HomeMy WebLinkAbout4690 Ordinance - Barker Ranch 1st Rezone R-S-1 to R-1 (Z 2021-002)FILED 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 99301
ORDINANCE NO.4690
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED NEAR THE NORTHWEST CORNER OF BURNS
ROAD AND BROADMOOR BOULEVARD FROM R-S-1 TO R-1.
WHEREAS, Pro Made Construction, the petitioner seeks to rezone Parcel Nos.
115180076 and 115180077, located near the northwest corner of Burns Road and Broadmoor
Boulevard, 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 of
Pasco (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 May 12, 2021; 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:
Ordinance Rezone Barker Ranch 1st Addition (Z 2021-002) - 1
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
R-S-1 (Suburban) to R-1 (Low Density Residential) for the real property as shown in the Exhibit
B attached hereto and described as follows:
Lots 3 & 4 of Short Plat 2020-22 recorded in Volume 2 of Short Plats at Page 361
recorded under Auditors File Number 1918957 records of Franklin County, WA.
Comprising approximately 53.6 acres.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word
of this ordinance should be held to the 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. Effective Date. 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 6fl' day of
November, 2023.
Blanche Barajas
Mayor
ATTEST:
Debra Barham, CMC
City Clerk
Published: 7 '�
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APPROVED AS TO FORM:
Kerr Fe n aw, PLLC
Cit torneys
Ordinance Rezone Barker Ranch 1st Addition (Z 2021-002) - 2
Exhibit "A"
CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND
DECISION (ON PLAT) AND RECOMMENDATION (ON REZONE)
Barker Ranch 1st Addition Preliminary Plat, PP 2021-001
and Rezone Z 2020-002
May 25, 2021
1. FINDINGS OF FACT
1.1 Proposal. 206 lot preliminary plat on 53.6 acres for single family homes and
rezone from R-S-I (Suburban) to R-1 (Low Density Residential) coupled with request to rezone
the property from R-S-1 (Suburban) to R-1 (Low Density Residential).
1.2 Applicant. RP Development, Inc./Pro Made Construction, 6159 W Deschutes
Avenue, Suite 509, Kennewick, WA 99336.
1.3 Location. Two parcels near the northwest corner of Burns Road and Broadmoor
Boulevard. Parcel Nos. 115-180-076 and 115-180-077.
1.4 Land Use Designations/Site and Surrounding Area. The site, within the Pasco
Urban Growth Boundary, is vacant and currently zoned R-S-1. R-1 zoning is requested.
Surrounding properties include these zones and uses:
North: RR-5, Farming (County)
East: R-S-1, Vacant
South: R-1, Vacant
West: RS-20 (County), Vacant (Pasco School District)
1.5 Evidence Reviewed. The Examiner admitted the Community and Economic
Development Department's ("Department") Staff Reports for the plat and rezone, and
accompanying exhibits. These included the proposed plat, land use maps of the site and
surrounding area (overview, vicinity, use, zoning, and plan), the application for the plat and also
for the rezone, the SEPA determination, and photographs.
1.6 SEPA (State Environmental Policy Act, Ch. 43.21C RCW). The Department
issued a Mitigated Determination of Non -Significance, with one condition requiring "[a]n
inadvertent discovery protocol must be established for the potential discovery of cultural or
historical artifacts before or during improvements/construction." The MDNS was not appealed.
1.7 Hearing. An open record public hearing was held May 12, 2021. Due to COVID-
19 restrictions, the hearing was conducted remotely, with the Examiner, Department, and
Applicant calling in. Access information was available to the public to allow citizens to join via
either a video link or telephone call -in. There were no reported technical difficulties during the
City of Pasco Hearing Examiner Page 1 of 7
Decision (Preliminary Plat, PP 2021-001) and
Recommendation (Rezone) Z 2020-002
call or afterwards. However, in case any citizens who wished to comment had difficulty calling
in, the record was kept open through May 13. Nothing further was received.
Mr. Bauman appeared for the Applicant, along with the Project Engineer, Mr. Fetterolf.
The Applicant had a clarification question on Condition 5 related to water supply, which was
addressed. The Examiner asked the Applicant if there were any questions or concerns with
Condition 8, which requires completion of Fire Station #83 before final plat approval. The
Applicant stated there were no concerns. The Fire Station has likely been completed. There were
no other questions or concerns from the Applicant on any plat conditions.
