HomeMy WebLinkAboutHE Recommendation Z 2022-009 Road 40 LLC I-1 to I-2 CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2022-009 )
Nicole Stickney/AHBL )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
September 14, 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� All that portion of the South Half of the southwest quarter and the south half
of the north half of southwest quarter of Section 34,Township 9 North,Range 30
East,W.M., lying north of northeasterly right of way line of Spokane,Portland&
Seattle Railway Company, EXCEPT that portion thereof conveyed to Northern
Pacific Railway Company by deed recorded in Volume 46 of Deeds page 246,and
EXCEPT portion to City of Pasco(Parcel 112540082).
1.2 General Location: Said property is situated along the west side of Road 40 East,
Pasco, Franklin County, WA 99301.
1.3 Property Size: Approximately 70.79 acres(3,083,612.4 square feet).
1.4 Applicant:Nicole Stickney/AHBL, 5804 Rd 90 Suite H, Pasco WA 99301.
1.5 Request Rezone Parcel 112540082 from I-1 (Light Industrial)to I-2(Medium
Industrial).
2. ACCESS: The parcel has access from Road 40 East.
3. UTILITIES:Municipal water and sewer are available in Road 40 East.
4. LAND USE AND ZONING: The lot is zoned I-1 (Light Industrial)and is vacant.
Surrounding properties are zoned and developed as follows:
North: I-2 Vacant
East: RP Lakeview Manufactured Home Park
South: 1-3 BNSF Railroad
West: I-2 Vacant
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for
Industrial development.According to the Comprehensive Plan,the Industrial designation
allows for Manufacturing, food processing, storage and wholesale distribution of equipment
Z 2022 009
Stickney/AHBL
Page 1 of 6
and products,hazardous material storage, and transportation-related facilities. Zoning may
include I-1, I-2 and I-3. LU-2-A Policy: Maintain sufficient land designated to accommodate
residential, commercial, industrial, educational, public facility,and open-space uses
proximate to appropriate transportation and utility infrastructure. LU-2-D Policy: Encourage
the use of buffers or transition zones between non-compatible land uses. LU-6-E Policy:
Support the Growth Management Act's goal to encourage growth, including industrial
growth, in urban areas. ED-2-13 Policy: Encourage development of a wide range of
commercial and industrial uses strategically located near major transportation corridors or
facilities and in close proximity to existing or proposed utility infrastructure while supporting
local and regional needs. ED-2-C Policy: Continue to pursue the development of existing
industrially zoned properties that may be serviced by existing or planned utilities.ED-3-A
Policy:Enhance compatibility of commercial and industrial development with residential and
mixed-use neighborhoods with appropriate landscaping, screening,building and design
standards.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the SEPA checklist(SEPA 2020-076),the adopted City Comprehensive
Plan, City development regulations, and other information,a threshold determination
resulting in a Mitigated Determination of Non-Significance(MDNS)was issued for this
project on September 15,2022 under WAC 197-11-340(2). This DNS has not been appealed.
7. REQUEST:Nicole Stickney/AHBL, on behalf of Pasco Road 40 LLC, has applied to change
the zoning designation of a 70.79-acre parcel along the west side of Road 40 East, from I-1
(Light Industrial) to I-2 (Medium Industrial) to match the adjacent northern parcel
(112540019),as the parcels are planned to be part of the same future development.Future site
development of the two parcels, totaling 111 acres, would consist of access drives and
parking lots for a 2,150,280-square-foot Industrial Park. The project would include mass
grading, roadway construction, stormwater management, and utility extensions to develop
and serve the project. The proposed I-2 zoning would be consistent with the existing zoning
located adjacent to the north and west. Current uses in the vicinity include undeveloped/
vacant property to the north and west, agricultural uses to the northeast, and a mobile home
park to the southeast
8. SITE: The site comprises approximately 70.79 acres (3,083,612.4 square feet) and has been
vacant for several years. The Comprehensive Plan designates the lot "Industrial." The
"Industrial" designation allows for I-1, I-2, and I-3 zoning and may be developed with
Industrial uses.
9. HISTORY: The site was annexed into the City in 1979 and assigned RMH-2 (Mobile Home
Park) zoning in conjunction with the annexation (Ordinance #2042). The site was rezoned
from RMH-2 to I-1 (Light Industrial) in 1992 (Ordinance 2863), and has not been rezoned
since. Amazon Inc. has been developing two million-square-foot distribution centers on
parcels to the north and northeast, which were initially codenamed "Project Pearl" and
"Project Oyster." In addition, a special permit for a Pasco School District preschool was
approved near the south entrance of the proposed development.
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:
Z 2022 009
Stickney/AHBL
Page 2 of 6
10.4.3 "The I-2 medium industrial district is established to provide areas for
necessary industrial and related uses that could create problems of
compatibility with other land uses. Uses in this district have the potential to
generate high levels of noise, light, odor, fumes or smoke that require their
protection from encroachment by incompatible land uses." (PMC
25.120.010)
10.4.4 The proposed rezone to I-2 will match the zoning of the adjacent parcels to
the north and west and accommodates less intensive industrial uses compared
to those allowed on the parcels to the south which are zoned I-3.
10.5 The effect on the property owner or owners if the request is not granted:
10.5.1 As the proposed development involves parcels that have different zoning(I-1
and I-2), the property, in conjunction with the northern property, may not be
able to be developed as proposed if the request was not granted,as this would
create split zoned parcels, something that has historically not been allowed
within the City of Pasco. Therefore, the rezone would be necessary to
harmonize the zoning of the two parcels and allow for the proposed
development.
