HomeMy WebLinkAbout4609 Ordinance - Eickmeyer Mullen Rezone RT to R-4 (Z 2022-007) - 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 # 1966546 ORDIN
09/21/2022 01:28 PM
16 Page(s) $218.50
Matt Beaton. Auditor
Franklin Co., WA
PHONE # (509) 544-3096
DOCUMENT TITLE(S) (or transaction contained therein)
1. Ordinance No. 4609
2. Z 2022-007
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. New Tradition Homes
2. Lee Eickmever
3. Nicole Sticknev
4. AHBL
Additional names on page of document
LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
09-29-09, THE NORTH HALF OF SECTION 9, TOWNSHIP 9 NORTH, RANGE 29 EAST W.M.
❑ Additional legal is on page of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
116-030-027
❑ 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. 4609
AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED NEAR THE SOUTHEAST CORNER
OF NORTH ROAD 68 AND BURNS ROAD, PASCO, WASHINGTON, FROM
RT TO R-4 WITH RESTRICTIONS AS CONTAINED IN THE CONCOMITANT
AGREEMENT.
WHEREAS, Petitioner Nicole Stickney/AHBL, on behalf of buyer New Tradition Homes,
seeks to rezone the parcel segregation of Parcel No. 116-030-027, located at near the Southeast
corner of North Road 68 and Burns Road, in Pasco, Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of 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 August 10, 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 required under these circumstances; and (f) the proposed rezone is consistent with
and satisfies all criteria set forth in PMC Section 25.210.060; 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 reference as Exhibit
A.
Ordinance Rezone Z 2022-007 Eickmeyer/Mullen - 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-4 (High -Density Residential) for the real property as shown in the
Exhibit B attached hereto and described as follows:
That portion of the Northeast Quarter of Section 9, Township 9 North, Range 29
East, Willamette Meridian, Franklin County, Washington described as follows:
Commencing at the Northeast corner of said Northeast Quarter; thence South
89°40'37" West along the north line thereof a distance of 844.22 feet, more or less,
to the Northwest corner of the Final Plat of Three Rivers West Phase 4, as recorded
in Volume D of Plats at page 523, under Auditor's File Number 1859024, Record
of Franklin County, Washington, being the True Point of Beginning;
thence leaving the north line of said Northeast Quarter, South 01'34'24" East along
the west line of Three Rivers West Phase 4 and along the west line of the Final Plat
of Three Rivers Drive Phase 2 as recorded in Volume D of Plats at page 477, under
Auditor's File Number 1832596, Records of Franklin County, Washington, a
distance of 1243.93 feet, more or less, to the apparent intersection of the centerline
of Three Rivers Drive with the west line of said Phase 2; thence leaving said west
line, South 88°55'26" West a distance of 258.60 feet to the beginning of a curve
concave to the Southeast Having a radius of 500.00 feet; thence Southwesterly
along the arc of said curve, through a central angle of 239 2' 10" a distance of 202.48
feet; thence South 65°43'16" West a distance of 361.84 feet to the beginning of a
curve concave to the northwest Having a radius of 500.00 feet; thence Westerly
along the arc of said curve through a central angle of 1'07'33" a distance of 9.82
feet to the southeast corner of 'Segregation Area 3' as described in Quit Claim Deed
recorded under Auditor's File Number 1929250, Records of Franklin County
Washington; thence North 00°19'23" West along the east line of said 'Segregation
Area 3' and along the east line of 'Segregation Area 2' as described in Quit Claim
Deed recorded under Auditor's File Number 1929252, Records of Franklin County,
Washington, a distance of 1440.88 feet to the northeast corner of said 'Segregation
Area 2' and the north line of said Northeast Quarter; thence North 89°40'37" East
along said north line a distance of 767.56 feet to the Point of Beginning and the end
of this description (Parcel Segregation of Parcel #116-030-027).
Comprising Approximately 26 acres, more or less.
Ordinance Rezone Z 2022-007 Eickmeyer/Mullen - 2
Section 2. That the change of the zoning classification as provided in Section 1 is
contingent and conditioned upon the execution and compliance with a Concomitant Agreement
entered into between the Petitioner and the City which will attach to and run with the real property
described in Section 1 above. Said Concomitant Agreement is attached to this Ordinance as
Exhibit C.
