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Home My WebLink About3039 Ordinancenne Seaman, ArlEST ath APP I e • City Attorn Felice, Mayor eputy City Clerk ORDINANCE NO. 3Q39 AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from R-2 (Medium Density Residential) to I-1 (Light Industrial) with a concomitant agreement 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 Lots 6-8, Block 2 Fann's Addition as depicted in the map attached hereto and identified as Exhibit "1", be and the same is hereby changed from R-2 (Medium Density Residential) to I-1 (Light Industrial) , as conditioned by concomitant zoning agreement which is attached hereto and is identified as Exhibit "2" 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 ACT.C5-1- 1994 . saasaa v 0 L0353 PG 0 936 CONCOMITANT ZONING AGREEMENT WHEREAS, the City of Pasco, Washington, a non-charter code city, under the laws of the State of Washington (Chapter 35A.63 R.C.W. and Article 11, Section 11 of the Washington State Constitution) has authority to enact laws and enter into agreements to promote the health, safety and welfare of its citizens, and thereby control the use and development of property within its jurisdiction; and WHEREAS, the Owner(s) of certain property have applied for a rezone of such property described below within the City's jurisdiction; and WHEREAS, the City pursuant to R. C. W. 43.12(c), the State Environmental Policy Act, should mitigate any adverse impacts which might result because of the proposed rezone; and WHEREAS, the City of Pasco and the Owner(s) are both interested in compliance with the Pasco Municipal Code provisions relating to the use and development of property situated in the City of Pasco, described as follows: (SEE PAGE 2, #5, LEGAL DESCRIPTION) WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to insure compliance with the Pasco Zoning Code, and all other local, state and federal laws relating to the use and development of the above described property; and WHEREAS, the City, in addition to civil and criminal sanctions available by law, desires to enforce the rights and interests of the public by this concomitant agreement; NOW, THEREFORE, In the event the above-described property is rezoned by the City of Pasco to I-1 (Light Industrial) and in consideration of that event should it occur, and subject to the terms and conditions hereinafter stated, the applicant does hereby covenant and agree as follows: 1) The Owner(s) promise to comply with all of the terms of the agreement in the event the City, as full consideration herein grants a rezone on the above-described property. 2) The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement. CONCOMITANT ZONING AGREEMENT PAGE 1 OF 3 RECORnrn A , l;-- REG', i C (1/41-y 04 -P Q C C° '94 S7V4iSh1.6 ZONC G „ If NH !T , FRANK_L'q 011t., t t' ri rip DEPIITY (--(--(--40.• L'(--.-4------- 512611.8 Owners: s pie v 0 10353 P 6 0937 522618 3) This agreement shall be binding on their heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described. 4. Conditions: I. The following uses are prohibited: A. Electrical Central Power Stations B. Laboratories - Experimental C. Foundry casting non-ferrous metals or electrical foundry not causing noxious fumes or odors D. Manufacturing, compounding, processing, packaging of cosmetics, pharmacology and food products and reducing and refining fats and oils. II. Driveways shall be prohibited on "A" Street 5. Legal Description: Lots 6-8, Block 2, Fann's Addition The person(s) whose names are subscribed here do hereby certify that they are the sole holders of fee simple inter t in the above-described property: 4_)x-J'F:kr_7e4) STATE OF WASHINGTON) ) ss. County of Franklin ) On this day personally appeared before me 0 / to me known to be the individual(s) who executed the within and foregoing instrument on the lines above heir/his typed names and acknowledged they they/he signed the ee/Aeli,) as their/his free and voluntary act and deed for the use and purposes therein mentioned. CONCOMITANT ZONING AGREEMENT PAGE 2 OF 3 52.3611.8 - Nota Pub ic 1 d for the cr 2 of Was ington, residing at -sc ,/tae 0 STATE OF WASHINGTON) ) ss. County of Franklin ) V 0 10353 PG0938 52.3618 Given under my hand and official seal this /'day of , 1994. $ 1, : C.. :: $4.•t Tile agent of the corporation whose name is subscribed hereIn---Eloes hereby certify that the corporation is the sole holder of fee simple interest in the above-described property, On this day personally appeared before me A-t A r? to me known to be the cAk&sr,-/PA.)