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Home My WebLink About3004 OrdinanceCatherine Seaman, Deputy City Clerk APR 6 City Attorney ORDINANCE NO.—..CID I/ AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from R-3 (Medium Density Residential) to C-1 (Retail Business) THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. That the zone classification of the following described real property situated in Pasco, Franklin County, Washington to-wit Lot 11, Buck's 2nd Addition as depicted in the map attached hereto and identified as Exhibit "1", be and the same is hereby changed from C-1 (Retail Business) to R-3( Medium Density Residential) 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 \--7 1994 t 2 5 7 5 2 3 4 6 .3 1? 9 8 0 12 9 3 1 t- 2 6 5 8 7 10 9 8 7 5 HENRY 7.7.1 VR7 P _2 7 6 1111111111111 II 28 l l 5 '3 12 1 11 1 10 9 CARTMELL IMMO St 111 MB= %C113111111 1 I ? 3 1 4 1111 '2 1 2 101 I - I -- 1 11.3 12 II 10 a ST — 1 — ST 4 It ST ; 2 s .„..,..... (3-r i e_ _ ...1. -...- 3 .., 4 / 2 r) -. I 1.... et • 3 4 W EN R Y S5 nN, 1 • I 11111111111 EIIIIi MAR GAR PARK N XON SYLVESTER 1 Wei IP4 G 29 111011111110 II 0 3 W.— YA K1 MA 9136 4 I 3 crIG•=1" 2 c\J (S-! 1 9 20 " W S HOSMONE 41 SHOSHON E HOPKINS 1 20 Hillim 11111111111111 511111111111Ifit 1111111111111111 ST p t ti,16 p /3" BONNEVILLE 2C MINIM ro lo• • Site M ASON IC TEMLL cn 10 1 1 1(1 31X 1 1 EXHBIT "1" 00/ OCTAVE 6 5114 3121 - MOR I PLACE 32 C''-eCHM-AN B c t:1 Jr) u sr A 10 Ui BROWN 7 8 FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301 11111 1 111 1 1 1111111111111 1 1 1 11 1111111111 March 7, 1994 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 3001-3004, and Summary of Ordinance No 3000 on the following date March13, 1994 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 [TA 4k—ikl0 BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 &MAL ADVEOTWORga INVOICE SOLD TO PASCO, CITY OF LEGALS F.O. BOX 29; F ASCO WA 33301 DATE 0:/1:/ LEGAL NO #47 : ACCOUNT NO 5050 DESCRIPTION 4 7 ; ORDINANCE NO . —no4 A TIMES 001 INCHES .70 TOM& 4, 40 .00 INIOTIICE 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 L3FFilDAYilLir PUE3111CAT1100 COUNTY OF BENTON SS STATE OF WASHINGTON CAROL E MCI EN::: IE , being duly sworn, deposes and says, I am the Legal Clerk of the Tn-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 473 ORDINANCE NO . :004 A as it was printed in the regular and entire issue of the Tn-City Herald itself and not in a supplement thereof, 1 time(s), commencing on 017/17./q 11 , and ending on 0271:/94 , and that said newspaper was regulary distributed to its subscribers during all of this period ii MAR 2 i 1994 FINANCE DEPT IV\,(40_41-N.9 LEGALS ORDINANCE NO 3004 AN ORDINANCE relating to ze feningi and i e o f rteh: property within the City of Pasco from R-3 (Medium Density Residential) to C-1 (Retail Business) THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS Section 1 That the zone classification of the following described real property situat- ed in Pasco Franklin County Washington to-wit Lot 11 Buck 82nd Addition as depicted in the map at- tached hereto and identified as Exhibit 1 be and the same is hereby changed from C-1 (Retail Business) to R-3 (Medium Density Residen- tial) 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 7 of March 1994 -s- Joyce DeFelice Mayor Attest s- Cathenne Seaman Deputy City Clerk Approved As To Form s Greg Ri..stello City Attorney #473 - 3/13/r SUBSCRIBED AND SWORN BEFORE ME THIS t DAY OF 1\-A.a-e.L...._ , ICP124-- Notary public in an for the State of Wash- ington, residing at R I CHLAND , WA COMMISSION EXPIRES < TRANSACTION REPORT > 03-08-1994(TUE) 08 11 c -r PR ,a1N1 s r-i I -T- 3 NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 2874 3-08 08 05 15095821453 12 0°06 12 NORM E OK 12 0°06 12 FOR: City Council TO: Gary Crutchfiel anager DATE 3/3/94 WORKSHOP REGULAR 3/7/94 AGENDA REPORT NO 22 FROM: David I McDA ala;Community Development Director SUBJECT: REZONE R-3 TO C-1 (1211-1215 NORTH 20TH AVENUE) (LOCATI) (MF #94-06-Z) I. REFERENCE(S): A Report to Planning Commission dated 2/24/94 B Planning Commission Minutes dated 2/24/94 C Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No , granting a rezone from R-3 to C-1 on Lot 11, Buck's 2nd Addition, as recommended by the Planning Commission III. FISCAL IMPACT: NONE IV HISTORY AND FACTS BRIEF: A. On February 24 1994, the Planning Commission conducted a public hearing to determine whether or not to recommend a rezone from R-3 to C-1 for the property described in the attached report B. Following conduct of a public heanng, the Planning Commission reasoned that it would be appropnate to recommend a change in zoning for this particular property C No wntten appeal of the Planning