Section 3. This Ordinance shall take full force and effect five (5) days after approval,
passage and publications required by law.
PASSED by the City Council of the City of Pasco, Washington this 19th day of September,
2022.
(,-,/
Blanche Barajas
F'bf�ne
Mayor
v
ATTEST:
Debra Barham, CMC
City Clerk
Published: cj / 2- z / 2- 2 -
Ordinance
Ordinance Rezone Z 2022-007 Eickmeyer/Mullen - 3
APPROVED AS TO FORM:
CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2022-007 )
Nicole Stickney/AHBL )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
August 10, 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 Legal. The Parcel Segregation of Parcel #116-030-027. That portion of the Northeast
Quarter of Section 9, Township 9 North, Range 29 East, Willamette Meridian,
Franklin County, Washington described as follows:
Commencing at the Northeast comer of said Northeast Quarter; thence South
89°40'37" West along the north line thereof a distance of 844.22 feet, more or less, to
the Northwest corner of the Final Plat of Three Rivers West Phase 4, as recorded in
Volume D of Plats at page 523, under Auditor's File Number 1859024, Record of
Franklin County, Washington, being the True Point of Beginning;
thence leaving the north line of said Northeast Quarter, South 01'34'24" East along
the west line of Three Rivers West Phase 4 and along the west line of the Final Plat
of Three Rivers Drive Phase 2 as recorded in Volume D of Plats at page 477, under
Auditor's File Number 1832596, Records of Franklin County, Washington, a distance
of 1243.93 feet, more or less, to the apparent intersection of the centerline of Three
Rivers Drive with the west line of said Phase 2; thence leaving said west line, South
88°55'26" West a distance of 258.60 feet to the beginning of a curve concave to the
Southeast Having a radius of 500.00 feet; thence Southwesterly along the arc of said
curve, through a central angle of 23°12'10" a distance of 202.48 feet; thence South
65°43'16" West a distance of 361.84 feet to the beginning of a curve concave to the
northwest Having a radius of 500.00 feet; thence Westerly along the arc of said curve
through a central angle of 1 °07'33" a distance of 9.82 feet to the southeast comer of
'Segregation Area 3' as described in Quit Claim Deed recorded under Auditor's File
Number 1929250, Records of Franklin County Washington; thence North 00°19'23"
West along the east line of said 'Segregation Area 3' and along the east line of
'Segregation Area 2' as described in Quit Claim Deed recorded under Auditor's File
Number 1929252, Records of Franklin County, Washington, a distance of 1440.88
feet to the northeast corner of said 'Segregation Area 2' and the north line of said
Z 2022 007
Stickney/AHBL
Page I of 8
Northeast Quarter; thence North 89°40'37" East along said north line a distance of
767.56 feet to the Point of Beginning and the end of this description.
1.2 General Location: Said property is situated near the Southeast corner of North Road
68 and Burns Road, Pasco, Franklin County, WA 99301.
1.3 Proper Size: Approximately 26 acres (1,132,560 square feet).
1.4 Applicant: Nicole Stickney/AHBL, 5804 Rd 90, Suite H, Pasco WA 99301.
1.5 ft, west- Rezone the northern portion of parcel 116030027 from RT (Residential
Transition) to R-4 (High -Density Residential).
2. ACCESS: The parcel will have access from Burns Road to the north and Three Rivers Drive
to the south. Both Burns Road and Three Rivers Drive connect to Road 68 to the west.
3. UTILITIES: Municipal water and sewer are available in Road 68 to the west and Three
Rivers Drive.
4. LAND USE AND ZONING: The lot is zoned RT (Residential Transition) and is vacant.
Surrounding properties are zoned and developed as follows:
North:
RS40 (County) SFDUs
East:
R-1 SFDUs
South:
RT Vacant
West:
C-1 Vacant
COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for
Mixed Residential -Commercial development. According to the Comprehensive Plan, the
Mixed Residential -Commercial designation allows for 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.
Permissible zoning includes R-1 through R-4; C-1, O; and Waterfront.
