HomeMy WebLinkAbout04-18-2019 Planning Commission Meeting Packetii' 1lii Pif'Sco
I. CA LL TO O RDER:
11. ROLL CALL:
11 1. PLEDGE OF ALLEGIANCE
IV. APPROVAL OF MINUTES:
v. OLD BUSINESS:
A. Re zo ne
B. Rezone
VI. PUBLIC HEARINGS :
A. Preliminary Plat
B. Rezone
C. Re zo ne
D. Special Permit
VII. WORKSHOP:
A . Code Amendment
VIII. OTHER BUSINESS:
IX. ADJOURNMENT:
AGENDA
PLANNING COMM ISSION MEETING
City Hall -525 North Third Ave nue -Co uncil Chambe rs
THURSDAY, APRIL 18, 2019
7:00 PM
Declaration of Quorum
March 21, 2019
Rezone from RT (Residential Transition) to C-1 (Retail Bu siness)
(ABHL, In c.) {MF# Z 2019-002)
Rezone from RS-20 to RS -12 {J&J Ke lly Construction) (MF# Z
2019-003)
Pr eliminary Plat, Black Belle Estates (33 lots) (J&J Kelly
Constru ct ion) (MF# PP 2019-001)
Rezone from RT (Residential Transition) to R-1 (Low Density
Re sidential) {Enrique Salas) (MF# Z 2019-001) -Continued from
February 21, 2 019 meeting
Re zo ne from C-1 (Retai l Busine ss ) to C-3 (Gen e ral Bu si ness )
(YESMAR Properties Inc.) (MF# Z 2019-004)
Location of Frank lin County Muse um Annex Building (Frank lin
County Hi storica l Society) (MF# SP 2019-002)
Code Am e ndment to Special Permits (MF# CA 2019 -008)
Th i s meeting i s broad cast l ive on PSC -TV Ch anne l 191 on Cha rte r Cab l e and streamed at www.pasco-wa.com/psctvlive .
A ud io equipment ava ilable for the hearin g impaired; contact st aff for ass istance .
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CALL TO ORDER :
MINUTES
PLANNING COMMISSION MEETING
City Hall -525 North Third Avenue -Council Chambers
THURSDAY, MARCH 21, 2019
7:00 PM
The meeting was called to order at 7:00 pm by Chairperson Roach .
ATTENDANCE:
Commissioners Present: Zahra Roach, Tanya Bowers, Paul Mendez, Alecia Greenaway, A. Campo s, Isaac
Myhrum
Staff Present: Rick White (Community & Economic Development Director), Jacob B. Gonzalez (Senior
Planner), Darcy Bourcier (Planner I}, Krystle Shanks (Administrative Assistant II}
MEETING VIDEO ON DEMAND:
This meeting in its entirety ha s been posted and can be viewed on the City's webpage at
https ://psctv.v iebi t.com .
APPEARANCE OF FAIRNESS :
Chairperson Roach read a statement about the appearance of fairness for hearings on land u se matters.
There were no declarations.
Chairperson Roach then asked the audience and the Planning Commission if there were any objections based
on a conflict of interest or appearance of fairness questio n regarding the item s to be discussed. There were
no objections.
ADMINISTERING THE OATH:
Chairperson Roach explained that state law require s testimony in quasi-judicial hearings such as held by the
Planning Commi ssio n be give n under oath or affirmation. Chairperson Roach swo re in all those desiring to
speak.
APPROVAL OF MINUTES:
Commissioner Greenaway moved, seco nded by Commi ss ioner Myhrum that the minutes dated February 21,
2019. The motion passed unanimou sly.
OLD BUSINESS:
A. Special Permit Location of New Fire Station #83 (TCA Architecture) (MF# SP
2019-001)
Chairperson Roach read the master file number and asked for comments from staff.
Darcy Bourcier, Planner I, discu sse d the special permit application for the location of new Fire Station #83
Planning Commission Meeting Page 1 February 21, 2019
and stated that there were no additional comments to add since the previous meeting.
Commissioner Bowers discussed the status of a traffic light or sign for when the fire trucks exit the station.
Ms . Bourcier said that would be reviewed and approved during the construction phase.
Chairperson Roach asked if the fire truck bays would be facing Sandifur Parkway and if that would be a
problem with the flow of traffic.
Rick White, Community & Economic Development Director, answered that they would, however, as
discussed at the public hearing by the Fire Chief, the fire trucks will have a remote to control the traffic lights
to prevent any traffic problems.
Commissioner Myhrum moved, seconded by Commissioner Greenaway, to adopt findings of fact and
conclusions therefrom as contained in the March 21, 2019 staff report. The motion passed unanimously.
Commissioner Myhrum moved, seconded by Commissioner Greenaway, based on the findings of fact and
conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to TCA
Architecture/Pasco Fire Department for the location of Fire Station #83, 5427 Road 76, with conditions as
contained in the March 21, 2019 staff report . The motion passed unanimously.
PUBLIC HEARINGS:
A. Rezone Rezone from RT (Residential Transition) to R-1 (Low Density
Residential) (Enrique Salas) (MF# Z 2019-001)
Chairperson Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the rezone application from RT
(Residential Transition) to R-1 (Low Density Residential). The site contains roughly 4 acres and is located east
of Heritage Boulevard. The Comprehensive Plan designation is for low density residential. A part of the
proposed site is not controlled or owned by the applicant . Staff would like to include the piece of land as a
part of the rezone for conformity, however, Staff has not received any response from the property owner.
For this reason, Staff requested the Planning Commission to hold the hearing but also continue it to the April
meeting.
Commissioner Bowers asked Staff to address the concerns contained in a letter submitted by Adan Suarez of
Casa LLC.
Mr. White replied that he felt the main concern is what would happen to the east/west road running through
the site. The right of way is already there, so East Helena Street would likely continue through . However, the
application at this time is for a rezone . Staff will not know the location of the road until the site is platted.
Chairperson Roach asked if the plat would come after the rezone .
Planning Commission Meeting Page 2 Marc h 2 1, 2019
Mr. White responded yes.
Enrique Salas, 4616 Ivy Road, spoke in sup port of his rezone application. He clarified the correct parcels that
were to be included in the rezone and discussed in further detail the small parcel that was not owned by him .
Commissioner Bowers asked if he plans to continue East Helena Street.
Mr. Salas said yes that he intends to extend it all the way through the development.
There was a brief discussion clarifying the parcels to be included in the rezone.
Adan Suarez, 251 Orchard Road , spoke on behalf of Casa LLC. He asked for clarification as to what stage in
the process the streets would be planned.
Chairmwoman Roach replied that the layout of the plat with streets would occur during the platting process
after the rezone . At this time, they cannot say where the street will be located .
Mr. Salas asked for information on foreclosure/sale information regarding to the property he wishes to
include in the rezone that he does not own.
Chairperson Roach respon ded that the foreclosure/sale of properties happen at the County level.
There was some discussion between Mr. White and Mr. Salas regarding the foreclosure/sale process.
Chairperson Roach sta ted that the Planning Commission can continue the public hearing to allow for
additional time to clear up any unresolved iss ues .
Hilario Zaragoza, 204105 E. Sc hu ster Road, Kennewick, stated that he checked with the Franklin County
Treasurer's Office who sta ted that if th e taxes have not been paid by December 10, 2019 then the property
would be auctioned off.
Commissioner Bowers asked Mr. Suarez if he had any other reservations regarding this project at this time
of if it was just the road which will be discussed during platting.
Mr. Suarez said he had no other reservations at this time.
Commissioner Greenaway moved, seconded by Commissioner Bowers, to continue the public hearing on the
proposed re zo ne for the April 18, 2019 meeting and as the date to make a recommendation to City Council.
The motion passed unanimously.
B. Rezone Rezone from RT (Residential Transition) to C-1 (Retail Business)
(ABHL) (MF# Z 2019-002)
Chairperson Roach read the master file number and asked for comments from staff.
Plannin g Co mmiss ion M eeting Page 3 March 21, 2019
Jacob B. Gonzalez, Senior Planner, discussed the rezone application from RT (Residential Transition) to C-1
(Retail Business). The site is approximately 6.1 acres on the corner of Road 68 and Sandifur Parkway. The
Comprehensive Plan has designated the site for commercial. The developer at this time plans to develop
four businesses which will provide retail to the surrounding neighborhoods . It is a commercial corridor on
both sides of Road 68 and Sandifur Parkway.
Chairperson Roach asked what the rezoning was to rezone from an RT to C-1.
Mr. Gonzalez responded that RT was merely a holding zone. The Comprehensive plan designates the site
commercial so the rezone to commercial would conform to the Comprehensive Plan and it would be
compatible with the surrounding properties .
Nicole Stickney, 5804 Road 90, Ste . H, spoke on behalf of AHBL Inc . She stated that the site was at a prime,
busy corridor and would be appropriate for commercial use adding services , employment opportunities and
additional tax base to the community.
Chairperson Roach asked if there was an intended development planned .
Ms. Stickney replied that she was representing a group of owners who do have plans; however, she was not
of liberty to discuss at this time. She did feel that development would occur on the site fairly rapidly . She
also pointed out that the staff reported that there was an MONS decision made and her understanding that
was incorrect in the staff report. The SEPA review is underway and will be forthcoming.
Mr. Gonzalez stated that would be corrected in the next staff report.
Tim Snider, 5918 Rio Grande Lane , spoke in opposition of the proposed rezone. His concerns were traffic,
crime and white noise and light. He stated that when he purchased his home the land behind his home would
be developed as residential.
Chairperson Roach stated that the Commission received Mr. Snider's emailed comments for the record prior
to the meeting.
Brian Teachout, 7005 Yellowstone Drive, spoke in opposition of the propose d rezone . His concerns were
traffic, safety and noise.
Commissioner A. Campos moved, seconded by Commissioner Mendez, to close the public hearing of the
proposed rezone and set April 18, 2019 as the date for deliberation and development of a recommendation
for City Council. The motion pa sse d unanimously.
Commissioner Mendez thanked Mr. Snider and Mr. Teachout for their comments and concerns. He
understands that traffic is a major concern but there will either be more houses or commercial at this site,
both of which will create more traffic. He agreed with staff that this is an appropriate use for the site and
conforms to the Comprehensive Plan.
Chairperson Roach asked if there will be traffic mitigation or construction.
Pl anning Commissio n M eeting Page 4 March 2 1, 2019
Mr. Gonzalez replied that the businesses or property owner will have to make appropriate infrastructure
improvements.
c. Rezone Rezone from RS-20 to RS-12 (J&J Kelly Construction) (MF# Z
2019-003)
Chairperson Roach read the master file number and asked for comments from staff.
