HomeMy WebLinkAbout05-08-2024 HE PacketAGENDA
HEARING EXAMINER MEETING
City Hall – 525 North Third Avenue
Council Chambers
WEDNESDAY, May 8, 2024
6:00 PM
This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.com/psctvlive.
Audio equipment available for the hearing impaired; contact staff for assistance.
I. CALL TO ORDER
II. PUBLIC HEARINGS
• HE 2024-003 Adkins 6’ Tall Fence Variance
• SP 2023-019 PA & J Investments LLC
• Z 2024-002 Peak Townplace C-1 to R-3
III. ADJOURNMENT
REPORT TO THE HEARING EXAMINER
City Hall – 525 North Third Avenue – Council Chambers
WEDNESDAY, May 8, 2024
6:00 PM
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MASTER FILE #: HE 2024-003
APPLICANT: David & Ashley Adkins
5913 W Ruby Street
Pasco, WA 99301
REQUEST: VARIANCE: Six-foot-tall fencing within a front yard area
Timeline
27 March 2024 Application Submitted
10 April 2024 Application Deemed Complete
24 April 2024 Application Noticed for Public Hearing
1 May 2024 Public Hearing Staff Report Published
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: HAVENCOURT MEADOWS LOT 1
General Location: 5913 W Ruby Street (Parcel # 118-642-141)
Property Size: 0.59 Acres
2. ACCESS: The property has access from W Ruby Street and Road 60
3. UTILITIES: Municipal water is available in W Ruby Street and Road 60, the property utilizes an on-site
septic tank
4. LAND USE AND ZONING: The site is zoned RS-20 (Residential Suburban) and is developed with a
single-family dwelling unit and associated accessory structures. Surrounding properties are zoned
and developed as follows:
NORTH: RS-20 Residential/Single-family dwelling unit
EAST: RS-20 Residential/Single-family dwelling unit
SOUTH: RS-20 Residential/Single-family dwelling unit
WEST: RS-20 Residential/Single-family dwelling unit
ANALYSIS
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Applicants David and Ashley Adkins are requesting a variance from the height requirements for fencing within
front yard areas. The applicants are requesting for the placement of a six foot tall fence along their western
property line adjacent to public right-of-way.
Fences heights and locations are regulated by the Pasco Municipal Code (PMC). It should be noted that in
September of 2023 (Ordinance 4680) the code relating to the design standards and height requirements of
fencing were updated to add more flexibility in fence placement on corner lots. The updated code is as
follows:
25.180.050 Design standards.
(1) Fences, Walls and Hedges.
(c) The height of fences, walls and hedges shall be limited to 3.5 feet. An additional 1.5 feet comprised
of 85% transparent material is permitted for a maximum of 5 feet within the front yard area of
residentially zoned lots, retail business and office zoned lots. A 6-foot fence in the front yard next to
the side street is permitted if the property is at a corner where two corner lots are next to each other
or separated only by an alley. If the house’s front door faces the side street, any fences taller than
what is allowed in the front yard must be placed 15 feet away from the side street’s property line.
(i) Fences greater than 3.5 feet in front yards must provide address numbers to the fence in
conformance with the International Building Code.
(ii) Fences greater than 3.5 feet in front yards must be equipped with knox boxes if gates are
locked.
The definition of a front yard according to the PMC is found in Chapter 25.15:
25.15.270 Y definitions
“Yard, front” means an open and unoccupied space extending the full width of the lot between any building
and any street right-of-way adjacent the lot. The front yard shall be determined by measuring perpendicular
from the street right-of-way to the closest point of the building.
The front yard of the applicant’s property is the first twenty feet from the property where the closest building
is located. Within this area PMC requires that fences not exceed a height of 3.5’, however, the property is
proposed with numerous duplex style structures with the rear of the structures facing the Midland Lane right-
of-way. The proposed fence would act like an estate wall that is generally required for subdivisions located
adjacent to roads classified as Collectors or Arterials.
The location of the fence that has been requested to be allowed to increase to six feet in height is within the
front yard area adjacent to Road 60. The subject property is a corner lot, however, the adjacent properties
to the north and east are not, meaning the provision of PMC 25.180.050(1)(c) outright allowing six foot tall
fencing in front yard areas adjacent the side street does not apply to the subject property.
Additionally, placement of a block fence setback 15’ from the property line would place the fence on top of
the on-site septic drain field. Per WAC 246-272A-0270(1)(g)(i) relating to Operation, monitoring, and
maintenance – Owner responsibilities of On-site sewage systems:
(1) The OSS (On-site sewage system) owner is responsible for operating, monitoring, and maintaining
the OSS to minimize the risk of failure, and to accomplish this purpose shall:
(g) Protect the OSS area and the reserve area from:
(i) Cover by structures or impervious material;
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Given this restriction it would require the fencing be placed either on or near the western property line or
setback approximately 40 feet into the property from the western property line, effectively bisecting the rear
yard area.
