HomeMy WebLinkAbout4692 Ordinance - Helena Addition #2 Rezone C-3 to R-1 (Z 2023-006)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.4692
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED THE SOUTH SIDE OF EAST HELENA STREET AND
APPROXIMATELY ONE BLOCK EAST OF HERITAGE BOULEVARD (AT
BLOCK 7, WASHINGTON ADDITION), PASCO, FRANKLIN COUNTY,
WASHINGTON, FROM C-3 TO R-1.
WHEREAS, Stephen Bauman of B4 Development, on behalf of Jubilee Foundation, the
petitioner seeks to rezone Parcel No. 113883022, at Block 7, Washington Addition to Pasco
located along the south side of East Helena Street and approximately one block east of Heritage
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 August 9, 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 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.
Ordinance Rezone Helena Addition #2 (Z 2023-006) - 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
C-3 (General Business) to R-1 (Low -Density Residential)for the real property as shown in the
Exhibit B attached hereto and described as follows:
Block 7, Washington Addition to Pasco, together with vacated streets and alleys
(Parcel 113883022)
Comprising approximately 3.2 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 6"' day of
November, 2023.
Blanche
Mayor
ATTEST:
a �A�
Debra Barham, CMC
City Clerk
Published:
// 9/ZOZ3
Ordinance Rezone Helena Addition #2 (Z 2023-006) - 2
APPROVED AS TO FORM:
Kerr F on Law, PLLC
City ATtorneys
Exhibit "A"
CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2023-006 )
Helena Street Addition #2 )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
August 9, 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
PROPERTY/APPLICATION DESCRIPTION:
1.1 Le&aL All of Block 7, Washington Addition to Pasco, together with all vacated
streets and alleys adjacent, per City of Pasco Ordinance 3996 (Parcel 113883022).
1.2 General Location: Said property is located along the south side of East Helena Street
and approximately one block east of Heritage Boulevard, in Pasco WA.
1.3 Property Size: Approximately 3.20 acres.
1.4 Request: Rezone Helena Street Addition #2 Rezone from C-3 (General Business
District) to R-1 (Low -Density Residential).
1.5 Owner/Applicant: B4 Development c/o Stephen Bauman, 3130 Varney Lane,
Pasco WA 99301.
2. ACCESS: The parcel has access from East Helena Street.
UTILITIES: Municipal water and sewer are available in East Helena Street.
4. LAND USE AND ZONING: The site is zoned C-3 (General Business District) and is
vacant. Surrounding properties are zoned and developed as follows:
North:
R-1
SFDUs (underdevelopment)
East:
R-1/RT
Vacant
South:
C-3
Vacant
West:
R-1-A
SFDUs (underdevelopment)
COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as "Mixed
Residential and Commercial." The Mixed Residential and Commercial designation
accommodates a diverse range of housing, non-residential uses, commercial uses,
neighborhood retail and office uses, parks and recreation areas, and civic uses at a density of
5 to 29 dwelling units per acre.
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Helena Street Addition #2 Rezone
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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, Staff expects to issue a threshold
determination resulting in a Determination of Non -Significance (DNS) for this project by 9
August 2023, under WAC 197-11-158, with the following Mitigation.
6.1 The applicant shall prepare and submit an assessment of site access and the
surrounding vicinity with regards to the implementation of neighborhood traffic
calming measures and strategies, pursuant to Pasco Municipal Code (PMC) Chapter
12.15. This evaluation should encompass a thorough examination of factors such as
road layout, traffic flow, pedestrian safety, and existing infrastructure to determine
suitable measures and strategies for mitigating traffic -related issues within the
neighborhood.
7. REQUEST: Stephen Bauman of B4 Development, on behalf of Jubilee Foundation, has
submitted a Rezone application (Z 2023-006) from C-3 (General Business) to R-1 (Low -
Density Residential) for Block 7, Washington Addition to Pasco, together with vacated
streets and alleys (Parcel 113883022) comprising approximately 3.2 acres in Pasco, WA
99301. Said property is located along the south side of East Helena Street and approximately
one block east of Heritage Boulevard, in Pasco WA. The underlying Land Use code has
recently been amended to "Mixed Residential/Commercial," which specifies 5-29 dwelling
units (DU) per acre. However, the proposed zoning is R-1 (Low -Density Residential), which
limits density to 3 to 6 dwelling units per acre.
8. SITE: The site comprises approximately 3.9 acres (172102.0 square feet) and is vacant.
9. HISTORY: The site was originally platted into Pasco in 1913 as part of the Washington
Addition to Pasco. Rights -of -way were dedicated in conjunction with the original 1913
Washington Addition to Pasco plat; the plat originally contained 25'-wide lots and 80'-wide
street rights -of -way, as well as 14' wide north -south alleys and 20' wide east west alleys.
