forwarded to the PUD, the Pasco School District, Cascade Gas, Charter Cable, Franklin County Irrigation District and Ben -Franklin Transit Authority for review and comment. Based on the School Districts Capital Facilities Plan the City collects school mitigation fees for each new dwelling unit. The fee is paid at the time of building permit issuance. The school impact fee addresses the requirements of RCW 58.17.110. All new developments participate in establishing parks through the payment of park fees at the time of permitting. 2. The proposed subdivision contributes to the orderly development and land use patterns in the area; a. The proposed plat is an infill development and is designed to make the most efficient use of vacant parcels of land. 3. The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; a. The Comprehensive Plan land use map designates the site for Mixed Residential development. Mixed Residential development is described as 5 to 20 dwelling units per acre in the text of the Comprehensive Plan. The Housing Element of the Plan encourages the promotion of a variety of residential densities and suggests the community should support the advancement of programs encouraging home ownership. The Plan also encourages the interconnection of local streets for inter -neighborhood travel for public safety as well as providing for traffic disbursement. 4. The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; a. Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps and narrative text of the Plan as noted in number three above. 5. The proposed subdivision conforms to the general purposes of the subdivision regulations; a. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and Findings of Fact. The Findings of Fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations provided certain mitigation measures (i.e., school impact fees are paid). 6. The public use and interest will be served by approval of the proposed subdivision, a. The proposed plat, if approved, will be developed in accordance with all City standards designed to ensure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through development of this plat. These factors will ensure the public use and interest are served. TENTATIVE PLAT APPROVAL CONDITIONS 1. No utility vaults, pedestals, or other obstructions will be allowed at street intersections 2. All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s). 3. The final plat(s) shall contain a 10 -foot utility easement parallel to all streets unless otherwise required by the Franklin County PUD. 4. The final plat(s) shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this Plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat." 5. The face of the plat shall include this statement:"As a condition of approval of this preliminary plat the owner has waived the right to protest the formation of a Local Improvement District for sewer/water/road/sidewalk improvements to the full extent as permitted by RCW 35.43.182." 6. Any existing water rights shall be transferred to the City as a condition of approval. If no water rights are available then the property owner shall payto the City, in lieu thereof, a water rights acquisition fee as established in the City Fee Summary Ordinance located in PMC 3.07. PMC 26.04.115. 7. A traffic impact analysis (TIA) will be required prior to development of any portion of this preliminary plat. The scope of this TIA must be submitted and approved by the City of Pasco. 8. The approval of this preliminary plat is contingent upon the approval of the rezone proposal submitted concurrently by the applicant. RECOMMENDATION MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the January 17, 2019 staff report. MOTION: I move based on the Findings of Fact and Conclusions, as adopted, the Planning Commission recommend the City Council approve the Preliminary Plat for Cedar Flats with conditions as listed in the January 17, 2019 staff report. n all ,,010 mill HE MINE in n �e a-= NOIDNIHSVM '00SYd 3AV OW03D 'S L 3SVHd SiV1d MV(130 Noiio Htl 1400 1N31 3ANI NV -1d ONISVHd 11Vi13AO 8 s 8 8 3 'V C) O , a V NOuonUISNOO 2JOJ iON H a 77 F:717 +11 5S' 11 `A CQ 77 J _ Lw� Z1o, -- ---I- IS 1S VN3l3H 3 ii a1 Q f-� '1 II J Q Z6161', 66,61 T a i� It 1� aot lm 69 m elm P), F. Zf 9_1a^—' cal lm �I 7Q S �A I§ I9 Ssj er I 1 pH I, OI r1SOl1V 3 JI I 98101 W I lm ❑W :� 1� _ 1 I: `-921m 1 I 69 lm 1 O[ lm �— I N � - -1 "m 1-7 ZZ le Im w'I`ili _ zc 2"T �a oe lm ml 1011 — ' 1 - Osnlm u 161 I- l 1 1 �r i �O _ _ -r1 _ -_- — a" P2 101 LL i I. TI a n�Z j.-'.1w-m..i-----_1S VI130N :_—_ •1� _rG tic im EqMi 21 1�1 I I J. ''95161 SSiq z A L9llIl I u161 1 __ 1 I 11 I� _ trim y LC Im 1 , I 69 101 w IMI� Z z tt� !til Q , A, 202/� � t� � <g �}\:. .: :. Tie'! � �I\ $� /� � � • - / } �� ; � � e ■ \ ( � � $fix f©% � � \ • ,§ � �� t � , . \\:. > � : .�� �� � «�\ • L �_N LSAV.�.5�9iR➢. ac. �Lt'5.:.'Y:w W51Ji." / MEMORANDUM TO PLANNING COMMISSION PLANNING COMMISSION MEETING City Hall — 525 North Third Avenue — Council Chambers DATE: THURSDAY, JANUARY 17, 2019 7:00 PM TO: Planning Commission FROM: Darcy Bourcier, Planner I SUBJECT: Single Room Occupancy in Commercial Zoning Districts (MF# CA 2018-004) Interest has been expressed to introduce single room occupancy (SRO) housing to Pasco—a form of affordable housing that the City does not currently practice or permit. SROs consist of multiple single room dwelling units with kitchens, bathrooms, and laundry facilities provided either within each unit or in a common area. Typically, this form of housing is rent only and directed at low-income residents, students, single tenants, or seasonal/traveling workers due to their smaller size and limited amenities. SROs are more common in larger cities near central business districts and are often converted from hotels/motels. Municipalities may determine the allowable minimum and maximum square footage for SRO units, but typically they range in size from 150 to 500 square feet based upon the amenities provided in each unit. Like hotels and apartments, SRO facilities have either an on-site manager or a management office. The City of Pasco has no provision in the Zoning Code to allow for this form of housing. In other cities, SRO housing is often more dense than what is typically permitted in even high-density residential districts and is also often permitted in commercial zones. In comparison, the most dense residential development the PMC permits is in the R-4 (High Density Residential) zoning district, which requires 1,500 square feet per dwelling unit. Furthermore, residential units are not permitted in commercial zones unless the units are above the ground floor of a commercial building and the residential use has been approved through the Special Permit process. SROs can benefit a city in various ways. These smaller, more affordable units can be one solution to a city's homelessness issues, as they are a suitable option for physically and mentally disabled residents or for those on fixed incomes. Additionally, since SROs commonly originate from existing hotels, developers have the opportunity to purchase and convert these hotels into SROs, therefore helping to bring nuisance properties up to city code. Conversely, SROs can concentrate lower income households in one area or facility, which can cause adverse impacts to overall neighborhood welfare. An example of unit layouts has been attached to illustrate the relative size of the units as well as the placement of amenities, should they be included within each unit. MOTION: I move the Planning Commission recommend to City Council the adoption of the proposed amendment for Single Room Occupancy Housing as contained in the January 17, 2019 Planning Commission staff report. 0 N chi N o d a i 3 a A o ° z o w Z oo i Pc?-i Y : Z n \ .. W ° _ m Q N � Z n i <S O w ei not ' u � Q a �0pn .,. D° bZ�n w Z F z O If E`s v _ F z i 0 z NZ§ XJ" w a" I = a O �s z W_ we CHAPTER 25.XX SINGLE ROOM OCCUPANCY Sections: 25.XX.XXX PURPOSE 25.XX.XXX DEFINITION 25.XX.XXX PERMITTED ZONES 25.XX.XXX DEVELOPMENT STANDARDS 25.XX.XXX PURPOSE. The purpose of these regulations is to allow single room occupancy (SRO) dwelling units within the City limits which provide high-density housing typically consisting of no more than two rooms per dwelling unit. 25.XX.XXX DEFINITION. "Single room occupancy" (SRO) shall be defined as a facility providing downsized dwelling units consisting of one to two rooms with occupancy per dwelling unit dictated by HUD guidelines. SRO facilities provide individuals with housing for a duration of thirty (30) days or more. Kitchens/kitchenettes and/or bathrooms may be located in the units or be located centrally for communal use. In zoning districts which allow SRO housing via Conditional Use Permit, the regulations contained herein shall be considered additional to those of the underlying zoning district. The provisions of this Chapter shall prevail in the event of conflicting standards presented in the underlying zoning district regulations. SRO housing must meet all building and zoning standards as dictated by the PMC. 25.XX.XXX PERMITTED ZONES. An SRO housing facility may be approved via Conditional Use Permit in the following order of preference: C-1 (Retail Business) C-2 (Central Business District) C-3 (General Business District) 25.XX.XXX DEVELOPMENT STANDARDS. Each SRO facility shall comply with all development standards for the applicable zoning district and the standards contained below. (1) SRO facilities shall not be subject to density standards. (2) SRO facilities shall follow the Department of Housing and Urban Development's (HUD) occupancy guidelines for single and double -occupancy units; (3) Single and double -occupancy units shall house no more than two (2) adults over the age of 18; (4) At least one (1) off-street parking space per two (2) units is required; (5) SRO facilities shall include 24-hour on-site management. A dwelling unit shall be designated for the manager; (6) Bathroom and kitchen/kitchenette facilities must be provided either within each dwelling unit or in a central location for common use with one full bathroom per every three units on a floor and one full kitchen per floor; (7) At least one handicapped accessible unit shall be required for every twenty (20) units; (8) One washer and dryer must be provided for every 20 units; (9) Mailboxes shall be provided for each unit; (10) Each SRO facility with 100 units or more shall have a minimum of 400 square feet of common indoor and/or outdoor recreational space; a. For SRO facilities exceeding 150 units, an additional 10 square feet of recreational space per unit is required; b. Landscaped areas less than eight (8) feet in width shall not be considered recreational space; (11) All common areas shall comply with all applicable ADA accessibility and adaptability requirements. MEMORANDUM TOPLANNING COMMISSION PLANNING COMMISSION MEETING .1 City Hall — 525 North Third Avenue — Council Chambers DATE: THURSDAY, JANUARY 17, 2019 7:00 PM TO: Planning Commission FROM: Jeffrey B. Adams, Associate Planner SUBJECT: Administrative Review of Right -of -Way Dedications and Short Plat Right -of -Way Improvements (MF# CA 2018-005) The purpose of a short plat is to provide an administrative method of land subdivision allowing the creation of nine or fewer lots meeting the zoning and subdivision requirements established in Titles 25 and 26, with the intent of promoting orderly and efficient community growth within the requirements of Revised Code of Washington (RCW) 58.17.035. Two issues which contribute to uncertainty in the short plat process include dedication of rights-of-way and lack of clear guidance for improving those rights-of-way. Administrative Dedication of Rights -of -Way First, the Pasco Municipal Code (PMC) specifies the location of structures, such as fences, homes, and outbuildings with reference to property lines. However oftentimes, due to lack of standardized subdivision regulations in times past, the property lines enter into areas recognized and used as road travel lanes. As such, if following the letter of the Pasco Municipal Code, a fence could have legally been placed in the center of a road; a house could have been located against the road asphalt. City resolution 1372 Section 2(1) dated September 15, 1980 allowed the City to withhold building permits until sufficient and appropriate rights-of-way consistent with current City standards, are dedicated for the required ... streets which are deemed necessary by the City for the proper circulation of traffic;" However the code is vague in that it could be interpreted to mean that each and every dedication of right-of-way must pass through the city Council for confirmation. As a matter of housekeeping, staff proposes to simplify the right-of-way dedication process and to outline the type and timing of improvements required in the rights-of-way, as follows: 26.04.040 EXCEPTIONS. The provisions of this Title shall not apply to: 5) The dedication of sufficient and appropriate public street right-of-wav where the Dropert line is located within 30 feet of the centerline of a clearly recognized and existing local access or collector public street; or within 40 feet of the centerline of a clearly recognized and existing primary or secondary arterial street; or within 50 feet of the centerline of a clearly recognized and existing primary arterial street containing a landscape median. 26.04.110 DEDICATION PROCESS. The dedication of easements, rights- of -way, parks and open space shall be accomplished by either submitting an individual document or by submitting a binding site plan, short plat or final plat for approval showing the dedication thereon. Acceptance by the City shall be identified by approval signatures on the documents listed above. Dedication of land may also be made to the City by the submitter of a signed dedication document containing a complete and accurate legal description of the property to be dedicated. Following acceptance of the dedication of rights-of-way via individual document, binding site plan, short plat final plat or other administrative process document by the City Manager or her/his appointee or in the case of preliminary plats or other quasi-judicial processes, acceptance of dedication by a majority affirmative vote of the City Council the dedication document shall be recorded in the office of the Franklin County Auditor. Legal Descriptions on Plats Second, a group of local surveyors have requested changes in legal descriptions required on short plats (see attached letter), noting that "The names of adjoining landowners is (1) irrelevant to a short plat, (and) (2) subject to frequent change and therefore not appropriate for a survey that becomes part of the permeant county record...." Staff proposes to eliminate verbiage in the Code which conflicts with these concerns, as follows: 26.36.070 APPLICATION - CONTENT. Applications for approval of short plats shall contain: 1. Six copies of a sketch (at a scale of one (1) inch to one hundred (100) feet) of the entire contiguous tract owned by the applicant subdivider, in a paper format of eighteen (18) inches x twenty-four (24) inches with two inch margins which shall show: (a) The owners of adjacent land and names of any adjacent subdivision; (b) A vicinity map; (c) Lines marking the boundaries of proposed lots, square footages of the proposed lots and number of each lot; (d) Approximate locations of existing roads, cul-de-sacs, alleys and ways or easements for such roads, and rights-of-way within and adjacent to the tract; (e) Location, dimensions and usage designations for all proposed and existing easements of record; (f) Proposed source of water supply and method of sewage disposal for each lot; (g) The legal description and parcel number of the said tract and legal descriptions of all proposed lots; (h) The name and address of the owner or owners of the said tract; (i) A completed Environmental Checklist form; (j) Land Surveyor Certificate; (k) Signatures of all recorded property owners agreeing to the division of property; (1) A utility easement and improvement statement shall be shown on the face of the short plat in a manner prescribed by the appropriate utility provider; (m) The signature block shall include the following: (i) City Engineer. (ii) City Planner Community and Economic Development Director. (iii) County Auditor. (iv) Franklin County Public Utility District or other utility district. (v) Irrigation District (when applicable). And; 26.36.080 ADMINISTRATIVE DUTIES. The City Planner Community and Economic Development Director or designee, is vested with the duty of administrating the provisions of this chapter. 