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HomeMy WebLinkAbout3015 OrdinanceORDINANCE NO..3d/S-/ AN ORDINANCE relating to land use and zoning amending Title 22 by enacting a new Chapter 22 25 dealing with low density residential zoning WHEREAS, cities have the responsibility to regulate and control the physical development within their bourders and insure the public health, safety and welfare are maintained, and, WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and development of the city, and, WHEREAS, the City Council has reviewed the Planning Commission's recommendations, and has determined that to further the purpose of the comprehensive planning and to maintain and protect the welfare of the community, it is necessary to amend PMC Title 22, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That PMC Title 22 is hereby amended to include a new chapter 22 25, to reads as follows CHAPTER 22 25 R-1-8 5 LOW DENSITY RESIDENTIAL ZONE Sections 22 25 010 Purpose 22 25 020 Permitted uses 22 25 030 Permitted accessory uses 22 25 040 Conditional uses 22 25 050 Building heights 22 25 060 Minimum lot area 22 25 070 Lot coverage 22 25 080 Yard requirements 22 25 090 Parking requirements 22 25 110 Fences, walls and hedges 22 25 010 PURPOSE The R-1-8 5 low density residential district is established to provide a low density residential environment Lands within this district shall, unless specifically allowed herein contain single-family development on moderately size lots with attractive yard areas Structures in this district are limited to single-family dwellings and customary accessory structures Certain public facilities and institutions may also be permitted, provided their nature and location are not detrimental to the intended low density residential environment 22 25 020 PERMITTED USES The following uses shall be permitted in the R-1 zone (1) One-family dwellings, (2) Nothing contained in this section shall be deemed to prohibit the use of vacant property for gardening or fruit raising 22 25 030 PERMITTED ACCESSORY USES The following uses shall be permitted as accessory to a permitted use in the R-1-8 5 low density residential district (1) Residential garages, as defined in Section 22 12 370, provided they do not exceed fifteen feet in height, (2) Home occupations, as defined by Section 22 12 390, (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height, provided no container storage, as defined in Section 22 12 750, shall be permitted, (4) Renting of rooms for lodging purposes only, provided, however, such accommodations shall not exceed two persons in a single-family dwelling One off-street parking space per roomer, must be provided in addition to the requirement set forth under Section 22 84 010 (1), (5) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats, (6) Family day care homes in conformance with WAC 388-73 as now existing and as amended and PMC Chapter 22 35 22 25 040 CONDITIONAL USES In addition to the unclassified uses listed in Chapter 22 80, the following uses may be permitted by special permit as provided in Chapter 22 80, (1) Churches and similar places of worship, (2) Public libraries, and municipal office buildings, (3) Public and pnvate elementary schools, public parks and playgrounds, (4) Fire department station houses, (5) Private nursery school, preschool, child mini day care, and child day care center, (Ord 2785 Sec 3, 1990) (6) Agricultural use (commercial) (Ord 2361 Sec 2, Part), 1982) 22 25 050 BUILDING HEIGHTS The maximum height of structures in the R-1-8 5 low density district shall be twenty-five feet, except that structures greater than twenty-five feet may be allowed by special permit (Ord 2361 Sec 2 (part), 1982) 22 25 060 MINIMUM LOT AREA In the R-1-8 5 low density district, the minimum area of any lot shall be not less than eight thousand five hundred square feet except that any existing lot of record in the office of the county auditor shall be deemed to meet the requirements of this section, provided all adjacent or abutting lots are held under separate ownership on the effective date of the ordinance codified in this chapter (Ord 2361 Sec 2 (part), 1982) 22 25 070 LOT COVERAGE All buildings, including accessory buildings, covered breezeways, covered patios, covered parking, covered storage or loading spaces, shall not cover more than forty percent of the lot area 22 25 080 YARD REQUIREMENTS (a) Front Yard the front yard, as defined in Section 22 12 850, shall have a depth of not less than twenty feet which shall be measured from the front property line At least fifty percent of the required front yard area excluding driveways, shall be treated with landscape, as that term is defined in Chapter 22 82 (b) Side Yard The mimmum side yard, as defined in Section 22 12 870, shall be ten feet on one side and five on the other, (c) Rear Yard The rear yard, as defined in Section 22 12 860, shall