10. The site was de -annexed in 1921 (Ordinance 319) and subsequently (re)annexed into the City
in 1994 and assigned RT (Residential Transition) zoning (Ordinance 3033). The RT zone is
typically used as a holding zone for areas that lack utility services. As utilities and
infrastructure become available RT zoned properties are then zoned to align with the land use
designations of the Comprehensive Plan. In 2011 Missoula Street to the east and Butte Street
to the south were vacated (Ordinance 3996), along with all internal alleys and 10' of street
ROW along East Helena Street and Spokane Street. In 2016 a Comprehensive Plan
amendment (Ordinance 4328) changed the Land Use designation for the site, along with
properties to the south, west, and north, from Low -Density Residential to Commercial.
11. In 2018 the site was rezoned from RT to C-3 (Ordinance 4422) with a concomitant agreement
and conditions as follows:
12. Conditions:
12.1 A buffer consisting of a 6' tall architectural block wall, along with 10' of landscaping
to be placed on the residential side of the wall as per PMC 25.75.040 shall be
installed between all residential zoning districts and all C-3 uses.
12.2 The following uses shall be prohibited within 300 feet of any residential district:
12.2.1 Carwashes;
12.2.2 Wineries as defined under 25.12.480;
12.2.3 Dance halls and nightclubs;
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Helena Street Addition 42 Rezone
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12.2.4
Trucking, express and storage yards;
12.2.5
Heavy machinery sales and service;
12.2.6
Warehouse;
12.2.7
Landscape gardening and storage area for equipment and materials;
12.2.8
Automobile sales and service;
12.2.9
Mobile home and trailer sales and service;
12.2.10
Lumber sales business;
12.2.11
Contractor' s plant or storage yard
12.3 All uses permitted as conditional uses under PMC 25.46.040 are prohibited.
13. As these uses pertain only to the C-3 zoning district, and as none of these uses are allowed in
a residential district anyway, the proposed rezone ordinance would render the agreement
moot upon rezoning to a residential use. Nonetheless, the proposed rezone ordinance would
contain language nullifying the concomitant agreement.
14. On April 17, 2023, Council approved Ordinance 4660, a Future Land Use Map amendment to
the Pasco Comprehensive Plan, changing the designation of the land use from "Commercial"
to "Mixed Residential and Commercial." The current rezone effort is part of that same
commercial -to -residential transition project, in anticipation of a 14-lot low -density residential
subdivision.
15. The Mixed Residential and Commercial designation accommodates a diverse range of
housing, non-residential uses, commercial uses, neighborhood retail and office uses, parks
and recreation areas, and civic uses at a density of 5 to 29 dwelling units per acre.
16. This site is located within the Pasco Landfill Groundwater Protection Area (see City of Pasco
Municipal Code Section 16.15.060). Any domestic water wells on the property must be
decommissioned in accordance with WAC 173-160 and all future water use on the property
(domestic and landscaping) must be sourced from the City of Pasco.
17. At 7.2 trip -ends per dwelling unit, based solely on highest permitted density (6 DU/Acre at
3.2 acres = 19 dwelling units), the subdivision has the potential to generate up to
approximately 136.8 new daily trip ends. The peak volume hours will occur in the 6-8 am and
4-6 pm. Values are from the ITE Trip Generation Manual, 1 lth Ed (LUC 215).
18. REZONE CRITERIA: The initial review criteria for considering a rezone application are
explained in PMC 25.88.030.
18.1 The date the existing zone became effective:
18.1.1 The site was rezoned from RT to C-3 In 2018 with a concomitant agreement
and conditions as stated in No. 12 above.
18.2 The changed conditions, which are alleged to warrant other or additional zoning:
18.2.1 On April 17, 2023 Council approved Ordinance 4660, a Future Land Use
Map amendment to the Pasco Comprehensive Plan, changing the designation
of the land use from "Commercial' to "Mixed Residential and Commercial."
The current rezone effort is part of that same commercial -to -residential
transition project, in anticipation of a 14-lot low -density residential
subdivision.
18.2.2 The Mixed Residential and Commercial designation accommodates a diverse
range of housing, non-residential uses, commercial uses, neighborhood retail
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Helena Street Addition #2 Rezone
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and office uses, parks and recreation areas, and civic uses at a density of 5 to
29 dwelling units per acre.
11.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
11.3.1 A rezone from General Business (C-3) to R-1 (Low -Density Residential)
would allow medium -density residential development to occur at this site.
The R-1 rezone would require a minimum lot area of 7,200 square feet and
allow a density of up to four dwelling units per lot with a maximum lot
coverage of 40 percent.