10.6 The Comprehensive Plan land use designation for the property
10.6.1 The current comprehensive plan land use designation is Industrial and all
surrounding parcels except for the manufactured home park to the east are
also designated as such.
10.7 Such other information as the Hearing Examiner requires
10.7.1 A special permit for a Pasco School District preschool was approved near the
south entrance of the proposed development. The intersection of the project
south driveway and the PSD preschool access point is very dangerous with a
40-mph speed limit, both vertical and horizontal curves, and blind left-hand
exit turns. This intersection needs to be evaluated for traffic safety mitigation
measures.
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 August 22, 2022.
12. An open record public hearing after due legal notice was held September 14,2022,with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
13. 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 testify
on their behalf. She indicated that he was in agreement with the representations set forth in
the staff report, except as follows:
13.1 She testified there has not been a final SEPA threshold determination;
13.2 She does not agree that a concomitant agreement is appropriate.
14. No member of the public testified at the hearing.
15. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
Z 2022 009
Stickney/AHBL
Page 4 of 6
16. 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.
1.1 The Comprehensive Plan indicates the site is intended for Industrial development.
According to the Comprehensive Plan, the Industrial designation allows for
Manufacturing, food processing, storage and wholesale distribution of equipment and
products, hazardous material storage, and transportation-related facilities. Zoning
may include I-1, I-2 and I-3.
1.2 LU-2-A Policy: Maintain sufficient land designated to accommodate residential,
commercial, industrial, educational, public facility, and open-space uses proximate to
appropriate transportation and utility infrastructure.
1.2.1 A BNSF/Port of Pasco industrial railroad spur line was recently installed
along the northern boundary of the overall site the site.
1.3 LU-2-D Policy: Encourage the use of buffers or transition zones between non-
compatible land uses.
1.3.1 As per PMC 25.180.040(5) Loading and service areas shall not face any
residential zone, unless no other location is possible. Loading and service
areas adjacent to or across a public street or alley from a residentially zoned
district shall be screened with a sight-obscuring structure matching the
architecture of the building.
1.3.2 As per PMC 25.180.040(6)(a)Parking lots that abut a public street shall be
buffered with live vegetation consisting of trees, shrubs and ground cover.
1.4 LU-6-E Policy: Support the Growth Management Act's goal to encourage growth,
including industrial growth, in urban areas.
1.5 ED-2-B Policy: Encourage development of a wide range of commercial and
industrial uses strategically located near major transportation corridors or facilities
and in close proximity to existing or proposed utility infrastructure while supporting
local and regional needs.
1.5.1 The site has easy access to highway,rail,barge, and air transportation.
1.6 ED-2-C Policy: Continue to pursue the development of existing industrially zoned
properties that may be serviced by existing or planned utilities.
1.6.1 The site is already industrially zoned; the proposal is to expand the range of
industrial uses possible on the site.
1.7 ED-3-A Policy: Enhance compatibility of commercial and industrial development
with residential and mixed-use neighborhoods with appropriate landscaping,
screening, building and design standards.
1.7.1 As per PMC 25.180.040(5) Loading and service areas shall not face any
residential zone, unless no other location is possible. Loading and service
areas adjacent to or across a public street or alley from a residentially zoned
district shall be screened with a sight-obscuring structure matching the
architecture of the building:
1.7.2 As per PMC 25.180.040(6)(a)Parking lots that abut a public street shall be
buffered with live vegetation consisting of trees,shrubs and ground cover.
Z 2022 009
Stickney/AHBL
Page 5 of 6
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 The Comprehensive Plan designates the property "Industrial." As such, the site may
be zoned I-1, I-2, or I-3.
3. There is merit and value in the proposal for the community as a whole.
3.1 Both I-1, I-2, and I-3 Industrial zoning are consistent with the Comprehensive Plan
Land Use Map and the Goals and Policies as adopted by the Pasco City Council
(Ordinance 4537). There is merit in allowing for development which could create
more manufacturing employment opportunities.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
4.1 The site is adjacent an RP (Residential Park) residential district. Conditions to
mitigate any significant adverse impacts from the proposal may be appropriate.
4.2 A special permit for a Pasco School District preschool was approved near the south
entrance of the proposed development. The intersection of the project south driveway
and the PSD preschool access point is very dangerous with a 40-mph speed limit,
both vertical and horizontal curves, and blind left-hand exit turns. This intersection
needs to be evaluated for traffic safety mitigation measures. However these issues
must be addressed as part of the site development/permitting process.
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.
5.1 A concomitant agreement will not be necessary for this rezone.
6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
III. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL that all that portion of the South Half of the southwest quarter and
the south half of the north half of southwest quarter of Section 34, Township 9 North, Range 30 East,
W.M., lying north of northeasterly right of way line of Spokane, Portland & Seattle Railway
Company, EXCEPT that portion thereof conveyed to Northern Pacific Railway Company by deed
recorded in Volume 46 of Deeds page 246, and EXCEPT portion to City of Pasco (Parcel
112540082), situated along the west side of Road 40 East, Pasco, Franklin County, WA Washington,
be rezoned from I-1 to I-2.
Dated this of September, 2022.
CITY ASC HEARING EXAMINER
An w L. Kottkamp
Z 2022 009
Stickney/AHBL
Page 6 of 6