1. An application for short plat approval shall be approved, approved with conditions, returned to the applicant for modifications or denied within thirty (30) days of its receipt by the City Planner Community and Economic Development Director or designee unless the applicant agrees, in writing, to an extension of this period. The City Planner Community and Economic Development Director or designee shall not be considered to be in receipt of an application for short plat approval unless and until such time as the application meets the requirements of Section 26.36.040, 26.36.050, 26.36.060 and 26.36.070, as determined by the City Planner Community and Economic Development Director or designee. (Ord. 3758 Sec. 1, 2006). 2. Upon receiving a complete application for short plat approval, the City Planner Community and Economic Development Director or designee shall transmit a copy of the short plat, together with copies of any accompanying documents as the City Planner Community and Economic Development Director or designee deems appropriate, to the following: (a) City Engineer, who shall review the proposed short plat with regard to its conformance to the general purposes of adopted traffic and utility plans, adequate provisions for storm drainage, streets, alleys, other public ways, parks and playgrounds, schools and school grounds, sidewalks and other planning features that assure safe walking conditions for students, water and sanitary sewer, and conformance to any applicable improvement standards and specifications; (b) Fire Chief, who shall review the proposed short plat with regard to adequate provisions for emergency access; (c) All property owners within 300 feet of the proposed short plat; (d) Any other City department, utility provider, school district or other public or private entity as the City Planner Community and Economic Development Director or designee deems appropriate. (Ord. 3758 Sec. 1, 2006). (3) In transmitting the proposed short plat to the parties referenced above, the City Planner Community and Economic Development Director or designee shall solicit their comments and recommendations, and note the date by which comments and recommendations must be received by the City Planner Community and 3 Economic Development Director or designee in order to be considered. Comments from property owners must be received by the City Planner Community and Economic Development Director or designee in writing within 10 days of the date of the notice in order to be considered. The City Planner Community and Economic Development Director or designee shall respond in writing to any property owner comments received within 5 working days of receipt of the comments. The respondent shall then have 7 days to file an appeal with the Community and Economic Development Director. Any comments received within the 10 day notice period shall be incorporated into the formal findings which will form the basis of the City Planner Community and Economic Development Director or designee's decision on the short plat. If no comments are received from any of the parties referenced above, the City Planner Community and Economic Development Director or designee shall make such findings as he/she reasonably deems appropriate. However, in every case a proposed short plat shall contain a statement of approval from the City Engineer, as to the survey data, the layout of streets, alleys and other rights-of-way, design of sewer and water systems and other infrastructure. The City Planner shall not approve a short plat, The short plat shall not be approved, which does not contain a statement signed by the City Engineer. (Ord. 3758 Sec 1, 2006; Ord. 3398 Sec. 2, 1999.) Right -of -Way Improvements Finally, as development of subdivisions is often drawn out and sometimes complicated by changes of ownership or other difficulties, confusion often arises over who determines ROW improvements, what improvements are required, and when those improvements need to occur. This Code Amendment proposes the following: 26.36.095 CONSTRUCTION OF IMPROVEMENTS REQUIRED. The City Engineer shall determine whether: 1. Public rights-of-way must be improved and utilities installed to the minimum requirements of this code and City Standards. 2. Required infrastructure improvements must be substantially completed as approved by the City Engineer. Minor improvements consisting only of sidewalks and landscaping where applicable, or similar improvements, may be secured by a plat bond. 3. In lieu of completion of these minor improvements, prior to recording of the short plat, a plat bond issued by a licensed corporate surety or two individual sureties or other approved surety must be provided, to the full amount of the cost of such work, as estimated bythe City Engineer, including construction inspection costs, but in no case less than $2,000.00 4. All or a portion of security will be released upon acceptance of the improvements by the City Engineer, or upon substitution of another guarantee or approved bond or security. 5. If, after two years, all improvements are not so improved, the City will cause the improvements to be provided in accord with the approved plans, and the costs thereof 4 must be paid by the bonding company, or out of the savings account assignment or other security. 6. In lieu of the plat bond, a cash bond, a certified check, an irrevocable letter of credit, or other surety approved by the City Attorney, equal to the cost of improvement multiplied by 125 percent may be posted. In addition, the City may require security up to two years against any defect in workmanship or materials in the installation of the improvements. The City of Kennewick specifies required subdivision improvements in section 17.13.095 of the Kennewick Municipal Code (KMC) and designates the Public Works Director to administer improvement requirements; The City of Richland lists improvement standards in Richland Municipal Code (RMC) 24.20 and designates the city engineer as the improvements code administrator/enforcer. Staff recommends the changes be made as per the attached proposed ordinance. Preliminary Findings 1. The purpose of a short plat is to provide an administrative method of land subdivision allowing the creation of nine or fewer lots. 2. The intent of Titles 25 and 26 is to promote orderly and efficient community growth within the requirements of Revised Code of Washington (RCW) 58.17.035. 3. Vague wording in the City Code concerning the dedication of and required improvements in rights-of-way provides uncertainty in the short -platting process. 4. The PMC specifies the location of structures, such as fences, homes, and outbuildings with reference to property lines. 5. Property lines often enter into existing road travel lanes, due to lack of standardized subdivision regulations in annexed areas. 6. A structure such as a fence could be approved for placement in the center of a road if following the letter of the Pasco Municipal Code. 7. City Resolution 1372 Section 2(1) dated September 15, 1980 allows the City to withhold building permits until sufficient and appropriate rights-of-way consistent with current City standards, are dedicated for the required ... streets which are deemed necessary by the City for the proper circulation of traffic;" 8. PMC 26.04.110 could be interpreted to mean that each and every dedication of right-of- way must pass through the city Council for confirmation, even though in some cases roadways have been in use for decades. 9. Local surveyors have requested the City eliminate the requirement of listing the names of adjoining landowners for the following reasons: i. It is irrelevant to a short plat; 5 ii. It is subject to frequent change and therefore not appropriate for a survey that becomes part of the permeant county record 10. PMC 26.36 is vague about the following: who determines ROW improvements, ii. what improvements are required, and iii. when those improvements need to occur. Staff recommends the changes to the Pasco Municipal Code be made to address each of the above concerns as per the attached proposed ordinance. RECOMMENDATION MOTION: I move the Planning Commission adopt the findings of fact as contained in the January 17, 2019 staff memo regarding Administrative Review of Right -of -Way Dedications and Short Plat Right -of -Way Improvements. MOTION: I move the Planning Commission recommend the City Council adopt the proposed code amendments regarding Administrative Review of Right -of -Way Dedications and Short Plat Right -of -Way Improvements as attached to the January 17, 2019 staff memo to the Planning Commission. 11 ORDINANCE NO. AN ORDINANCE AMENDING PMC TITLE 26 REGARDING THE DEDICATION OF PUBLIC RIGHTS-OF-WAY WHEREAS, cities have the responsibility to regulate and control physical development within their borders and to ensure public health, safety and welfare are maintained; and, WHEREAS, the purpose of Title 26.04 includes regulating the division of land within the Pasco Urban Area, promoting the health, safety, convenience, comfort, prosperity and general welfare of the present and future inhabitants of the Pasco Urban Area; reducing congestion and promoting safe and convenient travel by the public on streets and highways; promoting the effective use of land; providing for proper ingress and egress; and implementing the goals, objectives and policies of the Pasco Comprehensive Plan; and WHEREAS, RCW 35.21.100 grants cities the right to accept "property donated, devised, or bequeathed to it ... [and to] expend or use it for any municipal purpose;" and WHEREAS, RCW 35.21.880 allows, but does not require cities to "credit donations of right-of-way in excess of that required for traffic improvement against ... landscaping, parking, or other requirements;" and WHEREAS, City resolution 1372 Section 2(1) dated September 15, 1980 states in part "City approval of ... building permit applications, will not be given until sufficient and appropriate rights-of-way consistent with current City standards, are dedicated for the required ... streets which are deemed necessary by the City for the proper circulation of traffic;" and, WHEREAS, the City of Pasco contains numerous private parcels which do not contain sufficient and appropriate dedicated rights-of-way; and WHEREAS, some City of Pasco Municipal Code provisions, such as the placement offences and other structures, are based on the assumption of existing sufficient and appropriate rights- of-way; and WHEREAS, the City of Pasco is required to follow rule of law when issuing construction permits; and WHEREAS, the regulations must be driven by conformance with state and local law that protect public interest, health and safety; and, WHEREAS, in order to provide for the health, safety, and welfare of the community by regulating the dedication of public rights-of-way the City Council hereby approves the recommendation of the Planning Commission to amend the City of Pasco Municipal Code; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Pasco Municipal code 26.04.110 shall be amended as follows: 26.04.040 EXCEPTIONS. The provisions of this Title shall not apply to: 1) Cemeteries and other burial plots while used for that purpose; 2) Division of land not containing a dedication, in which the smallest lot created by the division exceeds five acres in area; 3) Divisions made by testamentary provisions of the laws of descent; 4) Any division of land for the purpose of adjusting the boundary lines between platted or unplatted lots or both, which does not create any new or additional lot, tract, site or division, which contains insufficient area and dimension to meet minimum requirements for a building site. 5) The dedication of sufficient and appropriate public street right-of-way where the property line is located within 30 feet of the centerline of a clearly recognized and existing local access or collector public street; or within 40 feet of the centerline of a clearly recognized and existing primary or secondary arterial street; or within 50 feet of the centerline of a clearly recognized and existing primary arterial street containing a landscape median. 26.04.110 DEDICATION PROCESS. The dedication of easements, rights- of -way, parks and open space shall be accomplished by either submitting an individual document or by submitting a binding site plan, short plat or final plat for approval showing the dedication thereon. Acceptance by the City shall be identified by approval signatures on the documents listed above. Dedication of land may also be made to the City by the submitter of a signed dedication document containing a complete and accurate legal description of the property to be dedicated. Following acceptance of the dedication of rights-of-way via individual document, binding site plan, short plat, final plat or other administrative process document by the City Manager or her/his appointee, or in the case of preliminary plats or other quasi-iudicial processes, acceptance of dedication by a majority affirmative vote of the City Council the dedication document shall be recorded in the office of the Franklin County Auditor. Section 2. That Pasco Municipal code 26.36.070 shall be amended as follows: 26.36.070 APPLICATION - CONTENT. Applications for approval of short plats shall contain: (1) Six copies of a sketch (at a scale of one (1) inch to one hundred (100) feet) of the entire contiguous tract owned by the applicant subdivider, in a paper format of eighteen (18) inches x twenty-four (24) inches with two inch margins which shall show: (a) The ewRe-s of adjaeeRt land and names of any adjacent subdivision; (b) A vicinity map; (c) Lines marking the boundaries of proposed lots, square footages of the proposed lots and number of each lot; (d) Approximate locations of existing roads, cul-de-sacs, alleys and ways or easements for such roads, and rights-of-way within and adjacent to the tract; (e) Location, dimensions and usage designations for all proposed and existing easements of record; lot; (f) Proposed source of water supply and method of sewage disposal for each (g) The legal description and parcel number of the said tract and legal (h) The name and address of the owner or owners of the said tract; (i) A completed Environmental Checklist form; (j) Land Surveyor Certificate; (k) Signatures of all recorded property owners agreeing to the division of property; (I) A utility easement and improvement statement shall be shown on the face of the short plat in a manner prescribed by the appropriate utility provider; (m) The signature block shall include the following: (i) City Engineer. (ii) GityPlanner Community and Economic Development Director. (iii) County Auditor. (iv) Franklin County Public Utility District or other utility district. (v) Irrigation District (when applicable). Section 3. That Pasco Municipal code 26.36.080 shall be amended as follows: 26.36.080 ADMINISTRATIVE DUTIES. The City P'RRReF Community and Economic Development Director or designee, is vested with the duty of administrating the provisions of this chapter. (1) An application for short plat approval shall be approved, approved with conditions, returned to the applicant for modifications or denied within thirty (30) days of its receipt by the Gity nv sy Plai;Ae Community and Economic Development Director or designee unless the applicant agrees, in writing, to an extension of this period. The '""�� �y PIaa;er Community and Economic Development Director or designee shall not be considered to be in receipt of an application for short plat approval unless and until such time as the application meets the requirements of Section 26.36.040, 26.36.050, 26.36.060 and 26.36.070, as determined by the City o�RneF Community and Economic Development Director or designee. (Ord. 3758 Sec. 1, 2006). (2) Upon receiving a complete application for short plat approval, the 6Fty-P-laaae� Community and Economic Development Director or designee shall transmit a copy of the short plat, together with copies of any accompanying documents as the Gity Plam,eF Community and Economic Development Director or designee deems appropriate, to the following: (a) City Engineer, who shall review the proposed short plat with regard to its conformance to the general purposes of adopted traffic and utility plans, adequate provisions for storm drainage, streets, alleys, other public ways, parks and playgrounds, schools and school grounds, sidewalks and other planning features that assure safe walking conditions for students, water and sanitary sewer, and conformance to any applicable improvement standards and specifications; (b) Fire Chief, who shall review the proposed short plat with regard to adequate provisions for emergency access; (c) All property owners within 300 feet of the proposed short plat; (d) Any other City department, utility provider, school district or other public or private entity as the Gity Pl@RReF Community and Economic Development Director or designee deems appropriate. (Ord. 3758 Sec. 1, 2006). (3) In transmitting the proposed short plat to the parties referenced above, the Qty Wa4FH.