History
The existing dwelling was constructed in 2020 under Permit B20-1993 and finished construction in 2021. The
house was sited such that the front of dwelling and garage access is provided from W Ruby Street.
Subsequently, a building permit for a six-foot-tall fence within the front yard area adjacent to Road 60 was
submitted under Permit B21-0883. This application was put “On Hold” for corrections and a “Plan Review on
Hold” letter was provided to the applicants, dated April 6, 2021. Comments were provided by Planning Staff
requesting revisions to the plan including:
1) 6’ tall fencing adjacent to Road 60 may not be located within flanking front yard area. Fence
must be setback to building line of dwelling or building line of adjacent home to (the) north’s
building line, whichever occurs first.
2) Please provide site triangle depiction in Chapter 8 of the Pasco Design and Construction
Standards on site plan. No fence greater than 2.5’ may be located in this site triangle.
It should be noted that an access easement for the property addressed 5809 W Agate Street runs adjacent
to the northern property line of the subject property and serves as the sole access point for the 5809 W Agate
Street property. However, after further review the proposed fence location regardless of height is not in
conflict with the requirements of Chapter 8 of the Pasco Design and Construction Standards.
Following the “Plan Review on Hold” letter a new site plan showing a fence height of 3.5’ along the western
property line was submitted and received approval on October 18, 2021. This fence currently exists on-site.
STAFF FINDINGS OF FACT
1. Notice of the public hearing was sent to property owners within 300 feet of the subject property and the
newspaper on April 24, 2024.
2. The property is located at 5913 W Ruby Street (Parcel # 118-642-141).
3. The property is in the RS-20 (Residential Suburban) zoning district.
4. The site is currently developed with a single family dwelling unit and associated improvements, including
an existing 3.5’ tall fence in the location of the requested height variance.
5. The applicant originally applied to have the six-foot-tall fence in 2021 and received a “Plan Review on
Hold” letter in April of that year. Subsequently, the applicant submitted a site plan for a 3.5’ tall fence
and received permit approval.
6. Applicant requests a variance from the height requirements of fencing within front yard areas to allow a
six-foot-tall masonry fence along their western property line in place of the existing 3.5’ tall fence.
7. Two members of the public submitted comments in support of approving the proposed variance.
8. The fence design standards can be found in Chapter 25.180 of the Pasco Municipal Code (PMC)
25.180.050(1)(c) Design Standards.
9. According to (PMC) 25.180.050(1)(c)
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(c) The height of fences, walls and hedges shall be limited to 3.5 feet. An additional 1.5 feet comprised
of 85% transparent material is permitted for a maximum of 5 feet within the front yard area of
residentially zoned lots, retail business and office zoned lots. A 6-foot fence in the front yard next to
the side street is permitted if the property is at a corner where two corner lots are next to each other
or separated only by an alley. If the house’s front door faces the side street, any fences taller than
what is allowed in the front yard must be placed 15 feet away from the side street’s property line.
(i) Fences greater than 3.5 feet in front yards must provide address numbers to the fence in
conformance with the International Building Code.
(ii) Fences greater than 3.5 feet in front yards must be equipped with knox boxes if gates are
locked.
10. According to (PMC) 25.15.270:
“Yard, front” means an open and unoccupied space extending the full width of the lot between any
building and any street right-of-way adjacent the lot. The front yard shall be determined by measuring
perpendicular from the street right-of-way to the closest point of the building.
CONCLUSIONS
Prior to approval of a variance, the Municipal code requires three determinations in the affirmative:
1. Because of special circumstances applicable to the subject property, including size, shape,
topography, location of surroundings, the strict application of the zoning ordinance is found to
deprive subject property of rights and privileges enjoyed by other properties in the vicinity and
under identical zone classification.
There are multiple corner lot properties within approximately 300’ of the subject property and
within the subject development including:
- 1620 Road 60
- 6005 W Agate Street
- 6007 W Court Street
- 1518 59th Court
- 5816 W Ruby Street
- 5804 W Ruby Street
- 1517 58th Court
- 5602 W Ruby Street
- 5601 W Ruby Street
All properties aside from 6007 W Court Street fall under the same zoning classification of RS-20
(Residential Suburban) with 6007 W Court Street being classified as R-1 (Low-Density Residential)
zoning. Additionally, all properties aside from 6007 W Court Street meet the requirements of the
fencing design standards. 6007 W Court street has a legal nonconforming portion of their fence
along their southeast boundary line adjacent to Road 60 that exceeds allowable fence height.