11.3.2 The rezone application and proposal are consistent with the Council -
approved amendments to 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.
11.3.3 Any development on the site would be required to conform to the standards
of the Pasco Municipal Code and the standard specifications of the City
Engineering Division. These standards for streets, sidewalks, and other
infrastructure improvements were designed to ensure the public health,
safety, and general welfare of the community. These standards include
provisions for streets, drainage, water and sewer service and the provision for
dedication of right-of-way.
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 would be consistent with the comprehensive plan.
According to the table in Pasco Municipal Code (PMC) 25.215.015, the
Mixed Residential and Commercial classification is intended to
accommodate "a diverse range of housing, non-residential uses, commercial
uses, neighborhood retail and office uses, parks and recreation areas, and
civic uses at a density of 5 to 29 dwelling units per acre."
11.4.2 Further, the adjacent properties are not anticipated to be negatively affected
because mixed -use development has been established by City Council as an
appropriate and beneficial use of the site, as set forth in the City's approved
Comprehensive Plan.
11.5 The effect on the property owner or owners if the request is not granted:
11.5.1 If the property remains with the current C-3 zoning designation the site
would likely continue to remain vacant for a while, as residential demand is
currently outpacing retail commercial in the area.
11.6 The Comprehensive Plan land use designation for the property:
11.6.1 On April 17, 2023, Council approved Ordinance 4660, a Future Land Use
Map amendment to the Pasco Comprehensive Plan, changing the designation
of the land use from "Commercial" to "Mixed Residential and Commercial."
The current rezone effort is part of that same commercial -to -residential
transition project, in anticipation of a 14-lot low -density residential
subdivision.
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Helena Street Addition #2 Rezone
Page 4 of 6
11.6.2 The Mixed Residential and Commercial designation allows for R-1 through
R4, C-1, O, and MU zoning; development may accommodate a diverse
range of housing, non-residential uses, commercial uses, neighborhood retail
and office uses, parks and recreation areas, and civic uses at a density of 5 to
29 dwelling units per acre.
11.7 Such other information as the Hearing Examiner 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 a mix of
residential and retail commercial uses in this area supports the Land Use
Element of the Comprehensive Plan.
12. 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 24, 2023.
13. An open record public hearing after due legal notice was held August 9, 2023, with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
14. Appearing and testifying at the hearing was John Scheline. Mr. Scheline testified that he was
an agent authorized to appear on behalf of the Applicant/property owner. Mr. Scheline
testified that he agreed with all representations in the staff report.
15. No Member of the public testified at the hearing.
16. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
17. 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 Land Use Element of the Comprehensive Plan designates the lot "Mixed
Residential and Commercial District." The proposed R-1 zoning district would be in
alignment with the Land Use map within the City's Comprehensive Plan. Future
potential development could additionally foster or help to implement the following
policies from the Comprehensive Plan:
1.1.1 LU-2-A: Maintain sufficient land designated to accommodate residential,
commercial, industrial, educational, public facility, and open -space uses
proximate to appropriate transportation and utility infrastructure.
1.1.2 LU-2-B Policy: Facilitate planned growth within the City limits and UGA
and promote infill developments in the City limits through periodic review of
growth patterns and market demand within each of the City's land use
designations.
1.1.3 LU-5-A Policy: Allow a variety of residential densities throughout the UGA.
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Helena Street Addition 42 Rezone
Page 5 of 6
1.1.4 H-1-A Policy: Allow for a full range of housing including single family
homes, townhouses, condominiums, apartments, and manufactured housing,
accessory dwelling units, zero lot line, planned unit developments etc.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 The site is adjacent existing single-family neighborhoods to the north, east, and west;
higher -density residential uses could be developed to the south.
3. There is merit and value in the proposal for the community as a whole.
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. In
addition to fulfilling the goals and policies of the Comprehensive Plan, the proposal
includes infill development and promotes a healthy residential environment.
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. As such, no conditions should be imposed; any future
development will be evaluated for significant adverse impacts at the time of a
development application, which will also be subject to review under the State
Environmental Policy Act (SEPA).
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 conform 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 all of Block 7, Washington Addition to Pasco, together with all
vacated streets and alleys adjacent, per City of Pasco Ordinance 3996 (Parcel 113883022), in Pasco
WA., be rezoned from C-3 (General Business District) to R-1 (Low -Density Residential).
Dated this _day of August, 2023.
CITY OF PASCO HEARING EXAMINER
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Z 2023 006
Helena Street Addition #2 Rezone
Page 6 of 6
Item: Rezone - Helena Addition #2 C-3 to R-1 N
"Exhibit B" Applicant(s): Steven Bauman
File #: Z 2023-006
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