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Home My WebLink About3016 Ordinancebstello, City Attorney 4 1EST Clerk APP ORDINANCE NO. AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from RT and R-1-S (Residential Transition/Suburban) to R-1-8 5 ( Low Density Residential) 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, Franldin County, Washington to-wit The southwest quarter of Section 10, Township 9 North, Range 29 East W M Except the south 165' thereof and the south 165' of the northwest quarter of Section 10, Township 9 North, Range 29 East W M as depicted in the map attached hereto and identified as Exhibit "1", be and the same is hereby changed from RT and R-1-S (Residential Transition/Suburban) to R-1-8 5 ( Low 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, thisof 1994 1— r, Mho NM O N el II 1 1 ‘ ..*: , ":„..... 1 , n \ s, n \ , - t n :-....... ,.... t x -..„ ,..3 .. --""n-•%. ... .... , 1 \ \ n 1 • Hi I A C / I -1 , 1 • 1 8 • • • . •• III I 1 11 1 I L __ 1.••• N. lig ...eV n—• • 7 I I i Awe. ••••• •I•1Imo Orlt 3 0 16 \ EXHIBIT #1 _ cm toffs \ \\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\ 4\\\\\\\\\\\\\\\\\\\\\\\\\\\t J\\\\\\\\\\\\\\\\\\\\\\\\\\\I J\\\\\\\\\\\\\\\\\\\\\\\\\\\) 1 4\\\\\\\\\\\\\\\\\\\\\\\\\\\1 OA f \\\\\\\\\\\\\\\\\\\\\\\\\\ -0,1‘"11— \\\\\\\\\\\\\\\\\\\\\\\\\\\I 1\\\\\\\\\\\\\\\\\\\\\\\\\\\1 11\\\\\\\\\\\\\\\\\\\\\\\\\\VI i LI • 4•111. ammo. •11111.0— MAIM. 7=7— \ CAN& 1 1 1 1 -4154 \ \ - \ ...... .... \ ........ \ < TRANSACTION REPORT > 05-04-1994 (WED) 08 50 C -r RA NI S Ni I "T . 3 NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 3379 5-04 08 39 15095821453 20 0 0 10 36 NORM E OK 20 00 10 36 DATE or c44 #0 7 - - LEGAL NO -- ACCOUNT NO DESCRIPTION cs -* ORDINANCE NO 701F A TIMES ( ")1 INCHES TOM& S 43 . 6501, LEGALS , graphical irregulanties Section 2 This ordinance shall be in full force and effect after passage and publication as required by law PASSED b the City Council of the C asco at its reg ular m • May 2 1994 -s J DeFelice Mayor A ary Anne Kalbe ng Deputy City Clerk pproved As To Form s- Greg Rubstello City Attorney #834 - 5/8/94 ORDINANCE NO 3016 AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from RT and R 1-S (Residential Transition/ Sub- urban) to R-1-8 5 (Low Dens' ty Residential) THE CITY COUNCIL OF THE CITY OF PASCO 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 The southwest quarter of Section 10 Township 9 North Range 29 East W M Except the south 165 thereof and the south 165 of the northwest quarter of Section 10 Township 9 North Range 29 East W M as depicted in the map at- tached hereto and identified as Exhibit 1 be and the same is hereby changed from RT and R-1-S (Residential Transition/Suburban) to R 1 8 5 (Low 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 2nd of May 1994 s- Joyce DeFelice Mayor Attest -s- Mary Anne Kalbe Acting Euty S-,ty Clerk Approvers To Form -s Greg Rubstello City Attorney #833 - 5/8/94 DAY OF Ma-lj , Notary ublic in and for /he Stat4 of Wash- FASLO ington, residing at COMMISSION EXPIRES 7-7- lAttZ.N3)' ct* P 0 BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 LffaAa, 1:3,OVEGg71101102 INVOICE SOLD TO FASCO, CITY OF LFGALS P.O. BOX 2D: PASCO WA D 7401 RIOTOCE 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 AFFODAY117 PUSEEMAY11005 COUNTY OF BENTON SS STATE OF WASHINGTON N1/4 A C, q),\ OEPI , 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 - ORDINANCE NO. 7016 A "as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 1 time(s), commencing on (35 /C414 , and ending on utVOCS / 914 , and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIBED AND SWORN BEFORE ME THIS CARLA ALFORD ,4111 1111L= ' CITY Orrin PAS FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301 onil11 1 11111111111 1 11 111111100 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, c.v-vD5e-all4AgA"-/ Cathenne D Seaman Deputy City Clerk 545-3402 cds * No attachments or maps included AGENDA REPORT NO. 51 FOR: City Council DATE 4/28/94 TO: Gary Crutchfiel nager WORKSHOP REGULAR 5/2/94 FROM: Davi ommunity Development Director SUBJECT: REZONE RT AND R-1-S TO R-1(R-1-8 5) Southwest 1/4 of Section 10-9- 29 (Northeast of RD 68/1-182) (MF#94-26-Z) I. REFERENCE(S)• A Report to Planning Commission dated 3/21/94 B Planning Commission Minutes dated 3/21/94 C Proposed Rezone Ordinance II. ACTION REOUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No , granting a rezone from RT and R-1-S TO R-1-8 5, as recommended by the Planning Commission III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On April 21 1994, the Planning Commission conducted a public hearing to determine whether or not to recommend a rezone from RT and R-1-S to R-1 (R-1- 8 5) for the property described in the attached report B. Following conduct of a public hearing, the Planning Commission reasoned that, it would be appropriate to recommend a change in zoning for