Non-corner lot properties have the entirety of their backyards fenced in with typical privacy
fencing, strict application of the zoning code would require a fence to be placed either on the
property line at a max height of 5 feet tall (top 1.5 feet being 85% transparent) or setback
approximately 40 feet from the western property line due to the location of the septic tank drain
field.
2. The granting of the variance will not be materially detrimental to the public welfare or injurious
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to the property or improvements in the vicinity and zone in which the subject property is
situated.
The granting of a variance would not be materially detrimental to the public welfare or injurious
to the property or improvements in the vicinity and zone in which the subject property is situated.
While there is an access easement that serves as the sole access for a property to the north that
runs adjacent to the northern property line of the subject property, the proposed fence would not
encroach into the required vision triable in Pasco Municipal Code or the sight distance triangle
required in Pasco’s Design and Construction Standards.
3. The special circumstances applicable to the subject property were not created through the
action(s) of the applicant or any predecessor in interest.
The subject property is lot 1 of the Havencourt Meadows Subdivision which received preliminary
plat approval on June 8th, 2018. Condition (5) of Resolution 3842 approving the plat states:
5. 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).
Further, the lot was created by approval of the Final Plat and recorded on January 2nd, 2020. Note
(3) under the City of Pasco Notes section of the recorded plat state:
3. EXISTING REGULATIONS REGARDING SITE DISTANCE, FENCE HEIGHT, AND SETBACKS
MAY AFFECT THE PALCEMENT OF FENCES ON LOTS 1, 12-14, 17, 21, 23, AND 27
The original developer designed the lot layout such that fencing on specific lots, including the
subject lot, could have fence height issues and this possibility was identified in 2018. It is staff’s
opinion that the special circumstances applicable to the property were created by a predecessor
in interest and the issues were known prior to application for the denied fence.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein, that the requested variance be
denied for a six foot tall fence within the front yard area adjacent to Road 60, located at 5913 W Ruby Street
(Parcel # 118-642-141) in Pasco, WA.
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REPORT TO THE HEARING EXAMINER
City Hall – 525 North Third Avenue – Council Chambers
WEDNESDAY, 8 May 2024
6:00 PM
1
MASTER FILE #: SP 2023-019
APPLICANT: Shane O’Neill, Clover Planning & Zoning
6904 Rouge Drive
Pasco, WA 99301
REQUEST: Special Permit: Increase in building height allowance in the C-3
(General Business District) from 45’ to 55’
Timeline:
11 Nov 2023 Application Submitted
25 Nov 2023 Application Deemed Complete
11 Dec 2023 SEPA Determination of Non-Significance Issued
24 April 2024 Application Noticed for Public Hearing
1 May 2024 Public Hearing Staff Report Published
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal:
FREYS ADD PTN BLKS 60 & 61 DAF: BEG AT PT ON N R/W LN OF OREGON AVE SD PT BEING SW COR
OF LOT 11, BLK 61 SD SUBD; TH N18D45'W, 321.08'; TH N71D14'E, 2.33'; TH N00D39'E, 311.68'; TH
S89D03'E, 155.4'; TH S00D56'W, 200'; TH S89D03'E, 161.53'; TH S66D57'E, 118.58'; TH S42D30'W,
31.83'; TH S38D15'E, 10'; TH SWLY ALG N R/W LN OF OREGON AVE TO POB. EXC FDP: BEG AT SW COR
LOT 6, BLK 64 FREY'S ADDN; TH N00D39'E TO N LN BLK 64; TH S89D03'E, 155.4'; TH S00D56'W TO
INTERS W/S LN LOT 7, BLK 64 FREY'S ADDN, SD S LN ALSO THE N R/W LN OF VAC MCCARTHEY ST; TH
SWLY ALG N LN VAC MCCARTHEY ST TO POB LESS PORTION TO THE CITY OF PASCO FOR ROAD R/W
(1817330) EXCEPT PORTION DEEDED TO CITY OF PASCO FOR OREGON AVE
General Location: 1320 N Oregon Avenue (Parcel 113482072) in Pasco, WA 99301.
Property Size: Approximately 2.19 acres.
2. ACCESS: The property has access from N Oregon Avenue and N Idaho Avenue.
3. UTILITIES: Municipal water and sewer services are available from N Idaho Avenue.
4. LAND USE AND ZONING: The property is zoned C-3 (General Business) and is developed with an
existing building and some site improvements including gravel, asphalt, and fencing. Surrounding
properties are zoned and developed as follows:
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North: C-3 Commercial/Agriculture Equipment Sales
East: C-3 Commercial/Construction Equipment Sales and Rentals
South: C-3 Commercial/Material Storage Yard
West: C-3 Commercial/Vacant Land
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as Commercial. The
Commercial designation allows for O; BP; C-1; C-2 ;C-3; and CR zoning designations; development
may be neighborhood, community, and regional shopping and specialty centers, business parks,
service, and office uses.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on
the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other
information, a threshold determination resulting in a Mitigated Determination of Non-Significance
(MDNS) was issued on December 11th, 2024 for this project under WAC 197-11-355.