not be less than the height of the building, except accessory buildings not used for human habitation may be place not less than five feet from the rear lot line, provided, however, that an accessory building may be placed adjacent an alley line if the wall parallel and adjacent the alley contains no openings 22 25 090 PARKING REQUIREMENTS In the R-1-8 5 low density district, off-street parking spaces shall be provided in accordance with Chapter 22 84 22 25 100 FENCES, WALLS AND HEDGES The following height provisions shall apply to fences, walls, and hedges within the R-1-8 5 low density district (a) Intersections There shall be no wall, fence or foliage higher than three feet above grade, and no tree foliage lower than six feet above curb grade within an area twenty feet along the property lines from the intersection of two streets, including the area between such points, or fifteen feet from the intersection of a street and an alley, provided, however, a chain link fence of six feet, or a smaller chain link fence set upon a maximum three-foot wall or other structure not exceeding a combined height of six feet, may be erected within said area of Intersection of street and alley so long as the chain link fence or woven wire fence is at all times unobstructed by foliage or other matter (b) Front Yards Subject to subsection (a) of this section, the height of fences, walls and hedges shall be limited to three ad one-half feet within the front yard area of a residential lot as defined by Section 22 12 850, provided, when two contiguous corner lots, or two corner lots separated only by an alley right-of-way, form the entire frontage between parallel or nearly parallel streets, the height of fences, walls and hedges shall be limited to six feet within the front yard adjacent the side street (c) Rear and Side Yards The heights of fences, walls and hedges within the side and rear yards shall be limited to six feet A gate or opening with a minimum three-foot width leading into at least one side yard shall be provided (d) The height of fences, walls and hedges located between a structure and street or alley shall be measured from the street curb or alley grade The height of fences, walls and hedges located between a structure and a common lot line shall be measured from the grade along the common lot line shall be measured from the grade along the common lot line, exclusive of landscaping berms, grade depressions and other topographical irregularities Section 2. 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, at its regular meeting, May 2, 1994 .t0o. LICE < TRANSACTION REPORT > 05-04-1994(WED) 08 50 [ TRANSMIT 7 NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 3379 5-04 08 39 15095821453 20 0°10 36 NORM E OK 20 0°10 36 _PO BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 1ffea& ADVENTOS1102 INVOICE SOLD TO PASCO, CITY OF LEGALS F.O. BOX 2 717 F ASCO WA ::).:1:01 Oci/08/714 DATE LEGAL NO itD74 i ACCOUNT NO cin=5(- — 374 DESCRIPTION ORLII NANCE NO. -301'5 A TIMES c-)0 INCHES 27 °SO TOTAL 297.74 PS OTOCE 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 AFFEAV117 PU:E3171100 4 vs. COUNTY OF BENTON SS STATE OF WASHINGTON *MOVE- MAY 1 1994 Nik,NCE DEPT CARLA ALFORD , 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 874 ORDINANCE NO . 30 .L 5 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 c)5 /00 /914 , and ending on and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF iqq -zf S A c9:0‘ $ sTi °Al vi ;4;°:_t" UOuG 13 1 Ao Notary ublic in and for the State of Wash- ington, residing at PASCO WA COMMISSION EXPIRES c, 10 11 LEGALS 73 as now existing and as amended and PMC Chapter - 22 35 -r 22 25 040 CONDITIONAL USES In addition to the Un- classified uses listed in Chap- ," ter 22 80 the following uses , may be permitted by special permit as provided in Chapter 22 80 (1) Churches and similar , places of worship (2) Public libraries and mu- , nicipal office buildings _7 (3) Public and private ele mentary schools public parks and playgrounds (4) Fire department station r houses (5) Private nursery school preschool child mini day ii. care and child day care cen -,ter (Ord 2785 Sect 3 1990) (6) Agricultural use (commer- _ cm!) (Ord 2361 Sec 2 Part) 0 1982) ", 22 25 050 BUILDING ,I HEIGHTS The maximum height of structures in the R 1- - 8 5 low density distnct shall be twenty-five feet except that structures greater than twen ty-five feet may be allowed by special permit (Ord 2361 Sec 2(part) 1982) 22 25 060 MINIMUM LOT AREA In the R 1-85 low _ density district the minimum area of any lot shall be not less than eight thousand five hundred square feet except that any existing lot of record u in the office of the county au- ' ditor shall be deemed to meet U the requirements of this sec- - tion provided all adjacent or abutting lots are held under separate ownership on the ef - fective date of the ordinance codified in this