HomeMy WebLinkAboutHearing Examiner Packet 2019-06-12I.
II.
Ill.
CALL TO ORDER:
PUBLIC HEARINGS:
A. Varian ce
B. Sp ecial Pe rmit
c. Rezone
D . Re zone
ADJOURNMENT:
AGENDA
HEARING EXAMINER MEETING
City Hall -525 North Third Avenue -Council Chambers
WEDNESDAY, JUNE 12, 2019
G:OOPM
Setba ck Varianc e for property located at 802 South 13t h Avenue
(Me la n ie Ca ntu ) (MF# HE 2019-003)
Location of a mini-storage and commercia l fac i litv in a C-1
(Ret ail Bu siness ) Zone (AHBL, Inc.) (MF# SP 2019-004 )
Re zon e fro m C-1 (R e ta il Bus i ness) t o R-1 (Lo w Density
Resid e ntial) (J o hn Kinnaman) (MF# Z 2019-006)
Rezone from R-2 (Med ium Dens ity Resident ial) t o 1-1 (Light
I ndustrial) (Wave De si gn Gro u p) (MF# Z 2019-00 5)
This meeti ng i s bro adcast live on PSC -TV Channe l 19 1 on Charter Ca ble an d streamed at www.pasco-wa.com/psctvlive.
Audio eq u ipment ava ilable for the hearing impaired ; co ntact sta ff for ass istance .
MASTER FILE #:
APPLICANT:
REQUEST:
1. PROPERTY DESCRIPTION:
REPORT TO THE HEARING EXAMINER
City Hall -525 North Third Avenue -Council Chambers
WEDNESDAY, June 12, 2019
6:00 PM
HE 2019-003
Melanie Cantu
802 S 13th Ave
Pasco, WA 99301
VARIANCE : Reduce front setbacks for porch covers
BACKGROUND
Legal : Lot 1 Block 7 Riverside Addition together with the west 10' of vacated 13th Avenue adjacent .
General Location : 802 S 13th Ave (Parcel #112 292 010)
Property Size: 5,249.9 square feet (.12 Acres)
2. ACCESS: The property has access from South 13th Avenue and West A Street.
3. UTILITIES: Municipal water and sewer service are available to the property.
4. LAND USE AND ZONING: The site is zoned R-2 (Medium Density Residential). Surrounding properties
are zoned and developed as follows:
NORTH:
EAST:
SOUTH:
WEST:
C-3
R-2
R-2
C-3
Vacant
Water Treatment Plant
SFDUs
Sales and Shop
ANALYSIS
Applicant is applying for a variance from the setback requirements in the R-2 (Medium Density Residential)
zoning district for two porch cover structures on an existing residential unit.
On January 31, 2019 Applicant was reported for code violations relating to unpermitted construction,
including stucco, roof, remodel, porch covers, new exterior stairs, HVAC, and electrical work at 802 S 13th
Ave (Franklin County Tax Assessor's Parcel #112 292 010). A case was opened by the city and a Notice of Civil
Violation (NCV) sent on February 25, 2019 .
1
Applicant subsequently applied for a building permit (B19 -03 62) which included replacement of a de ck and
a patio cover. The permit was placed on 11Hold" by Staff on March 8, 2019, and again on Ap r il 3, 2019, with
the following notes :
1) Depiction of north property line location not accurate--approx. 9' from structure .
2) 15' min. setback along W "A" St reet.
3) 20' min. setback along 13th Ave.
City of Pa sco's TRAKiT permit tracking system shows a permit obtained in 1980 for sidewalk improvements
(permit #3282), and a reroof permit from May of 2012 (Permit #17324). No permits were obtained between
2012 and the present application.
Acco r ding to the applicant's site plan the proposed deck along West 11A" Street was to extend out 44" towards
the north property line, leaving 12' between the structure and the property line, and the propose d covered
deck along 13th Avenue was to be 95 " deep, leaving 14' between the front property line and the proposed
structure . Both setback measurements were inaccurate o n Applicant's site plan , as follows : the actual se tback
of the existing house to the north property line is approximately 9,' which would leave a setback of
approximate ly 5' along West 11A" Street; the setback along 13th Avenue is approxi mately 23,' with a 95 " deck
leaving approximately 15' of setback along the South 13th Avenue property line.
Setback requirements in the R-2 zoning district are 20' from property lines fronting city streets, except where
two co ntiguous corner lots form the entire frontage between two parallel streets the front yard along the
common flanking street (in thi s case , East 11A 11 Street) is reduced to 15 feet. As such , the setback requirements
for this property are 15' along East 11A" Street and 20' along South 13th Avenue, a discrepancy of 10' and 5'
re spectively.
Staff informed Applicant that the porch covers would be allowed to be rebuilt as long as they were the same
siz e as the originals . Applicant claimed not to kn ow the original patio cover dimens ions.
Ac cording to the Franklin County Appraisal data the house was built in 1940. The hou se was built outside the
current setback requirements and as such is a leg al, nonconform ing use. Pasco Municipal Code (PMC) Section
25 .170.040 describes the City regulation s co nce rning the Continuation of nonconforming uses, as follows:
(1) Ge nerally. Any legal nonconforming use may continue as lon g as it remains otherwise
lawful; and provided, that:
(a) A non conforming use may not be altered or extended during its life exce pt as prov ided
herein ;
Appli cant's petition ha s been interpreted by Staff to be an alteration or extension o f a legal nonconforming
use , and as such, unlawful.
