The URL can be used to link to this page

Home My WebLink About3037 Ordinance1994 Felice, Mayor ORDINANCE No.303 7 AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from RT (Residential Transistion) 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 That portion of the northeast quarter of the northeast quarter of Section 18, Township 9 North, Range 29 East W M lying north and east of the Franklin County Irrigation District No 1 canal right-of-way and southerlt of the following described line Commencing at the northeast corner of said Section 18, thence south 2 degrees 25' 38" west along the east line thereof, for 734 76 feet to the true point of beginning of the following described line Thence north 87 degrees 34' 22" wst for 330 64 feet to the easterly right-of-way margin of the Franklin County Irrigation District No 1 canal and the terminus of said described line EXCEPT Road 100 right-of-way on the east asnd EXCEPT that portion conveyed to the State of Washington by judgement and Decree of appropriation dated January 24, 1983, filed in Superior Court under Cause No SC 26788 as depicted in the map attached hereto and identified as Exhibit "1", be and the same is hereby changed from RT (Residential Transistion) 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 / of IEST Catherine Seaman, Deputy City Clerk APPRik T al RI _n f k tAtiove _- - Gre ubstello, City At orney – — — — VICINITY MAP oi-6* 303'1 -r Site Shirt, Plat NNNN SHORT PLAT 79-17 N SH)RT PLAT 81 If a .9 6IN t uiffiliii11111111 111111111 1100o FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301 August 2, 1994 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 3037 & 3038 on the following date August 7, 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 itgy AUG 1994 SUBSCRIBED AND SWORN BEFORE ME THIS ga Nota ublic in and for, the State of Wash- ington, residing at r" I/ WA COMMISSION EXPIRES 7 -75— eAVN -P0 BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 LECAL ADVEOTUS1100 INVOICE SOLD TO FAc1CO, r,ITY OF LEGALS F.O. BOX 2E;7 FASCO WA DD:ol DATE '72"1 "7/7-44 LEGAL NO 141407 ACCOUNT NO 50r-i 50 DESCRIPTION 1403/0FDINANCE No. 7 A TIMES ( in 1 INCHES (7- 4k t o 88 ci TOTAL 7 1 . PSOTOCIE 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 AFF110AVUT (_-)Y APUDIL,110Alri110,05 ORDINANCE NO 3037 AN ORDINANCE relating to zoning and changing the class -nahon sf certain real property within the City of Pasco from RT (Residential Transition) to C 1 (Retail Business) THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR DAIN AS FOLLOWS Section 1 That the zone classification of the follow ing described real property situated in Pasco Franklin County Washington to wit That portion of the northeast quarter of the northeast quarter of Sec tion 18 Township 9 North Range 29 East W M lying north and east of the Franklin County Irrigation District No 1 canal right of way and southerly of the following described line Commencing at the northeast corner of said Section 18 thence south 2 degrees 25 38 west along the east line thereof for 734 76 feet to the true point of beginning of the follow ing described line Thence north 87 degrees 34 22 west for 330 64 feet to the easterly right of-way margin of the Franklin County Irrigation District No 1 canal and the termi- nus of said described line NANCE DEPT EXCEPT Road 100 right of way on the east and EX CEPT that portion con veyed to the State of Washington by judgement and Decree of appropn ation dated January 24 1983 filed in Superior Court under Cause No SC 26788 as depicted in the map at tached hereto and identi- fied as Exhibit 1 be and the same is hereby changed from RT (Resi- dential Transition) to C 1 (Retail Business) Section 2 That any and all zoning maps be and are hereby amended to con form 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 Coun cil of the City of Pasco this 1st of August 1994 -s Joyce DeFelice Mayor Attest -s Catherine D Seaman Deputy City Clerk Approved As To Form -s Greg A Rubstello City Attorney #1403 - 8/7/94 COUNTY OF BENTON SS STATE OF WASHINGTON CARLA AL FORD , being duly sworn, deposes and says, I am the Legal Clerk of the Tri-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 140 7/ ORD I NANCE NO. 7.'077 A 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 CIE /117/•--4,-1 , and ending on cr,/07/c-3 41- , and that said newspaper was regulary distributed to its subscribers during all of this period oi o 88‘cr < TRANSACTION REPORT > 08-02-1994(TUE) 09 08 [ -I- PR A NJ sr 1 I -I- ] NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 4237 8-02 09 05 15095821453 7 0 0 02 53 NORM E OK 7 0°02 53 AGENDA REPORT NO. 83 FOR: City Council DATE 7/27//94 TO: Gary Crutchfieltr ity anager WORKSHOP Richard J Smith, P rector REGULAR 8/1/94 Commuruty and Economic Development FROM: David I McDorgdkIty Planner SUBJECT - REZONE RT TO C-1 Directly north of the Irrigation Canal and west of Road 100 (MF #94-50-Z) I. REFERENCE(S)- A Report to Planning Commission dated 7/21/94 B Planning Commission Minutes dated 7/21/94 C Proposed Rezone Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS MOTION: I move to adopt Ordinance No , granting a rezone from RT to C- 1, as recommended by the Planning Commission III. FISCAL IMPACT: NONE IV HISTORY AND FACTS BRIEF. A On July 21, 1994, the Planning Commission conducted a public hearing to determine whether or not to recommend a rezone 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 (a) REPORT TO PLANNING COMMISSION MASTER FILE NO 94-50-Z HEARING DATE 7/21/94 APPLICANT Gordon Keyes 3917 South Auburn Street Kennewick WA 99336 B ACKGROUND REQUEST Rezone RT (Residential Transition) to C-1 (Retail Business) 1 PROPERTY DESCRIPTION Legal "Keyes site" That portion of the northeast quarter of the northeast quarter of Section 18, Township 9 North, Range 29 East W M lying north and east of the Franklin County Irrigation District No 1 canal right-of-way and southerly of the following described