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HomeMy WebLinkAbout4672 Ordinance - Mendoza Rezone from C-1 to C-2 (Z 2023-001) - RECORDEDFILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 9930 I ORDINANCE NO. 4672 AFN # 1977679 ORDIN 08/23/2023 02:00 PM 9 Page(s) $211.50 Matt Beaton, Auditor Franklin Co .. WA AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF WEST CLARK STREET AND NORTH 5TH AVENUE AT 528 WEST CLARK STREET (PARCEL NO. 112042085) IN PASCO, FRANKLIN COUNTY, WASHINGTON, FROM C-1 (RETAIL BUSINESS DISTRICT) TO C-2 (CENTRAL BUSINESS DISTRICT). WHEREAS, the Petitioner, Maria Mendoza, seeks to rezone Parcel No. 112042085 Pasco , Franklin County, 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 June 14, 2023; 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 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 2023-00 I -Mendoza -I 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 C-1 (Retail Business District) to C-2 (Central Business District) for the real property as shown in the Exhibit B attached hereto and described as follows: Lots 13-16, Block 14, Gerry's Addition to Pasco (528 West Clark Street; Parcel No. 112042085). Comprising approximately .32 acres Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this Ordinance. Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener's errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of Ordinances or their sections and subsections. Section 4. This Ordinance shall take full force and effect five ( 5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this 7th day of August, 2023. ~ Blanche Barajas -...._____ Mayor ATTEST: ~L _t{evl __ Debra Barham, CMC City Clerk Ordinance -Rezone Z 2023-00 I -Mendoza -2 IN THE MATTER OF Z 2023-001 Mendoza Rezone EXHIBIT 11 A 11 CITY OF PASCO HEARING EXAMINER ) ) ) ) ) ) RECOMMENDED FINDINGS OF FACT, RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION TIIIS MA TIER having come on for hearing in front of the City of Pasco Hearing Examiner on June 14 , 2023, 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 Legal : Lots 13-16, Block 14, Gerry's Addition to Pasco (528 West Clark Street; Parcel 112042085). 1.2 General Location: Said property is located at the southeast comer of North 5th Avenue and West Clark Street, Pasco, Franklin County, WA. 1.3 Property Size: Approximately .32 acres (13,999 .50 square feet). 1.4 Request: Mendoza Rezone from C-1 (Retail Business District) to C-2 (Central Business District). 2. ACCESS: The parcel has access from North 5th Avenue and West Clark Street. 3 . UTILITIES: Municipal water and sewer are available in the alley to the south of the property . 4 . LAND USE AND ZONING: The site is zoned C-1 (Retail Business District) and is developed with a former drive-through bank structure. Surrounding properties are zoned and developed as follows : NORTH: EAST: SOUTH: WEST: C-1 C-2 C-2 C-1 Vacant Retail Businesses Vacant Retail Businesses 5 . COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as "Downtown Overlay District." The Downtown Overlay District designation allows for 0, BP, C-1, C-2, C-3, and CR zoning; neighborhood, community and regional shopping and specialty centers, business parks, service and office uses may all be considered for this designation. As well , properties located within the newly created "Downtown Pasco Overlay District" (Ordinance 4658) are subject to the overlay district regulations. Per Ordinance 4658, the overlay standards are to be applied in addition to and in combination with all other district and Z 2023 001 Mendoza Rezone Page 1 of 5 development regulations contained in Title 25 Zoning. The requirements of the overlay district take precedence over the requirements of the underlying zoning regulations . 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 for this project in May 10, 2023, under WAC 197-11-158 . 7. REQUEST : Maria Mendoza has submitted a rezone application (Z 2023-001) from C-1 (Retail Business District) to C-2 (Central Business District), for Lots 13-16, Block 14, Gerry's Addition to Pasco (528 West Clark Street; Parcel 112042085), located at the southeast comer of North 5th Avenue and West Clark Street, Pasco, Franklin County, WA. 8 . SITE : The site comprises approximately .32 acres (13,999 .50 square feet) and is developed with a former drive-through bank structure . 