A variance from the strict application of the Zoning regulations can only be granted when all of the conditions
out lined in PMC 25 .195.020 have been met. The se requirements are as follows:
"Applications for variances from the terms of this Title, PROVIDED , that any variance granted shall be subject
to such conditions as will as sure that the adju st ment thereby authorized shall not constitute a grant of special
priv ilege inconsi stent with the li mitations upon other properties in the vicinity and zoning which the subject
property is situated, and that the following circumstances are found to apply:
1) Becau se of special circumstances applica ble to the subject property, including size, shape,
topography, location of surroundings, the strict application of the zoning ordinance is fou nd to
deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under
identical zone classification .
2
2) That the granting of the variance will not be materially detrimental to the public welfare or injurious
to the property or improvements in the vicinity and zone in which the subject property is situated.
3) The special circumstances applicable to the subject property were not created through the action(s)
of the applicant or any predece ss or in interest ."
In this ca se it is accurate to say the applicant is "deprived of rights and privileges enjoyed by other properties
in the vicinity" because of the property's size, as it is smaller than nearly all surrounding properties, and ha s
a double City street frontage . As well, the house was built in 1940 outside existing zoning regulations .
Secondly, the granting of a variance would not likely be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zone in which the subject property is situated,
as porch covers would not encroach on any public right s-of-way.
The final condition is so mewhat more controversial , as the special circumstances applicable to the su bject
property were at least in part created through the actions (unpermitted construction activity) of the
applicant, the fact that th e proposed structure s ar e apparently larger than the previous structures,
constituting an extension of same, and that Applicant did not furnish Staff with existing structure dimensions
for review prior to demolition . As mentioned above, Staff informed Applicant that the porch covers would be
allowed to be rebuilt as long as they were the same size as the originals . The patio covers built appear to be
larger than the original structures .
In addition, the proposed structures are qualitatively different than the former.
STAFF FINDINGS OF FACT
1. The property is located at at 802 S 13th Ave (Parcel #11 2 292 010).
2. Property is in an R-2 (Medium Density Residential) zoning district .
3. Applicant is requesting a variance from the setback requirements for two porch cover structures on an
existing residential unit.
4. Applicant was reported for code violations relating to unpermitted con struction, including stucco, roof,
remodel, porch covers, new exterior stairs, HVAC, and electrical work on January 31, 2019 .
5. A case was opened by the city and a NCV sent on February 25, 2019 .
6. Appli cant applied for a building permit (B19-0362) on March 6, 2019 .
7. Permit B19-0362 was placed on "Hold" by Staff on March 8, 2019, and again on April 3, 2019 .
8. Site Plan was rejected and permit placed on hold ba sed on the following notes:
a. Depiction of north property line location not accurate--approx. 9' from structure.
b. 15' min . setback along W "A" Street.
c. 20' min . setback along 13th Ave .
3
9. Building Permit Application B19-0362 includes replacement of a deck and a patio cover.
10. City of Pasco's TRAKiT permit tracking system shows a permit obtained in 1980 for sidewalk
improvements (permit #3282), and a reroof perm it from May of 2012 (Permit #17324).
11. No other permits are on record for the period between 2012 and the present application.
12. Applicant's site plan proposed a 44" covered deck along West "A" Street extending out towards the north
property line
13. North setback would have been 12 feet.
14. Applicant's site plan proposed a proposed a 95 " covered deck along 13th Avenue
15 . East setback would have been 14 feet.
16. Both setback mea surements were inaccurate on Applicant's site plan , as follows :
a. the actual setback to the north property line is approximately 9.'
b. the West "A" Street setback would be approximately S' with proposed structure.
c. the setback along 13th Avenue is approximately 23 .'
d . the South 13th setback would be approximately 15' with proposed structure.
17 . The R-2 zoning district required setbacks are as follows :
a. 20' from property lines fronting city streets,
b. except where two contiguous corner lots form the entire frontage between two parallel streets
the front yard along the common flanking street (in this case, East "A " Street) is reduced to 15
feet.
18. The setback requirements for this property are as follows:
a. lS' along East "A" Street; and
b. 20' along South 13th Avenue .
19. There would be a setback discrepancy of 10' along East "A" Street .
20. There would be a setback discrepancy of 5' along South 13th Avenue .
21. Staff informed Applicant that the porch covers would be allowed to be rebuilt as long as they were the
same size as the originals .
22. Applicant claimed not to know the original patio cover dimensions .
23 . The house was built in 1940.
24. The house was built outside the current setback requirements .
25 . The house is considered a legal , nonconforming use .
26. Pasco Municipal Code (PMC) Section 25.170.040(1)(a) describes the City regulations concerning the
Continuation of nonconforming uses, as follows :
a. Generally. Any legal nonconforming use may continue as long as it remains otherwise lawful ; and
provided, that a nonconforming use may not be altered or extended during its life except as
provided herein;
27 . Applicant's petition has been interpreted by Staff to be an alteration or extension of a legal
nonconforming use, and as such, unlawful.
