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Home My WebLink About2966 OrdinanceCQ DeFelice, Mayor Rubstello, City Attorney f S. ORDINANCE NO.C\COG AN ORDINANCE relating to zoning and changing the classification of certain property within the City of Pasco from R-3 (Medium Density Residential) to C-1 (Retail Business). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the zone classification of the following described real property situated in Pasco, Franklin County, Washington to-wit. Lots 22, 24 and 26, Block 24, Pasco Improvement District as depicted in the map attached hereto and identified as Exhibit "1", be and the same are hereby changed from R-3 (Medium Density Residential) to C-1 (Retail Business). Section 2. That any and all zoning maps be and are hereby amended to conform to the aforesaid zone change. Section 3. This ordinance shall be in full force and effect after passage and publication as required by law. PASSED by the City Council of the City of Pasco this day of (:)0±pbe_r -- , 1993. ATTEST: Catherine Seaman, Deputy City Clerk - 6 10 t "j23/ 20 1 0 11141 1 1 5 6 7 a 14 16 HOWA R D 17 5 19 I I 17 112 314 5 6 17 4 113 8 9 10 18 12 2 12 3 18 5 19 -20 -21 ," 333Z31 3029 2827 .../ 26 254 23 22 22 21 20 1q 18 26 6 2 19 11 25 7 I 20 3 10 nLnAf nIL1. 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DEPT ORDINANCE NO 2966 i AN ORDINANCE relating to zonings and &longing the classification of oertain prop- erty within the City of Pasco I from R-3 (Medium Density Residential) to C 1 (Retail Business) NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASH- INGTON DO ORDAIN AS FOLLOWS Section 1 That the zone classification of the following descnbed real property situat- ed in Pasco Franklin County Washington to-wit Lots 22 24 and 26 Block 24 Pasco Improvement Distnct as depicted in the map at- tached hereto and identified as Exhibit 1 be and the same are hereby changed from R 3 (Medium Density Residential) to C-1 (Retail Business) Section 2 That any and all zoning maps be and are hereby amended to conform to the aforesaid zone change Section 3 This ordinance shall be in full force and effect after passage and publication as required by law PASSED by the City Council of the City of Pasco this 18 day of October 1993 1 s- Joyce DeFelice Mayor Attest / ' -s Catherine D Seamair 1 Deputy City Clerk , I Approvod as to foa -n -s Grog A Rubstollo I 2tg3tio-irAg4/„ DATE 10/24/9; LEGA:. NO #1812. QyiA' P 0 BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 ACCOUNT NO 5055 ° DESCRIPTION LEGAL #1313/ORD #2966 LA 1L INVOICE TIMES 001 tit468 4.20 SOLD TO PASCO, CITY OF LEGALS P.O. BOX 293 F'ASCO WA 93301 TOM& $ 41.75 114J0411Cfd This Is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment FFI A FT OF REL11CA7800 COUNTY OF BENTON SS STATE OF WASHINGTON , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a LEGAL #1813/ORD #2966 as it was printed in the regular and entire issue of the Tri-City Herald itself and not in a supplement thereof, 1 time(s), commencing„ on 10/24/93 , and ending on 10/24/9.... , and that said newspaper was regulary distributed to its subscribers during all of this period DAY OA / LAI ALI / 9 a3 Notary public in and foLgr oStt7l of Wash- ington, residing at '- COMMISSION EXPIRES 7---V5--f4 Rosemary Everet t SUBSCRIBED AND SWORN BEFORE ME THIS 4,1111 1111 1 1111 111 1 1 1 111 111111P FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 1015 NORTH 5TH STREET, PASCO, WASHINGTON 993014190 October 19, 1993 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 2966 and 2967 on the following date October 24, 1993 Please send two (2) Affidavits of Publication for each Thank you, Cathenne D Seaman Deputy City Clerk 545-3402 cds * No attachments or maps included < TRANSACTION REPORT > 10-19-1993(TUE) 09 11 c -r r= gz, NI sr-1 I -1- 3 NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 1983 10-19 09 09 15095821453 6 0°02 16 NORM E OK 6 0°02 16 AGENDA REPORT NO. 72 FOR: City Council TO: Gary Crutchfiel FROM: Davi DATE: October 14, 1993 Manager WORKSHOP: REGULAR: 10/18/93 nald, Community Development Director SUBJECT: REZONE: R-3 (Medium Density Residential) to C-1 (Retail Business) (MF #93-45-Z) I. REFERENCE(S): A. Report to Planning Commission: Dated 9/16/93 B. Planning Commission Minutes: Dated 9/16/93 C. Appeal Petition D. Proposed C-1 Rezone Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct of Public Hearing MOTION: I move to adopt Ordinance No. , granting a rezone from R-3 to C-1. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. At its last regular meeting held on September 16, 1993, the Planning Commission considered a request to rezone the southeast corner at 15th Avenue and Court Street from R-3 (Medium Density Residential) to C-1 (Retail Business). B. The Planning Commission recommended the property in question be rezone from R-3 to C-1. As a result of that recommendation, several property owners within 300 feet of the site filed an appeal of the Planning Commission's decision. The City Council set Monday, October 18, 1993, as the date to consider this appeal. V. DISCUSSION: In rendering their recommendation, the Planning Commission considered the following points: A. The area is designated as commercial in the comprehensive plan B. The proposal is consistent with the nodal commercial concept of the plan; C. Similarly situated properties in the area are zoned C-1 (Retail Business) and "0" (Office). The property owners appealed the Planning Commission's recommendation because of concerns over increased access noise and traffic. The Council has the option of accepting the Planning Commission's recommendation, rezoning the property to C-1 with conditions, rezoning to a less intensive district such as "0" (Office) or leaving the property zoned R-3. VI. OTHER COMMENTS: VII. ADMINISTRATIVE ROUTING: -1- REZONE /77 AGENDA REPORT NO. 72 k SPORT TO PLANNING COMMISS1 MASTER FILE NO: 93-45-Z HEARING DATE: 9/16/93 APPLICANT: Robert Pischel 4100 Riverhaven Pasco, WA 99301 BACKGROUND REQUEST: Rezone from R-3 (Medium Density Residential) to C-1 (Retail Business) 1. PROPERTY DESCRIPTION: Legal: Lots 22, 24, 26, Block 24, Pasco Improvement District General Location: 1423 North 15th Avenue Property Size: 75' x 125' 9,375 sq. ft. FINDINGS OF FACT 1. ACCESS: The site has access from Court Street, 15th Avenue and the north-south alley in Block 24, Pasco Improvement District. 2. UTILITIES: All municipal utilities are available to the site. 3. LAND USE AND ZONING: The property is currently zoned R-3 (Medium Density Residential) and contains a duplex. Zoning of surrounding properties is as follows: North C-1 (Retail Business) South R-3 (Medium Density Residential) East C-1 (Retail Business) West "0" (Office) Land use of the surrounding properties is as follows: North Vacant/Residence/Office South Duplexes East Commercial Services West Offices 4. COMPREHENSIVE PLAN: The comprehensive plan designates the intersection of 14th Avenue and Court Street as a nodal commercial area. Although general in boundary, it appears this site is in the commercially designated area. Policy 1.4 of the commerce element stress discouragement of strip development and encourage nodal type development. 5. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter REPORT TO PLANNING COMMISSION - ROBERT PISCHEL PAGE 2 OF 2 43.21(c) RCW. CONCLUSION The comprehensive plan designates the intersection of 14th Avenue and Court Street as a nodal commercial intersection. The zoning to the east is C-1 an "0" to the west with a residential designation located in between. The proposal involves the northern 3 of 13 lots owned by the applicant. The proposal would "square up" the boundary lines between the commercial/office zones and the residential districts. The applicant wishes to retain the residential unit on the property and add a commercial structure of the site for a screen shop business. The applicant was made aware of the nonconforming situation this proposal would create for the duplex at 1423 North 14th Avenue. The applicant choose to proceed with the proposal even though it would, if approved, impose limitations on expansion, improvement or replacement of the duplex. Considering the facts that this proposal: . Is consistent with the nodal concept of the comprehensive plan . Would "square up" the boundaries between the commercial/office districts and the residential zone. Staff recommends the property be rezoned from R-3 to C-1. RECOMMENDATION MOTION: I move the Planning Commission recommend the City Council rezone Lots 22, 24, 26, Block 24, Pasco Improvement District from R-3 (Medium Density Residential) to C-1 (Retail Business). ZONING MAP ITEM: REZONE R-3 to C-1 APPLICANT: Robert Pischel FILE #: 93-45-Z I C. 8_ 1 .. 43 9 :It 12 x f :9 12 10 11.%Cr 1 10 !I 11 (-1 -1 ASTOR ',VA', 12 3 I,1 5;6 1 1 .1 I 12411 9 23 ETC - 1 23 0 22 _II 21 2 1 22 r 4 18 I 6 _ 13 -hi I j r II a } _____ 42, ii 1 5 `2.2 1 1 0 II I 1 4 1,..., , 1 1 1 S II .2 1, 9, I t, lo I. I 10 1 L, 1=-4 1 -l a,- - J ,1 - 1T',cI 8 Rist-P s , _ 1 —TT2oi 1L20 2 1191 2 '1 19 it 3 3 i 18 J7 4 17 7 44, 0` ca 1 13 1 21 n 9 20 1_4r 5 I. TT( ifE rt si -11321 If I I " ' 51" , 1 ? 