ANALYSIS
REQUEST
Applicant is requesting an increase in maximum height of a proposed building within the C-3 (General
Business) zoning district from 45’ to 55’.
SITE
The site is located at 1320 N Oregon Avenue (Parcel 113482072) on the corner of N Oregon Avenue and N
Idaho Avenue. The property is currently developed with an existing building, some asphalt, gravel, and
fencing.
There are no parks or transit stops in the vicinity of the proposed site. The nearest transit stop is
Benton Franklin Transit Route 64 which crosses N Oregon Avenue on E Lewis Street, approximately
one mile to the south.
HISTORY
The site was annexed into the City of Pasco in 1963 (Ordinance 1078) and was subsequently zoned C-3
General Business District.
PROPOSAL
The proposal involves the construction of a new building, however, the Special Permit request is specifically
for a height increase of the subject building. Per the applicant: “PMC 25.100.050(4) imposes a 45-foot
maximum limit on building height in the C-3 zone. The existing business on-site (Kustom Restorations) plans
to construct a new building to accommodate the needs of their growing business. Business growth projections
identify a need for a three-story building. Architectural designs identify the need for a 55’ building height to
accommodate the third story. PMC 25.100.050(4) offers increase building heights by way of special permit
approval. This equates to a ten (10) foot (22%) height increase”. The submitted elevations and layout of the
building indicate that only some portions of the building need approval via special permit for a height
increase. Approximately 44% of base floor area will be in the portion of the building that would be 55 feet
tall.
STAFF FINDINGS OF FACT
1) Notice of the public hearing was sent to property owners within 300 feet of the subject property and the
newspaper on April 24, 2024.
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2) Pasco Municipal Code (PMC) 25.100.050 (4) states that maximum building height is 45 feet, except a
greater height may be approved by special permit.
3) Applicant proposes to increase the max height allowance of a new building to be increased from 45 feet
to 55 feet.
4) The site is located at 1320 N Oregon Avenue (Parcel 113-482-072).
5) The proposed building would be required to adhere to Pasco’s Design and Construction standards related
to sight distance, ensuring placement does not cause issues with visibility for ingress/egress at the N
Idaho Avenue and N Oregon Avenue intersection.
6) The site contains approximately 2.19 acres of land with an existing building, it is likely this building will
be situated on the southwest corner of the site.
7) The site is zoned C-3 (General Business).
8) The site is developed with an existing building, storage structure, fencing, paving, and some gravel.
9) There are no parks or transit stops in the immediate vicinity of the proposal.
10) The site was annexed into the City in 1963 (Ordinance 1078).
11) Approximately 44% of the floor area would reside in the portion of the building that would receive
approval to be 55 feet tall.
12) Overall site design will be required to adhere to PMC and Pasco Design and Construction Standards
requirements through the Building Permit review process.
TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT
As per Pasco Municipal Code (PMC) 25.200.080, Upon conclusion of the open record hearing, the Hearing
Examiner shall make and enter findings from the record and conclusions thereof as to whether or not:
(1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the
Comprehensive Plan;
Per The Comprehensive Plan designates this site as “Commercial.” The Commercial designation allows for O;
BP; C-1; C-2; C-3; and CR zoning; development may be neighborhood, community and regional shopping and
specialty centers, business parks, service and office uses.
• Economic Development Policy ED-2-B: Encourage development of a wide range of commercial and
industrial uses strategically located near major transportation corridors or facilities and in close
proximity to existing or proposed utility infrastructure while supporting local and regional needs.
The proposed building is located is located adjacent to N Oregon Avenue, an arterial road, and in close
proximity to the I-182 and US 395 interchange. The existing utility infrastructure surrounding the site
will support the building. This policy supports an allowance for greater building height and capacity
in this location.
• Land Use Policy LU-2-B: Facilitate planned growth within the City limits and UGA, and promote infill
developments in the City limits through periodic review of growth patterns and market demand
within each of the City’s land use designations. The proposal involves the redevelopment and
enhancement of a site with existing structures and improvements. The proposal will be required to
improve the existing site elements such as landscaping and meets the intent of this policy.
• Land Use Policy LU-6-A: Encourage commercial and higher-density residential uses along major
corridors and leverage infrastructure availability. The proposed building would be sited adjacent to
N Oregon Avenue, a major arterial road, with similar commercial uses in the area.
(2) The proposal will adversely affect public infrastructure;
The proposed increase in building height will not adversely affect public infrastructure. The building itself is
subject to review with Pasco Municipal Code and Pasco Design and Construction Standards, however, an
increase in allowed height will not impact existing infrastructure and site redevelopment will only provide
enhancements.