Darcy Bourcier, Planner I, discussed the rezone application from RS -20 to RS -12. In July 2018, the Planning
Commission reviewed a preliminary plat application, Black Belle estates, and originally 22 lots and zoned for
RS-20. To avoid septic systems in the city limits, the city proposed an agreement with the developer to extend
the sewer to this site but due to lengthy negotiations the project was tabled . An agreement has been made
and the developer wishes to rezone the property from RS-20 to RS-12 to allow for sewer hookup to the site
and to accommodate more lots. RS -12 zoning conforms to the Comprehensive Plan, as the RS-20 zoning
district was well below the allowable density. The revised preliminary plat will be brought to the Planning
Commission shortly but the rezone must be approved first.
Commissioner Greenaway asked if sewer connection was already in the area .
Ms . Bourcier said not at the moment, however, it would be in the time the homes are built.
Jeff Kelly, 1006 Christopher Lane, spoke in support of his rezone application . He stated that it wouldn't make
sense to bring sewer connection without increasing the density. He felt the he and the city were of the same
understanding .
Jeanne Colvin, 920 Road 54, spoke in opposition of the propose d rezone . Her main concern was the increased
density and traffic. She asked what the layout of the proposed development would look like and if they co uld
hook into the sewer that would be brought to this site.
Chairperson Roach replied that the plat is unknown at thi s time but will be reviewed during a public hearing
during the preliminary plat phase . She asked staff if sewer were to be brought to the area if citizens nearby
could form an LID to hook into the sewer.
Rick White, Community & Economic Development Director, stated that the city does not know at thi s time.
Commissioner Myhrum, moved, seco nded by Commissioner Greenaway, to close the hearing on the
proposed rezone and set April 18, 2019 as the date for deliberations and the development of a
recommendation for City Council. The motion passed unanimously.
D. Zoning Determination Zoning Determination of Unincorporated Property (City of
Pasco) (MF# ZD 2019-001)
Chairperson Roach read the ma st er file number and asked for co mments from sta ff.
Rick White, Community & Economic Development Director, discu sse d the zoning determination of
unincorporated property. The proces s se t s zoning prior to annexation of property. The City purcha se d the
Pl a nning Co mmissio n Meetin g Page 5 M arch 21, 20 19
property located between Road 48 and Road 52 from the Pasco School District this pa st year and the proposal
is to make use of it as a community park and part of the land for a new fire station . There was discussion of
sewer connection and lift station in the area to serve the fire station . The zoning determination staff has
proposed goes along with the County zoning of RS -20. In this case, it doesn't particularly matter what the
zoning will be since the use is for a municipal park and fire station both of which will go through the special
use permit process. Since the City owns this property, City Council will have the opportunity to use the
Municipal Purpose Method of Annexation, which involves passage of an ordinance .
Commissioner Myhrum asked if the zoning was to be determined prior to annexation and also what ratio of
the land will be park and how much for the fire station.
Mr. White said zoning is determined prior to annexation . The fire station itself will only need roughly an acre.
The rest will be the park, in which he has not seen the plans for yet. He noted a diagonal parcel of land
running through the property owned by the Army Corps of Engineers which was a part of the 100 year flood
zone in which the City will have to plan around .
Commissioner Myhrum asked if that piece of land would be associated with the Rivershore Reconveyance of
Army Corps of Engineer property that has been discussed by Council recently .
Mr. White responded that this parcel along with others have been designated by Council as lands the City
would like to see reconveyed for the City to make better use of those lands.
Chairperson Roach asked for clarification on lift stations and their proposed locations.
Mr. White said the lift station, not yet determined, would have to be in the lowest elevation of the sewer
basin . Lift stations are also very expensive to just use for a fire station but it may be beneficial to see what it
would take to serve the nearby Riverview Area to make the public investment worthwhile .
Mary Mahoney, 5017 W. Pearl Street, addressed concerns about the propo sed property and posed questions
about the flood plain , lift station and sewer. She asked staff about holes bored into this property and if it
was for the fire station.
Mr. White was unsure of the holes she was referencing.
Ms. Mahoney discussed her concerns about flood management, water supply and population projections.
Jacob B. Gonzalez, Senior Planner, stated that the population projections were provided by the State Office
of Financial Management and would reach 121,000 by the year 2038 .
There was discussion between Ms . Mahoney, Commissioners and Staff regarding water management, wells,
septic tanks, groundwater and a lift station .
With no further comments the public hea r ing was closed .
Commissioner Myhrum reminded the Commission that the zoning was a moot point since both the fire
Pl anning Co mmi ss io n Meeting Pa ge 6 M arch 21, 2019
station and park will require special pe rmits but these uses fit the area well.
Commissioner Myhrum moved, seco nded by Commi ss ioner Bowers, to adopt findings of fact and conclusions
therefrom as contained in the March 21 , 2019 staff report. The motion pa sse d unanimously.
Commi ssi oner Myhrum moved, seco nded by Commi ss ioner Bowers, ba sed on the findings of fact and
co nclusion s as adopted, the Planning Commiss ion recommend the City Coun cil zo ne the Road 52 Annexation
Area to RS -2 0 as depicted on the proposed zoning map (Exhibit 1) attached to the March 21, 2019 Planning
Commission report. The motion pa ss ed unanimously.
E. Code Amendment Shared Street Frontages (MF# CA 2018-008)
Chairperson Roach read the ma ster file number and asked for comments from sta ff.
Jacob B. Gon za lez, Senior Planner, disc us se d the propose d co de amendment for shared street frontage s. The
code amendment stems from th e growing need to accommodate housin g need s in the city and to help
develop unique or difficult lots for infill development. There were two propose d ordinance s; an ordinance
amending PMC Sect ion 21.20 "Lots and Block s" to allow the creation of re sidentia l lots without public street
frontages and an ordinance amending PMC Section 25.140 "Planned Unit Development". Staff has
coordinated the details of the ordinances for review including the impacts and relationship to housing, sa fety
(fire) and tran sportation. It was disc ussed in detail what the proposed ordinances co ntained.
There wa s di scu ssion between the Pl an ning Commi ss io ner's and staff regarding the details of the proposed
code amendment and ordinances, in particular flag lots and PU D's.
Comm i ssio ne r M e nd ez noted a typo in whi c h Mr. Gonzalez sa id would be corrected .
Commissione r Greenaway moved , seco nd ed by Commis sione r Mend ez, to po stpone the proposa l to a later
date. The motion passed unanimou sly .
F. Code Amendment Minimum Lot Size and Frontage in Residential Zones (MF# CA
2017-009)
Chairperson Roach read the ma ster file number and aske d for comments from sta ff.
Darcy Bourci er, Planner I, discussed the proposed code amendment for minimum lot size and frontage i n
residential zones . Staff has suggested decreasing the minimum lot frontages in zones R-1 , R-2, R-3 and R-4
from 60 f eet to SO feet and reducing minimum lot siz es to meet the ne ed for inc r ease d den sity. Verbiage
wa s also proposed to allow for zero lot line deve lopme nts in R-3 and R-4 zo nes. Staff did not propose
minimum lot sizes for the R-1 zo ne at this time but staff requested input from the Planning Commission.
There was discussio n between the Plannin g Commiss ioner's and staff regarding the details of th e proposed
co de amendment pertaining to minimum lot sizes and lot frontag e, making land more affordable and
increasing den sity.
Tim Snider, 5918 Rio Grande Lan e, discussed his concerns about minimum lot frontage s and se tb ac ks and
Planning Co mmiss ion Meeting Pa ge 7 M a rc h 2 1, 2019
what that would do for future developers who may be limited to rectangular single-family homes .
The Commissioner's discussed with staff the concerns and questions Mr. Snider proposed.
Commissioner Mendez moved, seconded by Commissioner A. Campos, to continue the public hearing on the
code amendment to a later date to be determined . The motion passed unanimously.
OTHER BUSINESS:
Jacob B. Gonzalez, Senior Planner, discussed State Level Planning Updates.
ADJOURNMENT :
With no further discussion or business, the Planning Commission was adjourned at 9:14 PM .
Respectfully submitted,
Krystle Shanks, Administrative Assistant II
Community & Economic Development Department
Planning Commiss i on M eetin g Page 8 M arc h 21, 20 19
MASTER FILE#:
APPLICANT:
REQUEST:
MEMORANDUM TO PLANNING COMMISSION
PLANNING COMMISSION MEETING
City Hall -525 North Third Avenue -Council Chambers
DATE: THURSDAY, April 18th, 2019
7:00 PM
Z2019-002
AHBL, Inc
5804 Road 90, Suite H
Pasco, Washington 99301
REZONE : Rezone of 6 .1 acres from RT (Residential
Tran sition) to C-1 (Retail Business)
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal : Township 09 North, Range 29 East, Section 09
General Location: Northeast corner of Sandifur Parkway and Road 68
Property Size : 6.1 acres
2. ACCESS : The property has access from Road 68 and Sandifur Parkway
3. UTILITIES: Municipal water and sewer se rvice are located at Road 68 and Sandifur
Parkway
4. LAND USE AND ZONING: The site is currently zoned RT (Re sidential Tran si tion).
Surrounding properties are zoned as followed :
NORTH: RT Agriculture I Vacant
EAST : R-2 SFDU's
SOUTH: C-1 Commercial (Gas Station, Auto Service)
WEST : C-1 Commercial (Bank, Grocery, Retail)
5. COMPREHENSIVE PLAN : The Comprehensive Plan indicates that thi s site is intended for
commercial development. The commercial land use cla ss ification is described as
providing neighborhood, community and regional shopping which can also include
specialty centers, busines s parks, service and office u ses . Criteria for allocation under the
commercial classification is included in the Land Use section of the Comprehensive Plan
(Volume II, page 18) include se wer availability, market demand and proximity along major
circulation routes.
Policies of the Comprehensive Plan that apply include: LU-3-D, encourages mixed-use
development including neighborhood scale shopping areas; LU-4-A, promotes the
location of commercial facilities at major street intersection and ED-2-B, development of
a wide range of commercial uses strategically located to support local and regional needs.
6. ENVIRONMENTAL DETERMINATION: Based on the SEPA checklist, the adopted City
Comprehensive Plan , City development regulations, testimony at the public hearing and
other information, a Determination of Non-Significance (DNS) has been issued for this
project (WAC 197-11-355).
ANALYSIS
This site consists of 6.1 acres that had historically been used as working farmland . No structures
currently exist on the site. A tax parcel segregation was completed in October 2018 that split the
original parcel (#116020011 retired) of 79 .3 acres into two parcel s of 73 .2 acres and 6.1 acres .
The site was annexed into the City in August of 1982 via Ordinance 2388.
The site is currently zoned as RT (Residential Transition) and the adopted City Comprehensive
Plan has designated the site as Commercial. The Commercial classification allows for the
following zoning districts: Office, C-1, C-2 , C-3, CR and BP (Busines s Park). The applicant i s seeking
to rezone the site from RT to C-1 and then subsequently create four lots for commercial and retail
u ses.