1.8 Notice. Hearing notice was mailed to property owners within 300 feet and
published in the Tri-City Herald on April 23, 2021. The proposal was circulated to the PUD, the
Pasco School District, Cascade Gas, Charter Cable, Franklin County Irrigation District, and Ben -
Franklin Transit Authority. There were no objections to approval provided requirements are met.
PMC notice requirements were complied with.'
1.9 Lots. The plat contains 206 single-family lots ranging from about 7,409 to 12,748
square feet, meeting the 7,200 square foot minimum lot size requirement in the R-1 zone.2 The
rezone is necessary for the plat to proceed at this density, as the R-S-I minimum lot size
requirements are 10,000 square feet .3 With the rezone, the plat is designed so all residences can
comply with height, lot coverage, landscaping, and other development standards of the R-1
zone.4
1.10 Transportation and Access. Access is from Burns Road via Road 108 along the
west boundary of what will be the Barker Ranch subdivision to the south. When fully developed,
the subdivision will generate approximately 1,961 vehicle trips per day. The plat will be
developed to City standards to assure proper access is maintained to each lot. Connections to the
community and surrounding development are provided with the plat lay out, which interconnects
with surrounding streets and properties.s Connections will be provided with the construction of
Roads 104 and 108 northward from Burns Road; the proposed Barker Heights subdivision to the
east plans to extend at least one road from Broadmoor Boulevard/Road 100 to the site. All lots
will have frontage on streets to be dedicated with the plat. Internal plat streets and right-of-way
improvements shall be constructed as detailed in the conditions and consistent with code
requirements and City engineer approved road standards.6 Traffic impact fees will be paid
consistent with code.7
1.11 Schools. Columbia River Elementary School and Ray Reynolds Middle School
are less than one mile from the plat. The Pasco School District owns the adjacent parcel to the
west. It was designated for a future high school, but plans are not firm. The Staff Report provides
1 PMC 21.25.050.
2 PMC 25.45.050.
3 PMC 25.40.050.
4 PMC 25.45.050.
5 Interconnectivity is necessary to adhere to the Comprehensive Plan, address utility interconnection, and provide for
emergency services.
6 Ch. 21.15 PMC.
Ch. 3.40 PMC.
City of Pasco Hearing Examiner Page 2 of 7
Decision (Preliminary Plat, PP 2021-001) and
Recommendation (Rezone) Z 2020-002
background on School District impact fees, which ensure facility adequacy to support new
development. By paying school impact fees, adequate provisions are made to address school
impacts.8
1.12 Safe Travel and Walking Conditions. The plat includes adequate streets and
sidewalks. Curb, gutter, and sidewalks will be installed and constructed to City standards and
consistent with ADA requirements. Ben Franklin's Transit Routes 67 and 225 have stops about
1.15 miles to the southeast near the corner of Broadmoor Boulevard/Road 100 and Sandifur
Parkway.
1.13 Utilities. Municipal water is available along Burns Road. The site will participate
in the Northwest Area Sewer LID project for connection to the existing sanitary sewer system.
The developer is responsible for providing utilities to each lot and completing utility work
consistent with code requirements, including PMC 12.24.180.
The City Engineer will determine the specific placement of fire hydrants and streetlights
when construction plans are submitted. Generally, fire hydrants are located at street intersections
and with a maximum interval of 500 feet between hydrants on alternating sides of the street;
streetlights are located at street intersections, with a maximum interval of less than 300 feet on
residential streets, and a maximum interval of 150 feet on arterial streets. The intervals for
streetlight placements are measured along the centerline of the road. Streetlights are placed on
alternating sides of the street.
The parcel is located within South Columbia Basin Irrigation District service area. The
existing agricultural water allotment shall be released for any lands associated with the
subdivision prior to the approval of the final plat. The assignment of water rights is a
requirement for subdivision approval per PMC.9 If no water rights are available to transfer to the
City, the property owner/developer must pay a water right fee in lieu thereof.
1.14 Parks/Open Space. Vintage Park is over 1.5 miles to the southeast. Park impact
fees will be collected at the time of permitting, per code requirements, to address the project's
park impacts and ensure adequate provision for park facilities is made.10
1.15 Landscaping. The plat will be landscaped consistent with City requirements,
which require front yard landscaping and right-of-way planting strips." Condition 4 requires a
common area maintenance fee to ensure maintenance of public right-of-way arterial boulevard
strips.