this particular property C No written appeal of the Planning Commission's recommendation has been received V. DISCUSSION: VI. ADMINISTRATIVE ROUTING 8(e) i REPORT TO PLANNING COMMISSION MASTER FILE NO 94-26-Z APPLICANT Robert Kanna and Robert HEARING DATE 4/21/94 Schmeling 7301 N E Highway 99 Vancouver WA 98665 BACKGROUND REQUEST Rezone from RT and R-1-S to R-1 (Southwest quarter of Section 10-9-29) (Northeast of Rd 68/ 1-182 Interchange) 1 PROPERTY DESCRIPTION Legal The southwest quarter of Section 10, Township 9 North, Range 29 East W M Except the south 165' thereof and the south 165' of the northwest quarter of Section 10, Township 9 North, Range 29 East W M General Location East of Road 68, south of the easterly projection of Broadmoor Parkway, north of the proposed TRAC facility and half a mile west of Desert Plateau and Desert Oasis Property Size 160+ acres 2 ACCESS Direct access to the site is provided by Burden and Overton Roads Both roads are substandaid and proper access would be needed at the time of development 3 UTILITIES Municipal water is available from the Rd 68 standpipe The City also plans to extend a pressurized sewer system to handle the initial demands of development at Rd 68 and Rd 100 in mid-1994 4 LAND USE AND ZONING The property is currently zoned RT and R-1-S (Residential Transition/ Residential Suburban) and is either vacant or in agricultural production The surrounding properties contain irrigated farmland and vacant land 5 COMPREHENSIVE PLAN The area is designated as single family residential The comprehensive plan encourages 3-5 dwelling units per acre on sites that are suitable for development The comprehensive plan encourages the provision of a variety of housing styles and densities throughout the community. 6 ENVIRONMENTAL DETERMINATION This proposal has been issued a determination of non significance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43 21(c) RCW , CONCLUSION A major portion of this proposal (150 acres) was considered for a rezone from RT to R-1-S in 1992 with 137 acres being rezoned to R-1-S The south 260' of this site was not rezoned to R-1-S because it was felt a large lot single family development directly north of the TRAC facility and associated arterial street may create incompatible land uses The developer was also unsure of what would be best suited for the area This proposal is consistent with the single family designations of the 1-182 Corridor Comprehensive Plan The area is experiencing development pressure due to the extension of the municipal sewer system which is the catalyst for this proposal The city current has three large areas being developed with single family residential uses at varying densities Desert Plateau/ Riverview Heights 10,000 sq ft lots, Highland Park area with 7,200sq ft lots, Sun Willows (Planned Unit Development) with 5,000-6,500 sq ft lot This proposal calls for development at lower densities than what is currently developing in the nearest subdivision, Desert Plateau While this proposal is consistent with the goal of Comprehensive Plan to provide a variety of housing densities in appropriate locations, however the area in question may not be appropriate for 7,200 sq ft lots due to the development pattern in Section 14 (Desert Plateau) being characterized by lots sizes of 10,000 sq ft or more Given certian conditions within the community and the desire by home owneis to store recreational equipment on their properties, 7,200 sq ft lot do not adequately address this concern The 7,200 sq,ft, lots within the core of the city are typically served by local access street and alleys which provide more access and additional open space to these lots The city no longer requires alleys therefore in the interest of addressing access to the rear of the potential lots and in keeping with the general pattern of development in the alea rezoning to the R-1-8 5 district would be appropriate 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 The proposal is consistent with the policies and land use designations of the Comprehensive Plan in that it calls for single family development A rezone will have positive effects on the surrounding properties because this will complement many of the proposed and anticipated land uses in the 1-182 Corridor A rezone would allow constiuction of a large single family subdivision which would provide needed housing in this very tight Tn-Cities market A rezone has the potential to bring large scale development to the City of Pasco and should act as a catalyst for development in the Rd 68/ 1-182 area However to create the proper catalyst for further development in the area and to meet community needs, it may be appropriate to rezone the site to a lower density than the R-1 zone This would allow slightly larger lots with more usable space to address recent concerns in the community Lot sizes of 8,500 sq ft may be more appropriate Because this site