Current C-1 development standards state that the minimum lot area is not required and lot
coverages are dictated by parking, setback and landscaping requirements. The maximum building
height is 35 feet; however, a greater height may be approved by special permit. Frontage
improvements along Road 68 and Sandifur Parkway are anticipated .
The review criteria for considering a rezone application are identified in 25.210.030
"Requirements for zoning petition" from the Pa sco Municipal Code. The petition for a change of
classification must show the following:
1. The date the existing zone became effective:
The s ite of the rezone was zoned RT in 1982 when it was annexed into the City.
2. The changed conditions which are alleged to warrant other or additional zoning:
The vicinity of the rezone site has rapidly grown and is surrounded by various hous ing
developments, commercial and offices uses and retail services. Rezoning the site will allow
for more a more compatible land use to be in place that will address the business services
needed by the growing household populations.
2
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 adopted City Comprehensive Plan
which has been determined to be in the bes t interest of advancing public health, safety
and the general welfare of the community. This rezone will allow for the development of
additional commercial property addressing the growing needs to serve the population.
4. The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
The rezone will complement existing properties adjacent to the site. A change in the rezone
classification will allow for the development of commercial uses offering retrial services
that is compatible with the character of the s urrounding area.
5. The effect on the property owner or owners if the request is not granted:
The property owner would be allowed to develop the site for retail and commercial
services as allowed through the C-1 zoning classification.
STAFF FINDINGS OF FACT
Findings of Fact must be entered from the record. The following are initial findings drawn from
the background and analysis sec tion of the staff report. The Planning Commission may add
additional findings to this listing as the result of the factual testimony and evidence submitted
during the open record hearing.
1. The site consists of 6.1 acres and is zoned RT (Re sidential Transition)
2. The site was annexed in 1982.
3. The adopted City Comprehensive Plan land use classification for the site is Commercial
and includes zones: Office, C-1, C-2, C-3, CR and BP (Bu sine ss Park).
4. The applicant i s seeking to rezone the site from RT to C-1.
5. The applicant is proposi ng to develop the site with space for approximately four
busines ses.
6. The adopted City Comprehensive Plan indicates that properties classified as Commercial
should be developed for neighborhood, community and regional shopping including
specialty centers, bu siness parks, services and office s uses .
3
7. The C-1 zone wa s established to provide for the location of commercial activities outside
the central business district that meet the retail shopping and service needs of the
community.
8. Minimum lot area is not required under the Development Standards for the C-1 zone
9. Lot coverages are dictated by the parking, setback and landscaping requirements
10. The height of a building is not to exceed 35 feet, except when approved by a special
permit.
11. The proposal is in compliance with the adopted City Comprehensive Plan's land use and
zoning map s.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial, the Planning Commission must develop Findings of
Fact from which to draw its conclusions based upon the criteria listed in Pasco Municipal Code
25 .210.060. The criteria are as follows :
1. The proposal is in accord with the goals and policies of the Comprehensive Plan;
a) Th e proposal is consistent with the adopted City Comprehensive Land Use Map and
se veral policies and goals . Policy LU-3 -D, encourages mixed-use development including
neighborhood scale shopping areas; LU-4-A, promotes the location of commercial facilities
at major street intersection and ED-2-8, development of a wide range of commercial uses
strategically located to support local and regional needs.
2. The effect of the proposal on the immediate vicinity will be materially detrimental;
b) The adopted City Comprehensive Plan designates the immediate areas for commercial
and high density residential. The commercial classification permits the C-1 (Retail Bu siness
District) and is consistent with referenced plans. The proposal will not be detrimental to
existing and future dev elopments within the vicinity.
3 . There is merit and value in the proposal for the community as a whole;
a) There is merit in developing sites within the City in accordance with the goals and
policies contained in the City Comprehensive Plan. The proposed zoning is consistent with
the Plan's Land Use Map and will provide additional retail shopping and services for the
community. The site is located along a travel corridor that als o includes nearby se rvice
from the regional public transportation se rvice provider.
4
4 . Conditions should be imposed in order to mitigate any significant adver se impacts from
the proposal;
a) The Pasco Municipal Code provides information on design s tandards for commercial
development. If, or when the applicant purs ues the development of this property, they will
be re quired to confirm and meet the requirements of the de signed standards as
e s tablis h e d in 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 term s and condition s of such an agreement.
a). A Concomitant Agreement is not considered necess ary for this application .
MOTION:
MOTION:
RECOMMENDAT I ON
I move to adopt Findings of Fact and Conclus ion s therefrom as contained in the
April 18, 2019 staff report.
I move ba sed on the Findings of Fact and Conclu sion s, as adopted , the Planning
Comm ission recommend the City Council rezone 6.1 acres on the northeast corner
of Sandifur Parkway and Road 68 from RT to C-1.
5
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11i. Pif'Sco REPORT TO PLANNING COMMISSION
PLANNING COMMISSION MEETING
City Hall -525 North Third Avenue -Council Chambers
THURSDAY, APRIL 18, 2019
7:00 PM
MASTER FILE#: z 2019-003
APPLICANT: J&J Kelly Construction, Inc .
1006 Christopher Ln
REQUEST :
Pasco WA 99301
REZONE : Rezone 3 parcels from RS-20 (Suburban) to RS -12
(Suburban)
BACKGROUND
1. PROPERTY DESCRIPTION :
Legals:
Lot 1: Short Plat 79 -28 Lot 4 Excep t for future road R/W (APN # 119611082)
Lot 2: Short Plat 79-28 Lot 3 (APN # 119611094)
Lot 3: Portion of the NE Quarter of the SE Quarter of the NE Quarter of Section 27, Township 9
North, Range 29 East, W.M
General Location : Between Roads 52 and 54 south of W Court St r eet
Property Size: The site consists of three parcels comprising approximately 15 .3 acres
2. ACCESS : The property has access from Road 52 and Road 54
3. UTILITIES : Municipal water is available in both Road 52 and Road 54 . Municipal se wer is not
available but is planned for the near future
4. LAND USE AND ZONING : The lots are currently vacant and are zoned RS -20 (Suburban).
Su rrounding propertie s are zoned and developed as follows :
NORTH :
EAST:
SOUTH :
WEST :
RS-20
RS-12
RS -20
RS -20
New single-family developm ent
SFDUs
SFDUs
SFDUs
5. Comprehensive Plan: The Comprehensive Plan indicates the site is intended for low-density
residential development. Ac co rding to th e Comprehensive Plan , low-density re sidential
development means 2 to 5 dwelling units per acre . The criteria for allocation under the future
land use section of Volume II of the Comprehensive Plan (Vol. II , page 17) encourages
development of lands designated for low-density residential u ses when or where sewe r is
available; the location is suitable for home sites; and there is a market demand for new home
sites. Policy H-1-E encourages the advancement of home ownership, and Goal H-2 suggests the
City strive to maintain a variety of housing options for residents of the community. Goal LU -2
1
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 {MONS) has been issued for this
project (WAC 197-11-355).
ANALYSIS
In July of 2018 the Planning Commission discussed a proposed 22-lot preliminary plat by the name of Black
Belle Estates in this location. However, the City suggested that-to avoid the use of septic systems within the
incorporated areas-the City should assist the developer in extending municipal sewer facilities up from W
Sylvester Street. Lots connected to City sewer are permitted at much smaller sizes because they do not
support septic systems. The hearing for the plat was continued numerous times while negotiations occurred
until finally the item was tabled until an agreement could be made.
At this time, the developer seeks to rezone the site from RS-20 to RS-12 to prepare for his eventual submittal
of the revised preliminary plat, which will accommodate the density standards of the RS-12 zoning district.
Under these standards, one single-family house is permitted for each 12,000 square feet at the minimum; in
contrast, RS-20 density standards permit only one single-family house every 20,000 square feet. Further, the
previous version of the Black Belle Estates plat proposed a density of approximately 1.4 dwelling units per
acre-well below the Comprehensive Plan's suggestion of 2 to 5 units per acre for areas designated Low
Density. Considering this, staff believes the land would be most effectively utilized with a more dense
development to better serve Pasco's growing community.
An agreement has since been entered into between the City and the developer to extend the necessary sewer
facilities to the rezone/future plat area. Thus, the developer intends to submit a new 34-lot preliminary plat
within the next month or two.
The rezone site was annexed into the City in 2013 and was zoned RS-20. At the time of annexation, the
Planning Commission considered the character of the neighborhood and the lack of sanitary sewer service
prior to recommending RS-20 zoning. Now, the City must take into account the rate at which Pasco is growing
in population and how Pasco will accommodate such rapid growth.
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:
The current zoning classification of RS-20 (Suburban) became effective on January 1, 2013 (Ordinance 4077),
upon annexation into the City.
2. The changed conditions, which are alleged to warrant other or additional zoning:
The City of Pasco is growing at a rate in which a population of 121,828 is expected by the year 2038. Over
15,000 new residential dwelling units will need to be constructed in Pas co over the next 20 years. Infill
developments are crucial to mitigating the effects of such a rapid population increase, and a re zone of the
property to a denser zoning district will facilitate its development.
3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:
2
The proposed zoning request is co nsistent with the Comprehensive Plan which has been determined to be in
the best interest of advancing public health, safety and general welfare of the comm unity. The rezone will
allow for development of more sing le-family homes 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 single-family residential
development 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.
5. The effect on the property owner or owners if the request is not granted:
The property owner may develop the site at the allowed RS-20 density requirements.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from the
background and ana lysi s 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 re cord hearing.
1. The applicant has applied to rezone three ta x parcels from RS -20 (Suburban) to RS-1 2 (Suburban).
2. The applicant is seeking to rezone in order to plat the site with a more dense development.
3. The site is within the Pasco Urban Growth Boundary.
4. The State Growth Management Act requires urban growth and urban densities to occur within the
Urban Growth Boundaries.
5. The site is re latively flat .
6. The site cu rrently contains two houses.
7. The site is not cons id ered a critical area, a mineral resource area, or a wetland.
8. The Comprehensive Plan identifies the site for low-density residential development, which permits
the following zones : RS -2 0, RS -1 2, RS-1 , and R-1.
9. Low -density r esidentia l development is described in the Comprehen sive Plan as two to five dwelling
units per acre.
10. The minimum lot area in the RS -20 zone is 20,000 square feet.
11. Th e minimum lot area in the RS -12 zone is 12,000 square feet.
12 . The site currently does not have access to se wer; however, the City and developer have entered into
an agreement to extend a se wer line northward from W Sy lve ster Street to the site .
3
CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approva I or denial of a rezon e the Planning Commission must develop finding s of fact
from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The crite ria are as
follows:
1. Th e proposal i s 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 Land
Use Goals . Low-Density Residential development suggests 2 to 5 dwelling units per acre . The criteria for
allocation under the future land use sec tion of Volume II of the Compreh e nsive Plan (Vol. II, page 17)
encourages development of land s designated for low-density residential uses when or where sewer is
available; the location is suitable for home sites; and there is a market demand for new home site s.