line commencing at the northeast corner of said Section 18, thence south 2 degrees 25 38" west along the east line there of, for 734 76' to the true point of beginning of the following descried line thence north 87 degrees 34' 22" west for 330 64' to the easterly right-of-way margin of the Franklin County Irrigation District No 1 canal and the terminus of said desciibed line EXCEPT Road 100 right-of-way on the east and EXCEPT that portion conveyed to the State of Washington by judgment and Decree of Appropriation dated January 24, 1983, in Franklin County Superior Court under cause No SC 26788 General Location West of Road 100 and directly north of the Franklin County Irrigation District #1 canal Property Size 5+ acres 2 ACCESS The site has access from Rd 100 3 UTILITIES Municipal water will have to be extended southerly approximately 1/8 of a mile from the eastern side of Rd 100 The city is currently constructing a sewer line along the irrigation canal from Rd 36 to Rd 100 which will make municipal sewer available to the site 4 LAND USE AND ZONING The property is currently zoned RT (Residential Transition) and is vacant as is the property to the east The property to the north is zoned C-1-D (Designated Shopping Center) and the land to the northeast is zoned C-1 (Retail Business) The unincoporated properties to the south and west are zoned C-1 (Commercial) by Franklin County Land use of the surrounding properties is as follows North- Vacant South- Farmland/Residences East- Farmland West- Vacant/Farmland (potato production) (potatoe- Republican spelling) 5 COMPREHENSIVE PLAN The comprehensive plan designates all the properties within the city west of Rd 100 between the Freeway and the Irrigation canal as commercial Policy 2 4 of the Commerce element encourages guiding business developments to areas appropriate for the anticipated land uses 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 site is currently vacant and surrounded by either farmland or vacant land The properties to the north, northeast, south and west are commercially zoned by the City of Pasco and Franklin county The site is only five acres in size and considenng the minimum lot size of the RT zone is 5 acres, only one home could be built under the current zoning The RT zone was applied to the 1-182 corridor when it was annexed in 1982 to act as a holding zone until utilities were available to the site Recent expenditures by the city and local property owners through LIDs will bring municipal services to the site by late 1994 or early 1995 These improvements will allow this site to utilize the Rd 100 frontage as intended in the Comprehensive Plan If the site was developed as currently zoned, which is unlikely, the residence could create compatibility problems for the surrounding commercial uses Also the irregular shape, limits if not prohibits using the site for agricultural production One concern associated with rezoning the property to C-1 is the potential for several ingress/egress points which would reduce the efficiency of Rd 100 Due to the depth of the property versus the frontage, the site will require one main access road to serve the developments if they are smaller in nature, development of one or two uses on the site to utilize the frontage or developing this property in conjunction with the property to the north Regardless of the size/type of development the municipal code empowers the Community Development Director to determine access points and spacing on arterials to ensure the intended function is served FINDINGS OF FACT The Planning Commission must make findings of fact relating to consistency Nvith 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 general policies and the land designations of the Comprehensive Plan This proposal will have a positive effect on the surrounding properties because this will allow the site to be developed and utilize the access provided by Rd 100 and the freeway interchange as envisioned when constructed The proposal has ment in that it will facilitate the development of a vacant irregular shaped property which has limited potential for other land uses due to the shape The proposal is compatible with surrounding and potential land and considering the canal acts to separate the commercially designated properties from the residentially designated properties land use compatibility should not be a problem A Concomitant Agreement is not necessary due to the transitions provided for in the Comprehensive plan and the fact the irrigation canal acts to separate the properties on either side of the canal Considering this proposal • Is consistent with the Comprehensive Plan, • Is located adjacent to Rd 100 and is in close proximity to the Rd 100/1-182 interchange, • Would allow the utilization of a parcel which has limited potential under current zoning due to the irregular shape, Staff recommends the property be rezoned from RT (Residential Transition) to C-1(Retail Business) RECOMMENDATION MOTION I move, based on the findings of fact as stated, the Planning Commission recommend the City Council rezone the "Keyes site" from RT to C-1 ITEM'. APPLICANT: GORDON KEYES FILE #: 94-50-Z C REZONE R-T to C-1 (west of Road 100 directly north of Franklin County Irrigation District #1 Canal (MF #94-50-Z) Staff stated that notice had been published in the Tri-City Herald and owners within 300 feet of the site had been notified of this hearing Staff also stated there was one visit made to the office from a gentlemen requesting zoning information for surrounding land uses and another telephone call from a lady who is concerned about the expansion of the commercial zone in the area and stated she would be present at the meeting Staff explained the proposal was to rezone a 5 acre Irregular shaped piece of property directly north of the irrigation canal and directly west of Road 100 from R-T to C-1 Staff explained the zoning and surrounding land uses The comprehensive plan which