HomeMy WebLinkAbout4598 Ordinance - Broetje Orchards Rezone RT to R1 (Z 2022-004) - RECORDEDFRANKLIN COUNTY RECORDING
COVER SHEET
NAME AND RETURN ADDRESS:
City of Pasco
525 N. Third Avenue
Pasco, WA 99301
FORM COMPLETED BY: Krystle Shanks
PLEASE PRINT OR TYPE INFORMATION:
AFN # 1964004 ORDIN
07/26/2022 09:17 AM
10 Page(s) $212.50
Matt Beaton. Auditor
Franklin Co., WA
PHONE # (509) 544-3096
DOCUMENT TITLE(S) (or transaction contained therein)
1. Ordinance No. 4598
2. Z2022-003
3.
GRANTOR(S) (Last name, first name, middle name/initials):
1. Citv of Pasco
2.
3.
4.
❑ Additional names on page of document
GRANTEE(S) (Last name, first name, middle name/initials):
1. Broetje Orchards LLC
2. Juan & Maria Montalvo
3.
4.
❑ Additional names on page of document
LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
Washington Add All BLK 5, 28-30-09
❑ Additional legal is on page of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
113-881-024
❑ Additional parcel numbers on page of document
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the
document to verify the accuracy or completeness of the indexing information
EMERGENCY NONSTANDARD REQUEST
I am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in
RCW 36.18.010. 1 understand that the recording processing requirements may cover up or otherwise
obscure some part of the text of the original document.
Signature Date
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 31 Avenue
Pasco, WA 99301
ORDINANCE NO. 4598
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED SOUTH OF EAST HELENA STREET BETWEEN
SOUTH ROAD 30 EAST AND RAMA COURT, PASCO, WASHINGTON,
FROM RT TO R-1.
WHEREAS, Petitioner Adan Suarez, on behalf of Broetje Orchards/Jubilee Foundation,
seeks to rezone a parcel of land located south of East Helena Street between South Road 30 East
and Rama Court in Pasco, Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of the Pasco Municipal Code (PMC) Section 25.210.030 was received by the
City and, after notice was issued under PMC Section 25.210.040, an open record hearing was
conducted by the Pasco Hearing Examiner upon such petition on June 8, 2022; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development are adequately mitigated by the regulations and requirements of the
Pasco Municipal Code and the City of Pasco Design and Constructions Standards; (e) a
concomitant agreement is not required under these circumstances; and (f) the proposed rezone is
consistent with and satisfies all criteria set forth in PMC Section 25.210.030; the Hearing Examiner
has recommended to approve the rezone, which findings and recommendation are hereby adopted
by the City Council and the Hearing Examiner Report is hereby incorporated by this reference as
Exhibit A.
Ordinance — Rezone Z 2022-004 - 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning
Map, accompanying and being part of said Ordinance shall be and hereby is changed from RT
(Residential Transition) to R-1 (Low -Density Residential) for the real property as shown in
Exhibit B attached hereto and described as follows:
Block 5, Washington Addition to Pasco, Section 28, Township 9 North, Range 30
East, W.M. records of Franklin County, Washington (Parcel No. 113881024)
Section 2. This Ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington this 181h day of July, 2022.
Blanche Barajas
Mayor
ATTEST:
APPROVED AS TO FORM:
.1k gJtAl�
Debra Barham, CMC err Fer aw, PLLC
City Clerk City At eys
Published t, 2/
Ordinance — Rezone Z 2022-004 - 2
"EXHIBIT A"
CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2022-004 )
Broetje Orchards, LLC )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on June
8, 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
PROPERTY/APPLICATION DESCRIPTION:
1.1 Le&al: Block 5, Washington Addition to Pasco (Parcel 113881024).
1.2 General Location_: South of East Helena Street between South Road 30 East and
Rama Court.
1.3 Property Size: 2.17 acres (94,340.69 square feet)
1.4 Applicant: Broetje Orchards LLC c/o Adan Suarez, 3713 East A Street, Pasco WA
99301.
1.5 Request: RT (Residential Transition) to R-1 (Low -Density Residential)
2. ACCESS: The site has access from East Helena Street.
UTILITIES: Water and sewer are available in East Helena Street.
4. LAND USE AND ZONING: The lot is currently zoned RT (Residential Transition) and is
vacant. Surrounding properties are zoned and developed as follows:
North:
R-1
SFDUs (Under Development)
East:
R-1
SFDUsNacant
South:
RT
Vacant/SFDU
West:
RT/R-1
Vacant
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Low -Density
Residential uses. Those portions of the community designated for Low -Density Residential
development by the Comprehensive Plan could be zoned R -S-20, R -S-12, R -S-1, R-1, R -1-A,
and R -1-A2. The proposal supports the following Comprehensive plan goals:
5.1 Land Use Goal LU -3: Maintain established neighborhoods and ensure new
neighborhoods are safe and enjoyable places to live.