4
28 . A variance from the strict application of the Zoning regulations can only be granted when all of the
conditions outlined in PMC 25.195.020 have been met. These requirements are as follows :
a. "Applications for variances from the terms of this Title, PROVIDED , that any variance granted
shall be subject to such conditions as will assure that the adjustment thereby authorized shall
not constitute a grant of special privilege inconsistent with the limitations upon other properties
in the vicinity and zoning which the subject property is situated, and that the following
circumstances are found to apply:
i. Because of special circumstances applicable to the subject property, including size,
shape, topography, location of surroundings, the strict application of the zoning
ordinance is found to deprive subject property of rights and privileges enjoyed by other
properties in the vicinity and under identical zone classification.
ii. That the granting of the variance will not be materially detrimental to the public welfare
or injurious to the property or improvements in the vicinity and zone in which the subject
property is situated .
iii. The special circumstances applicable to the subject property were not created through
the action(s) of the applicant or any predecessor in interest."
29. Staff opines that the applicant is "deprived of rights and privileges enjoyed by other properties in the
vicinity" because of the following:
a. The property is smaller than nearly all surrounding properties, and
b. The property has a double City street frontage.
c. The house was built in 1940 outside existing zoning regulations.
30. Staff opines that the granting of a variance would not likely be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity and zone in which the subject
property is situated, as porch covers would not encroach on any public rights-of-way.
31. The special circumstances applicable to the subject property were at least in part created through the
actions (unpermitted construction activity) of the applicant, as follows:
a. The proposed structures are apparently larger than the previous structures, constituting an
extension of same, and
b. Applicant did not furnish Staff with existing structure dimensions for review prior to demolition.
32. The proposed structures are qualitatively different than the former (see Sit Photos).
CONCLUSIONS
Prior to approval of a variance the Municipal code requires three determinations in the affirmative:
1. Because of special circumstances applicable to the property, the strict application of the zoning
ordinance would deprive the property of rights and privileges enjoyed by other similar properties
in the vicinity;
a. Staff opines that the applicant is "deprived of rights and privileges enjoyed by other
properties in the vicinity" because the property is smaller than nearly all surrounding
properties, and the property has a double City street frontage .
b. The house was built in 1940 outside existing zoning regulation s.
5
2. That the granting of the variance will n o t be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zone in which the subject property
is situated.
a. Staff does not believe that the granting of a va riance would be materially detrimental to
the public welfare or injurious to the property or improvements in the vicinity and zone in
w hich the subject property is situated, as porch covers would not encroach on any public
rights-of-way .
3. The specia l circumstances applicable to the subject property were not created through the
action(s) of the applican t or any predecessor in interest.
a. The applicant created the spec i al circum stance via unpermitted construction activity;
b. The proposed structures are apparently larger than the prev iou s structures, constituting an
extension of sa me; and
c. Applicant d id not furnish Staff with existing structure dimensions for review prior to
demolition;
d . The proposed structures are qualitatively different than the former (see Sit Photos).
Vicinity Map
Site Photos
Applicant's Appeal Packet
EXHIBIT LIST
6
Vicinity
Map
Item: Cantu Patio Covers
Applicant: Melanie Cantu
File #: HE 2019-003
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MASTER FILE#:
APPLICANT:
REQUEST:
REPORT TO HEARING EXAMINER
HEARING EXAMINER MEETING
City Hall -525 North Third Avenue -Council Chambers
THURSDAY, JUNE 12, 2019
6:00 PM
SP 2019-004
AHBL, Inc .
5804 Road 90, Suite H
Pasco, Washington 99301
SPECIAL PERMIT: Mini-Storage i n C-1
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal :
General Location:
Property Size:
PTN NW4 8-9-29
Due east of 5728 Bedford Street
6.86 acres
2. ACCESS: The property has access from Bedford Street and Midland Lane
3. UTILITIES : Municipal water and sewer service are available to the property.
4 . LAND USE AND ZONING : The site is zoned C-1 (Retail Business). Surrounding properties are zoned
and developed as follows:
NORTH:
EAST:
SOUTH:
WEST :
R-3
C-1
C-1
C-1
SFDUs
Vacant
Vacant
Services (Educational)
S. COMPREHENSIVE PLAN : The Comprehensive Plan indicates the site is intended for commercial
development. The purpose and description for commercial land uses includes neighborhood,
community and regional shopping along with business parks, service centers and offices. The
commercial designation is ideal for the location of services along major circulation routes . Policy ED-
2-B encourages the development of commercial uses strategically located to support local and
regional needs .
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An
environmental determination will be made after the public hearing for this project. A Determination
of Non-Significance or Mitigated Determination of Non -Significance is likely for this application per
WAC 197-11-355
1
ANALYSIS
AHBL, Inc is pr oposing the construction of a mini-storage facility and commercial spa ce on an undeveloped
site located north of Sand ifur Parkway and between Bedford St and Midland Lane. The site is zoned C-1
(Retail Bu siness) as i s the area to the south, west and east . Higher density resident ial is located to the north
of the site . The Pasco Municipal Code requires a special permit application for the location of a min i-storage
in the C-1 zoning district. Mini-storage facilities are permitted as a conditional use via PMC 25 .85.040 .