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 Low -Density Re sidential zoning, which permits
zones RS -20, RS-12, RS -1, and R-1. The proposed rezone is consistent with the referenced Plan ; as suc h, this
proposal will not be materially detrimental to future nearby developments that will need to conform to the
provision of the Plan .
3. There is merit and value in the proposal for the co mmunity as a whole.
The proposed zoning is consistent with the Comprehensive Plan Land Use Map. Further, Pa sco's rapidly
growing population will be better served with denser residential developments. Creating housing to
accommodate the City's growth is crucial and valuable for the community as a whole. The proposal is
supported by land use goals and policies contained in the Comprehensive Plan.
4. Conditions should be impose d in order to mitigate any significant adverse impa cts from the proposal.
The Pasco Municipa l Code include s de sign standards for re si dential development. The Preliminary Platt ing
process require s review through the Pl anning Commission and City Council. If or when applicant pursues the
development of this property, he will be required to conform to subdivi sion and design st andards 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 co nditions of such an agreement.
If or when applicant pursues the development of this property, he will be required to conform to subdivisio n
and de sig n standards established by the PMC. No Concomitant Agreem e nt is co nsid ered necessary for this
application.
RECOMMENDATION
MOTION: I move to adopt Finding s of Fact and Conclusions therefrom as contained in the April 18,
2019 staff re port.
MOTION: I move ba se d on the Findings of Fact and Conclusions as adopted the Planning
Commission recommend the City Council rezone three parcel s located between Road s
52 and 54 so uth of We st Court Street from RS -20 to RS-12.
4
Overview
Map
Item: Rezone -RS-20 to RS -12 Black Belle Estates
Applicant: J &J Kelly Construction, Inc.
File#: Z2019-003
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Item: Rezone -RS-20 to RS-12 Black Belle Estates
Applicant: J&J Kelly Construction, Inc.
File #: Z2019-003
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Map
Item: Rezone -RS-20 to RS-12 Black Belle Estates
Applicant: J&J Kelly Construction, Inc.
File#: Z2019-003
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Item: Rezone -RS-20 to RS-12 Black Belle Estates
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REPORT TO PLANNING COMMISSION
PLANNING COMMISSION MEETING
City Hall -525 North Third Avenue -Council Chambers
THURSDAY, APRIL 18, 2019
7 :00PM
MASTER FILE#: PP 2019-001
APPLICANT: J&J Ke ll y Construction, Inc.
1006 Christopher Ln
REQUEST:
Pasco WA 99301
PRELIMINARY PLAT : Black Belle Estates (33 -Lot Single -Family
Subdivision)
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal s:
Lot 1: Short Plat 79-28 Lot 4 Except for future road R/W (APN # 119611082)
Lot 2: Short Plat 79-28 Lot 3 (APN # 119611094)
Lot 3: Portion of the NE Qu arter of the SE Quarter of th e NE Quarter of Section 27, Town ship 9
North, Range 29 Ea st, W .M
General Lo ca tion : Between Road s 52 and 54 south of W Court St reet
Property Size: The site consists of three parcel s comprising appro ximately 15 .3 acres
2. ACCESS: The property ha s acce ss from Road 52 and Ro ad 54
3. UTILITIES: Municipal water i s avai lab le in both Road 52 and Road 54. Municipal sewe r is not
available but is pl anne d for the n ear future .
4 . LAND USE AND ZONING: The lots are currently v aca nt and are zone d RS -20 (Suburban), but are
pe nding the approval of a rezone to RS -12 (see MF# Z2019 -003). Surrounding properties are
zo ned and deve loped as follows :
NORTH :
EAST :
SOUTH :
WEST:
RS-20
RS -12
RS -20
RS-2 0
New single-fami ly development
SFDUs
SFDUs
SFDU s
5 . Comprehensive Plan: The Comprehensive Plan indicates the site is intended for low-de nsi ty
re sidential development. Ac cord ing to the Comprehensive Plan, low-dens ity re sidential
developme nt means 2 to 5 dwellin g units per ac re . The criteri a for allocation under the future
land use sec tion of Vo lum e II of the Compre hensive Plan (Vol. 11 , pa ge 17) enco urages
development of lands de sign ated for low-density re sidential use s when or where se w er is
available; the location is suitable for home sites; an d there is a market demand for new hom e
sites. Pol icy H-1-E encourages the advancement of home ownership, and Goal H-2 suggests the
1
City strive to maintain a variety of housing options for residents of the community. Goal LU-2
encourages the maintenance of established neighborhood s and the creation of new
neighborhoods that are safe and enjoyable places to live .
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An
environmental determination will be made after the public hearing for this project. A
Determination of Non-Significance or Mitigated Determination of Non-Significance is likely for
this application (WAC 197-11-355).
ANALYSIS
In July of 2018 the Planning Commission discussed a proposed 22-lot preliminary plat by the name of Black
Belle Estates in this location . However, the City suggested that-to avoid the use of septic systems within the
incorporated areas-the City should assist the developer in extending municipal sewer facilities up from W
Sylvester Street. Lot s connected to City sewer are permitted at much sma ller sizes because they do not
support sep tic systems. The hearing for the plat was continued numerous times while negotiations occurred
until finally the item was tabled until an agreement cou ld be made.
A rezone of the development site from RS-20 (Suburban) to RS-12 (Suburban) is pending approval by City
Council at the May 61h, 2019 regular Council meeting . Thu s, the applicant ha s submitted a revised preliminary
plat of Black Belle Estates which accommodates the density standards of the RS -12 zoning district. The
previous version of the plat proposed 22 single-family lots-a density of approximately 1.4 dwelling units per
acre. In anticipation of rezone approval, the plat has been reconfigured to include a total of 33 single-fami ly
lots, or 2.2 dwelling units per acre. This density increa se will more effectively utilize the acreage available for
development, which will be facilitated by the proposed extension of municipal sewer facilities from W
Sy lve ster Street.
Th e plat site was annexed into the City in 2013 and was zoned RS-20. At the t ime of annexation, the Planning
Commission co nsidered the character of the ne ighborh ood and the lack of sanitary sewer service prior to
recommending RS -20 zoning . Now, the City must take into account the rate at which Pasco is growing in
populat ion and how Pasco will accommodate such rapid growth.
LOT LAYOUT: The proposed plat contains 33 residential lots. The lots vary in size from 12,537 square feet to
38,960 square feet . Th e average lot size is 16,424 square feet . The proposal is consistent with the density
req uirements of the pending RS-12 zoning on the site. The minimum lot size for the RS-12 zone i s 12,000
sq uare feet.
RIGHTS-OF-WAY: All lots have frontage on streets which will be dedicated. The east half of Road 54 and the
west half of Road 52 will be finished with this subdivision. Because the proposed plat i s zoned RS -12, curb,
gutter, and sid ewa lk are not required.
UTILITIES: Municipal water is located in Road 52 and Road 54 and will be extended to and through the new
lots to serve the subdivision. Municipal sewer will be extended by the developer to the plat site from W
Sylvester Street with the help of the City.
A utility easement will be needed along the first 10 feet of street frontage of all lots. The final lo catio n 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.
2
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 loca ted at street intersections and with a ma ximum
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
i nterval 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 ..
IRRIGATION: The property is within the FCID service area.
WATER RIGHTS : The assignment of water rights is a requirement for subdivision approval per Pasco
Municipal Code Section 26 .04 .115(B) and Section 3.07 .160. If no water rights are availab le to transfer to the
City the property owner/developer must pay a water right fee in lieu thereof.
STAFF FINDINGS OF FACT
State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning Commission to develop
Findings of Fa ct 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 Fa ct":
Prevent Overcrowding: Density requirements of the RS -12 zone are designed to address overcrowding
concerns. The Comprehensive Plan suggests the property in question be developed with 2 to 5 dwelling units
per acre . The proposed plat ha s a density of approximately 2.2 units per acre . No more than 40 percent of
each lot is permitted to be covered with structures per the RS -12 standards.
Parks Open Space/Schools: Wade Park is approximately 1,000 feet south of the plat area . Park impact fees
will be co lle cted at the time of permitting to be used for park development.
The City is required by RCW 58.17 .110 to make a finding that adequate provisions are being made to
ame liorate the impacts of the proposed subd ivisio n on the School Distri ct. At the request of the School
District the City enacted a sc hool impact fee in 2012. Th e imposition of this impact fee addres ses the
requirement to ensure there are adequate provisions for schoo l s. A schoo l impact fee in the amount of
$4,700 will be charged for each new dwelling unit at the time of building permit issuance.
Effective Land Use/Orderly Development: The plat is laid out for single-family development as identified in
the Comprehensive Plan . The maximum den sity permitted under t he Comprehen sive Plan is 5 dwell ing uni ts
per acre. The developer is proposing a den sity of 2.2 units per acre.
Safe Travel & Walking Conditions: The plat will connect to the community through the existing network of
streets. Sidewa l ks are not required in the RS-12 zone but may be insta ll ed and constructed to current City
standards and to the standards of the American's with Di sa bilities Act (ADA).
Adequate Provision of Municipal Services: All lots within the plat will be provided with water, sewe r, and
other utilities.
Provision of Housing for State Residents: Thi s Preliminary Plat co ntains 33 residentia l building lots, providing
an opportunity for the con struction of 31 new dwelling units in Pasco.
Adequate Air and Light: Th e maximum lot coverage limitations, building height re st rictions, and building
setbacks will assure that adequate movement of air and light is available to each lot.
Proper Access & Travel: The plat will be developed to City standard s to ass ure proper acce ss is maintained
to each lot. Connections to the communi ty will be provided by Road 52 and Road 54. The preliminary plat
3
was submitted to the Transit Authority for review (The discussion under "Sa fe Travel" above applies to this
section also).
Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the plat site for low-density
residential development. Policies of the 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.
• The site currently contains three houses. One, which is old and vacant, will be removed prior to p lat
development.
• The site is not considered a critical area, a mineral resource area or a wetland.
• The Comprehensive Plan identifies the site for low-density residential development.
• Low-density residential development is described in the Comprehensive Plan as 2 to 5 dwelling units per
acre.
• The site is zoned RS -20 (Suburban), but is pending a rezone to RS-12 (Suburban).
• The minimum lot area in the RS -12 zone is 12,000 square feet.
• The developer is proposing 2.2 dwelling units per acre.
• The site currently does not have access to sewer; however, municipal sewer facilities will be extended
from W Sylvester Street at the time of development.
• The site's low density residential designation permits the following zones : RS-20, RS-12, RS -1, and R-1.
• 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 hou si ng types .
• The Transportation Element of the Comprehen sive Plan encourages the interconnection of neighborhood
streets to provide for the disbursement of traffic.
• The interconnection of neighborhood streets is necessary for utility connections (looping) and the
provision of emergency services.