6. ENVIRONMENTAL DETERAHNATION: The City of Pasco is the lead agency for this
project. Based on the SEPA checklist (SEPA 2020-072), the adopted City Comprehensive
Plan, City development regulations, and other information, a threshold determination
resulting in a Determination of Non -Significance (DNS) was issued for this project on July
25, 2022 under WAC 197-11-340(2).
7. REQUEST: Nicole Stickney/AHBL, on behalf of buyer New Tradition Homes, has applied
to change the zoning designation of a 26 -acre parcel near the Southeast corner of North Road
68 and Burns Road, from RT (Residential Transition) to R-4 (High -Density Residential) to
facilitate future residential development of the property. Per PMC 25.25.050 (RT Residential
Transition District), the minimum area of all newly created parcels within this district is 5
acres. Taking into consideration the required right-of-way to be dedicated on Burns Road and
Three Rivers Drive, the parcel has a potential for 5 building lots under the RT zoning
designation; by contrast, the R-4 zoning district only requires a 4,000 square -foot minimum
lot size for single-family dwelling units, and 1,500 square feet of lot area for multi -unit
dwellings and zero -lot -line homes, allowing for the development of between approximately
280 lot -line homes or around 750 apartment units.
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8. SITE: The site comprises approximately 26 acres (1,132,560 square feet) and has been
rotation -crop farmed for several years. The Comprehensive Plan designates the lot "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 Mixed-use
residential and commercial uses. Residential density may range from 5 to 29 dwelling units
per acre in the "Mixed Residential/Commercial" designated area. The site borders future
extensions of both Burns Road to the north and Three Rivers Drive to the south. Both of these
road rights -of way will need to be dedicated and extended to road 68 to the west and to their
existing counterpart roads to the east as part of the subdivision process.
9. HISTORY: The site was annexed into the City in 1981 and assigned RT (Residential
Transition) zoning in conjunction with the annexation (Ordinance #2388). The site has not
been rezoned since. The two parcels to the west were recently rezoned from RT to C-1
(Ordinance 4581) in anticipation of a future community health center.
10. 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:
10.1 The date the existing zone became effective:
10.1.1 The site was assigned RT (Residential Transition) zoning in conjunction with
the 1996 annexation. Zoning for the site has not changed since then.
10.2 The changed conditions, which are alleged to warrant other or additional zoning:
10.2.1 The City of Pasco has been growing in the last twenty years. New
subdivisions have been built to the east and west, as well as new multi -family
housing to the west of the site.
10.2.2 The purpose of the Residential Transition zone, per PMC 25.25.010 is as
follows: "The R -T district is intended to be applied or assigned to areas that
are essentially undeveloped, however, ultimately intended for suburban or
urban residential use."
10.2.3 City Council has recently approved an update to the Comprehensive Plan;
The revised Land Use Element of the approved Plan designates the property
"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 Mixed-use residential and commercial uses.
Applicant is requesting R-4 zoning. The proposed rezone would allow the
site to be developed as intended with density consistent with the surrounding
subdivisions, which could not be done under the existing zoning which only
permits very low density.
10.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
10.3.1 The existing RT (Residential Transition) zoning acts as a "holding pattern,"
pending appropriate utility and transportation facility development for areas
within the Urban Growth Area (UGA).
10.3.2 The rezone will allow infill development to occur on the parcel providing
more housing in a growing community. The current agricultural land use has
long been expected to transition to other uses, as it is located in a very
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11
12.
intensively developed area of the city, surrounded by residential uses and
with ready access to infrastructure to support residential development.
10.3.3 The rezone application is 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.
10.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
10.4.1 The area consists primarily of agricultural uses surrounded by suburban
residential to the east, commercial to the south and southwest, and high-
density residential to the west. The rezone application would be consistent
with the character of the adjacent property and in alignment with the
Comprehensive Plan.
10.4.2 The proposed zoning is consistent with the comprehensive plan whereas the
current zoning designation is not. According to the table in Pasco Municipal
Code (PMC) 25.215.015, the Mixed Residential and Commercial
classification is intended to "Allow a combination of mixed-use residential
and commercial in the same development. Single-family dwellings, patio
homes, townhouses, apartments, and condominiums at a density of 5 to 29
dwelling units per acre. Neighborhood shopping and specialty centers,
business parks, service and office uses."