The project site consists of 6.86 acre s on four separate and adjacent parcels with the same ownership .
Current plans indicate the mini-storage facility will contain 108 separate storage units including an office .
Storage units will range from 480 square feet to 1,152 square feet providing a range of options for
customers. The projects will include two pha ses with the southern portion of the development occurring first
and the northern portion in phase 2.
Ext e rior fin is he s wi ll consist of synthetic st o ne and metal paneling. The site is located within the
1-182 Corridor Overlay District (PMC 25.130) and all landscaping and building standard s must be met to
en sure complian ce . The applicant ha s been notified of this provision within the PMC and building renderings
are required before issuing a determination . The applicant has specified that an increased setback will be
pro v ided as a spatial buffer between the facilities and the res idential developments to the north of the site .
The tallest height of any structure will be 24 feet with the majority of rest to be shorter.
The mini-storage facility will include a secure access gate located on Bedford Street while the
commercial/office will be accessed only off of Midland Lane . Peak PM (4pm-6pm) travel volumes have
increa sed slightly on Sandifur Parkway from 752 in 2016 to 802 vehicles in 2018 . The applicant will be
required to make street improvements identified in PMC 21.15 , including sidewalks.
INITIAL STAFF FINDINGS OF FACT
Find i ngs of Fa ct must be entered from the record . The following are initial findings drawn from the
ba ckground and analysis section of the staff report. The Hearing Exam iner may add additional findings to
this listing as the result of factual testimony and evidence submitted during the open re cord hearing.
l. The appli cant has applied for a Special Permit for the construction of a mini-storage facility in the C-
l (Retail Business) zoning district.
2. Mini-storage facilities are a permitted conditional use identified in PMC 25.85.040 in the C-1 zoning
district.
3. The City Comprehensive Plan indicates the site is intended for commercial development.
4. Policy ED-2-B of the City Comprehensive Plan encourages the development of commercial uses
located in conveniently accessible routes .
5. The site consists of fou r undeveloped adjacent parcels with the same owne rship w ith a total of 6.86
acres .
6 . The site is located north of Sandifur Parkway between Bedford Street and Midland Lane .
2
7. The site is within the 1-182 Corridor Overlay District and per PMC 25 .130 all landscaping and building
standards are required for the si te and structure s.
8. The site wi ll consist of 108 units ranging from 480 to 1,152 square feet.
9. The tallest structure will be a maximum of 24 feet.
10. A secure access gate will be located on Bedford Street. The commercial space (office) will be
accessible only off of Midland Lane.
11. PM Peak hour travel on Sandifur Parkway ha s increased from 752 vehicles to 802 between 2016 -
2018.
12. The site is estimated to produce 41.119 vehicle trips per day based on ITE Trip Generation Manual.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recomm e nding approval or denial of the proposed plat the Hearing Examiner must develop findings
of fact from which to draw its conclusion (PMC 25.200.080 and 25.200.100) therefrom as to whether or not:
1. Will the proposed use be in accordance with the goals, policies, objectives and text of the
Comprehensive Plan?
a) Policy ED-2-B of the City Comprehensive Plan encourages the development of a wide range
of commercial uses strategically lo cated to support local and regional needs.
2. Will the proposed use adversely affect public infrastructure?
a) The proposal will not generate an abnormal impact to public infrastructure such as water
and sewer.
3 . Will the proposed use be constructed, maintained and operated to be in harmony with the existing
or intended character of the general vicinity?
a) The site is within the 1-182 Corridor Overlay District. Per PMC 25.130, all landscaping and
building standards are re qu ired for the site and structures.
4 . Will the location and height of proposed structures and the site design discourage the development
of permitted uses on property in the general vicinity or impair the value thereof?
a) Site plan indicates that the tallest structure will be a maximum of 24 feet .
b) The location and height of the proposed project will not d iscourage the development of
permitted uses on property in the surrounding vicinity.
3
5. Will the operations in connection with the proposal be more objectionable to nearby properties by
reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any
permitted uses within the district?
a) The proposed mini-storage facility and operation is not expected to create adverse
impacts to other permitted uses.
6. Will the proposed use endanger the public health or safety if located and developed where proposed,
or in any way will become a nuisance to use s permitted in the district?
a) It is expected that the proposed mini -s torage will not cause harm to the health and safety
of the public and that the associated activity will not become a nuisance to the permitted
uses in the vicinity.
PROPOSED APPROVAL CONDITIONS
1. The Special Permit shall apply to tax parcel 115430165, 115430166, 115430164 and 115430167
2. Conformance with the 1-182 Corridor Overlay Di strict standa rd s per PMC 25 .130
3. Dedication of 30 feet along south property line(s) for Right of Way connecting Bedford Street to
Midland Lan e.
RECOMMENDATION
Staff recommends approval of the construction of the a mini-storage facility in the C-1 zoning district.
4
Land Use
Map
Item: Special Permit -Mini-Storage in C-1
Applicant: AHBL, Inc .