• Per the ITE Trip Generation Manual 8th Edition, the proposed subdivision, when fully developed, will
generate approximately 323.68 vehicle trips per day.
• The current traffic impact fee i s $709 per dwelling unit. The impact fees are collected at the time permits
are issued and said fees are used to make traffic improvements in the 1-182 Corridor when warranted.
• The current park impact fee is $1,466 per dwelling unit.
• 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 hou sing developments to
provide the School District with mitigation fees . The fee was effective April 16, 2012.
4
• Past correspondence from the Pasco School District indicates impact fees address the requirement to
ensure adequ ate provisions are made for schools.
• Plat improvements within the City of Pasco are required to comply with the 2015 Standard Drawings and
Specification as approved by the City Engineer. These improvements include but are not limited to water,
sewer and irrigation lines, streets, street lights and storm water retention . The handicapped-acc ess ible
pedestrian ramps are completed with the street and curb improvements prior to final plat approval.
Sidewalks are installed at the tim e permits are issued for new houses, exce pt sidewalks along major
streets, which are installed with the street improvements.
• The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code
Section 26.04.llS(B) and Section 3.07.160.
• The developer i s 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. Thi s includes controlling du st, weeds and litter during times of construction
for both subdivisions and buildings including houses.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of the proposed Plat the Planning Commission must develop
finding s of fact from which to draw its co nclusion (P .M .C. 26.24.070) therefrom as to whether or not:
(1) Adequate provisions are m ade for the public health, sa fety and ge neral welfare and for open space s,
draina ge ways, streets, alleys, other public ways, water supplies, sa nitary wa stes , parks, playgrounds,
transit stops, sc hools and sc hool grounds, si dewalks for sa fe walking conditions for students and other
public need s;
The proposed plat will be required to develop under the standard s of the Pa sco Municipal Code and the
standard specifications of the City Engineering Divi sion . These standards for streets, sidewalks, and other
infrastructure improvements were des igned to ensure the public health, sa f ety, and general welfare of the
co mmunity. The se standa r ds include provisions for streets, d ra inage, water and sewer se rvice and the
provision for dedication of right-o f -wa y . The preliminary plat was forward ed t o th e PUD, the Pasco School
District, Cascade Gas, Charter Cabl e, Franklin County Irrigation Di st rict, and Be n-Fran klin Transit Authority for
review and comment.
Ba se d on the Sc hool Di stri ct's Capital Fac ilitie s Plan th e City co lle cts sc hool mitigation f ees for eac h new
dwelling unit. The fee is paid at the time of building permit iss uance . The sc hool impact fee addresses the
requirements of RCW 58.1 7.110. All new developments participate in establi shing parks throug h the payment
of park fees at the time of perm itting.
(2) The proposed subdivision contribute s to the orderly development and land use patterns in the area;
The propo se d plat is an infill development. It is de signed to make the most efficient use of a vacant parcel of
land per the de signated zoning.
(3) The propose d subdivision conforms to the poli cies, maps , and narrative text of the Comprehensive Plan ;
The Comprehen sive Plan land use map de signates th e si te for lo w-d e nsi ty r es idential developme nt, which is
desc ribed as 2 to 5 dwelling units per acre. The plat indicat es the den sity t o be 2.2 units per acre, which is
within the den sity range established by the Compreh ensi ve Pl an. The Hous ing Element of the Plan encourages
5
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 subdiv ision conforms to the general purposes of any applicable policies or plans which
have been adopted by the City Council;
Development plans and policies have been adopted by the City Council in the form of the Comprehensive
Plan. The proposed subdivision conforms to the policies, maps, and narrative text of the Plan as noted in
number three above.
(5) The proposed subd ivision conforms to the general purposes of the subdivision regulations.
The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis
and Findings of Fact. The Findings of Fact indicate the subd ivi sion is in conformance with the general purposes
of the subdivision regulations provided certa in mitigation measures (i.e ., schoo l impact fees are paid).
(6) The public use and interest will be serve d by approval of the proposed subdivision.
The propo.sed 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, pede sta ls, 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) sha ll 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 in st alling all tren ch , cond uit, primary vaults, secondary junction boxes, and backfill for the
PU D's primary and secondary distribution sy st em in accordance with PUD speci fi cat ions; sa id
individual or company will make full advance payment of line extension fees and will provide all
ne cessary utility easements prior to PUD construction and/or connection of any electrical service to
or within the plat."
5. All development activities are subject to the conc urrency development sta ndard s established in
PMC 12.36.
6. All right of way improvements and extensions of City maintained utilities shall conform to the
standard specifica tion s of the City of Pasco in place at time of development.
7. All work in the right of w ay must be designed by a professional engineer licensed in the State of
Wa shi ngton, and are reviewed on a first come first serve basis .
8. Prior to acceptance of final plats developers are required to prepare and submit re cord drawings.
All record drawings sha ll be created in accordance with the requirements detailed in the Record
6
Drawing Requirements and Procedure form provided by the Engine ering Division . This form must
be signed by the developer prior to construction plan approval.
9. All utility lines serving the subdivision, including but not limited to power, telephone and television
cables shall be installed underground. Adequate easements shall be provided for all such utility
lines, which will not be located within the right-of-way. All existing non-City maintained utility lines
must be relocated outside the right of way.
10. 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."
11. 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 pay to 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). These requirements can be complied with during the preliminary plat proce ss or at
Final Plat. If these requirements are fulfilled at final plat the Developer shall adhere to the water
rights policy in place at time of final platting.
12. Approval of this plat is dependent upon the approval of the pending rezone of the site from RS-20
to RS -12 (MF# Z2019-003).
RECOMMENDATION
MOTION: I move to clo se the hearing on the proposed preliminary plat and set May 16, 2019 as the date
for deliberations and the development of a recommendation for the City Council.
7
Overview
Map
Item: Preliminary Plat -Black Belle Estates
Applicant: J&J Kelly Construction, Inc.
File #: PP2019-001
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Vicinity
Map
Item: Preliminary Plat -Black Belle Estates
Applicant: J&J Kelly Construction, Inc.
File#: PP2019-001
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Land Use
Map
Item: Preliminary Plat -Black Belle Estates
Applicant: J&J Kelly Construction, Inc.
File#: PP20 19 -001
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~1 1 1~ PaS'co PLANNING COMMISSION MEETING
City Hall -525 North Third Avenue -Council Chambers
THURSDAY, April 18, 2019
7:00 PM
MASTER FILE#:
APPLICANT:
REQUEST:
1. PROPERTY DESCRIPTION:
Legals:
z 2019-001
Enrique Salas
4616 Ivy Rd
Pasco WA 99301
REZONE : Rezone 3 parcels from RT (Residential Transition) to
R-1 (Low-Density Residential)
BACKGROUND
lot 1: Washington Addition Block 4 (APN #113881015)
lot 2: Washington Addition Block 3 lots 1 & 2 (APN # 113882014)
Lot 3: Washington Addition Block 3; lots 3 to 22 (APN #113882023)
Lot 4 : Washington Addition Block 2 (APN #113883013)
lot 5: Washington Addition Block 6 lots 1 THRU 8 (APN #113882103)
General location: East of Heritage Boulevard, roughly aligned with East Helena Street
Property Size: The site consists of three parcels comprising approximately 4. 77 Acres, as follows:
Lot# Sq. Ft. Acres
Lot 1 61,342 1.41
Lot 2 4,228 0 .10
Lot 3 57,119 1.31
Lot 4 61 ,389 1.41
Lot 5 23,533 0.54
Total 207,611 4 .77
2. ACCESS: The parcels are currently landlocked; East Helena Drive would need to extend east from
Heritage Boulevard, along the south of the lots and through to what is now called Primavera Drive
in the Tierra Vida subdivision to the east. A road extending from between lots 2 and 3 may be
required to extend south to East "A" Street.
3. UTILITIES: Both water and sewer would need to be extended from either Primavera Drive to the
east and/or at the intersection of Heritage Boulevard and East Helena Drive to the west.
4. LAND USE AND ZONING: The lots are currently vacant and are zo ned RT {Residential Transition).
Surrounding properties are zone d and developed as follows:
NORTH :
EAST :
SOUTH :
WEST :
C-3
R-1
RT; C-3
RT
Salvaged Auto Storage
Vacant
Vacant
Vacant
5. Comprehensive Plan : Under the current Comprehensive Plan land use designation of Low -Density
Residential, the land could be zoned R-S-20 , R-S-12, R-S-1, R-1 , and/or R-1-A.
Land Use Goal H-1 Encourag es housing for all economic segments of the city's population . Housing
in east Pasco is typically more affordable than the rest of the Tr i-c ities area. Land Use Policy H-1-
D Policy further encourages avoiding large concentrations of high -den sity housing. The land is
close to two Tierra Vida apartment developments. Goal H-2 encourages the City to "strive to
maintain a variety of housing consistent with the local and regional market." Policy H-2-A
Advocates for a full range of residential environments including single family homes.
6. ENVIRONMENTAL DETERMINATION: The City of Pa sco 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-Sign ificance is likely for this
application {WAC 197-11-3 55).
ANALYSIS
Applicant is see king to rezo ne tax parcels located east of Heritage Boul evard, roughly aligned with East
Helena Street from RT (R es identi al Tran si tion) to R-1 {Low-Density Re sidential), consistent with the
Comprehensive Plan designation for the property.
The site, platted in 1913 as the Wa shington Addition to Pasco , wa s originally designed as a re sidential
neighborhoo d but was never developed. The site is va cant. The site was annexed into th e City in 1994
{Ordinance 3033) and assigned th e Residential Tran sition zoning designation. The RT zone is typically used
as a holding zone for areas that lack utility services. As utilities and infrastruct ure become available RT
zoned properties are then zo ned to match the land use designa tions of the Comprehensive Plan .
The Comprehensive Plan designates the site for Low-Density Re sidential uses. The area identified as low-
density re sidential development by the Comprehen sive Plan is described as Residential development at a
d ens ity of 2 to 5 dwelling units per acre and could be zoned R-S-20, R-S -12, R-S -1, R-1, and/or R-1-A.
This r e port went to Planning commission in March but there was so me confusion on which sites were to
be included in th e rezone, spe cifica lly parcel# 113882103 (listed as "Lot 5" above), which was purchased
by applicant and business partners but not included on the initial application; and parcel # 113882014
(listed as "Lot 2" above), the owner of which ha s not respo nded to our public notice and who m we sus pect
is decea sed .
The second parcel comprises two lots at the far upper left of parcel #113882023 ("Lot 3" above), and
excluding it from the rezone would result in an illegal "spot zoning" situation. Spot Zoning has been
defined as "arbitrary and unrea sonable zoning action by whi ch a smaller area is singled out of a larger
area or district and specially zoned for use classification totally different from and inconsistent with the
cla ssi fi ca tion of the surrounding land , not in accordance with a comprehensive plan " {See: Narrowsview
Pre servation Association v. Cit y of Tacoma , 84 Wn .2d 416 {1974)).