* Community and Economic Development Director or designee shall solicit their comments and recommendations, and note the date by which comments and recommendations must be received by the Community and Economic Development Director or designee in order to be considered. Comments from property owners must be received by the Gity PlanneF Community and Economic Development Director or designee in writing within 10 days of the date of the notice in order to be considered. City The Community and Economic Development Director or designee shall respond in writing to any property owner comments received within 5 working days of receipt of the comments. The respondent shall then have 7 days to file an appeal with the Community and Economic Development Director. Any comments received within the 10 day notice period shall be incorporated into the formal findings which will form the basis of the City PlanneF Community and Economic Development Director or designee's decision on the short plat. If no comments are received from any of the parties referenced above, the Gity Planner Community and Economic Development Director or designee shall make such findings as he/she reasonably deems appropriate. However, in every case a proposed short plat shall contain a statement of approval from the City Engineer, as to the survey data, the layout of streets, alleys and other rights-of-way, design of sewer and water systems and other infrastructure. The City Pk;n eF shall net .,.,...,..,,.....heFt pl& The short plat shall not be approved, which does not contain a statement signed by the City Engineer. (Ord. 3758 Sec 1, 2006; Ord. 3398 Sec. 2, 1999.) Section 4. That Pasco Municipal code 26.36.090 shall be amended as follows: 26.36.090 ADMINISTRATIVE DETERMINATIONS. The 'itY Plam;er Community and Economic Development Director or designee shall, after conferring with appropriate officials, determine whether: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and schools grounds, sidewalks and other planning features that assure safe walking conditions for students; (2) The proposed short plat contributes to the orderly development and land use patterns in the area; (3) The proposed short plat conforms to the policies, maps and narrative text of the comprehensive plan; (4) The proposed short plat conforms to the general purposes of applicable policies or regulations adopted by the City Council; (5) The proposed short plat conforms to the general purposes of this title; (6) The public use and interest will be served by permitting the proposed division of the land. (Ord. 3398 Sec. 2, 1999.) Section S. That a new section of Pasco Municipal code titled 26.36.095 shall be added as follows: 26.36.095 CONSTRUCTION OF IMPROVEMENTS REQUIRED. The City Engineer shall determine whether: (1) Public rights-of-way must be improved and utilities installed to the minimum requirements of this code and City Standards. (2) Required infrastructure improvements must be substantially completed as approved by the City Engineer. Minor improvements consisting only of sidewalks and landscaping where applicable, or similar improvements, may be secured by a plat bond. (3) In lieu of completion of these minor improvements, prior to recording of the short plat, a plat bond issued by a licensed corporate suretv or two individual sureties or other approved surety must be provided, to the full amount of the cost of such work, as estimated by the City Engineer, including construction inspection costs, but in no case less than $2,000.00 (4) All or a portion of security will be released upon acceptance of the improvements bvthe City Engineer, or upon substitution of another guarantee or approved bond or security. (5) If, after two years, all improvements are not so improved, the City will cause the improvements to be provided in accord with the approved plans, and the costs thereof must be paid by the bonding company, or out of the savings account assignment or other security. (6) In lieu of the plat bond, a cash bond, a certified check, an irrevocable letter of credit, or other surety approved by the City Attorney, equal to the cost of improvement multiplied by 125 percent may be posted. In addition, the City may require security up to two years against any defect in workmanship or materials in the installation of the improvements Section 6. That Pasco Municipal code 26.36.100 shall be amended as follows: 26.36.100 APPROVAL AND FILING. (1) If the Gity n ... ReF ,,eteF...;nes that the foregoing requirements are met, he she 5hall appFeve the short plat will be approved and transmitted @Rd ;";'i tFAA;^-'• the .......,,ved m••', - g to the applicant. Once approved the short plat will be returned to the applicant for recording with the County Auditor. (2) The applicant must provide the Gity P;a;aeT Community and Economic Development Director or designee one (1) paper copy of the recorded document and the County Assessor one (1) paper copy of the recorded document before the short subdivision becomes valid; (3) When a short plat is created in a digital format the applicant shall also provide the QtY PlaaaeFWith one copy of the short plat in a digital format as specified by the City Engineer and shall provide the County Assessor one copy of the short plat in a digital format as specified by the County Assessor. (Ord. 3398 Sec. 2, 1999.) Section 7. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this _ day of 2019. Matt Watkins Mayor ATTEST: Daniela Erickson City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney F E�& --- k.. --- --- w [ S� . |§ ii; Emil §¢ $ k !I ii E�& --- k.. --- --- w [ S� ii; Emil , %a2 \§ i I ;sin J | . i, ; & �| § §$ i � . ■§§) E�& --- k.. --- --- w [ S� 1 I I I I 1 n c 06 F z 3 0 a z F N O7J 4z z f � - 0 �4 aFN$ I I 4 oz I z¢ ' t:m U� CI I a8�` E-1 1 � 4•ZV I O O ' W a I z 41 -� F-I—I N o mo, a3 1 I �FU� 46 o � k ' I . I d� 1 I 1 I I I I 1 n 06 F Q 3 6 U f � - 0 1 ` I a a"� _____________________________ I 6 7 ______ 'l 1 'e 1PKily<K6Yx� e •). PIR - b " i 6G IRO aQQ x s W C�_ a § 8 1 a I c ll..1gSJ b "j B -1 � 5 r 1 I I �^ - P R _ m I 'SAE "I E 6 a R Y °.• 1 . r �E Llg L------------- $ € P gs 1 1122YK a y+ 3 ; A' V �f �p 6W Nial Lip, IAM_ ?m NIM011i — — — — — N $9 UY.LI.x�arl P z"` E g44k `iu ge �P pig 2 —i p l l l 'Mr I _ a �i F9�g 2 coVn op a9Z 3 -1� 4� � Lyng 8k Rs M €m�EliRE� ---� _ 16 APB „€ s8o 0 a 3H�: i< o3 l = r- -M- 01 a 6 u€ n Nit a k ® • .. r1 `3 s Re o'wt lz �:ea F3 l n S uvn eev \ 7 9 __ hit $ i ynix � I�IE®drM iNO 01 B .aYWS 3o1A.�Ow we�.�c 3pA�.leN } 3PAi.�eN Cal XO.MM S —- 30'm'WS ___________ p O U U g M (D 31Y 5 W Q q< 0 O PIN wl w mro a ozm x' osw mm a ,mroi gj.a NI 0lx I f �F�� I '$ a PJIIN 5 I Ii na Onx M Jxd R N� Ii aL'w p2' pi'w OL'w 11 C( V ]W 3EtlIW1a5 S p O U U g M (D 31Y 5 W Q q< 0 O Iw Z Or 0 O m a �3 z a^wy \ W o z N 3 3 O aF F., (nLLJ z z L Oo 0 a 1-Or�U G. 0a�UZ �O J F-4 � 3 � a =� n N N 4 w vi ~ N �O V 1 0 €I 8 ` \ G =� n ~ N Irorcli x LRS3 rxLl1 $^ Q Q Mou 9iNiM A T,3oMra r U O 89L61 o IS N U .I1Y19 yty W NN M61,CLOON LA53 OVO uj yra MON ic Ia fE � - Hg 9 ttu vnM�x c II p".a A � II k 0' 63 xINO < MM ]19 IIg Oo; "Cy _ oaML ILLJI I a n n aQI'M3Lw JOINMN AC ~ �g ffi��ao Oif IXN2 - I it �F 1 3 � IA53 Lx t c a III<$$ l Mal lil E �h GKi M-O[.90.t05 _ 4 �I,� uercu xry_ is M. I III ^�a�� X IL (61r{9t ryv LA53 A1I11111 13K3 No�IrxMvi .a Mox �i%r'e I � � N ONLMS x 11JA xry LA53 n3a,v u a 0 €I 8 =� n ~ N Irorcli x LRS3 rxLl1 $^ Q Q Mou 9iNiM A T,3oMra r U O o IS N U .I1Y19 yty W NN M61,CLOON LA53 OVO MON ic fE � - U 9 ttu vnM�x c II p".a A � II k 0' 63 xINO < MM ]19 IIg "Cy _ oaML ILLJI I a n n aQI'M3Lw JOINMN AC ~ �g Oif IXN2 - I it �F 1 3 � IA53 Lx t i� III<$$ l Mal x.uN.w �I,� uercu xry_ III ^�a�� REPORT TO PLANNING COMMISSION PLANNING COMMISSION MEETING City Hall — 525 North Third Avenue — Council Chambers DATE: THURSDAY, JANUARY 17, 2019 7:00 PM MASTER FILE #: Z 2018-009 APPLICANT: Howard Rowell/ Rowell Living Trust 11720 Pheasant Run Pasco,WA 99301 REQUEST: REZONE: Rezone 4 parcels from C-1 (Retail Business District) and RT (Residential Transition) to C-3 (General Commercial) BACKGROUND 1. PROPERTY DESCRIPTION: Leeals: Lot 1: That portion of Block 9, Washington Addition to Pasco, according to the Plat thereof recorded in Volume B of Plats, Page 54, AND that portion of vacated Butte Street right of way and Missoula Street right of way vacated by City of Pasco Ordinance 3996, recorded under Auditor's File number 1763039, records of Franklin County, Washington, described as follows: Commencing at the southeast corner of Lot 17 of said Plat; Thence, along the south line of said Block and coincident with the north right of way margin of East A Street, South 89°43'56" West, a distance of 250.32 feet to the southwest corner of Lot 16 of said Plat, in said block, which point is also on the east right of way margin of Heritage Boulevard; Thence, along the west line of said Block and coincident with said east right of way margin, North 0048'40" West, a distance of 230.00 feet to the TRUE POINT OF BEGINNING; Thence continuing along said east right of way margin and said Block, North 00°48'40" West, a distance of 190.00 feet to the northwest corner of Lot 1 of said Block 9, which point is on the south right of way margin of said vacated Butte Street; Thence continuing along said east right of way margin, North 00°48'40" West, a distance of 40.00 to the centerline of said vacated Butte Street; Thence, along said centerline, North 8943'59" East, a distance of 289.88 feet to the centerline of said vacated Missoula Street; Thence, along the centerline of said Missoula Street, South 00°52'00" East, a distance of 230.00 feet; Thence, leaving said centerline, South 89°43'56" West, a distance of 40.00 feet to the east line of Lot 25 of said Block 9; Thence, continuing South 89°43'56" West, a distance of 250.10 feet to the TRUE POINT OF BEGINNING. Lot 2: lots 1 thru 24 & lots 27 thru 32, block 10, Washington add together with vacated streets and alleys adjacent per Ordinance #3996 Lot 3: lots 25 & 26, block 10, Washington add together with vacated streets and alleys adjacent per Ordinance #3996 Lot 4: Washington add all Block 7 together with vacated streets and alleys adjacent per Ordinance #3996 General Location: At the Northeast corner of Heritage Boulevard and East "A Street (2800 Block of East "A" Street). Property Size: The parcel is Approximately 7.92 Acres and contains 4 lots, as follows: Lot # Sq Ft Acres Lot 1 66,671 1.53 Lot 2 131,208 3.01 Lot 3 6,700 0.15 Lot 4 140,263 3.22 Total 344,842 7.92 2. ACCESS: The parcel is accessible from East "A" Street and Heritage Boulevard. 3. UTILITIES: Water is available via an 8" line along the south side of East "A" Street and is stubbed to the site; an 8" sewer line runs along the north side of East "A" Street. 4. LAND USE AND ZONING: The lots are currently vacant except for a small block outbuilding on one of the lots, and are zoned as follows: Lot# APN I Zoning Lott 113884138 C-1 Lott 113883031 C-1 Lot 1138830401 C-1 Lot4 113883022 RT Surrounding properties are zoned and developed as follows: NORTH: RT Vacant EAST: RT One residential unit SOUTH: 1-1 Vacant WEST: C-1 & R -1-A Vacant & SFDUs 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial uses. Those portions of the community designated for commercial development by the Comprehensive Plan could be zone "0", C-1, C-2, C-3 CR and BP. Land Use Goal ED -2 encourages the appropriate location and design of commercial facilities within the City. ED -2-13 encourages the development of a wide range of commercial uses strategically located to support local and regional needs. 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 forthis application (WAC 197-11-355). 2 ANALYSIS Applicant is seeking to rezone several tax parcels located at the northeast corner of Heritage Boulevard and East "A" Street from C-1 (Retail Business District) and RT (Residential Transition) to C-3 (General Business), consistent with the Comprehensive Plan designation for the property. The site, platted in 1913 as the Washington Addition to Pasco, was originally designed as a residential neighborhood but was never developed. With the exception of a single small block outbuilding, the site is vacant. The site was annexed into the City in 1994 (Ordinance 3033) and assigned the Residential Transition zoning designation. The RT zone is typically used as a holding zone for areas that lack utility services. As utilities and infrastructure become available RT zoned properties are then zoned to match the land use designations of the Comprehensive Plan. In February of 2011 Applicant was granted a vacation (Ordinance 3996) of all streets and alleys within Blocks 7, 9, and 10 of Washington Addition. In 2016 a Comprehensive Plan Amendment was approved (Ordinance 4328), changing the Land Use Map designation of the area from Low -Density Residential and Mixed Residential/Commercial to Commercial. Applicant subsequently received approval for a rezone (Ordinance 3998; March 2011) of the southern portion of the area from RT (Residential Transition) to C-1 (Retail Business District). Under the current Comprehensive Plan land use designation of commercial, the property could be zoned for "O", C-1, C-2, C-3, CR, and BP zoning (C-2 zoning is only for the Central Business District). Applicant now wants to rezone the site from C-1 and RT to C-3 so as to expand the possible uses of the property. As per PMC 25.46.020 The following uses shall be permitted in the C-3 district 1. All uses permitted in the C-1/ C-2 districts; 2. Service stations; 3. Laundry; 4. Trucking, express and storage yards; 5. Wholesale business; 6. Heavy machinery sales and service; 7. Warehouse; 8. Landscape gardening and storage area for equipment and materials; 9. Automobile sales and service; 10. Mobile home and trailer sales and service; 11. Lumber sales business; 12. Veterinarian clinics for household pets (including indoor boarding facilities); and Parking lots within 500 feet of a C-2 district boundary provided, such lots are paved and the development complies with the landscape and fencing requirements of the C-1 district, as enumerated in subsection 25.42.020(13). Contractor's plant or storage yard provided such plant or yard is more than 300 feet from a residential district. Uses allowed in the C-3 Zoning District with a Special Permit include the following: 1. "Veterinarian clinics for livestock, including outdoor treatment facilities, provided all boarding or overnight holding of animals occurs indoors; 2. Auto body shops; 3. Parking lots; 4. Contractor s plant or storage yard within 300 feet of a residential district; and Unclassified uses." Rezone Criteria 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: Block 7 (APN # 113883022): The current zoning classification of RT (Residential Transition) became effective on July 23, 1994 (Ordinance 3033), upon annexation into the City. Blocks 9 & 10: (APNs #113884138 & #113883031) the C-1 zoning classification became effective March 12, 2011 (Ordinance 3998). 