File#: SP 2019-004
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Vicinity
Map
Item: Special Permit -Mini-Storage in C-1
Applicant: AHBL, Inc.
File#: SP 2019 -004
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Applicant: AHBL, Inc.
File#: SP 2019-004
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Item: Special Permit -Mini-Storage in C-1
Applicant: AHBL , Inc.
File #: SP 2019-004
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REPORT TO THE HEARING EXAMINER
HEARING EXAMINER MEETING
City Hall -525 North Third Avenue -Council Chambers
WEDNESDAY, JUNE 12, 2019
6:00PM
MASTER FILE#: z 2019-006
APPLICANT: John Kinnaman
321-38 Henriot Rd
Winlock, WA 98596
REQUEST: REZONE : Rezone one parcel from C-1 (Retail Business) to R-1 (Low
Density Residential)
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: Lots 17 to 19, Block 8, Gerry's Addit io n (Parcel #112-053-233)
General Location : 527 W Bonneville Street
Property Size: 10,499 square feet
2. ACCESS: The property has access from W Bonneville Street and N 5th Avenue
3. UTILITIES: Municipal water is available in both W Bonneville Street and N 5t h Avenue . Municipal
sewer is available in the alleyway to the north of the property.
4. LAND USE AND ZONING: The lot contains one single-family dwelling structure and is zoned C-1
(Reta i l Business). Surrounding properties are zoned and developed as follows :
NORTH :
EAST:
SOUTH:
WEST :
R-3/R-4
C-1
C-1
R-1
Single and multi-family dwellings
Single and multi-family dwellings
Single and multi-family dwellings/church
Single and multi-family dwellings
5. Comprehensive Plan: The Comprehensive Plan indicates the site is intended for Mixed
Re sidential development. According to the Comprehensive Plan , Mixed Residential development
means 5 to 20 dwelling units per acre . The criteria for allocation under the future land use section
of Volume II of the Comprehensive Plan (Vol. II , page 17) encourages development of lands
designated for Mixed Residential uses when or where sewer is available, there is a market
demand for new home sites , and the location is convenient to major circulation routes . Policy H-
1-E encourages the advancement of home ownership, and Goal H-2 sugge sts the City strive to
maintain a variety of housing options for residents of the community. Goa l LU-2 encourages the
maintenance of established neighborhoods and the creation of new ne ig hborhoods that are safe
and enjoyable pla ces to live .
1
6 . ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An
environmental determination will be made after the public hearing for this project. A
Determination of Non-Significance or Mitigated Determination of Non-Significance is likely for
this application (WAC 197-11-355).
ANALYSIS
The applicant is seeking a rezone of the property from C-1 (Retail Business) to R-1 (Low Density Residential)
in order to use the existing dwelling structure as living space. Dwelling units are not listed as a permitted use
in the C-1 zon in g chapter of the PMC; however, dwelling units can be permitted via Special Permit if they are
located above the first floor of a building designed or intended to be used as a business . Because such does
not apply in this case, the applicant requires rezone approval.
According to the Franklin County Assessor 's records , the dwelling structure was built in the year 1923 and
used as a residence. Then, from 1971 until around 1995, it was used as a halfway house/work release facility.
A Special Permit for a church was granted for this property in 2012 , but the applicant appears to never have
applied for an Occupancy Registration following approval. According to the Special Permit application, the
building was already being used as a parsonage and church illegally. In the time since , the building has likely
continued as a church and residence without the City's knowledge until March of 2019 when the City's Code
Enforcement department opened a code case against the property.
Because documents indicating the zoning history of the property and the area are not able to be easily
located, it is difficult to pinpoint when the property acquired the C-1 zoning classification . According to a City
of Pasco zoning book of unknown age which the Planning Department has on-hand, the property was-at
one point in time-zoned for office uses. Beginning from at least 1974, the property was then rezoned to C-
l.
There are approximately five on-street angled parking stalls directly in front of the property on Bonneville
Street designed for commercial uses . The rear portion of the site abutting the alley contains a small parking
pad .
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25 .88.030 . The criteria
are listed below as follows:
1. The date the existing zone became effective:
It is unknown when the current zoning classification of C-1 became effective. Staff believes this date was pre-
1974.
2. The changed conditions, which are alleged to warrant other or additional zoning :
After the property acquired the C-1 zoning classification, an early version of Pasco's Comprehensive Plan
designated the site and surrounding area for Mixed Residential development. This designation does not
include the C-1 zone in the list of permitted zoning districts . A rezone of the property to R-1 is in conformance
with the policies of the Comprehensive Plan and the Plan's Zoning Map.
3 . Facts to justify the cha ng e on the basis of advancing the public health, safety and general welfare :
Th e propos ed zoning request is consistent with the Comprehensive Plan which has been determined to be in
the best interest of advancing public health, safety and general welfare of the community. The rezone will
allow for the legal residence in one dwelling unit.
2
4 . The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan :
A change in zoning classification may ultimately result in the establishment of a legal single -family residential
use consistent with the Comprehensive Plan . The existing dwelling structure outwardly appears to be a
residence but may require additional renovations inside to bring the structure up to code. Because the
surrounding uses are either single-family or multi-family homes, the rezone will not affect the value or
character of the neighborhood.