1.16 Infrastructure. Plat improvements shall comply with the City's 2018 Standard
Drawings and Specification as approved by the City Engineer. These improvements include but
are not limited to water, sewer and irrigation lines, streets, streetlights, and storm water retention.
s RCW 58.17.110; PMC 21.25.060(1) ("[a]dequate provisions" must be made for "schools and school grounds");
and Ch. 3.45 PMC.
9 PMC 21.05.120; PMC 3.35.160.
10 RCW 58.17.110; PMC 21.25.060(1); Ch. 3.50 PMC.
11 Ch. 25.180 PMC, PMC 25.180.050(4), Ch. 12.12 PMC.
City of Pasco Hearing Examiner Page 3 of 7
Decision (Preliminary Plat, PP 2021-001) and
Recommendation (Rezone) Z 2020-002
Sidewalks along major streets and handicapped -accessible pedestrian ramps are to be completed
with the street and curb improvements prior to final plat approval.
1.17 Comprehensive Plan. The Comprehensive Plan designates the site for Low
Density Residential Development, which means 2-5 dwellings per acre. The Plan encourages
development of lands designated for low -density residential uses where sewer is available, the
location is suitable for home sites, and there is market demand. Plan goals include promoting
home ownership, creating a variety of housing options, maintaining established residential
neighborhoods, and creating new neighborhoods that are safe and enjoyable places to live. See
e.g., Policy H-1-A, Goal H-2-A, Policy H-4-C, Goal LU-3, and Goal LU-5.
1.18 Rezone. After accounting for area required for right-of-way, the parcels have the
potential for 175 single-family building lots with the R-S-1 zoning designation, and 243 building
lots with the R-1 zoning designation. The difference is due to lot size requirements, which drop
from 10,000 to 7,200 square feet with the zone change. With the plat, the Applicant is proposing
206 lots.12
1.19 Conditions/Staff Reports. To ensure project development consistent with City
requirements and findings, the Department's proposed plat conditions should be imposed without
substantive revision. Except as the Decision revises it, the Staff Reports for the plat and rezone
are incorporated. The preliminary plat is subject to all PMC requirements, including code time
limits for submitting the final plat and completing required improvements.
2. CONCLUSIONS
2.1 Preliminary Plat. The Examiner may approve a preliminary plat if:
(1) Adequate provisions are made for the public health, safety and general
welfare and for open spaces, drainage ways, streets, alleys, other public ways,
water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and
school grounds, sidewalks for safe walking conditions for students and other
public needs;
(2) The proposed subdivision contributes to the orderly development and land
use patterns in the area;
(3) The proposed subdivision conforms to the policies, maps and narrative
text of the Comprehensive Plan;
(4) The proposed subdivision conforms to the general purposes of any
applicable policies or plans which have been adopted by the City Council;
(5) The proposed subdivision conforms to the general purposes of this title;
12 Details are in the Staff Report for the Rezone, p. 2.
City of Pasco Hearing Examiner Page 4 of 7
Decision (Preliminary Plat, PP 2021-001) and
Recommendation (Rezone) Z 2020-002
(6) The public use and interest will be served by approval of the proposed
subdivision. 3
As the Findings and Staff Report for the plat detail, the preliminary plat is consistent with
these criteria and should be approved. This conclusion is based on the code requirements and
compliance with City engineering and street improvement requirements, and payment of traffic,
school, and park impact fees on which no objection was raised. This, coupled with required
improvements and code compliance, adequately provides for open space, drainage, public ways,
water and waste, parks, transit, schools, and sidewalks for safe walking conditions. As these
issues are addressed, adequate provision is made for the public health, safety and welfare, and
the plat will contribute to the orderly development of the area. As the Staff Report addresses, as
mitigated, the plat is consistent with the Comprehensive Plan, and conforms to City adopted
policies, Title 21 purposes, and serves the public use and interest.