2. The changed conditions, which are alleged to warrant other or additional zoning: Heritage Boulevard has been upgraded and realigned to accommodate heavy truck traffic originating from the industrially zoned properties to the south, and some industrial uses have been developed to the southeast of the site. High-density housing has been developed to the east (Tierra Vida Apartments). 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 allow for development of a broader spectrum of commercial enterprises in the area, providing job 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 may ultimately result in the establishment of commercial services consistent with the Comprehensive Plan. Any development will require developers to install/upgrade street utilities and landscaping in the area, thus improving the value of surrounding properties on Lewis Street. Residential properties may decrease in value, or increase in value at a slower rate due to the proximity of more intense uses. 5. The effect on the property owner or owners if the request is not granted: Block 7 (APN # 113883022): Because the RT zoning permits single family homes on a minimum of 5 acres for development and the property zoned RT comprises approximately 3.2 acres, the property owners will be severely limited by the constraints of the RT zoning designation in their ability to either develop or to sell the property. Blocks 9 & 10: (APNs #113884138 & #113883031) Applicant would still be able to use the property for all uses permitted in the 'O' and C-1 zoning districts. 4 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. Applicant is seeking to rezone several tax parcels from C-1 (Retail Business District) and RT (Residential Transition) to C-3 (General Business), consistent with the Comprehensive Plan designation for the property. 2. The parcels are located at the northeast corner of Heritage Boulevard and East "A Street 3. The site was platted in 1913 as the Washington Addition to Pasco but was never developed. 4. The site was originally designed as a residential neighborhood. 5. With the exception of a single small concrete outbuilding, the site is vacant. 6. The site was annexed into the City in 1994 (Ordinance 3033). 7. The site was assigned the Residential Transition zoning designation at time of annexation. 8. The RT zone is typically used as a holding zone for areas that lack utility services. As utilities and infrastructure become available RT zoned properties are then zoned to match the land use designations of the Comprehensive Plan. 9. all streets and alleys within Blocks 7, 9, and 10 of Washington Addition were vacated in February of 2011 with Ordinance 3996. 10. AComprehensive Plan Amendment changing the Land Use Map designation of the area from Low - Density Residential and Mixed Residential/Commercial to Commercial was approved In 2016 (Ordinance 4328). 11. The southern portion of the site was rezoned from RT (Residential Transition) to C-1 (Retail Business District) via Ordinance 3998 in March 2011). 12. Under the current Comprehensive Plan land use designation of commercial, the property could be zoned for "0", C-1, C-2, C-3, CR, and BP zoning (C-2 zoning is only for the Central Business District). 13. Applicant has applied to rezone the site from C-1 (Retail Business District) and RT (Residential Transition) to C-3 (General Business). 14. As per PMC 25.46.020 The following uses are permitted in the C-3 district: a. All uses permitted in the C-1/ C-2 districts; b. Service stations; c. Laundry; d. Trucking, express and storage yards; e. Wholesale business; f. Heavy machinery sales and service; g. Warehouse; R h. Landscape gardening and storage area for equipment and materials; i. Automobile sales and service; j. Mobile home and trailer sales and service; k. Lumber sales business; I. Veterinarian clinics for household pets (including indoor boarding facilities); and Parking lots within 500 feet of a C-2 district boundary provided, such lots are paved and the development complies with the landscape and fencing requirements of the C-1 district, as enumerated in subsection 25.42.020(13). Contractor s plant or storage yard provided such plant or yard is more than 300 feet from a residential district. 15. The following uses are allowed in the C-3 Zoning District upon issuance of a Special Permit: m. "Veterinarian clinics for livestock, including outdoor treatment facilities, provided all boarding or overnight holding of animals occurs indoors; n. Auto body shops; Parking lots; o. Contractor' s plant or storage yard within 300 feet of a residential district; and Unclassified uses." The proposed rezone area is shown in the Comprehensive Plan for Commercial zoning. Commercial zoning permits the C-3 (General Commercial Medium) zoning district. The proposed rezone is consistent with the referenced plans; however, the area is adjacent a residentially zoned district which may suffer negative impacts from the more intense uses allowed in the C-3 zoning district. Staff recommends the provision of a concomitant agreement to mitigate for these possible impacts. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: 1. 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 Comprehensive Plan Policy LU -4-A, which recommends the City "Locate commercial facilities at major street intersections to avoid commercial sprawl and avoid disruptions of residential neighborhoods, and leverage major infrastructure availability." The site is at the intersection of two arterial streets; Heritage Boulevard and East "A" Street, both major truck routes. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The immediate area is shown in the Comprehensive Plan for Commercial zoning. Commercial zoning permits the C-3 (General Commercial Medium) zoning district. The proposed rezone is consistent with the referenced plans; however, the area is adjacent a residentially zoned area and uses allowed in the C-3 zoning district are typically buffered from residential uses by less intensive zoning districts. As such, this proposal may be materially detrimental to future nearby developments that will need to conform to the provision of the plans. A concomitant agreement is advisable. 3. There is merit and value in the proposal forthe community as a whole. The proposed zoning is consistent with the Plan's Land Use Map. The site is located at the intersection of two major truck routes (Heritage Boulevard and East "A" Street); Comprehensive Plan Policy LU -4-A requires the City to "Locate commercial facilities at major street intersections to avoid commercial sprawl and avoid disruptions of residential neighborhoods, and leverage major infrastructure availability." 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 Pasco Municipal Code includes design standards for commercial development. If or when applicants pursue the development of this property, they will be required to conform to design standards established by the PMC. No special conditions are proposed. 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 considered necessary for this application; the site is directly east of an existing residential development across Heritage Boulevard, and immediately adjacent zoned residential to the north and east. Typical separation of C-3 uses when the property develops should appear in the form of a solid block wall and landscaping elements as per PMC 25.75. Distance buffers from more intensive uses otherwise allowed within the C-3 zoning district may also be appropriate. RECOMMENDATION OPTION #1 MOTION: I move to close the hearing on the proposed rezone and set February 21, 2019 as the date for deliberations and the development of a recommendation for the City Council. OPTION #2 MOTION: I move to close the hearing and adopt Findings of Fact and conclusions therefrom as contained in the January 17, 2019 staff report. MOTION: I move based on the Findings of Fact and conclusions as adopted the Planning Commission recommend the City Council rezone the three parcels from C-1 and FIT to C- with restrictions contained in the Concomitant Agreement. "Exhibit # 1" CONCOMITANT ZONING AGREEMENT WHEREAS, the City of Pasco, Washington, a non -charter code city, under the laws of the State of Washington (Chapter 35A.63 R.C.W. and Article 11, Section 11 of the Washington State Constitution) has authority to enact laws and enter into agreements to promote the health, safety and welfare of its citizens, and thereby control the use and development of property within its jurisdiction; and WHEREAS, the Owner(s) of certain property have applied for a rezone of such property described below within the City's jurisdiction; and WHEREAS, the City pursuant to R.C.W. 43.12(c), the State Environmental Policy Act, should mitigate any adverse impacts which might result because of the proposed rezone; and WHEREAS, the City of Pasco and the Owner(s) are both interested in compliance with the Pasco Municipal Code provisions relating to the use and development of property situated in the City of Pasco, described as follows: Lot 1: That portion of Block 9, Washington Addition to Pasco, according to the Plat thereof recorded in Volume B of Plats, Page 54, AND that portion of vacated Butte Street right of way and Missoula Street right of way vacated by City of Pasco Ordinance 3996, recorded under Auditor's File number 1763039, records of Franklin County, Washington, described as follows: Commencing at the southeast corner of Lot 17 of said Plat; Thence, along the south line of said Block and coincident with the north right of way margin of East A Street, South 89°43'56" West, a distance of 250.32 feet to the southwest corner of Lot 16 of said Plat, in said block, which point is also on the east right of way margin of Heritage Boulevard; Thence, along the west line of said Block and coincident with said east right of way margin, North 0048'40" West, a distance of 230.00 feet to the TRUE POINT OF BEGINNING; Thence continuing along said east right of way margin and said Block, North 00`48'40" West, a distance of 190.00 feet to the northwest corner of Lot 1 of said Block 9, which point is on the south right of way margin of said vacated Butte Street; Thence continuing along said east right of way margin, North 00048'40" West, a distance of 40.00 to the centerline of said vacated Butte Street; Thence, along said centerline, North 8943'59" East, a distance of 289.88 feet to the centerline of said vacated Missoula Street; Thence, along the centerline of said Missoula Street, South 00°52'00" East, a distance of 230.00 feet; Thence, leaving said centerline, South 89°43'56" West, a distance of 40.00 feet to the east line of Lot 25 of said Block 9; Thence, continuing South 89"43'56" West, a distance of 250.10 feet to the TRUE POINT OF BEGINNING. Lot 2: lots 1 thru 24 & lots 27 thru 32, block 10, Washington add together with vacated streets and alleys adjacent per Ordinance #3996 Lot 3: lots 25 & 26, block 10, Washington add together with vacated streets and alleys adjacent per Ordinance #3996 Lot 4: Washington add all Block 7 together with vacated streets and alleys adjacent per Ordinance #3996 WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to ensure compliance with the Pasco Zoning Code, and all other local, state and federal laws relating to the use and development of the above described property; and WHEREAS, the City, in addition to civil and criminal sanctions available by law, desires to enforce the rights and interests of the public by this concomitant agreement, NOW, THEREFORE, In the event the above-described property is rezoned by the City of Pasco to C-3 (General Business) and in consideration of that event should it occur, and subject to the terms and conditions hereinafter stated, the applicant does hereby covenant and agree as follows: 1. The Owner(s) promise to comply with all of the terms of the agreement in the event the City, as full consideration herein grants a rezone on the above-described property. 2. The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement. 3. This agreement shall be binding on their heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described. 4. Conditions: A. A buffer consisting of a 6' tall architectural block wall, along with 10' of landscaping to be placed on the residential side of the wall as per PMC 25.75.040 shall be installed between all residential zoning districts and all C-3 uses. B. The following uses shall be prohibited within 300 feet of any residential district: a. Carwashes; b. Wineries as defined under 25.12.480; c. Dance halls and nightclubs; d. Trucking, express and storage yards; e. Heavy machinery sales and service; f. Warehouse; Concomitant Agreement PAGE 2 OF 3 g. Landscape gardening and storage area for equipment and materials; h. Automobile sales and service; i. Mobile home and trailer sales and service; j. Lumber sales business; k. Contractor' s plant or storage yard C. All uses permitted as conditional uses under PMC 25.46.040 are prohibited. The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above-described property: Owner: Owner: STATE OF WASHINGTON) ) ss. County of Franklin On this day of 2019, before me, the undersigned, duly commissioned and sworn, personally appeared to me known to be the individual(s) described above and who executed the within and foregoing instrument as an agent of the owner(s) of record, and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the said instrument. GIVEN under by hand and official seal this day of , 2019. Notary Public in and for the State of Washington, residing at Concomitant Agreement PAGE 3 OF 3 FZ+ U) �A VZ3ld uj LLI I VIIN N j //j / W GAI 3 lV LU Fes- o 00 44 33--S T--— - rl 4-1 O 00 C) aj �A VZ3ld uj LLI I VIIN N j //j / W GAI 3 lV LU Fes- o 00 44 33--S T--— - � R z N j V D g 3 3 N C p c A y t0 e�0 W i p NIVIINVZNVW p LL N w a m o LL () c � c D 0E >I CSC>> D OU DU D OD C�En QN14 DDD BUW M y U o o � UI L;I o r a/ 3 Al C O cc v Q N O W u O N jrA LL. CO) Z v >3AV VONO�VNV o � NqNO-11 - o W 2 LU W (7 10 $y N m Y 00 V NOSIOd ego p m O G> > N y p LO L tl1 3 LL Ct J U � io N WIQL W O N ISIm Y U 7 t6 > p v,p W � p R W H LL W J N W W y ��� , _� a'� . a CITY of PASco �ulllll����� ����llllllu� MEMORANDUM TO PLANNING COMMISSION PLANNING COMMISSION MEETING City Hall — 525 North Third Avenue — Council Chambers DATE: THURSDAY, JANUARY 17, 2019 7:00 PM TO: Planning Commission FROM: Jacob B. Gonzalez, Senior Planner SUBJECT: Shared Street Frontages (Lots) (MF# CA 2018-008) Background The purpose of this memorandum is to provide an update along with draft text for an amendment that would allow for shared street frontages, or lots without public street frontage. Interest and support for the amendment(s) have come from the residential development community, property owners and may also provide assistance as we plan to accommodate the additional population growth forecasted locally. Shared street frontages allow lots to have access via a private or shared driveway or street. The benefit of this would potentially enable the development of infill properties for housing in the city. Additionally, allowing private and/or shared access may encourage a more diverse housing stock and amount to be available in Pasco due to the various topographies, geographies and lot type. The city contains many "flag" lots, particularly in rural areas. In the example below, lot #1 is the primary/parent lot and is the only lot that has direct public frontage and street access. Housing units would not be allowed on lots #2 or #3 because they would not have public frontage. Allowing a shared driveway or private road would allow housing units to be permitted on the secondary lots. I I I I I I I I F3] F21 I I I I I I I PROPOSED I x I I y I FLAG LOT I I I I I I Shared Street/ Private Road I I I I I / igo-e I "flag" Lu! Evamplc Other applications of this amendment would be for the creation of serial lots without public street frontage. The Pasco Municipal Code permits Planned Unit Developments (25.62) as a method of providing innovative, creative and flexible techniques for land development in the city. Figure 2: San Willows, Planned Unit Development (Pasco, WA) The constraint with this particular method is the minimum site area as identified in Title 25.62.030 must be at least ten acres. This is a challenge for infill development within the city or smaller development opportunities. Allowing for shared street frontages would help the city in meeting many of the goals identified by the Washington State Growth Management Act (RCW 36.70A.020) including its goals on guiding urban growth where services can be provided, reducing urban sprawl, encouraging multi -modal transportation systems and promoting a variety of residential densities and housing. Additionally, the currently adopted Pasco City Comprehensive Plan identifies goals and policies for land use housing including the following: LU -3-13 Policy: Encourage infill and density including planned unit developments to, protect open space and critical areas, and provide recreation areas and amenities in support of more intensive, walkable neighborhoods. H-2: GOAL: Strive to maintain a variety of housing consistent with the local and regional market H -2-A Policy: Allow for a full range of residential environments including single family homes, townhomes, condominiums, apartments, and manufactured housing. Staff Comment Staff has prepared ordinances for review by the Planning Commission. With input from the Planning Commission, staff will revise the proposed ordinances and present the item as a continued public hearing for the February 2111, 2019 meeting. ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington Amending Section 26.16.040 "Minimum Lot Dimensions" to Allow for an Exception for "Flag" and, or, "Isolated" Residential Lots Public Frontage Requirements. WHEREAS, the City has pursuant to PMC 26.16 identified that regulating the division of land within the Pasco Urban Growth Area to promote the health, safety, convenience, comfort, prosperity and general welfare of the present and future inhabitants of the Pasco Urban Growth Area; and WHEREAS, the City has an inventory of isolated lots where the width exceeds the depth, creating constraints for efficient use of underutilized properties; and WHEREAS, the requirement for public road / frontage for each lot in isolated or "flag" lot instances deter development; and WHEREAS, the City Comprehensive Plan identifies the encouragement of infill and density development to protect open space and critical areas, accommodate population increases and provide support for more walkable neighborhoods (LU -3-B); and WHEREAS, the City recognizes that removing the requirement for public (street) frontage for residential lots may assist in meeting the goals of the City Comprehensive Plan, The Washington State Growth Management Act and City Council Goals. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 26.16.040 of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 26.16.040 MINIMUM LOT DIMENSIONS Lot areas shall conform to the requirements of Title 25. (1) Width and Depth: (a) Lot depth exceeding two and half (2 1/2) times the lot width shall be avoided. (2) Frontage. A minimum frontage area for each lot shall be required as follows: (a) Lots with less than ten thousand (10,000) square feet in area shall have a minimum frontage of sixty (60) feet except lots fronting on cul-de-sacs, which shall have a minimum frontage of thirty-five (35) feet and a width of fifty (50) feet or more at the setback line; (b) Lots with more than ten thousand (10,000) square feet in area shall 4 have a minimum frontage of ninety (90) feet except lots fronting on cul-de-sacs, which shall have a minimum frontage of thirty-five (35) feet and a width of fifty (50) feet or more at the setback line. (c) An exception to the public street frontage shall be granted to isolated "flag" residential lots with the written approval from the City of Pasco Community & Economic Development, Public Works, Engineering and Fire Departments. Section 2. That Section 26.16.040 of the Pasco Municipal Code shall be and hereby is amended and shall be consistent with the standards provided in Section 1 above. Section 3. This Ordinance shall take full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco at its regular meeting of , 2019. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Erick Ferguson, City Attorney ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington Amending Section 26.12.020 "Street Standards" to Include Standards for Private Streets in the Pasco Municipal Code WHEREAS, the City has pursuant to PMC 26.08.260 has defined Private Streets as a street of limited continuity, which serves, or is intended to serve, the local needs of the immediate community and has not been dedicated to the public (Ord. 3398 Sec.2, 1999.); and WHEREAS, the City has identified and categorized in PMC 26.12 the layout and standards of streets; and WHEREAS, the description, layout and standards for Private Streets are not identified in PMC 26.12; and WHEREAS, the City wishes to regulate the construction, layout and location of private streets within the City; and WHEREAS, private streets may provide an appropriate means of access for residential property development; and WHEREAS, adopting standards for private roads may encourage the residential development of infill properties or underdeveloped land within the city; and WHEREAS, private streets are widely used to encourage residential housing diversity development. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That a new Section 26.12.050 of the Pasco Municipal Code, shall be and hereby is created to include the following: 26.12.050 PRIVATE STREETS Maybe allowed where circumstances justify their approval and are to be built in accordance with the standards adopted herein. (1) The maximum number of lots that be served by a private street is: ? (2) The City shall not maintain private streets or signs within private easements or rights of ways (3) The face of any plat containing a private street shall state the following language: "The City of Pasco has no responsibility to improve or maintain the private streets contained within, or private streets providing access to, the property described in this plat." (4) Approval of private streets must accommodate: a) Storm water disposal b) Fire Department access and turnaround and comply with International Fire Code requirements c) Acceptable street grade creation d) Acceptable lighting e) Acceptable construction standards as approved by the City (5) All private streets must take considerations deemed necessary to provide for access, safety and wellness of community served Section 2. That Section 26.12.020 of the Pasco Municipal Code shall be and hereby is amended and shall be consistent with the standards provided in Section 1 above. Section 3. This Ordinance shall take full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco at its regular meeting of , 2019. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Erick Ferguson, City Attorney ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington Amending Section 25.62.030 "MINIMUM SITE AREA" for a Planned Unit Development WHEREAS, the City has pursuant to PMC 26.62 identified a Planned Unit Development to provide opportunities for innovation, creativity and flexibility in land development within the city; and WHEREAS, as identified in 25.62.070(4) that the basic density in planned unit development shall be established for each land use as provided in the zoning districts of Title 25 "Zoning"; and WHEREAS, the current minimum site area required for a PUD is ten acres as identified in 26.62.030 of the PMC WHEREAS, the City has underdeveloped and underutilized land that may accommodate future housing to accommodate population increases; and WHEREAS, the current minimum site area required of a PUD limits the availability of land for the development of creative and innovative housing techniques as promoted by the PUD; and WHEREAS, amending 25.62.030 to lower the minimum site area from the current ten acres required to five would encourage the infill of land for housing within the City WHEREAS, the infill of underdeveloped and underutilized land will assist the City in meetings its goals from the Comprehensive Plan. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 25.62.030 of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 25.62.030 MINIMUM SITE AREA The minimum site area for a PUD is five acres. Section 2. That Section 25.62.030 of the Pasco Municipal Code shall be and hereby is amended and shall be consistent with the standards provided in Section 1 above. Section 3. This Ordinance shall take full force and effect five days after passage and publication as required by law. M PASSED by the City Council of the City of Pasco at its regular meeting of , 2019. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Erick Ferguson, City Attorney MEMORANDUM TO PLANNING COMMISSION f PLANNING COMMISSION MEETING � r City Hall — 525 North Third Avenue — Council Chambers DATE: THURSDAY, JANUARY 17, 2019 7:00 PM TO: Planning Commission FROM: Jeffrey B. Adams, Associate Planner SUBJECT: Temporary Shelter (MF# CA 2019-001) After many years of decline, homelessness in Washington is growing despite significant investment and efforts to reduce it over the last decade. Factors contributing to this rise include escalating housing costs, inadequate mental health and chemical dependency treatment systems, the opioid crisis, inadequate coordination of prevention efforts and levels of funding on the local, state and federal government levels. Contributing Factors Around 15% of all homeless adults were identified as survivors of domestic violence in a 2014 survey of 25 US cities. Abuse often leads the victim to seek shelter away from the abuser. Victims of abuse frequently lack resources to support themselves and sometimes end up homeless. Between 20% and 25% of the homeless population in the United States suffers from some form of severe mental illness according to the Substance Abuse and Mental Health Services Administration. Serious mental illnesses disrupt people's ability to carry out essential aspects of daily life, such as self-care and household management. Mental illnesses may also prevent people from forming and maintaining stable relationships or cause people to misinterpret others' guidance and react irrationally. This often results in pushing away caregivers, family, and friends who may be the force keeping that person from becoming homeless. Roughly 32% of individuals experiencing homelessness suffer from addiction to drugs and alcohol—a figure approximately 20% higher than reported abuse of alcohol and illicit drugs by the general population. Communities and Homelessness Homelessness is a regional issue that is not confined to any particular city or county and is an issue that presents complex difficulties. Solving this issue is next to impossible by any single provider of government services. The cost of homelessness to taxpayers is significant in terms of increased police calls, emergency room visits and locally -funded homeless services. There are also indirect costs resulting from homeless services on public perception when those services are provided in business districts. Legal Issues Here in Washington State - many communities have experienced land use conflicts with homeless services and revitalization efforts - including neighboring communities here in our area. In March of 2017, City Council adopted an ordinance prohibiting unauthorized camping subject to the availability of alternative accommodations -however this prohibition applies only to parks and other public locations. Both state and federal law allow discretion to religious organizations that provide services for the homeless (including homeless shelters) and the needy as part of their core mission on property that is owned or controlled by them. In effect - this establishes a limited "pre-emption" of full local control of land use issues involving establishing and conducting homeless facilities or services. Both legal and municipal authorities recommend that communities prepare ordinances that detail the requirements for religious organizations that wish to sponsor homeless shelters or encampments - before the community is faced with an immediate application for a shelter. Municipalities cannot necessarily deny religious organizations from establishing shelters or encampments, but they can be reasonably regulated. The regulations would be driven by conformance with state and local law that protect public interest, health and safety. Possible Solutions In researching municipalities that have established standards for regulating such facilities a potential land use ordinance could include at least the following provisions relating to such shelters or encampments: • limiting the siting of such facilities on property owned or controlled by the religious organization; • requirement to meet appropriate setbacks, buffering and other standards; • limiting such facilities to specific zoning districts; • limiting the maximum number of residents; • requiring a minimum age for residents, e.g. eighteen; • establishing a code of conduct to include prohibitions on illegal drugs, alcohol, weapons, loitering and other behaviors; • conformance with state and local standards relating to drinking water, human and solid waste disposal, electric systems and fire systems; • the conduct of appropriate background and identification checks (ie; sex offenders and outstanding warrants) by the religious organization; • conformance to a minimum distance between other shelters or encampments; • conformance with a maximum time period for the duration of a shelter or encampment - including a separation period between such time periods; and irrevocable permission for the City to abate the use and reimbursement for those costs if the shelter or encampment is noncompliant with conditions of the ordinance or permit. 04 Preliminary Findings 1. Homelessness in Washington is growing. 2. Factors contributing to the rise in homelessness include but are not limited to the following: a. Escalating housing costs b. Inadequate mental health treatment systems C. Inadequate chemical dependency treatment systems d. The opioid crisis e. Inadequate coordination of prevention efforts, and f. Inadequate levels of funding on the local, state and federal government levels. 3. Around 15% of all homeless adults were identified as survivors of domestic violence. 4. Abuse often leads the victim to seek shelter away from the abuser. 5. Victims of abuse frequently lack resources to support themselves and sometimes end up homeless. 6. Between 20% and 25% of the homeless population in the United States suffers from some form of severe mental illness. 7. Serious mental illnesses disrupt people's ability to carry out essential aspects of daily life, such as self-care and household management. 8. Mental illnesses may also prevent people from forming and maintaining stable relationships or cause people to misinterpret others' guidance and react irrationally. This often results in pushing away caregivers, family, and friends who may be the force keeping that person from becoming homeless. 9. Roughly 32% of individuals experiencing homelessness suffer from addiction to drugs and alcohol. 10. The cost of homelessness to taxpayers is significant in terms of a. increased police calls, b. emergency room visits and C. locally -funded homeless services. 11. Homeless services provided in business districts affect public perception. 12. Many neighboring communities have experienced land use conflicts with homeless services and revitalization efforts 13. In March of 2017 City Council adopted an ordinance prohibiting unauthorized camping subject to the availability of alternative accommodations 14. The City of Pasco ordinance prohibiting unauthorized camping applies only to parks and other public locations. 