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(3) The proposal will be constructed, maintained and operated to be in harmony with the existing or
intended character of the general vicinity;
The properties in the general vicinity are of varying use, however, when looking at similar uses that front onto
N Oregon Avenue, an arterial road, the use is similar to the established development. Per the applicant, the
added floor will potentially enhance the general vicinity by contributing to the modern professional character
that has recently evolved in this area. Operations of the proposed business will remain consistent with their
current operations which have not generated any recorded complaints received by the business or the City.
(4) The location and height of proposed structures and the site design will discourage the development of
permitted uses on property in the general vicinity or impair the value thereof;
Site design review will be conducted during the Building Permit application process. Per the applicant, a 55-
foot tall commercial building in the subject location is unlikely to discourage development or redevelopment
of nearby sites. The taller building stands to create an attractive urban form as viewed from highway travelers
and local motorists.
(5) The operations in connection with the proposal will be more objectionable to nearby properties by
reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any
permitted uses within the district;
The site is located within the C-3 (General Business) district, which allows for many types of commercial uses.
An increase in allowance of height will not impact nearby properties by reason of noise, fumes, vibrations,
dust, or traffic. Site lighting is reviewed during the building permit application process. Per the applicant, on-
site business operation will not change in type as a result of the building height increase.
(6) The proposal will endanger the public health or safety if located and developed where proposed, or in
any way will become a nuisance to uses permitted in the district.
The proposal will create similar levels of public health and/or safety risk and/or nuisance conditions as the
operation of any other permitted uses within the C-3 (General Business) zoning district. To date there are no
records of Code Enforcement cases related to the property and it’s current/proposed use.
APPROVAL CONDITIONS
1) The special permit shall apply to the land addressed 1320 N Oregon Avenue (Parcel 113482072) and
any subsequent subdivision(s) thereof.
2) No lighting shall be placed onto the building such that the lighting exceeds 45 feet in height from
grade.
3) Construction of the building shall be generally consistent with the elevations submitted with the
special permit application.
4) The applicant shall obtain a Building Permit for the construction of the building within two years of
special permit approval.
5) The Special Permit shall be null and void if the above conditions are not met.
RECOMMENDATION
Staff recommends approval of a Special Permit for an increase in building height allowance, as detailed in the
elevations submitted with this application, from 45 feet to 55 feet in height at 1320 N Oregon Avenue (Parcel
113482072) with conditions as herein proposed.
Kustom Restorations Special Use Permit
1320 N. Oregon Avenue
Page 1 of 3
Clover Planning & Zoning, LLC
Land Use Services
ATTACHMENT A
Request
Kustom Disaster & Recovery Restoration, located at 1320 N. Orgon Avenue, intends to expand their
existing facility by constructing a new three-story warehouse/office building on-site, immediately west
of their existing building. The underlying C-3 heavy commercial zoning imposes a flexible limit on
structures from exceeding 45-feet in height. The C-3 zone offers site-specific height increases by way of
special (conditional) use permit approval [25.100.050(4) PMC].
Kustom Restoration formally requests a ten-foot (10) building height increase to allow construction of a
new building not to exceed fifty-five (55) feet in height. The primary basis of the request is to
accommodate a third story due to the first floor (warehouse) having a tall wall height. The uppermost
floor is designed to contain office spaces.
The applicant requests review of this application be limited to building height and its direct impacts.
Building height increase requests should not be construed as an opportunity broadly constrain overall
site development unless there is a clear, articulable nexus between sought conditions and specific
potential impacts.
Vicinity
The Kustom Disaster & Recovery Restoration office in Pasco is located in the southwest corner of the
US Highway-395/Interstate-182/US Highway-12 interchange. Interstate-182 denotes an east-west
boundary, land north of which is dominated by industrial zoning and south of which consists of a more
even mix of commercial, industrial and residential zones. Each inside corner of the interchange
experiences consistently high traffic-related nuisance impacts. The interchange is the subject of a high
volume of heavy equipment traffic mostly related to farm operations. The land is mostly flat with no
natural views or vistas. Vicinity photos taken on 11/5/23 are provided herein as Attachment B.
The only neighboring development is a two-story hotel/motel. Hotel rooms are not oriented or positioned
to benefit from any views. The existing Kustom Restorations facility lies west of the future
Kustom Restorations Special Use Permit
1320 N. Oregon Avenue
Page 2 of 3
office/warehouse building, thereby creating an existing visual barrier between the hotel and the proposed
building. Views from hotel rooms will not be further obstructed beyond the current condition. The hotel
lies approximately 300-feet east of the proposed building. This significant separation between the two
sites eliminates the potential for the new building to cast shade over the hotel or to otherwise have any
visual impact on hotel guests.
