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Home My WebLink About3058 Ordinance - RecordedeFelice, Mayor ATTEST?," ca\ ...° . .. ` ..... / 0 '0\0, '•ip \ * Catheite,,-,ar'a A APPR t 1,1ertl" • i1jClrk • P 51545S vol:0 3 5 7 PG0 8 6 7 ORDINANCE NO. 30373 AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from C-3/I-1 with a Concomitant Agreement/RMH-2 (General Business/ Light Industrial/ Mobile Home Park) to I-1 (Light Industrial) 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 All those portions of Sections 21 and 28, Township 9 North, Range 30 East W M lying northerly of State Highway No 395/ 12, and Lot 16, Block 5, Columbia East #3 and the southeast quarter of the northeast quarter of the northeast quarter of Section 20, Township 9 North, Range 30 East W M and that portion of the northeast quarter of Section 20, Township 9 North, Range 30 East W M described as follows Beginning at the northeast corner of said Section 20, thence south 00 0 18' west a distance of 541 21 feet to the true Point Of Beginning, thence continuing south 00 0 18' west a distance of 120 feet, thence north 89° 07' west a distance of 223 32 feet, thence north 29° 15' east a distance of 195 97 feet, thence south 67° 00' east a distance of 139 23 feet to the Point Of Beginning, EXCEPT Lots 13-15, Block 5, Columbia East #3 and Roads as depicted in the map attached hereto and identified as Exhibit "1", be and the same is hereby changed from C-34-1 with a Concomitant Agreement/RMH-2 (General Business/ Light Industrial/ Mobile Home Park) to I-1 (Light Industrial) 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 NO0 1994 RECORn r,-;\, r t r *94 9I -9 RIO 56 51,54BS 71,W. - 1_17-_' `\ 1 FRANKLIR , T,9,13-‘1•tytk"`A/''Q- tAW\ 52,54BS CITY LIMITS v 0 L0357 PG0868 51.54B3 EXHIBIT NO. 1 GRACE DUMP . - .....v.‹. ,..--- ..i.3, % ...... ...'-, ........ .... /... ....!.. ........ .....,. .....,...."' ....=. /I."' .,.. • ..., .i., ..."".. -...T.,', ....." .,,... ../.....,... -.C...........; 1.--;... ....... ..... -... ,...'-.... 7,,,,,,,.% Toe- ....,...... ,,... 7./...-... ./.... i"-...-.... 1—•••• \ ...% !.... ...,- ...... ../.... S.:, --'.... ......i , ........ -,- ........ ,.......,..r.:, "./.. ...,..........,% 51545)3 FINANCE DI PAM MINI (509) 515-3401 / Scm 726 3401 / u, (509) 545-3403 P 0 BOX 293, 112 WI Sf ( LARK PASCO, NVA‘11-11NC ION 09301 Novembei 8, 1994 Tri-C)ty Herald P 0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 3056-3058 on the followin date Please send two (2) Affidavits of Publication for each Thank you, Catheimc D Seaman Deputy City Clcik 545-3402 c cls * No attachments or maps included ior) P .se_vrq- .00 00. \3_) --Oetobt-r - -9-,- 1994 LEGAL NO #1 377 -40 P 0 BOX 2608 % PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 LIOVEOTOZON ,2 INVOICE DATE 11/1701 94 ACCOUNT NO 50550 DESCRIPTION 1977 ORDINANCE NO . 7:n58 A TIMES 001 INCHES 7 10 TOTAL $ DAY OF Note public in and for the State of Wash- ington, residing at PASCO WA COMMISSION EXPIRES /S--- SOLD TO PASCO, CITY OF LEGALS P.O. BOX 297 30.32 F ASCO WA -4 .9 7.01 RIO -1110E 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 ORDINANCE NO 3058 AN ORDINANCE relating to zoning and changing the class "rthon L certain real properl within the City of Pasco from C-WI-1 with a Concomitant Agreement/ RMH-2 (General Business/ , Light IndustriaVMobile Home Park) to 1-1 (Light industnal) THE crry COUNCIL OF THE CITY OF PASCO WASHINGTON DOES OR- DAIN AS FOLLOWS Section 1 That the zone classification of the following described real property situat- ed in Pasco Franklin County Washington to-wit All those portions of Sections 21 and 28 Township 9 North Range 30 East W M lying northerly of State Highway No 395/12 and Lot 16 Block 5 Columbia East #3 and the southeast quarter of the northeast quarter of the north- east quarter of Section 20 ToWnship 9 North Range 30 East W M and that potion of the northeast quarter of Sec- tion 20 Township 9 North Range 30 East W M de- scribed as follows Beginning at the northeast comer of said Section 20 thence south 00° 18 west a distance of 541 21 feet to the true Point Of Be- ginning thence continuing south 00° 18 west a distance of 120 feet thence north 89° 07 west a distance of 223 32 feet thence north 29° 15 east a