15. Both state and federal law allow discretion to religious organizations that provide services for the homeless (including homeless shelters) and the needy as part of their core mission on property that is owned or controlled by them. 16. These state and federal laws establish a limited de facto "pre-emption" of full local control of land use issues involving establishing and conducting homeless facilities or services. 3 17. Legal and municipal authorities recommend that communities prepare ordinances that detail the requirements for religious organizations that wish to sponsor homeless shelters or encampments before the community is faced with an immediate application for a shelter. 18. Municipalities cannot necessarily deny religious organizations from establishing shelters or encampments, but they can be reasonably regulated. 19. The regulations must be driven by conformance with state and local law that protect public interest, health and safety. Staff recommends an ordinance (as per attached), permitting homeless uses via Hearing Examiner Special Permit review process. The Planning Commission shall conduct a public hearing, and if more discussion is necessary, continue the public hearing to the February 21, 2019 meeting. MOTION: I move to close the hearing on the proposed code amendment and set February 21, 2019 as the date for deliberations and the development of a recommendation for the City Council. 4 Codes of Conduct for Homeless Encampments If your agency has made the decision to allow a homeless encampment to remain on public land, even temporarily, but you are not entering into a formal lease agreement with a third party (e.g., a nonprofit agency) to manage the camp, consider working with the camp residents early on to establish camp codes of conduct. This allows your agency to exert some control over who is in the encampment, what activities take place, and how the site will be maintained. Setting these rules also helps establish clear expectations, both of your agency and of the camp residents, and clear consequences and enforcement procedures if those expectations are not met. Finally, developing codes of conduct with camp residents can also help to build trust and respect between parties, which is very important to ensuring smooth and productive future interactions. Potential Elements to Consider in Developing a Homeless Encampment Code of Conduct • Presence of drugs or alcohol • Presence of weapons • Presence of residents with criminal history (what kind of background is okay, what is not) • Presence of children (particularly if sex offenders are allowed to live in the camp) • Presence of pets (Remember to allow assistance animals) • Loitering in surrounding areas • Open flames • Quiet hours • Participation in site maintenance u» Security shifts »» Number of volunteer hours required per month • Participation in camp governance vu Attendance at weekly meetings • Check -ins: Periodic meetings with social service providers or other city or agency representatives to demonstrate that they are searching for work or permanent shelter • How new residents are admitted w) Vote by existing camp residents Homeless Shelter Code of Conduct Examples TO – Code of Conduct—All Tent City 3 residents must adhere to the camp's Code of Conduct: 1) No alcohol or drugs are permitted; sobriety is a must 2) No weapons are allowed 3) No men in women's tents/no women in men's tents 4) No loitering in the surrounding neighborhood 5) Quiet time imposed from 9 pm to 8 am 6) No open flames are permitted 7) No violence or crime is tolerated 8) Cooperation and participation in camp maintenance is expected Dignity Village-- 5 Basic Rules: 1) No violence to yourself or others. 2) No theft 3) No alcohol, illegal drugs, or drug paraphernalia on-site or within a 1 -block radius 4) No constant disruptive behavior 5) Everyone must contribute to the operation and maintenance of the Village. Everyone must do a minimum of 10 hours "sweat" equity a week. 6) Everyone must pay the required insurance fee of $35.00 by the 5th day of every month. SHARE/WHEEL Tent City—Code of conduct We, the people of share/wheel, in order to keep a more harmonious community, ask that you observe the following code of conduct: 1) Share/wheel's tent city is a drug and alcohol free Zone. Those caught drinking or using drugs will be Asked to leave. Sobriety is required. 2) No weapons are allowed. Knives over 3-1/2 inches must be checked in. 3) Any violence will not be tolerated. Please attempt to resolve any conflict in a creative and peaceful manner. 4) Degrading ethnic, racist, sexist or homophobic Remarks are not acceptable. No physical punishment, verbal abuse or intimidation Will be tolerated. 5) We are a community. Please respect the rights and privacy of your fellow citizens. 6) No men in the women's tents. No women in the men's tents. No open flames. No loitering or disturbing neighbors. No trespassing. 7) Attendance of at least one of the several community Meetings held through the week is required. Days and times will be posted so that you may work it into your schedule. 8) If these rules are not respected and enforced Tent City may be permanently closed. ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington Creating Chapter 25.99 "Homeless Temporary Shelters" WHEREAS, RCW 35A.21.360 allows for religious organizations to host temporary shelters for the homeless on property owned or controlled by the religious organization whether within buildings located on the property or elsewhere on the property outside of buildings; and WHEREAS, the City wishes to establish a system that protects public health and safety and does not substantially burden the decisions or actions of a religious organization regarding the location of housing or shelter for homeless persons on property owned by the religious organization; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 25.99 of the Pasco Municipal Code entitled "Homeless Temporary Shelters" shall be and hereby is created and shall read as follows: Chapter 25.99 HOMELESS TEMPORARY SHELTERS Sections: 25.99.010 Purpose and Duty. 25.99.020 Definitions. 25.99.030 Special Permit Required—Who May Apply. 25.99.040 Application Procedures. 25.99.050 Requirements for Approval. 25.99.060 Process for Final Approval. 25.99.070 Requirements Upon Approval. 25.99.080 Fire, Safety, and Health. 25.99.090 Limitations. 25.99.100 Revocation. 25.99.110 Proof of Insurance. 25.99.120 Emergency Shelters. 25.99.130 Penalty for Violations. 25.99.140 Severability. 25.99.010 PURPOSE AND DUTY. The City recognizes the rights of religious organizations to exercise their religious liberties and understands that this religious exercise may include hosting those who are homeless or transient. It is the purpose of this Chapter to provide Ordinance Creating Chapter 25.99 Homeless Encampments - 1 a standardized application process for a special permit for those religious organizations wishing to host homeless persons. It is also the purpose of this Chapter to provide for standards that will protect the health, safety, and welfare of both the hosted residents and the public. Nothing in this Chapter is intended nor shall be construed to create or form the basis of liability on the part of the City or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City related in any manner to the interpretation or enforcement of this Chapter by its officers, employees, or agents. 25.99.020 DEFINITIONS. For the purposes of this Chapter, the following words and terms shall have the meaning ascribed to them by this section: A) "Approved shelter" means a car, tent, trailer, camper, or a structure approved by the Director or his/her appointee that is less than 100 square feet in total floor area and has no kitchen or plumbing facilities but may have electricity so long as the wiring has been inspected and approved by the appropriate governmental agency. B) "City" means the City of Pasco, Washington. C) "Department" means the City's Community & Economic Development Department. D) "Director" means the Director of the City's Community & Economic Development Department. E) "Entrance attendee" means an individual appointed by the managing agency that is at least eighteen years of age and at least one of the following: 1) A volunteer, agent, member, or employee of the managing agency; or 2) A permitted temporary shelter resident authorized by the managing agency to serve as the entrance attendee. (F) "Managing agency" means a religious organization applying for, hosting, and operating a permitted temporary shelter that owns or controls the site where the permitted temporary shelter is or will be situated. G) "Managing agency contact" means an individual appointed by the managing agency that is at least eighteen years of age and a volunteer, agent, member, or employee of the managing agency that serves as the contact person for the managing agency available twenty- four hours a day, seven days a week. The managing agency contact need not be a singular individual. Ordinance Creating Chapter 25.99 Homeless Encampments - 2 H) "Occupancy registration" means a City -issued permit for the operation of a noncommercial use not otherwise regulated by Chapter 5.04 PMC. 1) "Permitted temporary shelter" means a temporary shelter operated by a managing agency that provides housing or shelter to homeless persons in compliance with the provisions of this Chapter. J) "PMC' means the Pasco Municipal Code; K) "Religious organization" means the federally -protected practice of a recognized religious assembly, school or institution that owns or controls the property upon which a permitted temporary shelter is located or proposed. L) "Site" means the property or part of the property where the permitted temporary shelter is or will be situated. M) "Special permit" means a special permit granted to a religious organization by the City's Community & Economic Development Department to host and serve as the managing agency of a permitted temporary shelter. 25.99.030 SPECIAL PERMIT REQUIRED — WHO MAY APPLY. A) For-profit businesses otherwise regulated by Title 5 PMC are excluded from the provisions of this Chapter. B) It is unlawful for any person to erect, maintain, place, permit to be or remain in or upon any private lot, building, structure or premises in the City any temporary camp, encampment, shelter, or collection of shelters that allows for homeless or transient individuals to stay overnight without a valid special permit for a permitted temporary shelter granted by the City. This Subsection shall not apply to residents or visitors of any temporary camp, encampment, shelter, or collection of shelters unless they own or control the private lot, building, structure or premises where the temporary camp, encampment, shelter, or collection of shelters is situated or are a volunteer, agent, member, or employee of the person that owns or controls the private lot, building, structure, or premises. C) Special permits for a permitted temporary shelter shall be granted only to bona fide, tax-exempt religious organizations. 25.99.040 APPLICATION PROCEDURES. Each managing agency shall apply for a special permit under this section and shall certify compliance with all applicable requirements for approval and conditions of this Chapter and the application. Ordinance Creating Chapter 25.99 Homeless Encampments - 3 A) As part of the special permit review process the managing agency shall submit an application to the Department containing the following information: 1) The name, street address, and telephone number of the managing agency; 2) The name, street address, and telephone number of the managing agency contact; 3) A site plan showing the proposed location, street address, dimensions, and layout of the proposed permitted temporary shelter; 4) The length of time the managing agency expects to operate the proposed permitted temporary shelter; 5) A signed and notarized statement from the owner of the Site stating that the managing agency lawfully owns or controls the site in a way that will endure for at least the expected operational time of the proposed permitted temporary shelter specified in the application; 6) The maximum number of residents proposed at the proposed permitted temporary shelter; 7) The dates the managing agency intends to begin and end operation of the proposed permitted temporary shelter; 8) A copy of the managing agency's plan for reporting the period of time residents resided at the proposed permitted temporary shelter and when residents left the proposed permitted temporary shelter to live in permanent housing or other temporary housing; 9) A copy of the managing agency's operations and security plan and a code of conduct that satisfies the requirements of PMC § 25.99.050(B); and (10) Proof of insurance that satisfies the requirements of PMC § 25.99.110. B) Other special conditions not present in Subsection (A) of this Section may be required of the managing agency as part of the special permit review process at the discretion of the Department. C) There shall be no fee required of an applicant qualified to apply for and receive a special permit for a permitted temporary shelter under this Chapter. Ordinance Creating Chapter 25.99 Homeless Encampments - 4 D) In addition to the requirements for special permit review, the following additional procedures apply: 1) Occupancy Registration Required. Upon receipt of a special permit the managing agency shall obtain an occupancy registration pursuant to Chapter 5.07 PMC through the Department a minimum of fourteen days before the proposed date of establishment for the permitted temporary shelter. The Occupancy Registration shall be valid for a maximum of one hundred eighty (180) days. 2) Pasco School District #1 Notified. In addition to the notice requirements of Title 4 PMC, upon receipt of an application for a special permit for a permitted temporary shelter the Director shall send a copy of the application to the administrative offices of the Pasco School District #1 for its review and consideration. 3) Continuum of Care/Mental Health Providers Notified. In addition to the notice requirements of Title 4 PMC, upon receipt of an application for a special permit for a permitted temporary shelter the Director shall send a copy of the application to the administrative offices of the Pasco Continuum of Care and/or to mental health providers within the city of Pasco for review and consideration. 25.99.050 REQUIREMENTS FOR APPROVAL. The City may issue a temporary and revocable special permit for a permitted temporary shelter subject to the following criteria and requirements: A) Site Criteria. 1) Size. The property must be sufficient in size to accommodate the maximum number of residents and, for permitted temporary shelters not situated within a permanent structure, must have necessary on-site facilities, including but not limited to the following: (a) A food tent or building and host tent or building; (b) Sanitary toilets in the number required to meet capacity guidelines; (c) Hand washing facilities near the toilets and by any food areas; and (d) Refuse receptacles. (e) Verified service contracts for all temporary facilities for the duration of the temporary shelter 2) Water Source. The managing agency shall provide an adequate source of potable water to the permitted temporary shelter as approved by the City. 3) Sensitive Areas. No permitted temporary shelter shall be located within a sensitive or critical area or its buffer as defined in Title 28 PMC. Ordinance Creating Chapter 25.99 Homeless Encampments - 5 4) Limitation on Residents. For each permitted temporary shelter, the Department shall determine if the proposed maximum number of residents at the permitted temporary shelter is so great as to endanger public health and safety. In making this determination, the Department may consider the site's size, location, structures, and any other relevant factors. 5) Parking. The site shall provide an adequate number of parking spaces for the number of vehicles used by permitted temporary shelter residents and staff. If the site has other uses besides the permitted temporary shelter, it shall be shown that the permitted temporary shelter will not create an undue shortage of required on-site parking for the other use or uses on the property. 