10.4.3 The residential zoning that implements that classification is zoning Districts
R-1 through R-4. Further, the adjacent property's value and character are not
anticipated to be negatively affected as converting the current agricultural
use to a residential use is consistent and compatible with the surrounding
existing development which includes commercial, multi -family, and single
family.
10.5 The effect on the property owner or owners if the request is not granted:
10.5.1 The property owners have a contracted purchaser who is requesting the
rezone. Without the rezone the property owners would be affected directly by
the property likely not selling. The land would likely remain agricultural
land, or very low density single-family residential not consistent with the
surrounding properties, despite the fact that to the east, west, and south the
land has continually been developed with commercial and residential uses
over the last two decades.
10.6 The Comprehensive Plan land use designation for the property:
10.6.1 The Land Use Element of the Plan now designates the lot "Mixed
Residential/Commercial." The "Mixed Residential/Commercial" designation
allows for R-1 through R-4, C-1 and O, and Waterfront zoning and may be
developed with Mixed-use residential and commercial uses.
The rezone application is consistent with and meets the intent of the Comprehensive Plan,
and City Council.
Right of Way dedication and ROW Improvements will be required at the time of
development. As well, a traffic impact analysis will need to be completed for this
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development to understand the impacts the development may have on the existing City
infrastructure.
13. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri -City Herald on July 12, 2022.
14. Applicant wishes to change the zoning designation of a 26 -acre parcel near the Southeast
corner of North Road 68 and Bums Road, from RT to R4.
15. The minimum lot area for the RT district is 5 acres.
16. The parcel may be subdivided into 5 residential building lots under the RT zoning.
17. The minimum lot size for SFDUs in the R-4 zoning district is 4,000 square feet.
18. The minimum lot size for multi -unit dwellings in the R-4 zoning district is 1,500.
19. R-4 zoning would allow for approximately 280 lot -line homes or 750 apartment units.
20. The site comprises approximately 26 acres (1,132,560 square feet).
21. The site has been farmed for several years.
22. The Comprehensive Plan designates the lot "Mixed Residential/Commercial"
23. The "Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1, O, and
Waterfront zoning.
24. The "Mixed Residential/Commercial" designation may be developed with Mixed-use
residential and commercial uses.
25. The "Mixed Residential/Commercial" designation allows for 5 to 29 dwelling units per acre.
26. The site borders future extensions of both Burns Road and Three Rivers Drive.
27. Both Burns Road and Three Rivers Drive rights -of way will need to be dedicated.
28. Both Burns Road and Three Rivers Drive need to be extended to the east and west.
29. The site was annexed into the City in 1981.
30. The site was assigned RT (Residential Transition) zoning in conjunction with the annexation.
31. The site has not been rezoned since annexation.
32. The two parcels to the west were recently rezoned from RT to C-1.
33. The two parcels to the west were rezoned in anticipation of a community health center.
34. The following comments were received from the public prior to staff's preparation of the
staff report:
34.1 Email/Letter dated August 9, 2022 from Crystal Contreras who had concerns
regarding adjacent zoning, structure height, and vegetation.
34.2 Email/Letter dated August 9, 2022 from Brian Teachout who had concerns regarding
the predictability of the new land use designation, residential density, tall buildings
and no privacy.
34.3 Email/Letter dated August 9, 2022 from Shane O'Neill who had concerns regarding
land use designations, amendment of the Comprehensive Plan, residential density,
tall buildings and privacy.
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35. The following comments were received from the public after stags preparation of the staff
report:
35.1 August 10, 2022 email from Michael Hood with attached rezone petition;
35.2 August 10, 2022 email from Shane O'Neill;
35.3 August 9, 2022 email from Julio Garcia;
35.4 August 9, 2022 email from Chelsea Burshaw;
35.5 August 9, 2022 email from Kelsey Solano;
35.6 August 9, 2022 email from Adreana Garcia;
35.7 August 10, 2022 email from Jason Loos;
35.8 August 10, 2022 email from Ryan Moore;
35.9 August 10, 2022 email from Curtis John;
35.10 August 10, 2022 email from Karalee Ballantyne;
35.11 August 10, 2022 email from Nate Davenport;
35.12 August 9, 2022 email from Raymond Bennett;
35.13 August 9, 2022 email from Greg Hood;
35.14 August 9, 2022 email from Michael Hood.
36. An open record public hearing after due legal notice was held August 10, 2022, with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
37. Appearing and testifying on behalf of the Applicant was Nicole Stickney. Ms. Stickney
testified that she was an agent of the Applicant and property owner and authorized to speak
and testify on their behalf. Ms. Stickney testified that it was builder's intention to build single
family residences on the subject property and not apartments. However, upon questioning by
the Hearing Examiner, she indicated that she had no authority to speak on behalf of the
property owner on this subject. Ms. Stickney testified consistent with the application
materials and indicated that she was in agreement with the representations set forth in the
staff report. Prior to the record being closed on the night of the hearing, the Hearing
Examiner indicated that the Hearing Examiner would entertain a request to reopen the
hearing from the Applicant if the Applicant received any information from the property
owner regarding any agreement not to construct apartments on the subject property. On
August 15, 2022, the Hearing Examiner received a request to reopen the hearing from the
Applicant's agent. The Hearing Examiner granted this request to reopen the hearing.
Admitted into the record was an August 12, 2022 letter to the Hearing. Examiner, an August
12, 2022 transmittal form from the Applicant to the City of Pasco, and an August 12, 2022
amended rezone application. The rezone application remained the same except the Applicant
and property owner were now proposing a concomitant agreement to exclude courtyard
apartments as an allowed use as a condition of this rezone. The Hearing Examiner closed the
record after receiving these documents.
38. Appearing and testifying from the public were the following individuals:
38.1 Brian Teachout. Mr. Teachout testified consistent with his written materials.
38.2 Shane O'Neill. Mr. O'Neill testified consistent with his written materials.
38.3 Patricia Green. Ms. Green testified of her concerns that there is no specific proposal
being presented with this rezone application. She wants to see actual development
plans.
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38.4 Jodi Cla on. Ms. Clayton testified as to her concerns regarding increased traffic if
there is a high density development and her concerns as to traffic at the intersection
of Three Rivers and Rio Grande.
38.5 Tain Ballan ne. Mr. Ballantyne testified as to his concerns regarding his house being
at a lower elevation so that the Applicant's houses would look down on his.
38.6 Michael Hood. Mr. Hood testified consistent with his written materials.
38.7 Brian Moore. Mr. Moore testified that at the corner of Three Rivers and Rio Grande
intersection the stop signs are routinely ignored. Increased traffic will result in
increased traffic risks.
39. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
40. 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:
The proposal is in accordance with the goals and policies of the Comprehensive Plan.
1.1 The Comprehensive Plan indicates the site is intended for Mixed Residential -
Commercial development. According to the Comprehensive Plan, the Residential -
Commercial designation allows for 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. Permissible zoning includes R-1 through R-4; C-1, O;
and Waterfront
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 The Comprehensive Plan designates the property "Mixed Residential -Commercial."
As such, the site may be zoned R-1 through R-4; C-1, and/or O.
3. There is merit and value in the proposal for the community as a whole.
3.1 There is merit in increasing housing opportunities available in those areas currently
served by municipal utilities. 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).
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
4.1 No special conditions are proposed.
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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.
6. With this concomitant agreement prohibiting the site from being developed with courtyard
apartments, this rezone application is consistent with the Pasco Comprehensive Plan.
7. 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 the Parcel Segregation of Parcel #116-030-027 situated near the
Southeast corner of North Road 68 and Burns Road, Pasco, Franklin County, WA Washington, be
rezoned from RT to R-4, provided that the Applicant enter into a concomitant agreement prohibiting
the site from being developed with courtyard apartments.
Dated this 23rd day of August, 2022.