Code
Pasco Municipal Code 25.200.080 guides the Hearing Examiner’s review and decision-making process
by offering six certain criteria for consideration. The criteria with suggested findings, respectively, are
provided here.
(1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative
text of the Comprehensive Plan;
This request is not related to permitted land uses. The request is equivalent to a
dimensional variance. Maintaining consistency with all other provisions of the General
Business zoning provisions ensures alignment with the broader goals and policies of the
Comprehensive Plan as applied to the site.
(2) The proposal will adversely affect public infrastructure;
Granting an increased building height allowance poses no reasonable negative impacts
on public infrastructure. Surrounding roadways and municipal utility services have
adequate capacity to accommodate the additional demands generated by the employees
to be housed in the upper floor of the proposed building.
(3) The proposal will be constructed, maintained and operated to be in harmony with the
existing or intended character of the general vicinity;
The additional building height will not conflict with nearby heavy commercial
developments. The added floor will potentially enhance the general vicinity by
contributing to the modern professional character that has recently evolved in this area.
Operations of the proposed business will remain consistent with their current operations
which have not generated any recorded complaints received by the business or the city.
The draft site plan included with this application offers building placement conforming
with the setback and landscaping requirements of the C-3 zone consistent with other
developed site in the surrounding vicinity.
Kustom Restorations Special Use Permit
1320 N. Oregon Avenue
Page 3 of 3
(4) The location and height of proposed structures and the site design will discourage the
development of permitted uses on property in the general vicinity or impair the value thereof;
Site design, including exact building location, remain in draft form. If the additional
building height is granted, there will still be opportunities for site design and building
location adjustments during permitting. Larger, taller buildings generally carry increased
assessed values as compared to smaller, lower structures. In this way, the taller building
stands to contribute a higher assessed value to the vicinity. A 55-foot-tall commercial
building in the subject location is unlikely to discourage development or redevelopment
of nearby sites. The taller building stands to create an attractive urban form as viewed
from highway travelers and local motorists.
(5) The operations in connection with the proposal will be more objectionable to nearby
properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be
the operation of any permitted uses within the district; and
On-site business operation will not change in type as a result of the building height increase. The
business has generated no nuisance complaints to date. Increasing the business scale is highly
unlikely to generate complaints. The uppermost building floor will contain office space. Office
uses are widely considered to be compatible with every other land use category. Offices do not
generate dust, fumes, noise, vibration or lights. The new offices will carry a low traffic generation
increase. The request is for a dimensional increase, not a land use exception.
(6) The proposal will endanger the public health or safety if located and developed where
proposed, or in any way will become a nuisance to uses permitted in the district.
The building height increase carries zero potential for public endangerment. Building height has
no effect on public safety. This business does not perform its primary activity on site. This
business performs off-site services.
Shane O’Neill
Clover Planning & Zoning LLC, Planner
B.S. Natural Resources Planning & Interpretation
Humboldt State University, CA
ENTRANCE
GATE
PROPOSED
OFFICE / WAREHOUSE
33,000 SF
(E)BLDG.
(E)BLDG.
LANDSCAPE
LANDSCAPE
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VACANT PROPERTY
PARCEL #11348072
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BA RCHITECTURE
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Bruce Baker - Architect - AIA
509.551.7425
PO Box 189, Richland, WA 99352
bakerarchitecture@frontier.com
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3/16/2024
23-0907
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REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue – Council Chambers
WEDNESDAY, 8 May 2024
6:00 PM
1
MASTER FILE #: Z 2024-002
APPLICANT: Infinity Homes of Washington, LLC
105609 E Wiser Parkway
Kennewick, WA 99338
REQUEST: REZONE: Parcel #118-501-041 Rezone from C-1 (Retail
Business) to R-3 (Medium-Density Residential)
Timeline:
2 Feb 2024 Application Submitted
29 Feb 2024 Application Deemed Complete
23 April 2024 SEPA Determination of Non-Significance Issued
24 April 2024 Application Noticed for Public Hearing
1 May 2024 Public Hearing Staff Report Published
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: SHORT PLAT 78-1 LOT 2, EXC FDP: BEG AT SE COR OF LOT 2; TH N01D29'E, DIST 77.24'; TH
S77D44'W, DIST 33.92'; TH SLY & WLY ON CURVE TO RIGHT HAVING A RADIUS OF 50', DIST 72.1';
TH S89D37'E, DIST 52.44' TO POB. TOGETHER WITH VACATED PORTION PER ORD 4621 AND
EXCEPT PORTION DESCRIBED IN AFN-1970670
General Location: Located on northwest corner of W Court Street and Road 68.
Property Size: The total property size is 6.66 Acres, the area proposed for rezone comprises
approximately 4.50 Acres of the property.