9. HISTORY : The site was added to the Town of Pasco in 1907 as part of Gerry's Addition to Pasco. The site was rezoned from C-2 to C-1 in 1996 (Ordinance 3197) with a concomitant agreement, which included the following prohibited uses: 9.1 Membership Clubs 9.2 Taverns 9 .3 Billiard & Pool Halls 9.4 Amusement and Game Centers 9.5 Card Rooms, Bingo Parlors, Dance Halls 9.6 Sign Shops 9.7 Veterinarian Clinics 10. These prohibitions reflected many of the prohibitions for the C-2 zoning district at the time. In 2021 Pasco City Council approved Ordinance 4556, allowing all the above formerly prohibited uses except Sign Shops and Veterinarian Clinics in the C-2 zoning district. Most of these uses are not explicitly allowed in the C-1 zoning district. Applicant wishes to use the north side of the site for a Sports Bar. On April 17, 2023, City Council approved Ordinance 4658, amending Pasco Municipal Code Chapter 2.5.9.5 and creating the "Downtown Pasco Overlay District." Per Ordinance 4658, the overlay standards are to be applied in addition to and in combination with all other district and development regulations contained in Title 25 Zoning . The requirements of the overlay district take precedence over the requirements of the underlying zoning regulations . 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 : 11.1.1 The site was rezoned to C-1 (Retail Business District) zoning in in 1996 (Ordinance 3197) with a concomitant agreement. 11 .2 The changed conditions, which are alleged to warrant other or additional zoning: 11.2 .1 The site was rezoned from C-2 to C-1 in 1996 (Ordinance 3197) with a concomitant agreement, which prohibited Membership Clubs, Taverns, Billiard & Pool Halls, Amusement and Game Centers, Card Rooms, Bingo Z 2023 001 Mendoza Rezone Page 2 of5 Parlors, Dance Halls, Sign Shops, and Veterinarian Clinics, reflecting prohibitions for the fonner C-2 zoning district. City Council subsequently approved Ordinance 4556 in 2021, allowing all these uses except Sign Shops, and Veterinarian Clinics in the C-2 zoning district. Applicant wishes to use the north side of the site for a Sports Bar, which the concomitant agreement currently prohibits . 11.2.2 Tue site is located within the newly created "Downtown Pasco Overlay District" (Ordinance 4658) and is subject to the overlay district regulations . Per Ordinance 4658, the overlay standards are to be applied in addi1ion to and in combination with all other district and development regulations contained in Title 25 Zoning. The requirements of the overlay district take precedence over the requirements of the underlying district regulations . 11.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare : 11.3 .1 The rezone application is consistent with the Pasco Comprehensive Plan, which has been detennined to be in the best interest of advancing public health, safety, and general welfare of the community. The rezone would allow for Membership Clubs, Taverns, Billiard & Pool Halls, Amusement and Grune Centers, Card Rooms, Bingo Parlors, and Dance Halls, none of which are frunous for advancing the public health, safety and general welfare . 11.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan : 11 .4.1 A change in zoning classification may ultimately result in the development of a Sports Bar, which would be considered appropriate for this land use designation, in alignment with the Land Use Element of the Comprehensive Plan . The rezone application is consistent with and meets the intent of the goals and policies of the Comprehensive Plan. 11.5 The effect on the property owner or owners if the request is not granted: 11.5 .1 If the site remains with the current zoning designations the site may remain underutilized . 11 . 6 The Comprehensive Plan land use designation for the property 11.6.1 The Land Use Element of the Comprehensive Plan designates the lot "Downtown Pasco Overlay District;" the Downtown Pasco Overlay District designation allows for C-2 zoning and may be developed with Membership Clubs, Taverns, Billiard & Pool Halls, Amusement and Game Centers, Card Rooms, Bingo Parlors, and Dance Halls, all of which are allowed in this area. Per Ordinance 4658, the overlay standards are to be applied in addi1ion to and in combination with all other district and development regulations contained in Title 25 Zoning . The requirements of the overlay district take precedence over the requirements of the underlying zoning district regulations. 