CITY F `ASCq H 7E
A _ w L. Kottkamp
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CONCOMITANT ZONING AGREEMENT
WHEREAS, the City of Pasco, Washington, a non -charter code city, under the laws
of the State of Washington (Chapter 35A.63 R.C.W. and Article 11, Section 11 of the
Washington State Constitution) has authority to enact laws and enter into agreements to
promote the health, safety and welfare of its citizens, and thereby control the use and
development of property within its jurisdiction; and
WHEREAS, the Owner(s) of certain property have applied for a rezone of such
property described below within the City's jurisdiction; and
WHEREAS, the City pursuant to R.C.W. 43.12(c), the State Environmental Policy
Act, should mitigate any adverse impacts which might result because of the proposed rezone;
and
WHEREAS, the City of Pasco and the Owner(s) are both interested in compliance
with the Pasco Municipal Code provisions relating to the use and development of property
situated in the City of Pasco, described as follows:
Commencing at the Northeast corner of said Northeast Quarter; thence South
89°40'37" West along the north line thereof a distance of 844.22 feet, more or less, to
the Northwest corner of the Final Plat of Three Rivers West Phase 4, as recorded in
Volume D of Plats at page 523, under Auditor's File Number 1859024, Record of
Franklin County, Washington, being the True Point of Beginning;
thence leaving the north line of said Northeast Quarter, South 01°34'24" East along
the west line of Three Rivers West Phase 4 and along the west line of the Final Plat of
Three Rivers Drive Phase 2 as recorded in Volume D of Plats at page 477, under
Auditor's File Number 1832596, Records of Franklin County, Washington, a distance
of 1243.93 feet, more or less, to the apparent intersection of the centerline of Three
Rivers Drive with the west line of said Phase 2; thence leaving said west line, South
88°55'26" West a distance of 258.60 feet to the beginning of a curve concave to the
Southeast Having a radius of 500.00 feet; thence Southwesterly along the arc of said
curve, through a central angle of 23°12'10" a distance of 202.48 feet; thence South
65°43'16" West a distance of 361.84 feet to the beginning of a curve concave to the
northwest Having a radius of 500.00 feet; thence Westerly along the arc of said curve
through a central angle of 1 °07'33" a distance of 9.82 feet to the southeast corner of
'Segregation Area 3' as described in Quit Claim Deed recorded under Auditor's File
Number 1929250, Records of Franklin County Washington; thence North 00°19'23"
West along the east line of said 'Segregation Area 3' and along the east line of
'Segregation Area 2' as described in Quit Claim Deed recorded under Auditor's File
Number 1929252, Records of Franklin County, Washington, a distance of 1440.88
feet to the northeast corner of said 'Segregation Area 2' and the north line of said
Northeast Quarter; thence North 89°40'37" East along said north line a distance of
767.56 feet to the Point of Beginning and the end of this description (Parcel
Segregation of Parcel #116-030-027).
Comprising Approximately 26 acres, more or less.
WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of
Pasco, its Hearing Examiner and Planning Department to ensure compliance with the Pasco
Zoning Code, and all other local, state and federal laws relating to the use and development of
the above described property; and
WHEREAS, the City, in addition to civil and criminal sanctions available by law,
desires to enforce the rights and interests of the public by this concomitant agreement, NOW,
THEREFORE,
In the event the above-described property is rezoned by the City of Pasco to R-4 (High -
Density Residential) and in consideration of that event should it occur, and subject to the
terms and conditions hereinafter stated, the applicant does hereby covenant and agree as
follows:
1. The Owner(s) promise to comply with all of the terms of the agreement in the event the
City, as full consideration herein grants a rezone on the above-described property.
2. The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement.
3. This agreement shall be binding on their heirs, assigns, grantees or successors in
interest of the Owner(s) of the property herein described.
4. Conditions:
1. Uses shall be restricted to the following:
Courtyard Apartments shall not be an allowable use for the subject property.
The person(s) whose names are subscribed herein do hereby certify that they are the
sole holders of fee simple interest in the above-described property:
STATE OF WASHINGTON)
County of Franklin
On this
undersigned, duly
Owner:
ss.
day of , 2022, before me, the
commissioned and sworn, personally appeared
to
me known to be the individual(s) described above and who executed the within
and foregoing instrument as an agent of the owner(s) of record, and
acknowledged to me that he/she/they signed the same as his/her/their free and
voluntary act and deed, for the uses and purposes therein mentioned, and on
oath stated that he/she/they is/are authorized to execute the said instrument.
GIVEN under by hand and official seal this day of
92022.
Notary Public in and for the State
of Washington, residing at