6) Public Transportation. Whenever possible, the permitted temporary shelter should be located within one quarter mile of a bus stop with service seven days per week. If the permitted temporary shelter is not located within one quarter mile of a bus stop with service seven days per week, the managing agency shall demonstrate the ability for residents to obtain access to the nearest public transportation stop, such as carpools or shuttle buses. 7) Screening. The permitted temporary shelter shall be adequately buffered and screened to be sight -obscuring from adjacent rights-of-way and residential properties. Screening shall be a minimum height of six feet and may include, but is not limited to, a combination of fencing, landscaping, or the placement of the permitted temporary shelter behind buildings. The type of screening shall be approved by the City. 8) Privacy for Sanitary Facilities. All sanitary portable toilets shall be screened to be sight -obscuring from adjacent properties and rights-of-way. The type of screening shall be approved by the City and may include, but is not limited to, a combination of fencing and/or landscaping. 9) Distance Requirements to Sensitive Land Uses. No permitted temporary shelter shall be permitted within three hundred feet of a licensed child daycare facility or any public or private pre-school or elementary, middle, or high school. However, this prohibition may be waived by provisions contained in the special permit if the owner of such daycare or school states in a signed and notarized statement that he or she agrees to the placement of the permitted temporary shelter on that site. Any such statement must be submitted to the Department either with the application for a special permit or within seven calendar days of the application's submission. 10) Approved Shelters. Except as provided in Subsection C of this Section, no permitted temporary shelter shall be permitted unless the managing agency plans to shelter residents in approved shelters provided by the managing agency, provided by the residents themselves, or otherwise provided for the residents. Ordinance Creating Chapter 25.99 Homeless Encampments - 6 B) Security. 1) Operations and Security Plan. The managing agency shall demonstrate the capacity to implement the operations and security plan required by PMC § 25.99.040(A)(9). 2) Code of Conduct. The managing agency shall ensure that the permitted temporary shelter has a written, enforceable code of conduct which at a minimum prohibits alcohol, nonprescribed drugs, weapons, violence, and open fires. The code of conduct should also address other issues related to camp and neighborhood safety. The managing agency shall demonstrate the capacity to enforce the code of conduct. 3) In addition to the standards in this subsection, the managing agency may adopt and enforce additional code of conduct conditions not otherwise inconsistent with this section. C) Indoor Permitted Temporary Shelters. The special permit mayallow for an indoors permitted temporary shelter inside a permanent building or structure subject to the following criteria and requirements: 1) Compliance with Building Codes. An indoor permitted temporary shelter shall comply with the requirements of the City's building codes. However, pursuant to RCW § 19.27.042, the City's Inspection Services Division shall have the authority to exempt code deficiencies, but in no event will it exempt code deficiencies constituting a clear and present, grave and immediate danger to public health or safety. 2) Building Criteria. The buildings proposed for use shall be of sufficient size to accommodate the residents and must have necessary on-site facilities, including but not limited to the following: (a) An adequate supply of potable water; (b) Sanitarytoilets in the number required to meet capacity guidelines; (c) Hand washing facilities by the toilets and food areas; (d) Refuse receptacles; and (e) Kitchen facilities for food preparation. Ordinance Creating Chapter 25.99 Homeless Encampments - 7 (3) All applicable health standards for providing and using facilities required under Subsection (C)(2) of this Section shall be satisfied as required by the City's Inspection Services Division. 25.99.060 PROCESS FOR FINAL APPROVAL. Applications for a special permit for a homeless temporary shelter shall be processed pursuant to Title 4 PMC. 25.99.070 REQUIREMENTS UPON APPROVAL. A) Signed Agreement. All permitted temporary shelter residents must sign an agreement to abide by the code of conduct required by PMC § 25.99.050(B)(2). Failure to do so shall result in the noncompliant resident's immediate and permanent expulsion from the permitted temporary shelter. The managing agency shall be responsible to enforce each agreement. (B) Log of Overnight Guests. The managing agency shall keep a digital log of all individuals who stay overnight in the permitted temporary shelter. The log shall include the name and date of birth of each individual, and the dates that the individual spent at the permitted temporary shelter. The log must be kept reasonably up-to-date. The log shall be maintained by the managing agency for a minimum of six months after it was last revised and shall be made available to the City's Police Chief and the Director upon request. C) Identification. The managing agency shall require verifiable photo identification documents of each and every individual who stays overnight in the permitted temporary shelter. Acceptable forms of photo identification documents for purposes of this section include a driver's license, government -issued identification card, military identification document, or passport. If a verifiable photo identification document cannot be obtained, the individual must agree to be fingerprinted or the individual shall not otherwise be admitted to the camp. If the managing agency cannot obtain fingerprints from individuals, the City must either offer the services of the City's Police Department to provide fingerprinting services at the site at no cost to the managing agency or issue the managing agency a waiver of the fingerprinting requirements of this subsection for each permitted temporary shelter. D) Simple Background Checks. The managing agency shall engage the City's Police Department to use the verifiable photo identification document to check each individual who stays overnight in the permitted temporary shelter for outstanding in-state and out-of-state warrants and the individual's potential registered sex offender status. The City must either offer the services of the City's Police Department to provide these background check services at no cost to the managing agency or issue the managing agency a waiver of the background check requirements of this subsection for each permitted temporary shelter. 1) Outstanding Warrants. If any warrant check reveals an existing or outstanding warrant from anyjurisdiction in the United States, the managing agency shall Ordinance Creating Chapter 25.99 Homeless Encampments - 8 immediately report the finding to the City's Police Department for the apprehension of the individual. 2) Sex Offender Status. If the sex offender status check reveals that the individual is a registered sex offender, the individual shall not be admitted to the permitted temporary shelter. E) Security. The managing agency shall ensure the permitted temporary shelter is secure and managed to strictly prohibit alcohol, prohibited drugs, weapons, fighting, abuse of any kind, littering, or other nuisances while located on the property. As necessary, the City's Police Department shall be available to enforce state and local laws and ordinances. The managing agency may be billed for excessive use of City Police Department resources. F) Entrance/Host Tent or Building; Entrance Attendee. The managing agency shall ensure there is an entrance/host tent or building at the permitted temporary shelter that is staffed twenty-four hours a day and seven days a week by at least one entrance attendee. G) Managing Agency Contact. The managing agency contact shall serve on-call and be available for the entrance attendee twenty-four hours a day and seven days a week. The managing agency contact shall be available to provide help and assistance to the entrance attendee as may be necessary to ensure the permitted temporary shelter functions properly. H) Enforcement. The entrance attendee staffing the entrance shall notify the managing agency contact as necessary in the enforcement of permitted temporary shelter rules and expectations, and/or the City's Police Department as necessary to enforce local and state laws. The entrance attendee shall also serve as a point -of -contact for the City's Police Department and will orient the department on how the managing agency accepts and processes potential residents. The names of the entrance attendee will be posted daily at the entrance/host tent or building. The City shall provide contact telephone numbers of nonemergency personnel which shall be posted at the entrance/host tent or building. I) Visitors. Visitors to the permitted temporary shelter must meet the following procedures and requirements: 1) The requirements that apply to individuals staying overnight in the permitted temporary shelter pursuant to Subsection (C) of this Section shall also apply to all visitors to the permitted temporary shelter. 2) Visitors shall be accompanied by the resident that invited the visitor while at the permitted temporary shelter. Ordinance Creating Chapter 25.99 Homeless Encampments - 9 3) Visitors shall be allowed to visit the permitted temporary shelter only between the hours of 9:00 a.m. and 10:00 p.m. After 10:00 p.m., all visitors must be evicted from the permitted temporary shelter. 4) Visitors may not stay overnight unless they receive permission from the managing agency and complete all requirements necessary to become a resident, including the requirements of Subsections (C) and (D) of this Section. 5) For purposes of this Section, the following shall not be considered visitors to the permitted temporary shelter: (a) Volunteers, agents, members, or employees of the managing agency rendering aid, care, assistance, security, or comfort to residents of the permitted temporary shelter; (b) Law enforcement personnel, including members of the City's Police Department; (c) Emergency fire/medical personnel; (d) Entrance attendees; and (e) The managing agency contact. J) Age Restrictions. Residents of the permitted temporary shelter must be at least eighteen years of age. No minors shall be permitted entrance to the permitted temporary shelter unless they are a relative of a resident of the permitted temporary shelter. Minors related to a resident may be admitted to the permitted temporary shelter as visitors pursuant to Subsection (1) of this Section. 25.99.080 FIRE, SAFETY, AND HEALTH. Permitted temporary shelters shall meet the following fire, safety, and health requirements: A) Fire Safety. The permitted temporary shelter shall conform to the following requirements: 1) Open Fires. No open fires shall be permitted within approved shelters or outside an approved fire pit or appliance. 2) Heating Appliances. No heating appliances shall be permitted within approved shelters. 3) Cooking. Ordinance Creating Chapter 25.99 Homeless Encampments - 10 (a) The managing agency may allow for a common tent to provide community cooking facilities and services for the permitted temporary shelter. Common tents shall be approved by the managing agency and the Department. (b) No cooking appliances shall be permitted within approved shelters. 4) Fire Extinguishers. The managing agency shall provide an adequate number and appropriate rating of fire extinguishers at the permitted temporary shelter as approved by the Department or the City's Fire Department. 5) Emergency Access. The managing agency shall ensure that adequate access for fire and emergency medical personnel and apparatuses is provided for at the permitted temporary shelter, as determined by the City's Fire Marshal. 6) Shelter Separation. The managing agency shall ensure that there is an adequate distance between approved shelters and other structures, as determined by the City's Fire Marshal. 7) Electrical Service. Any electrical service provided to the permitted temporary shelter shall be in accordance with City code. Any electrical cords used outdoors shall be approved for outdoor use. B) Health. The managing agency shall provide all necessary sanitary facilities, including temporary outhouses or portable toilets and facilities for hand -washing. All applicable health standards for providing and using such facilities shall be satisfied as required by the Department. Facilities and staff shall be available to provide minor medical treatment to temporary shelter residents; excessive use of the city emergency medical services for non- emergent care will result in billing to the temporary shelter sponsor. Non -emergent care is defined as care that does not require transportation to the emergency room. C) Access for Inspections. The managing agency shall permit inspections by City staff to ensure compliance with the conditions of this permit. Inspections shall occur at reasonable times and may occur without prior notice. D) Approved Shelters. Residents of the permitted temporary shelter may reside only in approved shelters at the permitted temporary shelter. 25.99.090 LIMITATIONS. A) Duration. Permitted temporary shelters may be approved for a time period not to exceed one hundred eighty (180) days. Ordinance Creating Chapter 25.99 Homeless Encampments - 11 B) Limitation. No other permitted temporary shelter, regardless of the managing agency, may occupy the same site as a previous homeless temporary shelter, whether it was permitted or unpermitted, until City staff has ensured that all residents of the previous temporary shelter and any temporary structures, tents, trailers, etc. have been completely vacated from the site. 25.99.100 REVOCATION. Upon determination that there has been a violation of any approval criteria or a condition of the special permit application or that the managing agency has failed to take action against a resident who violates the terms and conditions of the special permit, code of conduct, or has committed violence, the Director may give written notice to the managing agency describing the alleged violation. Within fourteen days of the mailing of the notice of violation, the managing agency shall show cause why the permit shall not be revoked. At the end of the fourteen -day period, the Director shall sustain or revoke the permit. When a special permit for a permitted temporary shelter is revoked, the Director shall notify the managing agency holding the permit by certified mail of the revocation and the findings upon which the revocation is based. Appeals of decisions to revoke a temporary permitted temporary shelter permit shall be to Franklin County Superior Court. 25.99.110 PROOF OF INSURANCE. A religious organization or managing agency shall show the City proof of general liability insurance with respect to a permitted temporary shelter with minimum limits of one million dollars per occurrence. The City shall not require a religious organization or managing agency to obtain insurance pertaining to the City's liability with respect to permitted temporary shelters or otherwise require the religious organization or managing agency to indemnify the City against such liability. 25.99.120 EMERGENCY SHELTERS. The provisions of this Chapter shall not apply to emergency or cold weather shelters as defined in PMC 25.12.156 and permitted under the provisions of PMC 25.86 where the screening of individuals to be temporarily housed in such shelters is conducted by a non-profit organization or a religious organization providing the emergency shelter. 25.99.130 PENALTY FOR VIOLATIONS. A) Every person who violates PMC 25.99.030(B) has committed a code infraction and shall pay a penalty not to exceed five hundred dollars per incident. B) Nothing in this Chapter shall be interpreted to prevent the applicability of Chapter 9.60 PMC (Public Nuisances) or Chapter 16.50 PMC (Unsafe and Unfit Buildings, Structures, and Premises) to homeless temporary shelters, either permitted or unpermitted. 