2
As a result, staff sent out a new public notice, including the updated parcel list, to all owners listed on the
Franklin County Tax Assessor's roll for the parcels listed , and within 300 feet of sa me.
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:
l. The date the existing zone became effective:
The current zoning classification of RT (Residential Transition) became effective on July 23, 1994
(Ordinance 3033), upon annexation into the City.
2. The changed conditions, which are alleged to warrant other or additional zoning:
Heritage Boulevard has been upgraded and realigned to accommodate heavy tru ck 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). We st
of Heritage Bo ulevard, low-density residential has been developed as the Sunrise Estates neighborhood.
3. Fa ct s to ju stify the change on the basis of advancing the public health, safety and general welfare:
The prop osed zoning reques t 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 single-family homes 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 single-family residential
development 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 s urrounding
properties on Heritage Boulevard, East "A" Street, and in the Tierra Vida subdivision.
S. The effect on the property owner or owners if the request is not granted:
Because the RT zoning permits single family homes on a minimum of 5 acres for development, and the
property zoned RT co mprises approximately 4 . 77 acre s, th e property owners will be severely limited by the
constraints of the RT zoning designation in their ability to either develop or t o sell the property.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record . The following are initial finding s drawn from the
background and analysis section of the staff report. The Planning Commission may add additional finding s
to this list ing as the result of fa ctual testimony and evidence submitted during the open re co rd hearing.
l. Applicant ha s applied to re zo ne three ta x parcels from RT (Residential Tran sition) to R-1 (Low -
Density Re sidential),
2. The proposed rezone is consistent with the Comprehensive Plan de sig nation for the property.
3. The par ce ls are located east of He ritage Boulevard, roughly aligned with East Helena Street.
4. The site was platted in 1913 as the Washington Addition to Pasco.
S. The site was originally de signed as a residential neighborhood .
3
6. The site is vacant.
7 . The site was annexed into the City in 1994 (Ordinance 3033).
8. The site is zoned RT (Residential Transition).
9 . The RT zone is typically used as a holding zone for areas that lack utility services .
10. RT zoned properties are rezoned con sistent with the land use designations of the Comprehensive
Plan as utilities and infrastructure become available.
11. The current Comprehensive Plan land use designation is Low-Density Residential.
12. Under the Comprehen sive Plan Low-Density Residential designation, the property could be zoned
R-S-20 , R-S-12, R-S-1, R-1, and/or R-1-A.
13. The current zoning classification of RT (Residential Transition) became effective on July 23, 1994
(Ordinance 3033), upon annexation into the City.
14. Heritage Boulevard has been upgraded and realigned to accommodate heavy truck traffic
originating from the industrially zoned properties to the south.
15. Some industrial uses have been developed to the southeast ofthe site .
16. High-density housing (Tierra Vida Apartments) has been developed to the east.
17. Low-den sity housing (Sunrise Estate s) has been developed to the west of Heritage Boulevard .
18. The proposed zoning request is consistent with the Comprehensive Plan .
19. The rezone would allow for development of single -family homes .
20. Any development will require developers to install/upgrade street, utilities and land scaping in the
area, including extending Helena from the site west to connect to Heritage Boulevard and/or ea st
towards th e Tierra Vida neighborhood. A connection southward to East "A" Street may al so be
required .
21. The current RT zoning requires a minimum of 5 acres per single family home.
22. The property zoned RT comprises approximately 4. 77 acres.
23. The RT zoning designation severely limits the property owner's ability to either develop or sell the
property.
No concomitant agreement would be required .
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 conclu sions 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 Compreh ensive Plan Land Use Map and Comprehen sive Plan Policy
Land Use Goals; H-1 Encourages housing for all economic segments of the city's populatio n. Housing in
ea st Pasco is typically more affordable than the rest of the Tri-cities area. Land Use Policy H-1-0 Policy
encourages avoiding large con centrations of high-density housing {The land is close to two Tierra Vida
4
apartment developments). Goal H-2 encourages the City to "strive to maintain a variety of housing
consistent with the local and regional market. 11 Policy H-2-A Advocates for a full range of re sidential
environments, including single-family homes.
2. The effect of the proposal on the immediate vici nity will not be materially detrimental.
The immediate area is shown in the Comprehensive Plan for Low-Density Residential zoning. The Low-
Density Residential designation allows for R-5-20, R-5-12, R-5-1, R-1, and/or R-1-A zoning district. The
proposed rezone is co nsistent with the referenced plan; As such, this proposal will not be materially
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.
The proposed zoning is consistent with the Comprehensive Plan Land Use Map. The site is lo ca ted between
two reside ntial zoning districts to the east and west, and is proximal to Heritage Boulevard and East "A"
Street; Comprehensive Plan Policy Land Use Goals; H-1 Encourages housing for all economic segments of
the city's population. Housing in east Pasco is typically more affordable than the rest of the Tri-cities area.
Land Use Policy H-1-D Policy encourages avoiding large concentrations of high-density housing (The land
is close to two Tierra Vida apartment developments). Goal H-2 encourages the City to "s trive to maintain
a variety of housing consistent with the local and regional market." Policy H-2 -A Advocates for a full range
of residential environments including single family homes. 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 residential development. Furthermore, with o
rezone the area would need to be re-platted to meet current City subdivision standards. The Preliminary
Platting process requires review through the Planning Commission and City Council. If or when applicants
pursue the development of this property, they w ill be required to conform to subdivision and 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 term s and con ditions of suc h an agreement.
If or when applicants pursue the development of this property, they will be required to conform to
subdivision and design standards established by the PMC. No Concomitant Agreement is considered
necessary for this application.
RECOMMENDATION
MOTION : I move to close the hearing and adopt Findings of Fact and conclusions therefrom as contained
in the April 18, 2019 staff report.
MOTION: I move based on the Findings of Fact and concl usions as adopted the Planning Commission
recommend the City Counci l rezone the four parcels from RT (Residential Transition) to R-1
(Low-Density Residential).
5
Overview
Map
Item: Salas Rezone -RT to R-1
Applicant: Enrique Salas
File#: Z 2019-001
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Item: Salas Rezone -RT to R-1
Applicant: Enrique Salas
File #: Z 2019-001
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Item: Salas Rezone -RT to R-1
Applicant: Enrique Salas
File #: Z 2019-001
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Item: Salas Rezone -RT to R-1
Applicant: Enrique Salas
File #: Z 2019-001
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MASTER FILE#:
APPLICANT:
REQUEST:
PLANNING COMMISS ION MEETING
City Hall -525 North Thir d Avenue -Council Chambers
DATE: THURSDAY, April 18, 2019
7 :00 PM
z 2019-004
YESMAR Properties Inc.
PO Box 2384
Pasco WA 99302
REZONE : Rezone 1 parcel from C-1 (Reta il Bus ines s) to C-3
(General Business)
BACKGROUND
1. PROPERTY DESCRIPTION :
Legal: Lovii sa Farms II Pha se 6 Tract "A" (APN #118010147)
General Locat ion: 8425 Chapel Hill Boulevard ; Northwest Corner of Road 84 and Chapel Hill
Boulevard
Property Size : The site consist s of three parcels comprising approximately 3.13 acres .
2. ACCESS : The parcel has access from Chapel Hill Boulevard.
3. UT ILITIES : Both water and sewer are available off of Chapel Hill Boulevard ; Irrigation is located
along the full length of the north property line.
4. LAND USE AND ZONING : The lots are currently vacant and are zoned RT (Resi d ential Trans ition).
Surrounding properties are zoned and developed as follows :
NORTH :
EAST :
SOUTH :
WEST :
C-1
R-3
R-1
R-1
RV Park
Vacant
SFDUs
SFDUs
5. Comprehensive Plan : Under the current Comprehensive Plan land use designations of
"Commercial" the property may be zoned "O," BP, C-1 , C-2 , C-3 , or CR . The Commercial
designation is described as including "Neighborhood, community and regional shopping and
specialty centers, business parks , service and office use s."
Comprehensive Plan Land Use goals and policies include the following:
LU -1. Goal : take deliberate, consi stent, and continuou s actions to improve the commun ity's
quality of life and achieve the vision .
LU-1-C Policy : Encourage cluster commercial development and discourage strip
commercial development.
Lu-4 . Goal : encourage high quality community and regional shopping facilities and commercial
and industrial development.
LU-4-A Policy: Locate commercial facilities at major street intersections to avoid
commercial sprawl and avoid disruptions of residential neighborhoods; and leverage
major infrastructure availability.
LU-4-B Policy: Plan for major commercial centers which promote functional and
economical marketing and operations and produce sustainable clusters of shopping and
services.
LU -3 -C Policy: Maintain and apply design standards and guidelines that will result in
attractive and efficient centers.
Similarly, Comprehensive Plan Economic Development goals and policies include the following:
Ed-2. Goal : assure appropriate location and design of commercial and industrial facilities.
ED -2-B Policy: Encourage development of a wide range of commercial and industrial uses
strategically located to support local and regional needs.
Ed-3. Goal: maintain development standards and design guidelines to ensure that commercial and
industrial developments are good neighbors.
ED-3-A Policy: Enhance compatibility of commercial and industrial development with
residential and mixed use neighborhoods through the use of landscaping, screening, and
superior building design standards and guidelines.
ED-3-B Policy: Avoid excessive outdoor illumination and ostentatious identification of
business activities.
ED-3-C Policy : Provide sufficient, accessible, and attractive off-street parking facilities.
ED-3-D Policy: Require existing commercial and industrial facilities to conform to city
design and site amenity standards, when expansion and/or new facilities are proposed.
ED-3-E Policy : Use sufficient landscaping and appropriate screening as well as other
methods to buffer less intensive uses from utilitarian parts of commercial and industrial
facilities.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An
environmental determination will be made after the public hearing for this project. A
Determination of Non-Significance or Mitigated Determination of Non-Significance is likely for this
application (WAC 197-11-355).
ANALYSIS
Applicant is seeking to rezone 8425 Chapel Hill Boulevard (the property located at the northwest corner
of Chapel Hill Boulevard and Road 84) from C-1 (Retail Business) to C-3 (General Business), in anticipation
of locating a microbrewery on the site.
As per Pasco Municipal Code (PMC) 25.44 .020(27) Micro-Breweries, producing under 60,000 barrels
annually, are only explicitly allowed in the C-2 zoning district. Because they are allowed in the C-2 zoning
district they would also be allowed in the C-3 zone and in any of the Industrial zones of the city under PMC
25.52.020(9) "bottling" and (11) "Food Products ." C-3 zoning is one of the possible zoning designations
consistent with the Comprehensive Plan for the property.