3-fq , 1 .0 -2 : ,-, -7 - • v , I I • t Rai 5 114 4 3 2, u 3 • I • - I , - r - I • „. • 71 2 HENR if I 10,1,1i (II 1 2:11;11 MA RC 1-4 1 ir I[\ I ird 12 1 1 PLANNING COMMISSION -3- SEPTEMBER 16, 1993 Acting Chairman Chamberlin closed this portion of the public hearing and opened it for members of the Planning Commission and staff. After a short discussion by the Planning Commission, Commissioner Dunn moved seconded by Commissioner Williams the Planning Commission recommend the City Council grant a special permit to the Wilson House for the expansion of activities associated with the Wilson House on Lot 3, Block 10, Pettit's Addition with the following conditions: 1) The special permit shall be personal to applicant; 2) Only existing programs, temporary housing and other programs associated with the Clubhouse Program should be permitted; 3) This special permit shall be null and void if a valid City of Pasco business license is not obtained by October 4, 1994. At Commissioner Williams suggestion, Commissioner Dunn Included the findings of fact that this proposal: . Is an expansion of existing activities currently undertaken at 224 North 7th Avenue. • Complaints about the activities have not been received the city. . Creates a buffer between the C-1 zone office building and the residents to the north and the strong show of the audience all speaking in favor this proposal were considered in the recommendation The Planning Commission voted on Mr. Dunn's motion. The vote was unanimous. Staff explained the appeal process for all present. B. REZONE: R-3 to C-1 (Southeast Corner of 15th and Court Street) (NF #93-45-Z) Staff stated notice had been published in the Tr-City Herald and property owners within 300 feet of the site had been notified of this hearing. Staff explained the property is zoned R-3 and the applicant was proposing a rezone to C-1 with the intentions of -4- SEPTEMBER 16, 1993 PLANNING COMMISSION developing a screen shop on the property. The property currently contained a duplex addressed as 1423 North 15th Avenue. Staff explained this proposal was consistent with the nodal concept of the comprehensive plan and would act to square up the boundaries between the residential and commercial properties on Court Street. Acting Chairman Chamberlin asked if there was anyone who wished to speak in favor of this proposal? Bob Pischel, applicant, 4100 Riverhaven, was present to speak in favor of this proposal. Mr. Pischel stated he had owned the six duplexes on North 15th Avenue for several years and had worked to improve the properties in the last 18 months. Mr. Pischel was down sizing his commercial activities currently undertaken at the Screen Shop on West Lewis Street. His intention was to develop the screen shop business on the back half of 1423 North 15th Avenue property. Due to the type of business and most of the work being done on an installation basis traffic generation would be low. Mr. Pischel stated he would be on-site several hours a day, therefore, he could closely monitor his property. Acting Chairman Chamberlin asked if there was anyone else who wished to in favor of this proposal? None were present. Acting Chairman Chamberlin asked if there was anyone who wished to speak against this proposal? Marilyn Holt, 1327 North 15th Avenue, was present to speak against this proposal. Ms. Holt stated she represented property owners in the surrounding area who had concerns about the potential for traffic generation and the garbage this business would generate. Ms. Holt expressed concern the way the property had been managed under Mr. Pischel. Commissioner Smurthwaite stated there appeared to be more in this proposal than just a rezone to a commercial district. Mr. Pischel stated this would allow him to bring the business to the property and also be an on-site manager for the remaining residential units. Acting Chairman Chamberlin questioned Mr. Pischel if he planned to use an existing garage on the property for the screen shop? -5- SEPTEMBER 16, 1993 PLANNING COMMISSION Mr. Pischel stated he intended to construct a new garage on the property to use for his Screen Shop business. Commissioner Hay questioned whether access to the property would be Court Street or the alley? Commissioner Dunn stated that the hair shop had access on Court Street, therefore, it would be appropriate for this property to also access Court Street. Ms. Holt stated that there is only one access point to the rear of the property, which is the north-south alley in the block. Staff stated although the proposal was to develop the Screen Shop on the property, the Planning Commission needed to consider the potential development of the property if rezoned to C-1. This would include the potential of removing all structures on the property and redeveloping the property for any C-1 permitted use. Acting Chairman Chamberlin reviewed the findings of