/- of the corporation that executed the within and foregoing instrument, and acknowledged that said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and on oath stated that he was authorized to execute said instrument. Given under my hand and official seal this /c,`'1-4- day of 1994 SLI AO; IA/ - Nota y Pubirc in and for the tate of Wa ington, residing at 2orrir7uS.Stot% 6,e-yo1 E S 9 -/g 9S- CONCOMITANT ZONING AGREEMENT PAGE 3 OF 3 zaasas 11_2411111 ,41en rffi mi l l i11111 1 1 1 1 1 11 Hoo r FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301 August 17, 1994 Tn-City Herald P 0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 3039, 3041, 3043, 3044 and 3045 on the following date August 21, 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 State of Wash- Note public in and for the WA ington, residing at F'ASCO \0N Expi _ 01 A 8 ) PEJ k-N° g c>,4) , _ OF WA S'. COMMISSION EXPIRES DATE 00/21/94 LEGAL NO # i 500 _PO BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 &ROLL LADVE27001100 INVOICE SOLDTO PASCO, CITY OF LEGALS F.O. BOX 293 PASCO WA 99701 ACCOUNT NO 5C)5 DESCRIPTION 1 icic) ORDINANCE NO . o3 A TIMES 001 INCHES 4 .7o TOTA& 46.24 L,00111CfE 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 AFFEJAKY OF puouvainco COUNTY OF BENTON SS STATE OF WASHINGTON CARLA ALFORD , 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 1c;00 ORD I NANCF NO . 7079 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 ___(,a/21 , and ending on OR/P1 P7411 , and that said newspaper was regulary distributed to its subscribers during all of this period (1:-YUgggli gRIN AUG 2 9 1994 NCE DEPT ORDINA ICE W. 3039 AN ORD NANCE t elating to zoning and changing the classification of certain real property within the City of Pasco from R 2 (Medium , Density Residential) to 1-1 (Light Industrial) with - a concomitant agreement THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS Section 1 That the zone classification of the follow- ing described real property, situated in Pasco Franklin' County Washington to-wit Lots 6 6 Block 2 Fenn s Addition as depicted in the map at- tached hereto and identi tied as Exhibit 1 be and the same is hereby changed from R-2 (Medium Density Residential) to I 1 (Light Industrial) as condi - tioned by concomitant zon mg agreement which is at- tached hereto and is identified as Exhibit 2 Section2 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 15 of August 1994 s- Joyce DeFellCe Mayor Attest s- Catherine Seaman Deputy City Clerk Approved as to form s- Greg Rubstello City Attorney #1500 (2&A-6t., SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF AVG < TRANSACTION REPORT > 08-17-1994(WED) 09 15 C -I- F=2 •n% NJ S r-i I --1- 3 NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 4393 8-17 09 09 15095821453 15 0 0 05 56 NORM E OK 15 0°05 56 .? AGENDA REPORT NO 86 FOR City Council f DATE 8/11//94 TO Gary Crutchfiel Richard J Smit , sire anager Regular or 8/15/94 Community and !Economic Development FROM David 11ADiritalch—Gity Planner SUBJECT REZONE R-2 to I-1 Western Materials (MF #94-48-Z) I REFERENCE(S) A Report to Planning Commission dated 7/21/94 B Planning Commission Minutes dated 7/21/94 C Appeal Petition D Proposed Rezone Ordinance with Concomitant Agreement II ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS Conduct of Public Hearing MOTION I move to adopt Ordinance No granting a rezone from R-2 to I-1 with a concomitant agreement III FISCAL IMPACT. NONE IV HISTORY AND FACTS BRIEF. A At the last regular Planning Commission held on July 21, 1994, the Planning Commission considered a request to rezone three lots in the Fann's Addition on "A" Street between Fourth Avenue and Fifth Avenue from R-2 (Medium Density Residential) to I-1 (Light Industrial) B The Planning Commission recommended the property in question be rezoned from R-2 to I-1 As a result of that recommendation, an adjoining property owner obtained enough signatures to submit a valid appeal of the Planning Commission's decision The City Council set Monday, August 15, 1994 as the date to consider this appeal V DISCUSSION In rendering the recommendation, the Planning Commission consider the following a The property is located between an arterial (truck route) street and an industrially zoned lumber yard b Western Materials has operated in the neighborhood for more than 40 years and has been a good neighbor This was attested to by one of the adjoining property owners c A rezone of the property would replace a nonviable residential zoning designation with a realistic zoning designation d A rezone of the property would potentially allow expansion of a well established Pasco business e Policies of the comprehensive plan support the rezone Adjoining property owners appealed the Planning Commission's recommendation because of concerns related to the loss of parking on an adjoining lot, increased noise, decrease in property value, and concern over use of an alley The Council has the option of accepting the Planning Commission's recommendation to rezone the property from R-2 to I-I with conditions, rezoning to a less intensive zoning district or leaving the property as it is with R-2 zoning Staff would recommend the property be rezoned to I-1 with a concomitant agreement 1 REPORT TO PLANNING COMMISSION MASTER FILE NO 94-48-Z APPLICANT Western Materials HEARING DATE 7/21/94 317 South 5th Avenue Pasco WA 99301 BACKGROUND REQUEST Rezone from R-2 (Medium Density Residential) to I -1 (Light Industrial) 1 PROPERTY DESCRIPTION Legal Lots 6-8, Block 2, Fann's