2
The site was annexed into the City in August 16, 1982 (Ordinance 2388), and subsequently platted in 2005
as "Tract A" of the Loviisa Farms II Phase 6 subdivision. The site now contains two commercial shop
buildings. Surrounding properties have been developed as follows: The Sandy Heights Recreational
Vehicle park to the north; Vacant land to the east which was rezoned to R-3 in 2014 as a part of the DNR
land sale (lands just south of this parcel are zoned R-1 and are in process of single-family development);
and the Loviisa Farms residential subdivision to the south and east, platted between 2003 and 2005 and
fully developed with single-family homes.
The Comprehensive Plan designates the property Commercial, which allows for "O," BP, C-1, C-2, C-3, or
CR zoning. The Commercial designation is described as including "Neighborhood, community and regional
shopping and specialty centers, business parks, service and office 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:
The current zoning classification was changed from RT (Residential Transition) to C-1 (Retail Business)
became effective on November 3, 2003 (Ordinance 3633).
2. The changed conditions, which are alleged to warrant other or additional zoning:
The site itself has been recently developed with two commercial retail shops. The area to the east of the
site is being built out with single-family dwellings; Chapel Hill Boulevard is in the process of being extended
from Road 84 to connect up with Road 68 to the east. A potential client wishes to locate a microbrewery
at the site.
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 allows for "O," BP, C-1, C-
2, C-3, or CR zoning.
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 microbrewery at the
location . The Comprehensive Plan allows for "O," BP, C-1, C-2, C-3, or CR zoning at the site. The character
of the surrounding properties is mostly residential, with access to Chapel Hill Boulevard, an arterial street.
5. The effect on the property owner or owners if the request is not granted :
If the property is not rezoned to C-3 it will continue to be limited by the constraints of the C-1 zoning
designation, which currently allows for the following: all uses permitted in the 'O' Office district;
automobile detail shops and automobile rental or leasing; banks; dancing schools; hotels and motels;
printing shops; restaurants; stores and shops for the conduct of retail business; stores and shops for repair
and similar services such as bakeries, retail for distribution from the premises, barbershops and beauty
shops, catering establishments, garage and filling stations, laundromats and dry-cleaning establishments,
locksmith shops, offices, membership clubs, photo shops, shoe repair shops; upholstery shops, sign shops;
theaters; and veterinarian clinics for household pets.
3
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record . The follow ing are initial finding s drawn from the
background and analysis section of the staff report . The Planning Commi ssion 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 8425 Chapel Hill Boulevard from C-1 to C-3
2. The Comprehensive Plan designates the property Commercial
3. Comprehensive Plan "Commercial" allows for "O," BP, C-1, C-2, C-3, or CR zoning .
4. The Commercial designation is described as including "Neighborhood, community and regional
shopping and specialty centers, business parks , service and office uses ."
5. The purpose of the rezone is for the location of a microbrewery on site.
6. Pasco Municipal Code (PMC) 25.44.020(27) allows Micro-Breweries, producing under 60,000
barrels annually in the C-2 zoning district.
7. Because microbreweries are allowed in the C-2 zoning district they would also be allowed in the
C-3 zone and in any of the Industrial zones of the city
8. C-3 zoning is one of the possible zoning designations consistent with the Comprehensive Plan for
the property.
9. The site was annexed into the City in August 16, 1982 (Ordinance 2388).
10. The site was platted in 2005 as "Tract A" of the Loviisa Farms II Phase 6 subdivision.
11. The site has been developed with two commercial shop buildings .
12. Surrounding properties have been developed as follows:
a. The Sandy Heights Recreational Vehicle park to the north;
b. Vacant land to the east which was rezoned to R-3 in 2014 as a part of the Department of
Natural Resources (DNR) land sale
c. Lands just south of this parcel are zoned R-1 and are in process of single-family
development); and
d. the Loviisa Farms residential subdivision to the south and east, platted between 2003 and
2005 and fully developed with single -family homes .
13. Chapel Hill Boulevard is in the process of being extended from Road 84 to connect up with Road
68 to the east.
A concomitant agreement would be required .
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 .
Under the current Comprehensive Plan land use designations of "Commercial" the property may be zoned
"O," BP, C-1, C-2, C-3, or CR . The Comprehen sive Plan also requires the City to take adjacent uses into
consideration when deciding zoning . The Commercial designation is described as including
"Neighborhood, community and regional shopping and specialty centers, business parks , service and
office uses ."
Policy LU-1-C requires the city to "Encourage cluster commercial development and discourage strip
commercial development," and Policy LU-4-B says "Plan for major commercial centers which promote
functional and economical marketing and operations and produce sustainable clu sters of shopping and
4
services." This use would be considered a strip development, as it is not clustered with any other
commercial retail uses .
Policy LU-4-A urges 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," and Policy ED-2-B states "Encourage development of a wide range of commercial and
industrial uses strategically located to support local and regional needs." The proposed use is at the
intersection of two minor arterial streets, Chapel Hill Boulevard and Road 84 .
Policy LU-3-C requires the City to "Maintain and apply design standards and guidelines that will result in
attractive and efficient centers," and Goal Ed-2, "assure appropriate location and design of commercial
and industrial facilities ." Goal Ed-3 , "maintain development standards and design guidelines to ensure
that commercial and industrial developments are good neighbors," and Policy ED -3-A "Enhance
compatibility of commercial and industrial development with residential and mi xed use neighborhoods
through the use of landscaping, screening, and superior building design standards and guidelines." A
concomitant agreement may be required to satisfy aesthetic consideration s.
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 and Low-Density Re sidential
zoning. The Commercial designated areas may be zoned "O," BP , C-1 , C-2, C-3, or CR, as appropriate. The
Low-Density Resident ial designation allows for R-5 -20, R-5-12, R-5-1, R-1, and/or R-1-A zoning district.
Given the proximity of low-density residential zoning to the south and west, the proposed rezone may be
considered consistent with the referenced plans if accompanied by a concomitant agreement limiting the
uses to those found in the C-1 zoning district, with the addition of microbreweries, and adding some
aesthetic considerations.
3. There is merit and value in the proposal for the community as a whole.
The proposed zoning consistent with the Comprehensive Plan Land Use Map. The site proximal to
residential zoning districts to the east, south and west, and it is also located at the intersection of two
minor arterial streets, Chapel Hill Boulevard and Road 84; as such it has potential of being a benefit to the
community if proper aesthetic considerations are followed to mitigate its proximity to residential
neighborhoods . A concomitant agreement limiting the uses to those found in the C-1 zoning district, with
the addition of microbreweries, and adding some aesthetic considerations would be appropriate.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
The Pasco Municipal Code includes design standards for both commercial and residential development. A
concomitant agreement limiting the uses to those found in the C-1 zoning district, with the addition of
microbreweries, and adding specific conditions pertaining to design standards is recommended .
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 limiting the uses to those found in the C-1 zoning district, with the addition of
microbreweries, and adding specific conditions pertaining to design standards is recommended .
RECOMMENDATION
MOTION : I move to close the hearing on the proposed rezone and set May 16, 2019 as the date for
deliberations and the development of a recommendation for the City Council.
5
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 agree ments 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 rez one 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 :
Loviisa Farms II Phase 6 Tract ''A" (APN#118010147)
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 sanction s 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:
I. 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 m
interest of the Owner(s) of the property herein described.
4 . Conditions : The following design standards are required:
a. Uses shall be restricted to all those allowed in the C-1 Zoning district, with the
addition of microbreweries; and
b . Compliance with the development regulations as contained in PMC 25.130 "l-
182 Corridor Overlay District" shall be required , including but not limited to
the following:
1. PMC 25.130.080(2): "Exterior walls mu st include more than two of the
following architectural fea tures: columns, pilasters, belt courses,
brackets , a rches , dec orative molding, quoins an d si milar architectural
features " and
11. PM C 25.130.080(3): "A ll new retail buildings sha ll ha ve w ind ows,
doors or displa y areas that cover 25 percent of the first fl oo r frontage
wall area (walls that face frontage streets)," and
111. PMC 25 .130.080( 4) "Pedestrian entries mu st be emphasized through
lan dscaped entry approaches consistent with the building d esign and
theme , by the use o f mod ul ation to emphasize ind e ntation or protrusion
of th at portion of th e buildin g containing th e e ntran ce, or by th e
inclu sio n of porte-coc here or other covered entry methods."
T he person(s) whose names are subscrib ed herei n do hereby certify that th ey are the
sole ho ld er s of fee s imple intere st in the above-described property:
STATE OF WASHINGTON)
County of Franklin
) SS.
)
On this __ day of 20 19 , be fore me , the
unde rs ig ned , duly com mi ss ioned a nd sworn , perso na ll y appeared
to
me known to be the individual(s) described above a nd who exec uted the within
a nd fo regoing in strument as an agent of the owner(s) of record , and
acknowledged to m e that he/sh e/they s igne d th e same as hi s/he r/their free and
vo luntary act and deed , for the uses and purposes there in menti oned, a nd on
oath state d th at he/she/th ey is/are a uth orized to execute th e s aid in strum ent.
GIVEN und er by hand and offi cial seal this __ d ay of
'20 19 . --------
Notary Public in and for t he State
of Washington, residing at--------
* * * *
Overview
Map
Item: YESMAR Rezone -C-1 to C-3
Applicant: YESMAR Properties Inc.
File #: Z 2019-004
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Item : YESMAR Rezone -C-1 to C-3
Applicant: YESMAR Properties Inc.
File#: Z 2019-004
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Land Use
Map
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Item: YESMAR Rezone -C-1 to C-3
Applicant: YESMAR Properties Inc.
File#: Z 2019-004
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Item: YESMAR Rezone -C-1 to C-3
Applicant: YESMAR Properties Inc.
File #: Z 2019-004
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1lii Pd.5co REPORT TO PLANNING COMMISSION
PLANNING COMMISSION MEETING
City Hall -525 North Third Avenue -Council Chambers
THURSDAY, APRIL 18, 2019
7:00 PM
MASTER FILE#:
APPLICANT:
REQUEST:
SP 2019-002
Franklin County Historical Society
305 North 4th Avenue
Pasco, Washington 99301
SPECIAL PERMIT : Franklin County Museum Annex
BACKGROUND
1. PROPERTY DESCR IPTION:
Legal :
General Location :
Property Size:
GERRYS ADD Ell' OF LOT 19 & ALL OF LOTS 20 THRU 24 BLOCK 7
417, 421, 425 West Bonneville
0.46 acres
2. ACCESS : The property has access from N 4th Avenue and W Bonneville Street
3. UTILITIES: Municipal water and sewer service are available to the property.
4 . LAND USE AND ZONING: The site is zoned R-3 (Medium Density Residential District). Surrounding
properties are zoned and developed as follows:
NORTH:
EAST :
SOUTH :
WEST :
R-3
R-3
C-1
C-1
Office I SFDUs
SFDUs
Surface Parking Lot I Retail
Services (Personal)
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for mixed residential
development. The purpose and description for the mixed residential land use includes single -family
dwelling units, patio homes, townhouses, apartments and condominiums at a density of 5-20
dwelling units per acre. The mixed residential designation also serves as a trans ition between lower
and higher density. Policy LU-2-B of the Comprehensive Plan encourages the support of existing and
future recreational, educational and cultural facilities and services within neighborhoods.
