HomeMy WebLinkAboutHE Recommendation Z 2022-002 Columbia Riverwalk I-1 to C-1 Rezone CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2022-002 )
Columbia Riverwalk,LLC )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on April
13, 2022, the Hearing Examiner having taken evidence hereby submits the following Recommended
Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as follows:
I. RECOMMENDED FINDINGS OF FACT
1. PROPERTY/APPLICATION DESCRIPTION:
1.1 Le al: Binding Site Plan 2008-03, Section 36,Township 9 North, Range 29 East,
W.M.records of Franklin County, Washington (Parcel 119740014).
1.2 General Location: Generally situated between South 23rd and South 25th Avenues
and south of West"A" Street in Pasco, WA.
1.3 Property Size: 1.69 acres(73,594.72 square feet).
1.4 Applicant: Tri-Cities Engineering c/o Rigoberto Rangel, 5804 Rd 90 Suite D, Pasco,
WA 99301.
1.5 Request: Rezone Columbia Riverwalk LLC from I-1 to C-1
2. ACCESS: The parcels have access from West"A" Street.
3. UTILITIES: Existing water and sewer utilities in West"A" Street.
4. LAND USE AND ZONING: The lot is zoned 1-1 (light Industrial) and is vacant.
Surrounding properties are zoned and developed as follows:
NORTH: I-1/C-3 -Cemetery/Commercial
EAST: I-1 - Industrial Uses
SOUTH: I-1 -USACE Levee/Sacagawea Trail
WEST: I-1 -City of Pasco Park
5. COMPREHENSIVE PLAN: The Comprehensive Plan was recently updated and approved
by the City Council.The lots are now designated"Mixed Residential/Commercial." The
"Mixed ResidentiaUCommercial"designation allows for R-1 through R-4, C-1, and O, as
well as Waterfront zoning.This Land Use designation allows a combination of mixed-use
residential and commercial in the same development,and uses may include single-family
dwellings, patio homes, townhouses, apartments, and condominiums, neighborhood shopping
and specialty centers,business parks, service and office uses. Residential densities may range
between 5 to 29 dwelling units per acre.
Z 2022 002
Columbia Riverwalk,LLC
Page 1 of 7
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the State Environmental Policy Act ("SEPA") checklist, Comprehensive
Plan, applicable regulations, and other information, a threshold determination resulting in a
Determination of Non-Significance(DNS)was issued on March 14, 2022 for this project
under WAC 197-11-158.
7. REQUEST: Rigoberto Rangel, on behalf of Tri-Cities Engineering, has submitted an
application to rezone Parcel 119740014, located between South 23rd and South 25th Avenues
and south of West "A" Street, from I-1 (Light Industrial)to C-1 (Retail Business). Applicant
anticipates developing a restaurant/coffee shop and"a leisure spot high enough to observe the
river" with easy access to the river walk path and park.
8. SITE: The site has frontage access on West"A" Street and contains approximately 1.69 acres
(73,594.72 square feet). South 20`h Avenue, located approximately 1,000 feet to the east, is an
arterial street. The recently updated Comprehensive Plan has designated the site "Mixed
Residential/ Commercial." The "Mixed Residential/Commercial" designation allows for R-1
through R-4, C-1, O, and Waterfront zoning and may be developed with a combination of
mixed-use residential and commercial in the same development, including single-family
dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29
dwelling units per acre, as well as neighborhood shopping and specialty centers, business
parks, service and office uses. The rezone request and its intended use are consistent with the
Comprehensive Plan Land Use Map designation.
9. HISTORY: The site was annexed into the City (Ordinance 1050) and zoned for industrial
uses (Ordinance 1049) in 1962. Later the property was designated as "Open Space/Nature"
due to its proximity to the Columbia River. In 1996, a Comprehensive Plan Amendment
passed which resulted in a designation change to "Mixed Residential." The City has recently
approved a major update to its Comprehensive Plan. The revised Land Use Element of the
approved Plan designated the site "Mixed Residential/Commercial."The Applicant is seeking
to rezone the property to C-1 to allow for the construction of a restaurant/coffee shop and a
leisure spot high enough to observe the river with easy access to the river walk path and park.
The C-1 zoning would allow for restaurant/coffee shop and leisure spot uses. This property
provides the opportunity for development which will benefit from the proximity and/or
access to the Columbia River. At the time of development the City will require full
improvement of right-of-way including curb, gutter, and sidewalk. The site is located on a
collector street. South 20th Avenue, located approximately 1,000 feet to the east, is an arterial
street. 1n 2021, RLR Cultural Resources LLC prepared a survey report for the Columbia
River Walk Apartments project (SEPA2020-033). In that report, the consultant recommended
that a cultural resource monitor be present for any additional subsurface excavation within the
project area(RLR Report 2020-522-51, pp. 35). Because the proposed project area is located
within the boundary of site 45FR11, a monitoring permit from Department of Archaeology
and Historic Preservation (DAHP)will be required.