distance of 195 97 feet thence south 67° 00 east a distance of 139 23 feet to the Point of Beginning EXCEPT Lots 13-15 Block 5 Colum- bia East #3 and Roads as depicted in the map at tached hereto and identified as Exhibit 1 be and the same is hereby changed from C 3/1-1 with a Concomitant Agreement! RMH-2 (General Business/ Light IndustnaVMo- bile Home Park) to 1-1 (Light Industnal) 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 at its rag ular meeting November 7 11994 -s Joyce DeFelice Mayor Attest -s Catherine D Seaman Deputy City Clerk Approved As To Form -s- Greg A Rubstello City Attorney #1977- 11113/94 AFF1101_3 10,117 PagrilOC‘TV1100 COUNTY OF BENTON SS STATE OF WASHINGTON 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 1977 ORDINANCE NO.. 3058 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 __L___1 / 1:: / 9 4 , and ending on 11 / 1 :./ 734 , and that said newspaper was regulary distributed to its subscribers during all of this period (1,4(Aid,) aq-77riza( SUBSCRIBED AND SWORN BEFORE ME THIS 17 4tV , qg f- < TRANSACT ION REPORT > 11-03-1994(TUE) 09 24 E -1-- F----, INJ 6I 'I I Tr" D NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 5091 11-00 09 20 15005t.21453 10 0°04 OS NORM E OK 10 0°04 OS AGENDA REPORT NO. 100 FOR: City Council DATE 11/3/94 TO: Gary Crutchfield, City Manager WORKSHOP REGULAR 11/7/94 FROM: David I I Do id, Community Development Director SUBJECT: REZONE C-3/I-1 with conditions/RMH-2) to (I-1) Southeast of King City (Robert Tippett) (MF# 94-68-Z) I. REFERENCE(S): A Report to Planning Commission dated 10/201/94 B Planning Commission Minutes dated 10/20/94 C Proposed Rezone Ordinance II. ACTION REOUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move 'to adopt Ordinance No , granting a rezone from C-3/I-1 with conditions/RMH-2 to I-1, as recommended by the Planning Commission III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On October 20 1994, the Planning Commission conducted a public hearing to determine whether or not to recommend a rezone from C-3/I-1 with conditions/RMH- 2 to I-1 for the property described in the attached report B. Following conduct of a public hearing, the Planning Commission reasoned that, it would be appropnate 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 (c ) REPORT TO PLANNING COMMISSION MASTER FILE NO 94-68-Z APPLICANT Robert Tippett, City of HEARING DATE 10/20/94 Pasco, King City Properties 1103 West Sylvester Pasco WA 99301 BACKGROUND REQUEST Rezone C-3/I-1 w/concomitant agreement/RMH-2 (General Business/Mobile Home Park) to I-1 (Light Industrial) 1 PROPERTY DESCRIPTION. Legal Lot 16, Block 5, Columbia East #3 and all that portion of Sections 21 and 28, Township 9 North, Range 30 East W M lying northerly of State Highway No 395/12 (Known as the "TIPPETT SITE") General Location Southeast of "King City", west of the Pasco Sanitary Landfill and north/northeast of Highway 12 Property Size 400+ Acres 2 ACCESS. The site has access from Commercial avenue and Dietrich Rd 3 UTILITIES: Municipal water is located in Commercial Avenue and is available to that portion of the site adjacent to Commercial Avenue and could be made available to the remainder of the site Municipal sewer is not available to the site 4 LAND USE AND ZONING: The site is currently in agricultural production except for the recently constructed onion sheds at the southeast corner The site is zoned C-3 (General Business) I-1 (Light Industrial) with a concomitant agreement and RMH-2 (Mobile Home Park) County zoning of the properties to the north and east is AG (Agriculture) and the property to the northwest is zoned I-1 (Light Industrial) by the City of Pasco The property to the south lying across the highway from this site is zoned C-3 (General Business), R-1 (Low Density Residential) RHM-2 (Mobile Home Park) and RT (Residential Transition) Land use of the surrounding properties is as follows North- Farmland South- Highway 12 East- Pasco Sanitary Landfill/Farmland West- Vacant/King City area developments 5 COMPREHENSIVE PLAN: The Comprehensive Plan designates the entire area as industrial Industrially designated areas are intended for manufacturing and processing of goods and wholesale distribution of goods and equipment Policy 1 5 of the Commerce Element