6. ENVIRONMENTAL DETERMINATION : The City of Pasco is the lead agency for this project. An
environmental determination will be made after the public hearing for this project. A Determination
of Non-Significance or Mitigated Determination of Non -Significance is likely for this application per
WAC 197-11-355
1
ANALYSIS
The Franklin County Hi storica l Museum Society proposes to construct a separate (detached) 3,500 square-
foot museum annex that will serve as an extension to the existing Franklin County Museum . The site is zoned
R-3 (Medium Density Residential) distr ict as is much of the surrounding area. The Downtown Pa sco/ Central
Business district is immediately to the south of the site . The Pasco Municipal Code states that a special permit
for the preservation of a historic place may be requested for uses not otherwise permitted within the
applicable district.
The site previously consisted of three separate and adjoining residential lots that were recently consolidated
and recorded by the Franklin County Accessors Office (Parcel #112-052 -244). Current plans indicate that the
new building will have dimensions of 50' x 70' and built using a pre-engineered steel material. Approximately
one -third of the new building area would be used for the storage of museum material culture collections
which are curre ntly stored off-site. The remaining area would be used for general exhibition space and a
proposed location for a new Mid -Columb ia Ag Hall of Fame d isplay.
Current design plans indicate that the building will also feature a combination of a metal, stucco and glass to
complement the existing museum . The Museum was originally constructed in 1910 as part of Andrew
Carnegie's worldwide library construction program. In 1980 the Franklin County Historical Society was
offered the opportunity to use the building as its museum. It opened to the public as the Franklin County
Histori cal Museum on January 3, 1983 .
The applicant was notified and acknowledged potential conflicts regarding power access from the Franklin
Public Utilities District. The applicant was also made aware of site layout concerns from planning staff
regarding the setback (d istance from building entrance to sidewalk and street) interfering with the character
of the existing structure and surrounding neighborhood . A response was received by staff noting that there
would not be a significant issue regarding building placement and would be discussed again with the society
development committee .
A special permit was submitted and discussed with the Planning Commission in November 2018 . At that
meeting the item was moved to be continued however no further discussion was held at the December 20,
2018 Planning Commission meeting.
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 t estimony and evidence submitted during the open record hearing.
1. The site is located on previously three separate parcels addressed as 419, 421 and 425 W Bonneville
Street.
2. The site is zoned R-3 (Medium Density Residential)
3. The site is located immediately to the east of the Franklin County Museum .
2
4. The proposed annex building w i ll be an extension of the existing museum and will be used for storage
and exhibition space .
5. The building will total 3,500 square feet (SO' x 70') in size and is to be co nstructed out of stucco, metal
and glass.
6. The Franklin County Museum is classified as a National Historic Site.
7. The use of a historic place may be requested via Special Permit for uses not otherwise permitted
within the applicable district of the site.
8. The museum was constructed as a Carnegie Library in 1911 and has been in use as museum since
1983.
TENTATIVE 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. Will the proposed use be in accordance with the goals, policies, objectives and text of the
Comprehensive Plan?
a) Policy LU-2-B of the City Comprehensive Plan encourages the fostering of adequate
provisions for educational and cultural facilit ies throughout the urban growth area , includ ing
information exhibits.
2. Will the proposed use adversely affect public infrastructure?
a) The proposal will not generate an abnormal impact to public infrastructure such as water
and sewer. The site will be served by the existing transportation network including var ious
Ben Franklin Transit routes within walking distance .
3. Will the proposed use be constructed, maintained and operated to be in harmony with the existing
or intended character of the general vicinity?
a) The applicant intends to complement the appearance of the existing museum by
constructing the annex building with stucco, glass and metal. The submitted design
renderings appear to include noticeable differences in the style of the annex building
compared to the exiting museum . The museums exterior is primarily stucco while the annex
is predominately metal.
b) Prelim i nary design indicates that parking will be located in front of the building resulting in
about 150' separation between the sidewalk and entrance . This layout would interfere with
the built environment of the surrounding neighborhood including Downtown Pasco
immediate to the south.
3
c) The preliminary design layout proposes upwards of 25 parking spots including the removal
of landscaped grass to the south of the existing museum building. Per the Pasco Municipal
Code , section 25.185.170, this facility would require one space per 250 square feet of floor
area . In this case , that would amount to 14 parking spaces . Smart Growth strategies and
guidance from the EPA indicate that an overabundance of parking can be a deterrent to
walkable communities and development.
4. Will the location and height of proposed structures and the site design discourage the development
of permitted uses on property in the general vicinity or impair the value thereof?
a) Prior renderings indicate a maximum height of 22 feet. The allowed maximum height in
the R-3 zoning district is 35 feet. The height of the proposed building will not result in
any nuisance situations however the appearance and style of the exterior may . As
currently designed, the appearan ce of the structure will contrast with the surrounding
neighborhood character.
5. Will the operations in connection with the proposal be more objectionable to nearby properties by
reason of noise, fumes, vibration s, dust, traffic, or flashing lights than would be the operation of any
permitted uses within the district?
a) The proposed annex building and operations is not expected to create adverse impacts
to other permitted uses .
6. Will the proposed use endanger the public health or safety if located and developed where proposed ,
or in any way will become a nu isance to uses permitted in the district?
a) It is expected that the proposed annex building will not cause harm to the health and
safety of the public and that the associated activity will not become a nuisance to the
permitted uses in the vicinity .
PROPOSED APPROVAL CONDITIONS
1. The Special Permit shall apply to ta x parcel 112 -052-244;
2. No outdoor storage of equipment or materials shall be allowed;
3. The applicant shall comply with all building code requirements for the occupancy class applicable to
the use;
MOTION:
RECOMMENDATION
I move to continue the public hearing for the Special Permit on the proposed location for
an annex building for the Franklin County Museum in the R-3 {Medium Den sity Residential)
zoning district to the May 16, 2019 Planning Commission meeting.
4
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I I City11 '-I ii" Pasco
MEMORANDUM TO PLANNING COMMISSION
PLANNING COMMISSION MEETING
TO:
FROM:
City Hall -525 North Third Avenue -Council Chambers
DATE: THURSDAY, March 215 \ 2019
7:00 PM
Planning Commission
SUBJECT:
Jacob B. Gonzalez, Senior Planner
MF# CA2019-008 -Special Permits
City staff received a code amendment request to allow a currently operating business to store
and operate an auto-wrecking yard in an adjoining C-3 (General Business} zoning district. This
request would amend the Special Permits Chapter (25.200} of the Pasco Municipal Code (PMC}.
Applications for a Special Permit require additional review by both the Planning Commission and
the City Council. This allows for mitigation measures to be considered to reduce or eliminate any
negative impacts on surrounding uses.
The proposed code amendment would add an additional unclassified use:
{13) Auto wrecking yard, subject to the performance standards of 25.120.020 (2) (a-e).
PMC 25.200.020 Unclassified Uses
The following uses shall be considered unclassified:
(1) High schools, colleges, universities, vocational schools, business colleges and other similar
academic or skills training facilities or institutions not heretofore permitted within any district;
(2) Cemeteries, crematories, mausoleums, and other places of burial or interment of remains;
(3) Churches;
(4) Community service facilities, levels one and two, as defined in PMC 25 .15.050;
(5) Airports, heliports, or any other landing or maneuvering space for aircraft, together with
terminals and other customary facilities accessory to the unclassified use;
(6) Golf courses, pitch-and-putt courses, miniature golf courses, water parks, sports complexes,
riding stables, and similar facilities for public, private or membership use;
(7) Monasteries, convents or other functionally similar facilities;
(8) Landfills, garbage dumps, and resource recovery facilities;
(9) Off-s ite parking lots, except those required for a residential use, provided such parking area
is not more than 500 feet from the building;
(10) Electrical substations and load transfer stations, natural gas booster stations, and other
similar utility facilities;
(11) Park-and-ride lots, off-street transfer stations or other similar facilities involving the storage,
start-up, idling and movement of public or privately operated carriers, charter or transit buses,
vans, and similar vehicles ; and
(12) Agricultural use (commercial), except in areas 1,000 feet from a residential zoning district,
subdivision or dwelling unit.
The text referencing PMC 25.120.020 regards to the permitted uses of the 1-2 (Medium Industrial
District).
(2) Junkyards, automobile wrecking yards, scrap iron, scrap paper, or rag storage, sorting or
bailing shall be permitted, provided:
(a) An eight-foot, sight-obscuring fence must be constructed and inspected prior to the
issuance of a certificate of occupancy for use of the goods. The fence shall be of solid
single neutral color.
(b) No automobile or parts thereof, junk or salvage materials or parts thereof shall be
visible from any public right-of-way . All materials or parts shall be located within the
fenced area.
(c) Fire lanes shall be provided as required in the International Fire Code .
(d) A performance bond for $1,000 shall be required prior to the issuance of an
occupancy permit, to ensure compliance with provisions of this section . The bond shall
remain in force as long as the use exists.
(e) The permit shall be granted for a period not to exceed two years, and at the end of
such period an inspection shall be made of the premises to determine the advisability of
renewing such permit. [Ord. 3354 § 2, 1999; Code 1970 § 25 .54 .020.]
The proposed code amendment would apply citywide. An exact location of the business (client)
that the applicant working for was not provided .
City staff would appreciate comments about the proposed amendment and direction from the
Planning Commission including taking the item to a public hearing at an upcoming meeting.
Attached is the original letter submitted by the applicant.
2
3-4-19
Mr. Rick White
Land Use Solutions
& Entitlement
Land Use Planning Services
9101 N . MT. VIEW LANE Spokane, WA 99218
50 9 -435 -310 8 (V)
Community & Economic Development Director
City Hall
525 N Third A venue
Pasco WA 99301
Ref: Request for Zone Code Amendment
Dear Mr. White :
My client owns and operates a valid non-conforming auto wrecking yard within the C-3 zone
and is unable to expand the operation into the adjoining C-3 zone and is permitted to store
vehicles on that property but not operate a s a wrecking yard. I therefore propose the following
text amendment:
Add to Chapter 25 .200 Special Permits under PMC 2 5.200.020 "Uncla ss ified Uses" a new line
item as (13) Auto wrecking yard, subject to the performance standards of 25.120.020 (2) (a-e).
Please let me know when this request will be di scu ss ed with the Planning Commission as a
workshop item and include any staff proposal s concerning this. I remain available to di s cu ss this
with you and/or your staff at any time.
Respectfully requested
!§~f~
Land Use Solutions and Entitlement