Addition General Location Between 16 West "A" Street and 19 West "A" Street Property Size 173' of frontage on "A" Street and depths ranging from 89' to 120' Approximate property size 18,078 sq ft 2 ACCESS The site has access from "A" Street 3 UTILITIES All municipal utilities are available to the site 4 LAND USE AND ZONING The property is currently zoned R-2 and contains 3 vacant lots The property to the north is zoned I-1 (Light Industrial) and the properties to the south, east and west are zoned R-2 (Medium Density Residential) Land use of the surrounding properties is as follows North- Western Materials storage yard South- Residences East- Residences West- Residences 5 COMPREHENSIVE PLAN The Comprehensive Plan designates this area as the Commercial as are all properties north of "A" Street between 1st Avenue and 20th Avenue Policy 3 1 of the Commerce element encourages the concentrated expansion of various industries and Policy 2 4 states the importance of guiding developments to appropriate locations for the anticipated uses Policy 2 2 of the Residential Plan encourages conversion of non-viable residential properties to better suited 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 directly south of the existing Western Materials storage yard and located on "A" Street The Comprehensive Plan designates the area north of "A" Street between 1st Avenue and 20th Avenue as commercial The subject properties were onginally developed with railroad housing for the workers associated with the railroads, however over time the structures were eliminated through fire or condemnation Due to the arterial location and the negative impact arterial traffic has on residential uses and/or for other reasons these structures were not replaced Considering the surrounding conditions, the minimal amount of residential reinvestment in the area, the availability of vacant in the area and the arterial location redeveloping the site as currently zoning is very unlikely Policy 2 2 of the Residential Plan encourages conversion of non -viable residential properties to better suited uses which this rezone would accomplish 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 and the land uses designations of the plan This proposal should not have a negative impact on the surrounding properties since it would allow expansion of an established land use (40+ years at this location) This rezone has merit because an established commercial/industrial use A,vill be allowed to expand Considering the comprehensive plan designations, the arterial location and the surrounding uses this proposed rezone would remove a non -viable residential zoning designation and replace it with a realistic zoning designation Some of the perrrutted uses in the I -1 zoning district could create compatibility problems with the surrounding properties Although the municipal code has controls over landscaping and screening to help address compatibility problems, some land uses may still prove to be incompatible As a result a Concomitant Agreement appears necessary Considering this proposal • Allows an established use, of over 40 years to expand in an area designated for such uses, • Replaces a non -viable zoning designation with a viable and realistic designation, • Compatibility problems should not be an issue provided, a concomitant agreement is utilized, Staff recommends the property be rezoned from R-2 to I-1 with land use conditions prohibiting the following uses (5) Electrical central power stations, (6) Laboratories - experimental, (10) Foundry casting nonferrous metals or electric foundry not causing noxious fumes or odors, (11) Manufacturing, compounding, pharmacology and food products and reducing and refining fats and oils. RECOMMENDATION MOTION I move, based on the findings of fact as stated, the Planning Commission recommend the City Council rezone Lots 6 -8, Block 2, Fann 's Addition from R -2 to I -1 with a concomitant agreement prohibiting, (5) Electrical central power stations, (6) Laboratories - experimental, (10) Foundry casting nonferrOus 'metals or electric foundry not causing noxious fumes or odors, (11) Manufacturing, compounding, pharmacology and food products and reducing and refining fats and oils. VICINITY MAP ITEM: REZONE: R-2 to I-1 APPLICANT: WESTERN MATERIALS FILE#: 94-48-Z PLANNING COMMISSION MINUTES The July 21, 1994 special meeting of the Planning Commission was called to order at 7 00 p m, by Acting Chairman Robert Chamberlin MEMBERS PRESENT MEMBERS ABSENT (excused) Robert Chamberlin, Acting James Hay June Smurthwaite Ray Dunn Eileen Crawford APPROVAL OF MINUTES Chairman Leonard Dietrich, Chairman (out of town) Linda Sue Williams (out of town) Ron Malachi ( just out of hospital) Ron Mabry (conflicting meetings) Acting Chairman Chamberlin asked if there were any additions or corrections to the minutes of June 9,1994 9 Commissioner Smurthwaite requested a correction be made to the minutes to indicate she was not present at the meeting After this correction was made, Commissioner Hay moved