has been planned for single family homes and the land uses proposed and identified in the comprehensive weie designed to minimize land use conflicts, a concomitant agreement is not necessary Considering this proposal • Is consistent with the Comprehensive Plan • Allows the development of a single family subdivision in an appropnate location, • Would act as a catalyst for development in the Rd 68/1-182 comdor, • Would foster needed housing Staff recommends the property be rezoned from R-1-S & RT to R-1-8 5 RECOMMENDATION MOTION I move, based on the findings of fact as stated, the Planning Commission recommend the City Council rezone the southwest quarter of Section 10, Township 9 North, Range 29 East W M Except the south 165' thereof and the south 165' of the northwest quarter of Section 10, Township 9 North, Range 29 East W M from RT and R-1-S to R-1-8 5 MOOR PARKWAY 1 191 1:111 11 111111111 CRY LACT3 ZONING MAP ITEM: REZONE R-1-S/RT to R-1 APPLICANT: Robert Kanna & Robert Schmpling (MF# 94-26-Z) FILE #: 44444„44444 111611AmailmnimainAMIMMILIMI ll ME LIN WI MN II son 111111111alli ani 111111 filli1111 a=111 EMEIHI :Ann mum 40 PM -111M11 111 12 Ell MI • PEI Owl sir m we MEM IIMMIIIIIII IIIIIIIIII MI 1111:2 NEU III- MUM mi. Ind:11.•111 111 IIIIIIIINIBUIR rilIMPITII Mai MI MEM 1111 VIUMWEWn lailitiffingim 1 fir a NI ftlimm - 111 I um 1111 ill II I AM= • alll 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 Tr-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 Staff explained this area was appropriate for residential activities considering the proposed land uses in the area and the infrastructure being developed at this time However, because the 1-182 corridor area was as of yet undeveloped, staff was concerned about the smaller lot sizes in the 7,200 square R-1 zoning district and recommended that if approved by the City Council, the property should be zoned R-1-8 5 district Acting Chairman Chamberlin opened the public hearing by asking if there was anyone who wished to speak in favor of this proposal? Robert Kaana, the applicant, was present to speak about this proposal Mr Kaana stated that the R-1 7,200 square foot lot size was desirable, but the 8,500 square foot lot size would work quite well He stated he agreed with the staff report and supported the R-1-8 5 zoning district and was present to answer any questions Acting Chairman Chamberlin asked if there was anyone else present who wished to speak in favor of this proposal? Jake Roth, Realtor for the property, Kennewick, was present to speak about this proposal Mr Roth stated this development would provide good entry level homes, and they would not be targeting low to moderate income individuals with this development Mr. Roth again stated this would the potential for Pasco to have another good quality neighborhood developed Acting Chairman Chamberlin asked Mr Roth from a Realtor's standpoint whether the R-1 or the R-1-8 5 was a better district? Mr Roth felt the R-1-8 5 proved to be the better district because studies recently done indicated that buyers wanted somewhat of a larger lot and the provisions for access to the rear yard were included in this new zoning district Acting Chairman Chamberlin if there was anyone else who wished , to speak in favor of this proposal? None were present Acting Chairman Chamberlin asked if there as anyone present to speak against this proposal? PAGE 5 1 None were present Acting Chairman Chamberlin closed this portion of the public hearing Commissioner Mabry questioned staff as to why the R-1 zoning district was not appropriate in this area') Staff explained the larger lot size had already been established in the area and the change to the smaller lot size in the R-1 zoning district could set a different tone for the 1-182 corridor Commissioner Dunn questioned staff as to the availability of water and sewer and whether this is an appropriate question at this time Staff stated water is available to the property and sewer is being planned to be within close proximity by this fall, however, the Planning Commission would review the required infrastructure improvements at the time a preliminary plat was submitted Commissioner Mabry questioned staff as to whether or not access and traffic questions needed to be identified with this rezone because this had the potential to bring quite a few homes to the area. Staff stated Burden Road would be developed with the TRAC Project, but the specific concerns would be addressed in the platting process After further discussion, Commissioner Williams moved, seconded by Commissioner Dunn and based upon the findings of fact, the Planning Commission recommend the City Council rezone the southwest quarter of Section 10-9-29, EXCEPT the south 165 feet thereof and the south 165 feet of the northwest quarter of Section 10-9-29 from R-1 and R-1 to R-1-85 The vote was unanimous Staff stated the appeal process for all present PAGE 6