5.2 Land Use Goal LU -4: Increase community accessibility through proper land use
planning.
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Broetje Orchards, LLC
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5.3 Land Use Goal LU -5: Maintain a broad range of residential land use designations to
accommodate a variety of lifestyles and housing opportunities.
5.4 Land Use Policy LU -5-A Policy: Allow a variety of residential densities throughout
the UGA.
5.5 Land Use Goal LU -6: Encourage distinctive quality community and regional
commercial and industrial developments that support the city's overall development
goals.
5.6 Housing Goal H-1: Encourage housing for all economic segments of the city's
population consistent with the local and regional market.
5.7 Housing Goal H-3: Encourage housing design and construction that ensures long
term sustainability and value.
5.8 Housing Goal H-4: Support efforts to provide affordable housing to meet the needs of
the community.
6. ENVIRONMENTAL DETERIVIINATION: 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 June 1, 2022 for this project under
WAC 197-11-158.
REQUEST: Applicant is seeking to rezone the property south of East Helena Street between
South Road 30 East and Rama Court from RT (Residential Transition) to R-1 (Low -Density
Residential) consistent with the Comprehensive Plan designation for the property. The
current RT zoning designation does not lend itself well to either sales or development of the
properties. Under the current Comprehensive Plan land use designation of Low -Density
Residential the properties could be zoned R -S-20, R -S-12, R -S-1, R-1, R -1-A, and R -1-A2.
8. HISTORY: The site was originally platted into Pasco in 1913 as part of the Washington
Addition to Pasco, then de -annexed in 1921 (Ordinance 319) and subsequently (re)annexed
into the City in 1994 and assigned RT (Residential Transition) zoning (Ordinance 3033). The
RT zone is typically used as a holding zone for areas that lack utility services. As utilities and
infrastructure become available RT zoned properties are then zoned to align with the land use
designations of the Comprehensive Plan.
9. Rights-of-way were dedicated in conjunction with the original 1913 Washington Addition to
Pasco plat for both East Helena Street, located along the north property line of Block 5, and
South Sprague Avenue, which runs along the west side of block 5. East Helena Street has
been recently improved in conjunction with the Empire Estates subdivision to the north.
South Sprague Avenue will need to connect East Helena to East "A" Street in conjunction
with any future development.
10. This site lies within the Pasco Landfill Groundwater Protection Area (see City of Pasco
Municipal Code Section 16.15.060). Any domestic water wells on the property must be
decommissioned in accordance with WAC 173-160; all future water use on the property
(domestic and landscaping) must be sourced from the City of Pasco.
11. 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:
11.1 The date the existing zone became effective:
Z 2022 004
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11.1.1 The current zoning classification of RT (Residential Transition) became
effective on July 23, 1994, upon annexation into the City.
11.2 The changed conditions, which are alleged to warrant other or additional zoning:
11.2.1 Both low- and high-density residential uses have been developed to the east
of the site. Currently, this property is undeveloped; two new 1 -million -
square -foot Amazon fulfillment center buildings are currently under
construction nearby, as well as other sizable industrial developments;
considering the new industries coming to the area there is an increased need
for affordable housing (both rental and home ownership) in Pasco.
11.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
12.3.1 The proposed 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 development of Low -Density Residential uses in the area, providing
housing opportunities for Pasco residents.
11.4 The effect it will have on the value and character of the adjacent properties and the
Comprehensive Plan:
11.4.1 A change in zoning classification may ultimately result in the development of
Low -Density Residential housing consistent with the Comprehensive Plan.
Any development will require developers to install/upgrade street, utilities,
and landscaping in the area, thus improving the value of surrounding
properties.
11.5 The effect on the property owner or owners if the request is not granted:
11.5.1 Because the RT zoning only permits a single family home on a minimum of
5 acres for development, and the property comprises approximately 2.17
acres, any proposed residential uses would be prohibited. Applicants will be
severely limited by the constraints of the RT zoning designation in their
ability to either develop or to sell the property.
12. Public notice of this hearing was sent to property owners within 300 feet of the property and
in the Tri -City Herald on May 24, 2022.
13. Applicant wishes to rezone the property south of East Helena Street between South Road 30
East and Rama Court from RT to R-1.
14. The site is Block 5 of the 1913 Washington Addition to Pasco plat.
15. The site was annexed into the City and assigned RT zoning in 1994 in conjunction with
annexation.