chapter (Ord , 2361 Sec 2 (part) 1982) ,_, 22 25 070 LOT COVER- u AGE All buildings including accessory buildings covered I. breezeways covered patios covered parking covered rL 40 LEGALS storage or loading spaces shall not cover more than forty percent of the lot area 22 25 080 YARD REQUIRE MENTS (a) Front Yard the front yard as defined in Sec- tion 22 12 850 shall have a depth of not less than twenty feet which shall be measured from the front property line At least fifty percent of the re- quired front yard area exclud- ing driveways shall be treat- ed with landscape as that term is defined in Chapter 22 82 (b) Side Yard The minimum side yard as defined in Sec- tion 22 12 870 shall be ten feet on one side and five on the other (c) Rear Yard The rear yard as defined in Section 22 12 860 shall not be less than the height of the building except accessory buildings not used for human habitation may be place not less than five feet from the rear lot line provided however that an accessory building may be placed adjacent an alley line if the wall parallel and adjacent the alley contains no open- ings 22 25 090 PARKING RE- QUIREMENTS In the R-1- 8 5 low density district off- street parking spaces shall be provided in accordance with Chapter 22 84 22 25 100 FENCES WALLS AND HEDGES The follow- ing height provisions shall ap- ply to fences walls and hedges within the R-1-8 5 low density distnct (a) Intersections There shall be no wall fence or foliage higher than three feet above grade and no tree foliage lower than six feet above curb grade within the area twenty feet along the property lines from the intersection of two streets including the area be 40 It LEGALS tween such points or fifteen feet from the intersection of a street and an alley provided however a chain link fence of six feet or a smaller chain link fence set upon a maximum three-foot wall or other struc- ture not exceeding a corn bined height of six feet may be erected within said area of intersection of street and alley so long as the chain link fence or woven wire fence is at all times unobstructed by foliage or other matter (b) Front yards Subject to subsection (a) of this section the height of fences walls and hedges shall be limited to three and one-half feet within the front yard area of a resi- dential lot as defined by Sec- tion 22 12 850 provided when two contiguous corner lots or two corner lots sepa- rate only by an alley right-of- way from the entire frontage between parallel or nearly parallel streets the height of fences walls and hedges shall be limited to six feet with- in the front yard adjacent the side street (c) Rear and Side Yards The heights of fences walls and hedges within the side and rear yards be limited to six feet A gate or opening with a minimum three-foot width leading into at least one side yard shall be provided (d) The height of fences walls and hedges located between a structure and street or alley shall be measured from the street curb or alley grade The height of fences walls and hedges located between a structure and a common lot line shall be measured from the grade along the common lot line shall be measured from the grade along the common lot line exclusive of landscaping berms grade depressions and other topo 40 LEGALS graphical irregularities Section 2 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 at its reg- ular meeting May 2 1994 -s- Joyce DeFelice Mayor Attest -s Mary Anne Kalbe Acting Deputy City Clerk Approved As To Form -s Greg Rubstello City Attorney #834 5/8/94 LEGALS City Attorney Big Bend Coops e Inc G, • - albreath - — rd President t1 ©It LEGALS R-1-8 5 low density residen tial district is established to provide a low density residen tial environment Lands with- in this district shall unless specifically allowed herein contain single-family develop- ment on moderately size lots with attractive yard areas Structures in this district are limited to single-family dwellings and customary ac cessory structures Certain public facilities and institutions may also be permitted pro vided their nature and loca- tion are not detrimental to the intended low density residen- tial environment 22 25 020 PERMITTED US- ES The following uses shall be permitted in the R-1 zone (1) One family dwellings (2) Nothing contained in this section shall be deemed to prohibit the use of vacant property for gardening or fruit raising 22 25 030 PERMITTED AC- CESSORY USES The fol- lowing uses shall be permit- ted as accessory to a permit ted use in the R 1 8 5 low density residential district (1) Residential garages as defined in Section 22 12 370 provided they do not exceed fifteen feet in height (2) Home occupations as de fined by Section 22 12 390 (3) Storage buildings not ex ceeding two hundred square feet of gross floor area and fit teen feet in height provided no container storage as de fined in Section 22 12 750 shall be permitted (4) Renting of