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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 1 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 2 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; 3 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) 4 (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 5 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. The picture can't be displayed. Looking North The picture can't be displayed. Looking Northeast The picture can't be displayed. Looking East The picture can't be displayed. Looking Southeast The picture can't be displayed. Looking South The picture can't be displayed. Looking Southwest The picture can't be displayed. Looking West The picture can't be displayed. Looking Northwest 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: 2 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. 3 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. 4 (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 17 11 PROPERTY LINE PR O P E R T Y L I N E I D A H O A V E N U E N O R E G O N A V E N U E TOTAL PARKING 76 SPACES (INCL. 3 HC) 25 9 4 GATE FENCE 10 VACANT PROPERTY PARCEL #11348072 CURB AND GUTTER PREL I M I N A R Y NOT F O R CON S T R U C T I O N ARCHITECTURAL SITE PLAN SCALE: 1" = 30'-0"NORTH REVISIONS: Co p y r i g h t 2 0 1 9 C DR A W I N G S A R E T H E P R O P E R T Y O F B A K E R A R C H I T E C T U R E A N D M A Y N O T B E R E P R O D U C E D W I T H O U T E X P R E S S E D W R I T T E N P E R M I S S I O N . DATE: JOB NO.: DRAWN BY: PREL I M I N A R Y NOT F O R CON S T R U C T I O N BA RCHITECTURE KER Bruce Baker - Architect - AIA 509.551.7425 PO Box 189, Richland, WA 99352 bakerarchitecture@frontier.com KU S T O M U S R E S T O R A T I O N OF F I C E / W A R E H O U S E P E M B 13 2 0 N O r e g o n A v e , P a s c o , W A 9 9 3 0 1 AR C H I T E C T U R A L S I T E P L A N 3/16/2024 23-0907 BB AS1.1 Approximate Build Pad Looking South Looking East Looking Northeast Looking North Looking Northwest Looking West Looking Southwest Looking South Approximate Build Pad 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). The picture can't be displayed. 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