11. 7 Such other information as the Hearing Exruniner requires . 11. 7 .1 The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals . The opportunity for retail Z 2023 001 Mendoza Rezone Page 3 of5 commercial uses in this area supports the Land Use Element of the Comprehensive Plan . 12. Applicant wishes to use the north side of the site for a Sports Bar. 13. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. 14. The rezone application is consistent with the Pasco Comprehensive Plan. 15. The rezone would allow for Membership Clubs, Taverns, Billiard & Pool Halls, Amusement and Game Centers, Card Rooms, Bingo Parlors, and Dance Halls . 16 . Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri-City Herald on May 22, 2023. 17. An open record public hearing after due legal notice was held June 14, 2023, with the Planning Department staff and public appearing in person and the Hearing Examiner appearing via videoconference. 18. Appearing and testifying at the hearing was Maria Mendoza. Ms . Mendoza testified that she was an agent authorized to appear on behalf of the Applicant/property owner. She agreed with all representations in the staff report . 19. No member of the public appeared at the hearing. 20 . The staff report, application materials, agency comments and the entire file of record were admitted into the record. 21. 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 Land Use Element of the Comprehensive Plan designates the lot "Downtown Pasco Overlay District." The Downtown Pasco Overlay District designation allows for C-2 zoning and may be developed with Membership Clubs, Taverns, Billiard & Pool Halls, Amusement and Game Centers, Card Rooms, Bingo Parlors, and Dance Halls. 2. The e:frect of the proposal on the immediate vicinity will not be materially detrimental . 2.1 The "Downtown Pasco Overlay District" designation allows for C-2 zoning and may be developed with Membership Clubs, Taverns, Billiard & Pool Halls, Amusement and Game Centers, Card Rooms, Bingo Parlors, and Dance Halls. The application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property. The proposal will not be materially detrimental to the immediate vicinity. The development would be cohesive with the multi-units developed to the south of the property. 3. There is merit and value in the proposal for the community as a whole. Z 2023 001 Mendoza Rezone Page 4 of 5 3 .1 The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council. 4 . Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 4.1 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. 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 If or when applicants pursue the development of this property, they will be required to confonn to design standards established by the PMC. No Concomitant Agreement is considered necessary for this application. 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 Lots 13-16, Block 14, Gerry's Addition to Pasco (528 West Clark Street; Parcel 112042085), be rezoned from C-1 (Retail Business District) to C-2 (Central Business District). Dated this 12__ day of June, 2023. CI1Y OF SCO HEARING EXAMINER . ~ Z 2023 001 Mendoza Rezone Page 5 of5 Item: Mendoza Rezone -C-1 to C-2 "Exhibit B" Applicant(s): Maria Mendoza Feet File #: Z 2023-001 210 28 I -z, ~ -:s:. i . "°"'¥-. S\ ""' (..V" - N A ""1\-~\SS\ FRANKLIN COUNTY RECORDING COVERSHEET NAME AND RETURN ADDRESS: City of Pasco 525 N. Third Avenue Pasco , WA 99301 FORM COMPLETED BY: Krystle Shanks PHONE# (509) 544-3096 --------------PLEASE PRINT OR TYPE INFORMATION : DOCUMENT TITLE(S) (or transaction contained therein) 1. Ordinance No. 4672 2 . 22023-001 3 . GRANTOR(S) (Last name, first name, middle name/initials): 1. Citv of Pasco 2. 3. 4. D Additional names on page of document GRANTEE($) (Last name, first name , middle name/initials): 1. Simon & Anita Ochoa 2. Maria Mendoza 3. 4. D Additional names on page of document LEGAL DESCRIPTION (Abbreviated : ie.lot, block , plat or section , township, range) 29-30-09, Lots 13 to 16, Block 14, Gerry's Add D Additional legal is on page of document AUDITOR'S REFERENCE NUMBER(S) ASSESSOR'S PROPERTY TAX PARCEL NUMBER 112-042-085 D Additional parcel numbers on page of document The Aud itor/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 . I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature Date