rooms for lodg ing purposes only provided however such accommoda tions shall not exceed two persons in a single-family dwelling One off-street park- ing space per roomer must be provided in addition to the requirement set forth under Section 22 84 010(1) (5) The keeping of dogs ahd cats provided such number of animals does not exceed threo dogs and three cats (6) Family day care homes in conformance with WAC 388- ORDINANCE. NO 3015 AN ORDINANCE relating to land use and zoning amend ing Title 22 by enacting a new Chapter 22 25 dealing with low density residential zoning WHEREAS cities have the responsibility to regulate and control the physical develop ment within their borders and insure the public health safe- ty and welfare are main tamed and WHEREAS the City of Pas co has zoning regulations that encourage orderly growth and development of the city and WHEREAS the City Council has reviewed the Planning Commission s recommenda- tions and has determined that to further the purpose of the comprehensive planning and to maintain and protect the welfare of the community it is necessary to amend PMC Title 22 NOW THERE- FORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DOES OR DAIN AS FOLLOWS Section 1 That PMC Title 22 is hereby amended to include a new chapter 22 25 to reads as follows CHAPTER 222 R 1-8 5 LOW DENSITY RESIDENTIAL ZONE Sections 22 25 010 Purpose 22 25 020 Permitted uses 22 25 030 Permitted acces- sory Uses 22 25 040 Conditional uses 22 25 050 Building heights 22 25 060 Minimum lot area 22 25 070 Lot coverage 22 25 080 Yard require ments 22 25 090 Parking require ments 22 25 110 Fences walls ld hedges 22 25 010 PURPOSE The 111011111 111111011111111 1111111110 FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301 May 4, 1994 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Summary of Ordinance(s) No 3013-3016 on the following date May 8, 1994 Please send two (2) Affidavits of Publication for each Thank you, L.v495--e-allA(CA"-j Cathenne D Seaman Deputy City Clerk 545-3402 cds * No attachments or maps included AGENDA REPORT NO 50 FOR: City Council DATE April 28, 1994 TO: Gary Crutchfield I nager WORKSHOP REGULAR 5/2/94 FROM. David 'aid, Community Development Director SUBJECT: CODE AMENDMENT CREATION OF R-1-8 5 ZONING DISTRICT (8,500 SQ FT SINGLE FAMILY LOTS) (MF#94-25-CA) I. REFERENCE(S). A Memo to Planning Commission dated 3/21/94 B Planning Commission Minutes dated 3/21/94 C Proposed Code Amendment Ordinance II ACTION REOUESTED OF COUNCIL/STAFF RECOMMENDATIONS. A MOTION: I move to adopt Ordinance No , amending PMC Title 22 by creating an R-1-8 5 zoning district III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF. A In anticipation of residential development within the 1-182 Comdor and other areas throughout the community, a proposal to create a new zoning district, similar to the R-1-S but with slightly smaller lots sizes was considered by the Planning Commission B The Planning Commission held a public hearing at the last regular meeting and as a result is recommending the attached language for an R-1-8 5 (Low Density Residential) zoning district C The proposed R-1-8 5 district differs from the R-1-S district in two areas, the first being a minimum lot size requirement of 8,500 sq ft rather than 10,000 sq ft and the second being one side yard setback is 5', and the other 10', rather than 10', on both sides In all other respects the proposed R-1-8 5 zoning district is identical to the R-1-S zone V. DISCUSSION: 8(d) MEMORANDUM TO: Planning Commission April 14, 1994 FROM: David I McDonald, Community Development Director SUBJECT: CODE AMENDMENT CREATION OF NEW SINGLE-FAMILY ZONING DISTRICT R-1-8 5 (LOW DENSITY RESIDENTIAL) The current city policy plan encourages a full range of residential environments that cater to various lifestyle and income ranges This goal is supported by a policy that encourages the maintenance of a variety of residential densities to accommodate different social and economic characteristics within the population base The city currently has an R-S-20, R-S-12, R-1-S, R-1, R-2, R-3, R-4 and R-5 zoning districts that provide for residential densities ranging from approximately a half acre (R-20) in size to 1,500 (R-5) square feet per dwelling unit Until the adoption of the R-S-20 and R-S-12 zoning districts last December, the city's two principal single-family zoning districts were the R-1 (Suburban) and the R-1 (Low Density) residential district The R-1-S District permits development with lots at a minimum of 10,000 square feet while the R-1 district permits single-family lots 7,200 square feet in size In all respects, these two zoning districts are similar with the exception of side yard setbacks The side yard setbacks in the R-1-S district are ten feet while they are only five feet in the R-1 district Permit uses, accessory uses, conditional uses, yard requirements and all other requirements