10. REZONE CRITERIA: The initial review criteria for considering a rezone application are
explained in PMC 25.210.030. The criteria are listed below as follows:
10.1 The date the existing zone became effective:
10.1.1 The site was annexed into the City (Ordinance 1050) and zoned for industrial
uses(Ordinance 1049) in 1962.
Z 2022 002
Columbia Riverwalk,LLC
Page 2 of 7
10.2 The changed conditions, which are alleged to warrant other or additional zoning:
10.2.1 City Council approved an update to the Comprehensive Plan this year; The
Land Use Element of the Plan now designates the site "Mixed
Residential/Commercial."
10.2.2 The Applicant has developed apartment buildings to the east of the site.
10.2.3 The "Mixed Residential/Commercial" designation allows for R-1 through R-
4, C-1, O, and Waterfront zoning and may be developed with single-family
dwellings, patio homes, townhouses, apartments and condominiums, as well
as neighborhood shopping and specialty centers, business parks, service and
office uses.
10.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
10.3.1 The rezone application and proposal are consistent with the Pasco
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 would allow for neighborhood shopping and specialty centers,
business parks, service and office uses in the "Mixed
Residential/Commercial"designated area.
10.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
10.4.1 A change in zoning classification would likely result in the development of
commercial uses, which are appropriate for this area, in alignment with the
Land Use Element of the Comprehensive Plan.
10.4.2 The rezone application is consistent with and meets the intent of the newly
revised and approved goals and policies of the Comprehensive Plan.
10.5 The effect on the property owner or owners if the request is not granted:
10.5.1 If the property remains with the current zoning designations the parcel would
either remain vacant, overgrown, and continue to attract nuisance activities,
or be developed with industrial uses consistent with the current zoning, but
inconsistent with the updated Comprehensive plan.
10.6 The Comprehensive Plan land use designation for the property:
10.6.1 The City Council has recently approved an update to the Comprehensive
Plan; The Land Use Element of the Plan now designates the site "Mixed
Residential/Commercial."
10.6.2 The "Mixed Residential/Commercial"designation allows for R-1 through R-
4, C-1, O, and Waterfront zoning and may be developed with single-family
dwellings, patio homes, townhouses, apartments and condominiums, as well
as neighborhood shopping and specialty centers, business parks, service and
office uses.
10.7 Such other information as the Hearing Examiner requires:
10.7.1 In 2021, RLR Cultural Resources LLC prepared a survey report for the
Columbia River Walk Apartments project (SEPA 2020-033). In that report,
Z 2022 002
Columbia Riverwalk, LLC
Page 3 of 7
the consultant recommended that a cultural resource monitor be present for
any additional subsurface excavation within the project area (RLR Report
2020-522-51, pp. 35). Because the proposed project area is located within the
boundary of site 45FR11, a monitoring permit from Department of
Archaeology and Historic Preservation (DAHP) will be required.
10.7.2 The rezone application is consistent with and meets the intent of the
Comprehensive Plan, and City Council Goals. The opportunity for additional
commercial uses in this area supports the Land Use Element of the
Comprehensive Plan.
11. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on March 21, 2022.
12. The site is located between South 23rd and South 25th Avenues and south of West"A"
Street.
13. The site has frontage access on West"A" Street.
14. West"A"Street is a collector street at this location.
15. South 20th Avenue is approximately 1,000 feet to the east.
16. South 20t' Avenue is an arterial street.
17. The rezone request and its intended use are consistent with the Comprehensive Plan Land
Use Map designation.
18. The C-1 zoning would allow for restaurant/coffee shop and leisure spot uses.
19. This property provides the opportunity for development which will benefit from the
proximity and/or access to the Columbia River.
20. At the time of development the City will require full improvement of right-of-way including
curb, gutter, and sidewalk.
21. A survey report for the Columbia River Walk Apartments project(SEPA 2020-033)was
prepared in 2021.
22. In that report, the consultant recommended that a cultural resource monitor be present for any
additional subsurface excavation within the project area(RLR Report 2020-522-51, pp. 35).
23. The proposed project area is located within the boundary of site 45FR11.
24. A monitoring permit from Department of Archaeology and Historic Preservation (DAHP)
will be required for any subsurface excavation within the project area.
Z 2022 002
Columbia Riverwalk, LLC
Page 4 of 7
25. An open record public hearing after due legal notice was held April 13, 2022 via
videoconference.
26. Appearing and testifying on behalf of the applicant was Rigoberto Rangel. Mr. Rangel
testified that he was the agent for the property owner and Applicant. He testified about their
development plans for the property.