fact for the benefit of the Planning Commission members. Staff explained that most of the lots in the area were oriented toward the north-south streets, however, these particular lots, had more frontage on Court Street than on the residential side streets. Acting Chairman Chamberlin reviewed the comprehensive plan as it relates to this proposal and the nodal concept which was stressed in the comprehensive plan. Commissioner Williams clarified the rezoning proposal by verifying that only the northern most of the six duplexes was involved. Commissioner Malachi stated his concern for safety due to the type of materials that could be found lying outside the business or in the refuse receptacles. This area is readily accessible to the elementary school and high school children. Marilyn Holt also expressed concerns for the safety of children going to school and the potential trash this use would generate. Mr. Pischel stated that trash or scraps associated with the business should not be concern and would be handled in an -6- SEPTEMBER 16, 1993 PLANNING COMMISSION appropriate manner. Commissioner Williams moved seconded by Commissioner Dunn the Planning Commission recommend the City Council rezone Lots 22, 24, 26, Block 24, Pasco Improvement District from R-3 (Medium Density Residential) to C-1 (Retail Business) based on the following facts: . The proposal is consistent with a nodal commercial concept of the comprehensive plan. . This proposal would act to square up the boundaries between the commercial and residential districts in the area along Court Street. The Planning Commission voted on the motion. Commissioner Williams, Dunn and Hay voting for the motion. Commissioners Smurthwaite and Malachi voting against the motion. The motion passed three to two. Staff explained the appeal process for all present. NEW BUSINESS: EAST PASCO PLAN RESIDENTIAL PROPERTIES EAST OF WEHE AVENUE (MF #93-47-V) Staff explained the City Council had processed several piece by piece street vacations in the area over the last year and had requested the Planning Commission take a comprehensive look at the street vacation activity in the area. Staff presented maps of the study area and requested input from the Planning CommisSion as to the type of information the Planning Commission would like before making recommendations on this proposal. Staff also explained there were new rules related to groundwater management that may affect the vacation of some rights-of-way. The Planning Commission requested maps identifying existing rights-of-way, existing improved rights-of-way, existing utilities and more information as to the regulations imposed by the groundwater management act. There being no further business coming before the Planning Commission at this time, Commissioner Hay moved, ZN 3 )\00\0 \ \cx ,,\\A eSnavO _ )3a?J_C _ _ r _ Hoe/ 4.)47, _ 9foo / 6-/kr_Z_G _?12s—c;I _ _ _ ' t trtLj,..40, cVl Pcto(bt C,J 4 _ 50 - Vgd _ _ _ _§ /1/ _ ylc/0/ 6- H-2 N C cicl .7-3 -I o qq-3ev n/Z 471'<1 ‘Ws7,04-011-G- 1- 9 21. Luris and Patsy Cope\, Rt. 3, Box 3218 - Kennewick, WA 99336 • 1. Adrian Sifuentez 1324 W. 15th Pasco, WA 99301 0 2 Eugene F W. Lueckel 1328 N. 15th Pasco, WA 99301 3 Martin and Gloria Garcia 1331 N. 16th Pasco, WA 99301 O 4. Francisco and Laure Cortez 1404 N 15th Ave Pasco, WA 99301 , 5 Zane R Casey 1403 N 16th Ave. Pasco, WA 99301 k 6 Fidencio and Carminia Frias 1408 N 15th Ave Pasco, WA 99301 7. K L and Christina Bradley = P0 Box 3481 Pasco, WA 99301 ( 8 Armour Baptist Bible College NKA 9. Robeit D. Satter 1411 N. 16th Pasco, WA 99301 10 Bonnie Schmidt S C- _ 2804 Wilcox Drive Pasco, WA 99301 BA( (x- 11 Carol A Taylor Etal (1 ' 1415 N 16th Ave ,J 1E- Pasco, WA 99301 jTT Richard and Mary Smithson i00 W. Court asco, WA 99301 14. Sylvia M. Winsor 1404 N. 14th Pasco, WA 99301 15. Jessie Passage (—a 1408 N. 14th Ave Y2- Pasco, WA 99301 0 o16. Gary C. Smitt_-- 4105 S. Lyle Kennewick, WA 99337'* -- \, 17. Roberto and Claudia Vela 1416 N. 14th Pasco, WA 99301 18. Donna J. Sturgis ,,,, 1424 N 14th Ave.'ullil Pasco, WA 99301 1- CI 19 Elmer and Erma Massengale \' , P.O. Box 2422 Pasco, WA 99301 . 20. Colin and Cheryl Madson 1323 N. 15th Ave. Pasco, WA 99301 -f 22 Marilyn Holt 1327 N. 15th Pasco, WA 99301 23 Howard and Marcine Remy 3815 Meadowsweet St Pasco, WA 99301 kid7 44 7 12 Lowell and Tracy Wain 1420 N 15th Ave Pasco, WA 99301 ,1 25 24. Vittory Investment Partnership 373 Breakwater Court Richland, WA 99352 Michael and Janice Detz 10440 W. Court St a-, Pasco, WA 99301 . so 26 Delores Jane Kane 3114 S. Everett Pl. Kennewick, WA 99336 ' 27 Guadalupe Barragan Etux 1817 S E Ogden Richland, WA 99352 28 Stephen Denison P O. Box 3775 -- Pasco, WA 99301 ,