5 . The effect on the property owner or owners if the request is not granted:
The property owner may use the structure as a commercial business and may not reside in the building.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report . The Hearing Examiner may add additional findings to this
listing as the result of factual testimony and evidence submitted during the open record hearing.
1. The applicant has applied to rezone one parcel from C-1 (Retail Business) to R-1 (Low Density
Residential)
2. The applicant is seeking to rezone in order to permit a legal single-family residence on the property.
3. The site is within the Pasco Urban Growth Boundary.
4 . The State Growth Management Act requires urban growth and urban densities to occur within the
Urban Growth Boundaries .
5. The site currently contains one dwelling structure that outwardly appears to be a house .
6. The site is not considered a critical area, a mineral resource area, or a wetland .
7 . The Comprehensive Plan identifies the site for Mixed Residential development, which permits the
following zones : RS-20, RS -12, RS -1, and R-1, R-2, and R-3 .
8 . Mixed Residential development is described in the Comprehensive Plan as 5 to 20 dwelling units per
acre.
9. The current zoning classification of C-1 does not permit dwelling units unless said dwelling units are
approved via Special Permit and are above the first floor of a building designed or intended to be
used as a retail business.
10. The date the current zoning classification was adopted is unknown but was likely pre -1974.
11. The property was zoned for office uses at some point in time before it acquired the C-1 zoning
classification.
12. The Mixed Residential zoning designation was adopted with an early version of Pasco 's
Comprehensive Plan .
13. The dwelling structure was built in 1923 and used as a residence.
14. From 1971 until around 1995, the structure was used as a halfway house/work release facility .
15. The dwelling structure was used as an illega l parsonage and church during a period of time after
1995 .
3
16. A Special Permit for a church was granted for the property in 2012, but the applicant never applied
for an Occupancy Registration following approval.
17 . The dwelling structure was used as a church and living space without the City's knowledge until
March of 2019.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone the Hearing Examiner must develop findings of fact
from which to draw his/her conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as
follows :
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
The proposal is consistent with the Comprehensive Plan Land Use Map and Comprehensive Plan Policy Land
Use Goals . Mixed Re side ntial development suggests 5 to 20 dwelling units per acre . The criteria for allocation
under the future land use section of Volume II of the Comprehensive Plan {Vol. II , page 17) encou r ages
development of lands designated for Mixed Residential uses when or where sewer is available, there is a
market demand for new home sites, and the location is convenient to major circulation routes .
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The immediate area is shown in the Comprehensive Plan for Mixed or Low Density Residential zoning . The
proposed rezone is consistent with the referenced Plan; as such, this proposal will not be materially
detrimental to future nearby developments that will need to conform to the provision of the Plan.
3. There is merit and value in the proposal for the community as a whole.
The proposed zoning is consistent with the Comprehensive Plan Land Use Map. Further, a rezone of the
property will relieve its non-conforming status and allow for legal residence . The proposal is supported by
land use goals and policies contained in the Comprehensive Plan.
4 . Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal.
No special conditions are proposed . The dwelling structure may be used as a residence should the rezone be
approved; however, the church gathering operation must cease.
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so , the
terms and conditions of such an agreement.
A Concomitant Agreement is not necessary for this application.
RECOMMENDATION
Staff recommends approval for the proposed rezone of 527 W Bonneville Street from C-1 to R-1.
4
Overview
Map
Item: Rezone from C-1 to R-1
Applicant: John Kinnaman.
File #: Z2019-006
Vicinity
Map
Item: Rezone from C-1 to R-1
Applicant: John Kinnaman
File #: Z2019-006
Land Use
Map
Item: Rezone from C-1 to R-1
Applicant: John Kinnaman
File #: Z2019-006
Zoning
Map
Item: Rezone from C-1 to R-1
Applicant: John Kinnaman
File #: Z2019-006
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Pasco PUBLIC HEARING l I
MASTER FILE #:
APPLICANT:
REQUEST:
City Hall -525 North Third Avenue -Council Chambers
DATE: WEDNESDAY, June 12, 2019
6:00 PM
z 2019-005
Dalton Walker/Lawrence B Stone Properties
418 N Kellogg St . Ste B
Kennewick WA 99336
REZONE: Rezone 1 parcel from R-2 (Medium Density
Residential) to 1-1 (Light Industrial)
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal : Fan n's Addition Lot 2 Block 4 (APN #112060047).
General Location: 28 W. A St Pasco WA 99301
Property Size: 2,268 square feet or .052 acres.
2. ACCESS: The parcel has access from West "A" Street
3. UTILITIES: Both water and sewer are available off of West "A" Street
4. LAND USE AND ZONING: The lot is currently vacant and zoned R-2 (Medium Density
Residential). Surrounding properties are zoned and developed as follows:
NORTH:
EAST:
SOUTH :
WEST :
1-1
R-2
R-2
1-1
Lumber Yard
SFDUs (Historic Railroad Houses)
SFDUs
Lumber Yard
5. Comprehensive Plan: The Comprehensive Plan Land Use designation for the property is
"Commercial." Under the current Comprehensive Plan land use designations of "Commercial" the
property may be zoned "O," BP, C-1, C-2 , C-3, or CR . The Commercial designation is described as
including "Neighborhood, community and regional shopping and specialty centers, business
parks, service and office uses ."