encourages the concentration of similar and like uses for functional and economic reasons Policy 2 4 of the Commerce Element encourages guiding developments to appropriate locations considering the anticipated uses Policy 2 2 of the Residential Element encourages conversion of non-viable residential areas to better suited uses Policy 1 5 of the Residential Element discourages undue concentrations of low-income households, yet this 60+ acre site could accommodate over 850 units and considering the location and surrounding uses the RMH-2 property will not attract huddle/upper income households 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 7 HISTORY: The site was annexed on January 2, 1979 at which time the present zoning was established At that time a development opportunity for a Mobile Home Park to serve migrant farm workers existed, therefore a portion of the site was zoned for Mobile Home Parks in an attempt to attract that development The development did not occur, leaving a large parcel zoned for mobile home parks without a user On February 2, 1981 a portion of the site abutting Commercial Avenue was zoned from C-3 (General Business) to I-1 (Light Industrial) and conditioned by a concomitant agreement requiring conformance to the private covanents CONCLUSION The site lies southeast of the King City area and is directly north of the recent extension of Commercial Avenue and a 16" water line (large capacity) Three onion sheds were constructed on the southeastern portion of the site in 1994 in conjunction with the water and road extensions Until the extension of Commercial Avenue to the intersection of Dietrich Rd development potential was limited due to the distance from the intersection of Hillsboro and Highway 395 The King City area has evolved into the trucking and agriculture sales and service area of the community with most of the area zoned I-1 Land use compatibility has not been a problem in the area due to the similarity of uses The proposal would allow the development of uses which are currently permitted to the northwest of the site and which are consistent which the designations of the Comprehensive Plan The site was annexed in 1979 at which time the current zoning was established The C-3 designation allows uses similar to the industrial district with the major differences being manufacturing activities The C-3 and I-1 zones abut one another throughout the community and have acted to buffer users of different intensities from one another Due to the similarity of uses in the King city area, there are no uses which need buffering from another Highway-12 serves as a buffer for the properties to the south The RMH-2 portion of the site was established to attract a mobile home development This mobile home development did not occur and considering the direction the area has taken, development of the park is not a realty The RMH-2 site is 60+ acres and at a density of one unit per 3,000 sq ft this would accommodate over 870 units This would require the extension of sewer lines to serve the site which is not feasible considering the distance of extensions required Uses currently permitted around the site are not compatible with a medium-high density residential designation Development of the RMH-2 property as currently zoned would create land use compatibility problems for the residential and commercial/industrial properties The Comprehensive Plan designates the area as industrial, meaning this proposal is consistent with the plan The plan also encourages the conversion of non-viable residential districts to better suited uses Considering the industrial designation and the current zoning, developing the RMH-2 property as currently zoned would create land use compatibility problems and requests for services the city and other agencies have no intention of providing to these properties , 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 the land designations of the Comprehensive Plan The proposal will have minimal impacts on surrounding properties because the zoning will be identical Replacement of the RMH-2 district with a I-1 designation will have a positive affect on surrounding properties through elimination of a non-compatible zoning district The proposal has merit because it will provide more