seconded by Commissioner Dunn that the minutes be approved as corrected The vote was unanimous PUBLIC HEARINGS A REZONE R-2 (Medium Density Residential) to I-1 (Light Industrial) (South of Western Material Site on "A" Street) (MF #94-48-Z) Staff stated notice was published in the Tn-City Herald and property owners within 300 feet of the site had been notified of this hearing Staff did receive two telephone calls on this matter, both from individuals wondering why they had received public hearing notices Staff explained the zoning and the surrounding land use for the benefit of the Planning Commission and the fact that this area has been designated as commercial since the 1980's PAGE 1 Staff pointed out Western Materials had been in this location for over forty years and the comprehensive plan supported the expansion of established uses Staff also explained since the property was currently vacant, redevelopment for residential uses was very unlikely considering the arterial frontage Staff did recommend the property be rezoned to I-1 with a concomitant agreement prohibiting certain uses which could be incompatible for the surrounding neighborhood Acting Chamberlin opened the public hearing by asking if there was anyone who wished to speak in favor of this proposal? Stan Martinkus, President, Western Materials, was present to speak in favor of this rezone request Mr Martinkus explained that Western Materials had been at this location since 1954 and was looking to expand Recently, Western Materials had purchased the property on which they are located from Burlington Northern Railroad which is another step to insure their long term stability in the area He stated Western Materials has been a good neighbor for 40 years at this location and this is the only direction Western Materials could expand Acting Chairman Chamberlin asked if there was anyone 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? Phyllis Fairbanks, 16 West "A" was present to speak against this proposal Ms Fairbanks stated her house was recently rehabilitated with H U D funds and she had put some money back into her home and did not want to see the value of her home decreased Ms Fairbanks also stated this would negatively affect her parking situation and she I would have to find another location She felt it was wrong for this ' property owner to come in and change things in her neighborhood Lorettta Smith, 19 West "A" Street was present to speak against this proposal Ms Smith also stated that it was wrong to rezone this , property Ms Smith stated that if Western Materials wanted to expand , they should move out of town to a location where there is plenty of PAGE 2 land She also stated she did not want the alley access changed and did not want to create a parking problem The resident at 14 West "A" Street was present to speak against this proposal She stated that she did not want to see the parking taken away on the alley and was against this proposal Staff explained two or three issues which were being heard by the Planning Commission this evening, yet, the rezone was the only matter of discussion Staff explained that the property was originally owned by the railroad any alley or easement was unrecorded was created the access conflict Also complicating this further was the expansion of Fourth Avenue and the removal of on-street parking The alley had recently been recently reconfigured and residents in the area were concerned their access would be eliminated After some further discussion, it was also discovered that the parking spaces which Ms Fairbanks utilized was on private property and in fact she had been parking on this private property all these years Staff explained, even without the rezone, the property owner could fence the property including the access to "Ms Fairbanks parking lot " The other issue was the expansion of "A" Street, the removal of on-street parking and the feeling that the city was obligated to provide parking for these residents when the configuration of "A" Street was changed Staff also explained that ownership of the homes in the area was complicated due to the fact they were originally owned by the railroad and half the site is on railroad property and half site is on the individual lots in the Fann's Addition After clarifying the issues which were clouding the rezone request, Acting Chairman Chamberlin closed this portion of the public hearing opened the floor for questions from the Commissioners, applicant and staff Commissioner Dunn questioned staff regarding the parking situation to be sure that he understood the Fairbanks/Perkin's situation Staff explained that according to Ms Fairbanks' testimony, she was parking on property she did not own and did not want this changed PAGE 3 Commissioner Smurthwaite questioned staff concerning access on to "A" Street especially with large semi type trucks Staff stated this is a valid concern and if the Planning Commission felt this way this could be included in the concomitant agreement Mr Martinkus, Western Materials, explained the long-term