2. ACCESS: The parcel has access on W Court Street and Road 68.
3. UTILITIES: Municipal water and sewer are available in W Court Street.
4. LAND USE AND ZONING: The site is split zoned with the southern half being C-1 (Retail Business)
and the northern half being R-3 (Medium-Density Residential) and is undeveloped. Surrounding
properties are zoned and developed as follows:
North: RS-20 Low Density Residential/Single Family Dwellings
East: C-1/R-2 Retail Business & Medium Density Residential/Nursery
2
South: C-1/R-2 Retail business & Medium Density Residential/Undeveloped
West: R-1 Low Density Residential/Single Family Dwellings
Comprehensive Plan: The City of Pasco Comprehensive Plan designates this site as
“Mixed Residential and Commercial.” The Mixed Residential and Commercial designation
accommodates a diverse range of housing, nonresidential uses, commercial uses, neighborhood
retail and office uses, parks and recreation areas, and civic uses at a density of 5 to 29 dwelling
units per acre, and may be assigned R-1, R-2, R-3, R-4, C-1, and O designations. Per Pasco
Municipal Code (PMC) 25.215.015, maximum gross density of any proposed development within
any zoning district, expressed as dwelling units per acre, shall be no less than the corresponding
minimum density expressed in the Comprehensive Plan land use density table, and no greater
than the corresponding maximum density expressed in the Comprehensive Plan land use density
table, except as provided in Chapter 25.161 PMC.
This rezone request supports Housing Goal H-1 of the Comprehensive Plan, which encourages
housing for all economic segments of the city’s population consistent with the local and regional
market. The rezone request is also in line with Housing Policy H-1-A which encourages the City to
allow for a full range of housing including single family homes, townhouses, condominiums,
apartments, and manufactured housing, accessory dwelling units, zero lot line, planned unit
developments etc.
5. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based
on the State Environmental Policy Act (“SEPA”) checklist, Comprehensive Plan, applicable
regulations, and other information, a threshold determination resulting in a Determination of
Non-Significance (DNS) for this project was issued on 23 April 2024, under WAC 197-11-158.
ANALYSIS
Request
Applicant Infinity Homes of Washington, LLC wishes to rezone a portion of Parcel 118-501-041 in Pasco,
WA 99301 from C-1 (Retail Commercial) to R-3 (Medium-Density Residential). The site comprises
approximately 6.66 acres, however, the request for rezoning applies to the 4.5 acres that carry the C-1
designation. The underlying Land Use Code is “Mixed Residential and Commercial,” which specifies 5 to
29 dwelling units (DU) per acre.
The proposed rezone does not include a project action. It is anticipated that should the rezone be
approved a subsequent subdivision project may be submitted for review. This review would include
requirements for the impacts it has on the level of service for parks, transportation, etc. Any subsequent
subdivision proposals would additionally be required to adhere to Pasco Municipal Code, including
provisions such as connectivity and residential design standards.
History
The site was annexed into the City in 2022 via Ordinance 4593 and subsequently assigned the R-3
(Medium-Density Residential) zoning designation on the northern half and the C-1 (Retail Business) on the
southern half zoning designation via Ordinance 4594. The site is undeveloped.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.210.030. The
criteria are listed below as follows:
1. The date the existing zone became effective:
3
The site was assigned the R-3 zoning designation on the northern half and C-1 zoning designation on the
southern half in 2022.
2. The changed conditions, which are alleged to warrant other or additional zoning:
In 2022 the site was annexed into the City and given the Mixed Residential & Commercial designation, and
has remained so since. Per the applicant, due to economic conditions the best use of the property is
residential, not commercial.
3. Facts to justify the change on the basis of advancing the public health, safety and general
welfare:
The Mixed Residential and Commercial designation allows for R-1, R-2, R-3, R-4, C-1, and O zoning;
development with a higher density of dwelling units per acre will help reduce urban sprawl and increase
home ownership.
The rezone application and proposal are consistent with the Council-approved amendments to the Pasco
Comprehensive Plan, which has been determined to be in the best interest of advancing public health,
safety and general welfare of the community.
4. The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
A change in zoning would be consistent with the Comprehensive Plan Future Land Use Map designation
for the site which is Mixed Residential and Commercial. The proposed land usage matches that of the
adjacent properties and have a positive impact on neighboring properties.
The proposed rezone would allow for development between 5 to 29 dwelling units per acre. Under the
current zoning classification of C-1 (Retail Business) residential development is restricted to construction
requiring a first floor containing C-1 permitted uses with residential units above. This use must also be
approved via Special Permit. A change in zoning would allow the applicant more flexibility in providing the
required density under the Comprehensive Plan.