Comprehensive Plan Economic Development goals and policies include the following:
Ed-2. Goal : assure appropriate location and design of commercial and industrial facilities .
ED-2-B Policy: Encourage development of a wide range of commercial and industrial uses
strategically located to support local and regional needs .
Ed-3 . Goal: maintain development standards and design guidelines to ensure that commercial and
industrial developments are good neighbors .
ED-3-A Pol icy : Enhance compatibility of commercial and industrial development with
residential and mixed use neighborhoods through the use of landscaping, screening, and
superior building design standards and guidelines.
ED-3-D Policy : Require existing commercial and industrial facilities to conform to city
design and site amenity standards, when expansion and/or new facilities are proposed.
ED-3-E Policy : Use sufficient landscaping and appropriate screening as well as other
methods to buffer less intensive uses from utilitarian parts of commercial and industrial
facilities.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An
environmental determination will be made after the public hearing for this project. A
Determination of Non-Significance or Mitigated Determination of Non-Significance is likely forth is
application (WAC 197-11-355).
ANALYSIS
Applicant is seeking to rezone the parcel located at 28 W . A St (on the north side of West "A" Street,
directly adjacent a building materials layout yard) from R-2 (Medium Density Residential) to 1-1 (Light
Industrial), in anticipation of constructing an industrial building for building materials storage on the site.
The site contains 2,2 68 square feet or approximately .052 acres, and was formerly part of the Burlington
Northern Railroad (BNRR) Right -of-Way (subsequently Burlington Northern Santa Fe or BNSF). The site
was developed with railroad housing in the 1890s. Part of the land containing the railroad houses was sold
off to private homeowners, leaving a few houses straddling railroad right-of-way and private ownership
lots. The partial lots were occupied by two homes built for railroad workers in the 1890s.
The adjacent building materials layout yard surrounds the parcel in question on three sides to the north ,
west, and east, contains around 3.6 acre s, and is developed with a 11,614 square foot warehouse space
and wholesale/retail office . Properties further to the east are zoned R-2 and developed with 1890s era
railroad houses ; properties across "A" Street to the south have been developed with single-family
residential units .
The property ha s recently been sold to the owners of the adjacent property, and the house demolished.
Owners of the building materials layout yard wish to expand their operation by constructing a 24,000
square-foot warehouse which would extend over onto the former housing lot. Unfortunately, the parcel
was zoned R-2 to accommodate the former railroad houses sometime before 1974. Furthermore, the
entire area ha s been designated "commercial" since the 1980 Comprehensive Plan , despite having been
zoned Industr ial many years before.
The Comprehensive Plan designates the property Commercial, which allows for "O" (Office), BP (Business
Park), C-1 (Retail Business), C-2 (Central Business District), C-3 (General Business), or CR (Regional
commercial) zoning . The Commercial designation is described as including "Neighborhood, community
and regional shopping and specialty centers, business parks, service and office uses ."
Staff recommends the parcel and the adjoining lot 1, Block 4 of Fann 's Addition (also currently zoned R-2)
be rezoned to C-3 (General Commercial), which would allow for the building materials layout yard use
while still accommodating the Comprehensive Plan "Commercial" Land Use de si gnation.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria
are listed below as follows:
1. The date the existing zone became effective:
2
The current zoning classification has been in place without change since at least 1974.
2. The changed conditions, which are alleged to warrant other or additional zoning:
The former railroad housing lot has been sold to adjacent property owner and the house has been
demolished. The current owners wish to construct a building which would extend onto the former
residential property. The adjacent 3.6-acre lot cannot be developed as planned due to the R-2 zoning o n
the 2,268-square-foot lot.
3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:
The proposed zoning request is consistent with the Comprehensive Plan , which allows for "O," BP, C-1 , C-
2, C-3, or CR zoning.
4. The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan :
A change in zoning classification may ultimately result in the development of a new warehouse building at
the location. The Comprehensive Plan allows for "O," BP, C-1 , C-2, C-3, or CR zoning at the site. The
character of the surrounding properties is mostly industrial to the north, and west with access to "A" Street,
a minor arterial street.
5. The effect on the property owner or owners if the request is not granted:
If the property is not rezoned to C-3 it will co ntinue to be limited by the constraints of the R-2 zoning
designation, which currently allows for the following: Single-family dwellings; New factory-assembled
ho mes; Two-family dwellings; Multiple dwellings; gardening or fruit raising.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The Planning Commission may add additional findings
to this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Applicant is seeking to rezone the parcel located at 28 West "A" Street from R-2 (Medium
Density Residential) to 1-1 (Light Industrial).
2. Applicant wishes to construct an industrial building on the site .
3. The parcel is directly adjacent and surrounded on three sides by a building materials layout yard .
4. The site contains 2,268 square feet or approximately .052 acres .
5. The site was formerly part of the BNSF Right-of-Way).
6. The site was developed with railroad housing in the 1890s.
7. Part of the land containing the railroad house s was sold off to private homeowners; the houses
straddled railroad right-of-way and private ownership lots.