27. No member of the public appeared at the hearing.
29. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
30. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
II.RECOMMENDED CONCLUSIONS OF LAW
Before recommending approval of this rezone, the Hearing Examiner has developed findings of fact
from which to draw those conclusions based upon the criteria listed in PMC 25.210.060. The criteria
are as follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. City
Council approved an update to the Comprehensive Plan this year; The Land Use Element of
the Plan now designates the site"Mixed Residential/Commercial."
2. The"Mixed Residential/Commercial"designation allows for R-1 through R-4, C-1,O, and
Waterfront zoning and may be developed with single-family dwellings,patio homes,
townhouses,apartments and condominiums, as well as neighborhood shopping and specialty
centers,business parks, service and office uses.
3. The proposal also aligns with the following Comprehensive Plan Goals and Policies:
3.1 Land Use Policy LU-4-A: Encourage infill and higher density uses within proximity
to major travel corridors and public transportation service areas.
3.2 Land Use Policy LU-4-C: Encourage the development of walkable communities by
increasing mixed-use(commercial/residential)developments that provide households
with neighborhood and commercial shopping opportunities.
3.3 Land Use Policy LU-6-B: Promote efficient and functional neighborhood level and
major commercial centers to meet community demand.
3.4 Land Use Policy LU-7-B: Conform to the adopted goals and policies of the Shoreline
Master Program as part of this Comprehensive Plan.
3.5 Economic Development Policy ED-1-D: promote tourism and recreational
opportunities.
3.6 Economic Development Policy ED-1-E: Recognize that infrastructure, including
transportation and utility planning, is vital to economic development and attracting
businesses.
3.7 Economic Development Policy ED-1-F: Support and encourage
residential/commercial mixed-use developments that provide neighborhood shopping
Z 2022 002
Columbia Riverwalk, LLC
Page 5 of 7
and services and promote walkable neighborhoods.
3.8 Economic Development Policy ED-2-E: Periodically assess the adequacy of the
supply of vacant and re-developable lands in the City limits and the UGA,especially
commercial and industrially zoned land.
3.9 Economic Development Policy ED-3-A: Enhance compatibility of commercial and
industrial development with residential and mixed-use neighborhoods with
appropriate landscaping, screening, building and design standards,
3.10 Economic Development Policy ED-3-C: Provide appropriate access through a
combination of pathways,sidewalks, non-motorized travel lanes and parking.
4. The effect of the proposal on the immediate vicinity will not be materially detrimental.
5. The Comprehensive Plan has recently been updated for the area and the Land Use Element of
the Plan now designates the site "Mixed Residential/Commercial."
6. The"Mixed Residential/Commercial"designation allows for R-1 through R-4,C-1,O, and
Waterfront zoning and may be developed with single-family dwellings, patio homes,
townhouses,apartments and condominiums, as well as neighborhood shopping and specialty
centers, business parks, service and office uses.
7. The application for rezone is consistent with the Comprehensive Plan Land Use Element for
the site and meets the intent of the Goals and Policies for the property. The proposal will not
be materially detrimental to the immediate vicinity.
8. There is merit and value in the proposal for the community as a whole.
9. The proposed rezone application is consistent with the Comprehensive Plan Land Use Map
and the Goals and Policies as adopted by the Pasco City Council (Ordinance 4537).
10. The Comprehensive Plan has recently been updated for the area and now designates the site
"Mixed Residential/Commercial."
11. The"Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1, O, and
Waterfront zoning and may be developed with single-family dwellings, patio homes,
townhouses, apartments and condominiums,as well as neighborhood shopping and specialty
centers, business parks, service and office uses.
12. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
13. The rezone application and anticipated project are subject to the regulations and requirements
of the Pasco Municipal Code and the City of Pasco Design and Construction Standards.The
Design and Construction Standards require a Traffic Study for proposals that generate 25 or
more peak hour trips.Upon Project Application,mitigation will likely include the following:
13.1 An inadvertent discovery protocol must be established for the potential discovery of
cultural or historical artifacts before or during improvements/construction.
13.2 A monitoring permit from Department of Archaeology and Historic Preservation
(DAHP)will be required for any subsurface excavation within the project area.
14. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
Z 2022 002
Columbia Riverwalk, LLC
Page 6 of 7
III. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL that Binding Site Plan 2008-03, Section 36, Township 9 North,
Range 29 East, W.M. records of Franklin County, Washington (Parcel 119740014), located between
South 23rd and South 25th Avenues and south of West"A" Street in Pasco, WA be rezoned from I-1
(Light Industrial) to C-I (Retail Business).
Dated this 14th day of April,2022.
CITY F AS WRING EXAM R
A6dKew L. Kottkamp
Z 2022 002
Columbia Riverwalk,LLC
Page 7 of 7