Commission's recommendation has been received V. DISCUSSION: VI. ADMINISTRATIVE ROUTING 7" REPORT TO PLANNING COMMISSION MASTER FILE NO 94-06-Z APPLICANT Ruth Locati HEARING DATE 2/24/94 1224 West Yakima street Pasco WA 99301 BACKGROUND REQUEST Rezone from R-3 (Medium Density Residential) to C-1 (Retail Business) 1 PROPERTY DESCRIPTION Legal Lot 11, Bucks 2nd Addition General Location 1211-1215 North 20th avenue Property Size 57x125' 7,125 sq ft 2 ACCESS The site has access from 20th Avenue 3 UTILITIES All municipal utilities are available to the site 4 LAND USE AND ZONING The property is currently zoned R-3 and contains a Beauty shop and Barber shop The properties to the north and west are zoned C-1 and the properties to the south and east are zoned R-1 Land use of the surrounding properties is as follows North- Restaurant (Roy's) South- Residences East- Residences West- Court Street Plaza 5 COMPREHENSIVE PLAN The Comprehensive Plan designates this area as the transiton between Low Density Residential and Commercial Policy 2 2 of the Residential Plan encourages conversion of non-viable residential properties to better suited uses Policy 1 1 of the Commercial element encourages the provision of neighborhood shopping areas of a size appropriate to the surrounding neighborhood 6 ENVIRONMENTAL DETERMINATION This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43 21(c) RCW CONCLUSION The property is currently zoned R-3 (Medium Density Residential) and contains a 1,640 sq ft Beauty and Barber shop, which are non-conforming uses The structure was onginally constructed in late 1972 at which time the property was also zoned R-3 At the time of construction office activities were allowed in the R-3 zone but, in 1982 the Pasco Municipal Code was revised to prohibit commercial uses in residential zones When this was done in 1982 this land use became non-conforming and has been permitted to remain The applicant is not proposing to modify the property in any way, at this time, but desires to bring the land uses in conformity with the zoning This is being done so when the land and business are sold the lending institution(s) will not have complications related to the non-conforming status of the property The property has been used for Beauty shop and Barber shop activities since 1972 and the neighborhood has become accustom to this activity Since the use was established over 20 years ago as a permitted use and has not created land use conflicts with the surrounding residences allowing the use to continue as a permitted use seems appropnate The property has 57 1 of frontage on Brown street and 125' of frontage on 20th avenue Considering 20th avenue is the western boundary of the property and the site is currently developed with a commercial structure, the demolition of the 1,640 sq, ft structure would greatly reduce the feasibility of redevelopment for residential uses The fact numerous residentially zoned properties are located in the immediate vicinity and the fact the R-3 zoning would only allow the construction of a duplex also reduce the potential that this property will be redeveloped for residential uses There is not a demand for residential development (whether single family or duplex) abutting an arterial with the traffic 20th avenue experiences FINDINGS OF FACT The Planning Commission must make findings of fact relating to consistency with the comprehensive plan, effect on surrounding properties, merits to the community, the need for conditions to address adverse impacts and whether or not a concomitant agreement should be required This proposal is in conformity with the policies of the plan This proposal should not have a negative impact on the surrounding properties since it would allow this established use (20+ years) to continue This rezone has ment because an established commercial use will be allowed to remain and a non-viable residential zoning designation will be replaced with a compatible and realistic zoning designation Some of the permitted uses is the C-1 zoning district could create compatibility problems with the surrounding properties, if, the site was large enough Commercial redevelopment of the site would require conformance to the current Pasco Mummpal Codes Considenng the parking, landscaping and building codes, redevelopment of the site is hmited due to the small size The limited size of the site and the land development regulations adequately address concerns about compatibility with surrounding uses therefore, a Concomitant Agreement is not necessary Considering this proposal • Allows an established use, of over 20 years to continue without concerns/limitations about land use conformity, • Replaces a non-viable zoning designation with a viable and realistic designation, • Should not create any land use compatibility problems, • Staff recommends the property be rezoned from R-3 to C-1 RECOMMENDATION MOTION I move, based on the findings of fact as stated, the Planning Commission recommend the City Council rezone Lot 11, Bucks 2nd Addition from R-3 to C-1 MAP GAR ZONING MAP ITEM'. APPLICANT:_ REZONE R-3 TO C-1 RUTH LOCATI (M F#94-06-Z) FILE #: I 1 I. •.. C-14 C 4 CARTMELL ? I I 10 M AR I E 1? 