8. The adjacent building materials layout yard surrounds the parcel in question on three sides to
the north, west, and east,
9. The adjacent building materials layout yard contains around 3.6 acres
10. The adjacent building materials layout yard is developed with a 11,614 square-foot warehouse.
11 . Properties further to the east are zoned R-2 and developed with railroad houses .
12 . properties across "A" Street to the south are developed with single-fa mily residential units .
13 . The property has recently been sold to the owners of the adjacent property.
14. The house has been demolished.
15 . Owners of the building materials layout yard wish to construct a 24,000 square-foot warehouse.
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16. The desired warehou se would extend over onto the former housing lot.
17. The parce l was zoned R-2 to accommodate the former railroad hou ses.
18. The R-2 zoning ha s been in place from sometime before 1974.
19. The entire area has been designated "commercial" since the 1980 Comprehensive Plan
20. The adjoining si te was zoned Industrial many yea rs before .
21. The Comprehensive Plan designates the property Commercial.
22 . The Commercia l Land Use designation allows for "O" (Office), BP (Bu siness Park), C-1 (Retail
Business), C-2 (Central Business District), C-3 (General Business), or CR (Regional commercial)
zoning.
23. The Commercial Land Use designation is described in the Comprehensive Plan as including
"Neighborhood, community and regional shopping and specialty centers , business parks, service
and office uses."
24 . Staff re commend s the parcel) be rezoned to C-3 (General Commercial), which would allow for
the building materials la yout yard use while still accommodating the Comprehensive Plan
"Commercial " Land Use designation.
25. Staff also recommends the adjoining lot 1, Block 4 of Fan n's Addition (also currently zoned R-2)
be rezoned to C-3 .
26. A concomitant agreement would not be requ ired.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning Commission must develop
findings of fact from which to draw its conclusions based upon the criteria li sted in PMC 25.86.060 . The
criteria are as follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan .
Under the current Comprehensive Plan land use designations of "Commercial " the property may be zoned
"O," BP, C-1, C-2, C-3, or CR . The Comprehensive Plan also requires the City to take adjacent uses into
consideration when deciding zoning. The Commercial designation is described as including
"Neighborhood, community and regional shopping and specia lty centers , business parks, service and
office uses ."
Policy LU-4-A urges the city to "Locate commercial facilities at major street intersections to avoid
commercial sprawl and avoid disruptions of residential neighborhoods, and leverage major infrastructure
availability," and Policy ED-2-B states "Encourage development of a wide range of commercia l and
industrial uses strategically located to support local and regional needs ." The proposed use is located
along West "A" Street, a minor arterial street.
Policy LU-3-C requires the City to "Maintain and apply design standards and guidelines that will result in
attractive and efficient centers," and Goal Ed-2, "assure appropriate location and design of commercia l
and industrial facilities." Goal Ed -3 , "maintain development standards and design guidelines to ensure
that commercial and industrial developments are good neighbors," and Policy ED-3-A "Enhance
compatibility of commercial and industrial development with residential and mixed use neighborhoods
through the use of landscaping, screening, and su perior building design standards and guidelines ." City
code requires ten feet of landscaping, as well as screening of outdoor storage along arterial streets.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The immediate area is shown in the Com prehensive Plan for Commercia l and Mixed Residential zoning.
The Commercial designated areas may be zoned "O," BP , C-1, C-2, C-3 , or CR , as appropriate . The Mixed
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Residential designation allows for R-S -20 , R-S-12 , R-S -1, and R-1 thru R-3 zoning district. The expansion of
the current use will not substantially alter the existing character of the neighborhood.
3. There is merit an d value in the proposal for the community as a whole.
The proposed zoning consistent with the Comprehensive Plan Land Use Map. The site is proxima l to
residential zoning districts to the south, and it is also located along West "A" Street, a minor arterial; as
such it has potential of being a benefit to the community if proper ae sthetic co nsiderations are followed
to mitigate its proximity to residential neighborhoods. City code requires t en f ee t of landscaping, as well
as screening of outdoor storage along arterial streets.
4. Conditions should be impose d in order to mitigate any significant adverse impacts from the
proposal.
The Pasco Municipal Code includ es design standards for both commercial and residential development.
City code requires ten feet of land sca ping, as well as sc reening of outdoor storage along arterial streets.
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so,
the terms and conditions of such an agreement.
A concomitant agreement would not be required in this circumstance.
RECOMMENDATION :
RECOMMENDATION
Staff recommends the property at 28 W . A St (APN #112060047) be rezoned to
C-3 (General Commercial) as well as the adjoining lot 1, Block 4 of Fann's
Addition to the east .
5
Overview
Map
Item: Rezone from R-2to1-1
Applicant: Dalton Walker/Lawrence B Stone Properties
File #: Z-2019-005
Vicinity
Map
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Item: Rezone from R-2to1-1
Applicant: Dalton Walker/Lawrence B Stone Properties
File#: Z-2019-005
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Applicant: Dalton Walker/Lawrence B Stone Properties W+E Map File#: Z-2019-005 s
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