development opportunities for the parcel which are similar to the surrounding uses The proposal replaces a unrealistic and incompatible Mobile Home Park zone The proposal does not need special conditions to negate adverse impacts on surrounding properties due to the consistency between the request and the existing zoned A Concomitant Agreement is not necessary because the surrounding properties to the northwest and southwest lying north of the freeway are zoned I-1 (Light Industrial) The uses permitted in the C-3 and I-1 zones are similar in nature and intensity, therefore the proposal does not create a land use compatibility problem Considering this proposal • Is consistent with the Comprehensive Plan, • Allows development opportunities similar to the surrounding properties, • Revises zoning designation established upon annexation when the area was not developed with urban services such as water, sewer and roads, • Replaces an unrealistic RMH-2 zoning designation with a realistic and viable industrial designation, Staff recommends the property be rezoned from C-3 (General Business) I-1 (Light Industrial) with a concomitant agreement and RMH-2 (Mobile Home Park) to I-1 (Light Industrial) RECOMMENDATION MOTION I move, based on the findings of fact as stated, the Planning Commission recommend the City Council rezone the "Tippett site" from C-3/14 with a concomitant agreement/RMH-2 to I-1 ITEM REZONE C-3/RMH-2 to I-1 APPLICANT: ROBERT TIPPETT, CITY OF PASCO, OTHERS ZONING MAP FILE #: 94-68-Z PLANNING COMMISSION MINUTES The October 20, 1994 regular meeting of the Planning Commission was called to order at 7 00 p m, by Chairman Leonard Dietrich MEMBERS PRESENT MEMBERS ABSENT (excused) Leonard Dietrich, Chairman James Hay Linda Sue Williams Ron Malachi Ron Mabry Eileen Crawford Ray Dunn APPROVAL OF MINUTES Bob Chamberlin (excused) June Smurthwaite (excused) Chairman Dietrich asked if there were any additions or corrections to the minutes of September 15, 1994 9 Commissioner Hay moved seconded by Commissioner Williams that the minutes be approved as presented The vote was unanimous PUBLIC HEARINGS A REZONE RMH-2/C-3/I-1 With Concomitant Agreement to I-1 (Southeast of King City) ( MF #94-94-6-Z) Staff stated notice was published in the Tr-City Herald and property owners within 300 feet of the site were notified of this hearing Staff reviewed surrounding land uses and current zoning for the benefit of the Planning Commission Staff explained the recent extension of Commercial Avenue and associated water lines, provided access and municipal services to these properties Staff explained the difference between the permitted uses in the C-3 and I-1 zoning district Because of a possible conflict of interest on this matter, Chairman Dietrich stepped down and removed himself from the room PAGE 1 Acting Chairman Hay opened the public hearing by asking if there was anyone present who wished to speak in favor of the proposal? None were present , Due to circumstances beyond his control the applicant was unable to attend the meeting Acting Chairman Hay asked if there was anyone present who wished to speak against this proposal? None were present Acting Chairman Hay closed this portion of the public hearing Commissioner Williams stated after reviewing the findings of fact this appeared to be appropriate and would be consistent with the surrounding zoning and she supported such a proposal Commissioner Williams moved based upon the findings, seconded by Commissioner Malachi that the Planning Commission recommend the Tippett site be rezoned from RMH-1/C-3/I-1 with concomitant agreement to I-1 , The vote was unanimous Staff explained the appeal process for all present B SPECIAL PERMIT Apartment in a C-1 Zone (202 North Fourth (MF #94-66-SP) Staff stated that notice was published in the Trio-City Herald and property owners within 300 feet of the site had been notified of this hearing Staff explained that Desert Star Electric, a business in downtown Pasco had called with concerns about this proposal related to the lack of off-street parking and the presence of children downtown A gentlemen from Moon Security also called with concerns relating to the lack off-street parking and liabilities associated with children on his property PAGE 2