was established in 1992 designated this property as well as all properties between the irrigation canal and freeway interchange as commercial Staff also stated that the sewer system was being expanded into the I- 182 area and would be located directly across Road 100 horn this site and water is being expanded in the area and would be located approximately one-eighth of a mile from this site Acting Chairman Chamberlin opened the public hearing by asking if there was anyone present who wished to speak in favor of this proposal? Gordon Keyes, applicant, was present to speak in favor of this proposal Mr Keyes stated he wished to bring the zoning into conformity with the surrounding properties and felt the time was right for development in the 182 corridor He stated he was present to address any questions related to this matter Acting Chairman Chamberlin asked if there was anyone else who wished to speak in favor of this proposal? None were present Acting Chairman Chamberlin asked if there was anyone present who wished to speak against this proposal? PAGE 8 , Cathy Thompson, 10116 10305 Maple Drive, was present to speak against this proposal Ms Thompson had questions as to what type of uses could be permitted in the C-1 type zone Staff explained the permitted uses in the C-1 zoning district Julian Lundngan, 10121 Maple Drive, presented a petition to the Planning Commission in opposition to the proposed rezone Ms Lundngan stated that when they purchased their property they bought rural property and did not want to have urban type surroundings Ms Lundngan stated this came to be a surprise that the property directly north of her in Franklin County was zoned commercially and she vowed the residents would fight to get this zoning over turned She asked if there were any other zoning district between residential transition and commercial which could provide a buffer to the residents to the south'? Staff stated there were other zonings districts between Residential Transition and Commercial, but the properties in question were separated by a manmade irrigation canal and a distance of 300 feet The question of buffering this site from the residents in question was a mute point because commercial zoning exists between this site and the residences The people speaking in opposition to the proposal started speaking as a group rather than as an individual and generally expressed concerns for the character of the area drastically changing and the concerns related to the existing commercial zoning in the county Staff explained the zoning of the county property was a matter that should be addressed by the Franklin County Planning Department and these changes have been planned for and were consist with the plans of the City of Pasco Staff stated that the rural character of the Riverview area was severely impacted by the construction of the six-lane freeway with the interchange in the area Staff also explained that some of the unincorporated properties directly west of this site had preliminary plat approval for 13,000 square foot lots which themselves were urban in nature and once again was another indication that the area was converting rather than remaining rural in nature PAGE 9 Mrs Thompson stated that rezoning this five acre parcel would drastically increase foot traffic which would pass by her house and if the property remained with its current zoning, it would act as a buffer, and therefore, the Riverview residents would not go to the commercial properties down the Road 100 corridor She stated that the development that is there now in the county and specifically, Wilson's Addition, will create the traffic problems both vehicular and pedestrian if this property is rezoned to commercial The residents also expressed concern for the commercial development separating the residential area from the bike path and some of the recreational opportunities north of the freeway After some further discussion by staff and members of the audience and Planning Commission as to changes in rural character in the area Commissioner Smurthwaite moved seconded by Commissioner Dunn that the "Keyes site" be rezoned from R-T to C-1 The vote was unanimous Staff stated the appeal process for all present There being no further business coming before the Planning Commission at this, Commissioner Dunn moved seconded by Commissioner Smurthwaite that the meeting be adjourned, the vote was unanimous The meeting adjourned at 9 24 p m David I McDonald, Secretary Pasco City Planning Commission PAGE 10 ORDINANCE NO. AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from RT (Residential Transistion) 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 That portion of the northeast quarter of the northeast quarter of Section 18, Township 9 North, Range 29 East W M lying north and east of the Franklin County Irngation District No 1 canal right-of-way and southerlt of the following described line Commencing at the northeast corner of said Section 18, thence south 2 degrees 25' 38" west along the east line thereof, for 734 76 feet to the true point of beginning of the following described line Thence north 87 degrees 34' 22" wst for 330 64 feet to the easterly right-of-way margin of the Franklin County Irrigation District No 1 canal and the terminus of said described line EXCEPT Road 100 right-of-way on the east asnd EXCEPT that portion conveyed to the State of Washington by judgement and Decree of appropriation dated January 24, 1983, filed in Superior Court under Cause No SC 26788 as depicted in the map attached hereto and identified as Exhibit "1", be and the same is hereby changed from RT (Residential Transistion) 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 of 1994 Joyce DeFelice, Mayor AllEST Catherine Seaman, Deputy City Clerk APPROVED AS TO FORM Greg Rubstello, City Attorney C44, VICINITY MAP I, .9: -r Site 4 it,4* 4404 44A474% 4ht.$ 41fr* 441 \ V • 4#4 41* \414#44%t *44, 4,, 00: . k ***P \s'\ 2 SHORT ?LAI 79-17