1113=11117 111rAng s • II: • r - ; s <41 4,1 NIXON 2 L3 3 3 3 mobile homes but wished to broaden the potential use of the property to help market the site Mr Williams stated he was interested in the idea of miru storage but did not want to be locked into one specific land use Chairman Dietrich asked if there was anyone else who wished to speak in favor of this proposal? None were present Chairman Dietnch asked if there was any who wished to speak against this proposal? None were present After some discussion by the Planning Commission, Commissioner Chamberlin moved, seconded by Commissioner Hay based upon the findings of fact that the Planning Commission recommend the City Council rezone Lot 2, Short Plat 87-3 from I-1 with a concomitant agreement to C-3 with a concomitant agreement prohibiting service stations, laundries, express offices, heavy machinery sales and service, auto sales and service, and lumber sales business The vote was unanimous Staff stated the appeal process for all present C REZONE R-3 TO C-1 (MF #94-06-Z) , Staff stated that notice had been published in the Tn-City Herald and property owners within 300 feet of the site had been notified of this hearing Staff did not receive any written or oral correspondence on this matter Staff explained the existing use of a beauty and barber shop was established in 1972 when the property was zoned R-3 In 1982 the zoning changed to make this a non- conforming use and now the applicant is requesting a zone change to bring the use into conformity Staff stressed the fact this change should not be viewed as an encroachment upon residential uses because the use has been in existence for over twenty years Staff did recommend the property be rezoned to bring the land use into conformity with the zoning Chairman Dietnch opened the pubhc hearing by asking if there was anyone present to speak in favor of this proposal? Ruth Locati, owner/applicant, was present to speak in favor of this proposal? Ms Locati requested the property be rezoned to be brought into conformity with the zoning so when the property is sold the non-conformity issue will not cloud the sale Chairman Dietrich asked if there was anyone else present who wished to speak in favor of this proposal? PAGE 5 None were present Chairman Dietrich asked if there was anyone present who wished to speak against this proposal? None were present Chairman Dietrich closed this portion of the pubhc heanng Commissioner Mabry questioned staff whether or not this would clean up similar situations around town? Staff stated this would only eliminate the non-conforming use situation on the property in question Commissioner Chamberlin stated it was time to bnng this land use into conformity with the zoning Commissioner Hay moved seconded by Commissioner Malachi based upon the findings of fact, the Planning Commission recommend the City Council rezone Lot 11, Buck's Second Addition from R-3 to C-1 The vote was unanimous Staff stated the appeal process for all present D REZONE C-1-D TO - C-1, BP AND R-T AND R-T TO C-1, C-3 AND BP - METROPOLITAN MORTGAGE / ROAD 100/I-182 (MF #94-05-Z) Staff stated that notice had been published in the Tn-City Herald and property owners within 300 feet of this site had been notified of this public hearing Staff did receive one telephone call from Daryl Peterson, property owner in the area with questions on the proposal Staff explained the existing zoning and comprehensive plan designations and the process involved with developing the comprehensive plan Staff explained the differences between the C-1-D and C-1 zoning districts and the affect the newly adopted parking, landscaping and screen regulations would have upon the proposal Staff also reviewed the proposed zoning designations and amendment of the comprehensive plan Staff explained the existing freeway interchange location and utilities being extended to the area and the potential for commercial development at this interchange Staff did recommend that the property be rezoned as requested and the comprehensive plan be amended so the zoning would be m conformity with that plan Chairman Dietrich opened the public heanng by asking if there was anyone present who wished to speak in favor of this proposal? 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