2.2 Rezone. The Examiner issues a rezone recommendation based on whether:
(a) The proposal is in accord with the goals and policies of the Comprehensive
Plan;
(b) The effect of the proposal on the immediate vicinity will be materially
detrimental;
(c) There is merit and value in the proposal for the community as a whole;
(d) Conditions should be imposed in order to mitigate any significant adverse
impacts from the proposal;
(e) A concomitant agreement should be entered into between the City and the
petitioner, and if so, the terms and conditions of such an agreement.14
As the Findings detail, the rezone follows these criteria. The proposed zone is consistent
with the Comprehensive Plan. The site is within an area transitioning to urban development. To
the north are County rural lands, but the remaining three sides are zoned for residential uses, with
several plats planned in the area. The rezone would allow a modest increase in density in keeping
with Plan objectives to accommodate planned growth within the City. There is no material
detriment to the area. Due to the regulatory structure, and associated conditions imposed on
development, there is no need for a concomitant agreement. The requested rezone meets the
City's rezone criteria.
RECOMMENDATION AND DECISION
The Hearing Examiner recommends approval of the rezone from R-S-1 (Suburban) to R-
1 (Low Density Residential) and approves the preliminary plat subject to City Council rezone
approval and these conditions:
13 PMC 21.25.060.
14 PMC 25.210.060; PMC 2.50.080; Staff Report, p. 4.
City of Pasco Hearing Examiner Page 5 of 7
Decision (Preliminary Plat, PP 2021-001) and
Recommendation (Rezone) Z 2020-002
1. All improvements shall be in accordance with the Pasco Municipal Code ("PMC"). The
PMC adopts the most recent versions of the City of Pasco Standard Specifications, the
Washington State Department of Transportation Standard Specifications for Road,
Bridges, and Municipal Construction, the International Building Code, and the
International Fire Code. If there are any conflicting regulations in any of these
documents, the more stringent regulation shall apply.
2. The face of the final plat shall include this statement: "As a condition of approval of this
final plat the owner waives the right to protest the formation of a Local Improvement
District for sewer/water/road/sidewalk improvements to the full extent as permitted by
RCW 35.43.182."
3. The face of the final plat shall include this statement: "The individual or company
making improvements on a lot or lots of this plat is responsible for providing and
installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for
the PUD's primary and secondary distribution system in accordance with PUD
specifications; said individual or company will make full advance payment of line
extension fees and will provide all necessary utility easements prior to PUD construction
and/or connection of any electrical service to or within the plat."
4. The developer/builder shall pay the City a "Common Area Maintenance Fee" of $475 per
lot upon issuance of building permits for homes. These funds shall be placed in a fund
and used to finance the maintenance of arterial boulevard strips. The City shall not accept
maintenance responsibility for the landscaping abutting said street until such time as all
fees are collected for each phase that abut said streets.
5. Any existing water rights associated with the subject property shall be transferred to the
City as a condition of approval. If no water rights are available then the property owner,
in accordance with PMC 21.05.120, shall pay to the City, in lieu thereof, a water rights
acquisition fee as established in the City fee Summary Ordinance as identified in PMC
3.35.
6. Only City and other utilities with franchise agreements are allowed in the public right of
way. Overhead utilities shall be placed underground.
7. It shall be the responsibility of the property owner/developer to contact all utility owners
to determine their system improvement requirements. Prior to subdivision construction
plan submittal and/or review the property owner/developer shall provide to the City of
Pasco written support/approval of the proposed development from all outside utilities,
public and private.
City of Pasco Hearing Examiner Page 6 of 7
Decision (Preliminary Plat, PP 2021-001) and
Recommendation (Rezone) Z 2020-002
8. Final Plat shall not be approved until availability of sewer utilities (Northwest Sewer
LID) and the completion of Fire Station #83.
9. Plat must be resubmitted should the rezone fail to be approved.
The final plat must be submitted within code time limits,15 and absent a timely appeal,
this Decision is final. 16 While the preliminary plat decision is a final decision, because it is
contingent on rezone approval, it does not go into effect unless and until the rezone is approved.
DECISION entered May 25, 2021.
City of Pasco acing Examiner
Susan Elizabeth Drummond
15 See PMC 21.30.010 (five years to submit final plat).
'6 See Ch. 36.70C RCW (establishing 21-day appeal period to superior court, and setting forth necessary petition for
review contents, along with filing and service requirements).
City of Pasco Hearing Examiner Page 7 of 7
Decision (Preliminary Plat, PP 2021-001) and
Recommendation (Rezone) Z 2020-002
Item: Barker Ranch 1 st Addition - R-S-1 to R-1 Rezone N
"Exhibit B" Applicant(s): RP Development/Pro ]Made Construction
File #: Z 2021-002
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