are the same except provisions for animals The city has a full range of large lot residential development standards for single-family development, but has limited provisions for single- family development on lots less than 10,000 square feet Some communities have made provisions for single-family lots ranging in 1,000 foot increments from 6,000 square feet to over 15,000 square feet Others have one single-family zoning district with sub-zones within that single-family district that specify various minimum lot sizes Considering Pasco has only one zoning district under 10,000 square feet that permits only single-family development and given the fact that there is a need within the community to provide more single-family lots to accommodate changes in lifestyles (i e , the need to store recreational vehicles) the city should consider developing a single-family zoning district with lot sizes greater than 7,200 square feet, yet less than 10,000 square feet To provide for this need, staff has prepared the attached R-1--8 5 (Low Density) residential zoning district regulations for Planning Commission's consideration A public hearing has been scheduled tor the regular meeting of April 21st to consider the proposed zoning district RECOMMENDATION I move to recommend the City Council adopt the R-1-8 5 (Low Density) residential zoning district to provide a greater variety and opportunity for residential development within the city _ attachment DIM osw e 2 Commissioner Williams moved, seconded by Commissioner Hay that the Planning Commission recommend the City Council amend the C- 1 zoning district to allow auto sales lots to be located across an alley from a residential district provided the criteria of spacing, arterial location and commercial property surrounding the abutting rights-of- way is met The vote was unanimous Staff stated the appeal process for all those present B CODE AMENDMENT Large Lot Zoning, District R-1 85 (MF #94-25-CA) Staff stated notice had been published in the Tr-City Herald Staff explained the proposal was to create a new single-family residential district with 8,500 square feet lots with lot coverage and setbacks similar to those in the R-1 zoning district, with the exception that one side yard must be increased ten feet to address recent concerns about access to rear yards Staff explained that currently the city had a 7,200 square foot, 10,000, 12,000 and 20,000 square foot single-family zoning districts, but did not have a zoning district with lot sizes between those experienced inside the core of the community and the Desert Plateau area The proposed 8,500 square foot lot district would be an intermediate step between the R-1 and R-1-S zoning districts Staff explained that other communities typically had several single-family zoning districts in step increments from 6,000 to 12,000-15,000 square feet Acting Chairman Chamberlin opened the public hearing by asking if there was anyone present who wished to speak in favor of this proposed code amendment? None were present Acting Chairman Chamberlin asked if there was anyone present who wished to speak against this proposal? None were present PAGE 3 \ Acting Chairman Chamberlin closed this portion of the public hearing Commissioner Dunn questioned staff as to the required minimum lot size this district was proposed? Staff stated 8,500 square feet would be minimum lot size, however, a developer could develop the site on larger lot sizes Commissioner Mabry had a question about the condition #4 in the accessory uses dealing with the renting of rooms Staff stated this was the same wordage found in other single- family zoning districts within the City of Pasco's ordinance and related to renting of rooms for college students Commissioner Hay stated this new zoning district appear to be basically the same as other residential zoning districts with the two changes of the increased side yard and the 8,500 minimum lot size Commissioner Hay moved, seconded by Commissioner Williams that the Planning Commission recommend the City Council create a new zoning district R-1-8 5 as discussed The vote was unanimous Staff stated the appeal process for all those present. C REZONE Southwest Quarter of Section 10-9-29 R-T and R-1-S to R-1 (MF #94-26-Z) Staff stated that notice had been published in the Tn-City Herald and property owners within 300 feet had been notified of this hearing The property owners directly to the east representing a family trust contacted the planning office and spoke in favor of the idea of developing the property for single-family homes, approximately four homes per acre Staff explained the history of this area being directly to the north of the proposed TRAC site and northeast of the Road 68 1-182 Interchange A major portion of the property was rezoned from R-T to R-1-S in 1992, now the specific proposal was to rezone the property to the R-1 7,200 square foot lots PAGE 4