intentions for the expansion of Western Materials and how this would affect the neighboring properties Acting Chairman Chamberlin restated the issue before the Planning Commission being the rezoning of Lot 6, 7, 8, Block 2, Fann's Addition and not the concern of "A" Street or the relocation of the alley Commissioner Crawford asked if the owners of 20 and 21 West "A" Street were notified since this would affect their property'? She also stated there appeared to be some improvements being made to the homes in the area and questioned the expansion of a commercial use Commissioner Crawford moved this item be tabled until the next meeting so that the Planning Commission could view this particular area Commissioner Dunn questioned how the tabling this issue until the next month would affect the rezone'? Commissioner Crawford stated that her recent trip to the area ' showed improvements were made to the residences in the area and this should not be ignored Mr Martinkus stated that the homes had made some significant investments, but Western Materials had also made significant investments and improvements to the property on which they are located and this should not be overlooked by the City of Pasco Ms Smith stated she was considering selling her property in two years and was worried about this rezoning decreasing the value of her property Mr Martinkus stated if the properties west of the vacant lots were to come up for sale, Western Materials would be highly interested in those properties PAGE 4 Ms Smith stated that Western Materials had been a good neighbor over the years Commissioner Dunn questioned the applicant as to the noise concern which was brought up by one of the neighbors Mr Martinkus stated that typically they are closed at 5 00 p m and opened in the mornings between 6 00 a m and 7 00 a m (these are weekday hours of operation) Ms Smith confirmed the time frame of operation which Mr Martinkus stated Commissioner Smurthwaite questioned staff about appropriate wording for limiting access on to "A" street and how it should be contained within the concomitant agreement? Staff provided Commissioner Smurthwaite with some model wording Commissioner Hay stated the findings of fact for the benefit of the Planning Commission and members of the audience Commissioner Smurthwaite moved seconded by Commissioner Hay based on the findings of fact as stated that the Planning Commission recommend the City Council rezone Lots 6-8, Block 2, Fann's Addition from R-2 to I-1 with a concomitant agreement prohibiting electrical central power stations, laboratories - experimental, foundry casting non-ferrous metals or electrical foundry not causing noxious fumes or odors, manufacturing, compounding, processing, packaging of cosmetics, pharmacology and food products and reducing and refining fats and oils and also no access be permitted on to "A" street The vote was unanimous Staff stated the appeal process for all present B SPECIAL PERMIT Soccer Field Complex Southeast of TRAC South of Burden Road (MF #94-47-SP) Staff explained notice had been published in the Tr-City Herald and property owners within 300 feet of the site had been notified of this hearing PAGE 5 RECEIVED JUL 2 7 1994 COMMUNI 1 lityLLui IvicNI DE11 July 27, 1994 We, the property owners at FANNS ADDITION LOTS & GRAYS AMMENDED LOTS are filing a written appeal on the Planning Commission's recommendation and bearing the signatures of, at least, 20% of the owners on record with property within three hundred feet of the property proposed for reclassification Lots 6,7 & 8 ------------ Our reasons- _ _ 1)Lot 6 has been an easement in excess of twenty five years, in which time, our neighborhood, City of Pasco and Pasco police have all used this area for travel and parking. The City of Pasco has also made a curb with a driveway, gravelled the easement, maintained and cleared up the weeds on request. When asked -about parking, .the Planning-Corn- mission has informed me that I have to park in my back yard. I aftC - disabled, making the walk from my car to my front door that much fai- ------- ------------- ther for me. The view from either side of the alley is being blodked - off, and with the high crime rate being what it is in the area, it - - - - - - - - — - - - - - - - - - - - - - - - - - - - - - - - - - - — - - - - — - - - - - - - would be a very unsafe alternative. 2)Having industry in our neighborhood will not be good for our property --V_ value. Since HUD had loaned me the money to raise my house value, I - - - - - - --------- - - - consider this as misuse of tax payers money to devalue my property. The owners on 19 West "A" Street also got a HUD loan. 3)Please read your State of Washington Department of Ecology Model Noise Ordinance. 4)The alley, which has been used for travel since these homes were first constucted in early 1900's, is being blocked off. The neighbor- hood, Pasco police, City of Pasco, Basin Disposal Inc. have all used ^ this alley for travel. z-}x? - - _ _ _ _2t i- _ gi _S ez-- _ ••• 41111, °P•4.1 "464 Oa ,