5. The effect on the property owner or owners if the request is not granted:
If this rezone request is not granted, per the applicant, a project would not move forward and may be sold
as the applicant does not construct or operate commercial projects.
6. The Comprehensive Plan land use designation for the property:
The City of Pasco Comprehensive Plan designates this site as “Mixed Residential and Commercial”. The
Mixed Residential and Commercial designation accommodates a diverse range of housing, nonresidential
uses, commercial uses, neighborhood retail and office uses, parks and recreation areas, and civic uses at
a density of 5 to 29 dwelling units per acre, and may be assigned R-1, R-2, R-3, R-4, C-1, and O zoning.
Per PMC 25.215.015 maximum gross density of any proposed development within any zoning district,
expressed as dwelling units per acre, shall be no less than the corresponding minimum density expressed
in the Comprehensive Plan land use density table, and no greater than the corresponding maximum density
expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25.161 PMC.
7. Such other information as the Hearing Examiner requires:
The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council
Goals.
4
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The Hearing Examiner may add additional findings to
this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on April 24th, 2024.
2. Applicant wishes to rezone the southern half of Parcel 118501041 from C-1 (Retail Business) to
R-3 (Medium-Density Residential).
3. The sites comprise approximately 6.66 acres and the affected area comprises approximately 4.50
acres.
4. The underlying Land Use code specifies 5 to 29 dwelling units (DU) per acre.
5. The site was assigned the R-3 zoning designation on the northern half and the C-1 zoning
designation on the southern half in 2022 via Ordinance 4594.
6. Subsequent developments will be required to submit State Environmental Policy Act (SEPA)
Checklists that consider the elements of the environment, under WAC 197-11-444, which include
a great number of items but can briefly be described as the natural and built environment. Any
proposals that would cause a significant impact to the environment would be mitigated through
the SEPA process.
7. The City’s 2018-2038 Comprehensive Plan Land Use Map designates the site as “Mixed Residential
and Commercial”.
8. The R-3 zoning code allows land to be developed with a variety of residential housing including
single family dwellings, zero lot line dwellings, multiple dwellings, duplexes, triplexes, and
courtyard apartments.
9. Parcel 118501041 is currently undeveloped.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact
from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as
follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
The Land Use Element of the Comprehensive Plan designates the lot “Low Density Residential.” A change
in zoning would be consistent with the comprehensive plan Land Use Map designation for the site and
could further the goals and policies of the Comprehensive Plan such as:
• Housing Policy H-1-A: Allow for a full range of housing including single family homes,
townhouses, condominiums, apartments, and manufactured housing, accessory dwelling units,
zero lot line, planned unit developments etc. The current zoning only allows for a specific type of
development, C-1 uses on a main floor with residential units above and must be approved through
a special permit. A rezone to R-3 would allow for a variety of housing types including all those
listed in this policy.
• Housing Policy H-1-B: Higher intensity housing should be located near arterials and
neighborhood or community shopping facilities and employment areas. The proposed rezone
could make it easier to develop the land to the required density of the Comprehensive Plan and
the property is adjacent to two arterial roads, W Court Street and Road 68. Significant portions of
land to the south and east are zoned and designated for strictly commercial uses, the proposal
could allow for higher density development adjacent to these uses.
5
• Land Use Policy LU-4-B: Encourage infill and higher density uses within proximity to major travel
corridors and public transportation service areas. The proposal is located at the corner of two
arterial roads, W Court Street and Road 68. The proposed rezone may provide avenues for
development at a higher density than under the current zoning designation.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
This application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the
intent of the Goals and Policies for the property. A development action affecting the site would be
subject to the State Environmental Policy Act (SEPA) and impacts to the natural and built environment,
including neighboring properties, would be considered and mitigated through the SEPA process.
Additionally, a Capital Improvement Project by the City of Pasco’s Public Works Department to install a
new round-a-bout is planned for the intersection of W Court Street and Road 68. The installation of the
round-a-bout will be mutually beneficial to a Medium-Density Residential development and will enhance
the overall safety, accessibility, and mobility of the area.
3. There is merit and value in the proposal for the community as a whole.
The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals
and Policies as adopted by the Pasco City Council. The proposal includes infill development and promotes
the goals of the Mixed Residential and Commercial Land Use Map Designation.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
The rezone application and anticipated project are subject to the regulations and requirements of the
Pasco Municipal Code and the City of Pasco Design and Construction Standards. As such, no conditions
should be imposed; any future development will be evaluated for significant adverse impacts at the time
of a development application, which will also be subject to review under the State Environmental Policy
Act (SEPA).
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.
No Concomitant Agreement is considered necessary for this application.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein, that the C-1 (Retail Business)
portion of Parcel 118501041 be rezoned from C-1 (Retail Business) to R-3 (Medium-Density Residential).
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