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HomeMy WebLinkAbout4615 Ordinance - Road 40 LLC Rezone I-1 to I-2 (Z 2022-009) - 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: DOCUMENT TITLE(S) (or transaction contained therein) 1. Ordinance No. 4615 2. Z2022-009 3. GRANTOR(S) (Last name, first name, middle name/initials): 1. Citv of Pasco 2. 3. 4. Ej Additional names on page of document GRANTEE(S) (Last name, first name, middle name/initials): 1. Nicole Stickney 2. AHBL 3. Pasco Road 40 LLC 4. ❑ Additional names on page of document LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range) 34-30-09, PTN S2SW4 & S2N2SW4 LY N OF 34-9-30 S P & S RR ❑✓ Additional legal is on page 2 of document AUDITOR'S REFERENCE NUMBER(S) ASSESSOR'S PROPERTY TAX PARCEL NUMBER 112-540-082 ❑ 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 AFN # 1969583 ORDIN 12/14/2022 12:39 PM 10 Page(s) $212.50 Matt Beaton. Auditor Franklin Co.. WA PHONE # (509) 544-3096 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. 4615 AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LYING NORTH OF NORTHEASTERLY RIGHT OF WAY LINE OF SPOKANE, PORTLAND & SEATTLE RAILWAY COMPANY ALONG THE WEST SIDE OF ROAD 40 EAST. WHEREAS, Nicole Stickney/AHBL, acting on behalf of Petitioner, Pasco Road 40 LLC; seeks to rezone Parcel No. 112540082, located along the west side of Road 40 East, 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 September 14, 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 will be 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 proposal is consistent with and satisfies all criteria 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. 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 I-1 Ordinance Road 40 LLC Rezone (Z 2022-009) — 1 (Light Industrial) to 1-2 (Medium Industrial) for the real property as shown in the Exhibit B attached hereto and described as follows: 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) Comprising approximately 70.79 acres, more or less. Section 2. 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 on this 5h day of December, 2022. Blanche Barajas Mayor ATTEST: Debra Barham, CMC City Clerk Ordinance Road 40 LLC Rezone (Z 2022-009) — 2 APPROVED AS TO FORM: Kerr F son Law, PLLC Ci ttorneys 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 PROPERTY/APPLICATION DESCRIPTION: 1.1 Legal_ 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. 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: I-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, 1-2 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. 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 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, 1-2, 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 10.1.1 The site was assigned RMH-2 (Mobile Home Park) zoning in conjunction with the 1979 annexation. The site was rezoned to I-1 (Light Industrial) in 1992. 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 two decades. New subdivisions have been built to the north of the industrial designated area within the last decade and employment opportunities in the industrial sector are necessary to aid the economy of Pasco. Additionally, the industrial market has more recently seen a need for more diverse manufacturing type uses. The I-2 zoning district more readily accommodates these types of uses as it is established to provide areas for necessary industrial and related uses that could create problems of compatibility with other land uses. Given the changes in the market and growth in the area, the request for a rezone to 1-2 may be appropriate. The "Industrial" designation allows for I-1, I-2, and 1-3 zoning and may be developed with Industrial uses. Applicant is requesting I- 2 zoning. The proposed rezone would allow the site to be developed as intended with uses consistent with parcels to the north and northeast, which could not be done under the existing zoning which only permits light industrial uses. 10.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 10.3.1 A rezone of this parcel from I-1 to I-2 is logical because it is located in an area that is, with the exception of the manufactured home park to the east, already devoted to industrial uses. The 1-2 zoning district allows uses that have the potential to generate noise, light, odor, fumes or smoke. There are several parcels to the south of the site that have the 1-3 Heavy Industrial zoning designation and the parcels to the north of the site have the I-2 zoning designation. Concentrating the heavier industrial zones in this area provides a necessary space for industrial development. With the exception of property to the east, this advances public health, safety and general welfare by limiting potential nuisances and negative externalities to an area where heavier industrial uses are currently allowed. 10.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 10.4.1 Except for the mobile home park property to the east, the change in zoning will have little to no effect on the value and the character of the adjacent properties and the comprehensive plan. Both the current I-1 zoning and proposed 1-2 zoning implement the Industrial Comprehensive Plan land use designation, as well as the plan's various goals and policies (such as LU -6, ED -2, and ED -3) to accommodate industrial development in appropriate areas within the City. The purposes of both zoning districts are similar: 10.4.2 "The I-1 light industrial district is established to preserve areas for industrial and related uses of such a nature that they do not create serious problems of compatibility with other kinds of land uses. Uses permitted in this district should not generate noise levels, light, odor or fumes that would constitute a nuisance or hazard." (PMC 25.115.010) Z 2022 009 Stickney/AHBL Page 3 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. R. 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 -2-1) 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. 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. 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. CP..'Y OF PASCO HEARING EXAMINER L. Z 2022 009 Stickney/AHBL Page 6 of 6 t - a�\\\� ♦ \illi ..'` j ON • i //�/ 1.4 • Moo i 0 _ • _ /;/ /