25.99.140 SEVERABILITY. If any section, subsection, sentence, clause, phrase, or other portion of this chapter, or its application to any person, is for any reason declared invalid Ordinance Creating Chapter 25.99 Homeless Encampments - 12 in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof. 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 12019. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Ordinance Creating Chapter 25.99 Homeless Encampments - 13 CITY OF PASco °���i�ii�IIIIIII����IIIIIIUui�����° MEMORANDUM TO PLANNING COMMISSION PLANNING COMMISSION MEETING City Hall — 525 North Third Avenue — Council Chambers DATE: THURSDAY, JANUARY 17, 2019 7:00 PM TO: Planning Commission FROM: Jacob B. Gonzalez, Senior Planner SUBJECT: Expansion of Nonconforming Uses (MF# CA 2018-006) Background This memorandum serves as a follow up to the preliminary discussion held at the November 2018 Planning Commission Meeting for the expansion of a nonconforming use. The City received a request to amend Title 25.72 (Nonconforming Uses) and Title 86 (Special Permits) of the Pasco Municipal Code. The request, made by Dwight J Hume of Land Use Solutions and Entitlement (Spokane, Washington) asks that subsections be added to the PMC to allow for the expansion of a nonconforming use. A copy of the letter received is attached. In short, the request states that allowing the expansion of a nonconforming use will enable existing businesses to expand due to pressures of market demand. The provisions of the request may also allow a viable business to sustain itself without regulatory constraints. The PMC addresses Nonconforming Uses in Title 25.72 25.72.040 Continuation of Nonconforming Uses 1) Generally. Any legal nonconforming use may continue as long as it remains otherwise lawful and provided that: a) A nonconforming use may not be altered or extended during its life except as provided herein; b) No nonconforming use shall be extended to displace a conforming use; c) Once a nonconforming use has changed to a conforming use, it shall not revert back to a nonconforming use, except as provided in 25.42.040, (1); and, d) The extension of a lawful use of any portion of a nonconforming building shall not be deemed the extension of such nonconforming use. (Ord. 3354 Sec. 2, 1999) The Municipal Research and Services Center (MRSC) defines a nonconforming uses and structures as: "the use of a property that was allowed under the zoning regulations at the time the use was established but which, because of subsequent changes in those regulations, is no longer a permitted use. A nonconforming structure is a structure that complied with zoning and development regulations at the time it was built but which, because of subsequent changes to the zoning and/or development regulations, no longer fully complies with those regulations." Additional Information Nonconforming uses and structures are located across various areas of the city. These typically exist in older neighborhoods and industrial areas. Those uses, while previously allowed are no longer permitted due to changes and updates to the zoning codes and regulations. Example: Residential properties south of A Street, West of Oregon Avenue are now considered legal nonconforming uses. Homes (structures) can be repaired, restored and maintained as identified in Title 25.72.050 however alterations may not exceed 20 percent of the value of the building at the time of repair or alteration. The expansion of a nonconforming use may undermine or conflict with policy decisions adopted by Pasco City Council. City Council approves and adopts the land use and zoning for the city that they deem is in the community's best interest. This is an in-depth process that includes analysis on forecasted growth in population, economic development, historic trends, character of the built environment and the continuing safety and wellness of the community. 2 The City offers a Petition for a Rezone (Zone Change) that an applicant may use to petition for an amendment of either the zoning text or zoning map. A Special (Use) Permit is available for all conditional uses that is examined by the Planning Commission and City Council on a case-by- case basis. Staff Comment Since by definition, a nonconforming use is a use that is contrary to the City land use and zoning policy (zoning), staff recommends that it is not appropriate at the time to move forward with an amendment to the PMC. Staff requests the Planning Commissions discussion and direction on this issue. Land Use Solutions & Entitlement Land Use Planning Services 9101 N. MT. VIEW LANE Spokane, WA 99218 509-435-3108 (V) (Sent via email this date) 9/25/18 Mr. Rick White Community and Economic Development Director 525 N Third Avenue Pasco WA 99301 Ref: Request to Amend Title 25 Pasco Municipal Code Dear Mr. White: The purpose of this letter is to formally request a text amendment to Title 25 of the Pasco Municipal Code on Zoning to allow a procedure and criteria for the expansion of a non -conforming use. Please see the attached draft text amendment adding a new sub -section to Chapter 72 entitled: 25.72.070 Expansion of a Non -Conforming Use and to Chapter 86 Special Permits, adding clarifications and exceptions to this chapter to include this provision. Having said that, let me explain the benefits of providing this seemingly contradictory provision to an element of the zone code that is intended to eventually phase out non- conforming uses (ncu's). I offer the following comments: 1) First and foremost, it enables an existing viable business to expand to the pressures of market demand and continue to serve its customers in the market place. 2) This sustainment continues to provide an increasing source of tax revenues to the City. 3) A special permit process and public hearing enables the surrounding land owners to voice their concerns, (if any), and for the decisionmakers to impose appropriate conditions to mitigate those concerns. 4) This provision in the code is not counterproductive to the intent of phasing out most non -conforming uses, because most of those uses have already become obsolete and/or abandoned. 5) By way of example, Spokane County has had this provision in their zone code for at least 4 generations of the zone code and perhaps longer. During those 45 plus years it is seldom used, because few non -conforming uses remainec viable and capable of expanding. 6) This provision provides a reasonable means of allowing a viable business to sustain itself in the market place without the severe regulatory constraints of non -conforming phase out and arguably a taking by actions of the City to change its zoning. Please review this draft with your legal counsel and let me know if there are any questions or changes to this proposal. I look forward to your comments and instructions on how to proceed with this amendment. Respectfully Submitted 1960k t7llaxe Dwight J Hume Land Use Solutions and Entitlement Enclosure: Draft text amendment to Title 25 PMC Zoning CHAPTER 25.72 NONCONFORMING USES Sections: 25.72.010 PURPOSE................................................................................... 124 25.72.020 ESTABLISHMENT OF NONCONFORMITY ...................................... 124 25.72.030 DEVELOPMENT ON EXISTING LOTS OF RECORD .............................. 124 25.72.040 CONTINUATION OF NONCONFORMING USES .................................... 124 25.72.050 MAINTENANCE, DAMAGE, REPAIRS AND RESTORATION ................. 125 25.72.060 DISCONTINUANCE OF A NONCONFORMING USE OR ........................126 25.72.010 PURPOSE. Amendments over time to regulatory authority provided within this Title may result in structures, land and uses which no longer conform with the provisions set forth for the district in which they are situated. Therefore, it is the purpose of this chapter to allow for the continuance and maintenance of legally established nonconforming uses and structures subject to standards and provisions prescribed within this chapter. (Ord. 3354 Sec. 2, 1999.) 25.72.020 ESTABLISHMENT OF NONCONFORMITY. The burden of establishing that any nonconformity is a legal nonconformity as defined herein shall, in all cases, be upon the owner of such nonconformity and not upon the City. Upon request, the City Planners shall assist the property owner in locating public records, which pertain to the legal status of the nonconformity. (Ord. 3354 Sec. 2, 1999.) 25.72.030 DEVELOPMENT ON EXISTING LOTS OF RECORD. In any district, any permitted use or structure may be erected on an existing lot of record as recorded in the Franklin County Auditor's office. Said lots shall be deemed to meet the lot size requirements of this Title, provided all adjacent or abutting lots are held under separate ownership on the effective date of this Title. (Ord. 3354 Sec. 2, 1999.) 25.72.040 CONTINUATION OF NONCONFORMING USES. 1) Generally. Any legal nonconforming use may continue as long as it remains otherwise lawful and provided that: a) A nonconforming use may not be altered or extended during its life except as provided herein and/or pursuant to an approved expansion per 25.72.070 Expansion of a Non -Conforming Use Request. b) No nonconforming use shall be extended to displace a conforming use. c) Once a nonconforming use has changed to a conforming use, it shall not revert back to a nonconforming use, except as provided in 25.42.040, (1). d) The extension of a lawful use of any portion of a nonconforming building shall not be deemed the extension of such nonconforming use. ( Ord. 3354 Sec. 2, 1999. 25.72.050 MAINTENANCE, DAMAGE, REPAIRS AND RESTORATION 1) Except as provided in 25.72.070, ordinary maintenance of a nonconforming structure which includes minor interior and exterior repairs and incidental alterations is 1 permitted. Minor maintenance and repair may include, but is not limited to painting, roof repairs and replacement, plumbing, wiring, mechanical equipment replacement, and weatherization. Incidental alterations may include construction of nonbearing walls and partitions. Ordinary maintenance and incidental alterations shall not exceed 20 percent of the value of the building at the time of repair or alteration; 2 ) No building damaged by fire or other causes to the extent of more than fifty 50) percent of the assessed value of the structure as determined by the records of the Franklin County Assessor shall be repaired or rebuilt except multi -family units previously authorized by building permit in any residential zoning district may be rebuilt under the following conditions: a) Permits must be obtained within one year of building damage or all nonconforming privileges are lost; b) The fire or other cause of damage was determined to be accidental or a natural disaster; c) The proposed repair or reconstruction shall not increase the nonconformity of the structure or use; d) Nothing in this Chapter shall prevent the strengthening or restoring to a safe condition of any nonconforming building ordered by any official charged with protecting public safety. e) Reconstruction should adhere to the required district setbacks. 3) Any structure or portion thereof declared unsafe by the Building Official may be restored to a safe condition and continue as a nonconforming use, unless such repairs exceed fifty (50) percent of the assessed valuation of the structure as determined by the records of the Franklin County Assessor except multi -family units previously authorized by building permit in any residential zoning district may be rebuilt under the following conditions: a) Permits must be obtained within the time frame provided in the notification by the Building Official or all nonconforming privileges are lost; b) The fire or other cause of damage was determined to be accidental or a natural disaster; c) The proposed repair or reconstruction shall not increase the nonconformity of the structure or use; d) Nothing in this Chapter shall prevent the strengthening or restoring to a safe condition of any nonconforming building ordered by any official charged with protecting public safety; e) Reconstruction should adhere to the required district setbacks. (Ord. 3725 Sec. 1, 2005; Ord. 3354 Sec. 2, 1999.) z 25.72.060 DISCONTINUANCE OF A NONCONFORMING USE OR STRUCTURE. Except as provided in 25.72.070, a nonconforming use or structure shall become discontinued when it is: 1) Abandoned for a period of one or more years; 2) Damaged and application for rebuilding has not been made within six months of such damage; and 3) Damaged to the extent that reconstruction costs exceeds fifty (50) percent of the assessed value of the structure. (Ord. 3354 Sec. 2, 1999.) 25.72.070 EXPANSION OF A NONCONFORMING USE Requests for expansion or extension of a nonconforming use shall only be by approval of a special permit pursuant to chapter 25.86. 25.72.070 (1) Conditions and Requirements In approving a special use permit pursuant to the procedural requirements of chapter 25.86, the Planning Commission may stipulate restrictions and conditions, including but not limited to any of the following provisions. a. Control of use. b. Provision for front, side, or rear setbacks greater than the minimum standards of the zone in which the property is located. c. Special landscaping, screening, fencing, signing, off-street parking public transit and/or high occupancy vehicle facilities or any other general development standards. d. Requirements for street dedications and/or roadway and drainage improvements necessary as a result of the proposed use. e. Control of points of vehicular ingress and egress. f. Control of noise, vibration, odor, glare, and other environmental contaminants. g. Control of operating hours. h. Duration or time limitations for certain activities. i. Any other reasonable restrictions, conditions or safeguards that will uphold the purpose and intent of the Zoning Code and the Comprehensive Plan and mitigate any adverse impact upon the adiacent properties by reason of the use extension construction, or alteration allowed. 25.86.010 GENERAL PROVISIONS. Expansion of a nonconforming use pursuant to Section 25.72,070, Unclassified uses enumerated in Section 25.86.020, conditional uses listed within each district, and any other uses specifically referred to this chapter shall be subject to the regulations contained in this chapter, in addition to all applicable requirements of this Title. All such uses, due to their nature, are deemed to require special review to consider, on a case by case basis, their impacts on adjacent uses, uses within the vicinity and the infrastructure which would serve them. Conditional uses and other uses specifically referred to this chapter may be permitted only in their respective districts. Unclassified uses may be permitted within any district where not otherwise prohibited. ( Ord. 4110, 2013; Ord. 3354 Sec. 2, 1999.) 25.86.060 FINDINGS OF FACT BY PLANNING COMMISSION. Except as provided for in 25.72.070, upon conclusion of the open record pre -decision hearing, the Planning Commission shall make and enter findings from the record and conclusions thereof as to whether or not: 1) The proposal is in accordance with the goals, policies, objectives, maps and/ or narrative text of the Comprehensive Plan; 2) The proposal will adversely affect public infrastructure; 3) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; 4) The location and height of proposed structures and the site design will discourage the development of permitted uses on property in the general vicinity or impair the value thereof; 5) The operations in connection with the proposal will 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; and 6) The proposal will endanger the public health, or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district. (Ord. 3354 Sec. 2, 1999.) 25.86.070 RECOMMENDATION OF PLANNING COMMISSION. After an open record pre -decision hearing on a proposed nonconforming use expansion, temporary, conditional or unclassified use, the Planning Commission shall render a recommendation to the City Council as to whether the proposal be denied, approved, or approved with modifications and/ or conditions. (Ord. 3354 Sec. 2. 1999). End of proposed changes