16. The site comprises approximately 2.17 acres.
17. The site is vacant.
18. The current Comprehensive Plan land use designation is Low -Density Residential
19. The Low -Density Residential land use designation allows for R -S-20, R -S-12, R -S -I, R-1, R-
1 -A, and R -1-A2 zoning.
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20. Both low- and high-density residential uses have been developed to the east of the site.
21. Rights-of-way were dedicated for both East Helena Street, and South Sprague Avenue.
22. East Helena Street has been recently improved in conjunction with the Empire Estates
subdivision to the north.
23. The South Sprague Avenue right-of-way runs along the west side of block 5.
24. South Sprague Avenue will need to connect East Helena to East "A Street in conjunction with
any future development.
25. The proposed zoning request is consistent with the Comprehensive Plan.
26. The Comprehensive Plan has been determined to be in the best interest of advancing public
health, safety, and general welfare of the community.
27. Any development will require developers to install/upgrade street, utilities and landscaping in
the area.
28. The RT zoning permits single family homes on a minimum of 5 acres for development.
29. The site lies within the Pasco Landfill Groundwater Protection Area
30. Any domestic water wells on the property must be decommissioned in accordance with WAC
173-160
31. All future water use on the property (domestic and landscaping) must be sourced from the
City of Pasco.
32. An open record public hearing after due legal notice was held June 8, 2022 via
videoconference.
33. Appearing and testifying on behalf of the applicant was Adan Suarez. Mr. Suarez stated he is
the agent for the property owner and Applicant. He testified that he agreed with all
representations in the staff report.
34. No member of the public testified at the hearing.
35. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
36. 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 25.86.060. The criteria
are as follows:
The proposal is in accordance with the goals and policies of the Comprehensive Plan.
1.1 The proposal supports the following Comprehensive plan goals: Land Use Goal LU -
3: Maintain established neighborhoods and ensure new neighborhoods are safe and
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enjoyable places to live; Land Use Goal LU -4: Increase community accessibility
through proper land use planning; Land Use Goal LU -5: Maintain a broad range of
residential land use designations to accommodate a variety of lifestyles and housing
opportunities; Land Use Policy LU -5-A Policy: Allow a variety of residential
densities throughout the UGA; Land Use Goal LU -6: Encourage distinctive quality
community and regional commercial and industrial developments that support the
city's overall development goals; Housing Goal H-1: Encourage housing for all
economic segments of the city's population consistent with the local and regional
market; Housing Goal H-3: Encourage housing design and construction that ensures
long term sustainability and value; Housing Goal H4: Support efforts to provide
affordable housing to meet the needs of the community.
The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 Both low- and high-density residential uses have been developed to the east of the
site. Currently, this property is undeveloped; the immediate area is shown in the
Comprehensive Plan for Low -Density Residential zoning. Low -Density Residential
zoning permits the R-1 (General Commercial Medium) zoning district. The proposed
rezone is consistent with the referenced plans and will not be detrimental to future
nearby developments that will need to conform to the provision of the plans.
3. There is merit and value in the proposal for the community as a whole.
3.1 The proposed zoning is consistent with the Plan's Land Use Map. Land Use Goal
LU -3 requires the City to maintain established neighborhoods and ensure new
neighborhoods are safe and enjoyable places to live; Land Use Goal LU -4 directs the
city to increase community accessibility through proper land use planning; Land Use
Goal LU -5 requires the City to maintain a broad range of residential land use
designations to accommodate a variety of lifestyles and housing opportunities; Land
Use Policy LU -5-A suggests the city allow a variety of residential densities
throughout the UGA; Housing Goal H-1 directs the City to encourage housing for all
economic segments of the city's population consistent with the local and regional
market; Housing Goal H-3 requires the city to encourage housing design and
construction that ensures long term sustainability and value; Housing Goal H-4 tells
the city to support efforts to provide affordable housing to meet the needs of the
community. 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.
4.1 The Pasco Municipal Code includes design standards for Low -Density Residential
development. If or when applicants pursue the development of these properties, they
will be required to conform to design standards established by the PMC. No special
conditions are proposed.
A Concomitant Agreement should be entered into between the City and the petitioner, and if
so, the terms and conditions of such an agreement.
5.1 A concomitant agreement is not considered necessary for this application.
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Broetje Orchards, LLC
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6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
M. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL that Block 5, Washington Addition to Pasco (Parcel 113881024)
located at south of East Helena Street between South Road 30 East and Rama Court be rezoned from
RT (Residential Transition) to R-1 (Low -Density Residential).
Dated this day of June, 2022.
CITY W PASCO HEARING EXAMINER
L.
Z 2022 004
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