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HomeMy WebLinkAbout4728 Ordinance - Osprey Pointe Rezone from I-3 to Mixed Use (Z 2024-004) - RECORDEDOrdinance Rezone Z 2024-004 – Osprey Pointe - 1 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. 4728 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED SE OF THE INTERSECTION OF S GREY AVENUE AND E AINSWORTH AVENUE AND SW OF THE INTERSECTION OF E DOCK STREET AND SE ROAD 18 IN PASCO, FRANKLIN COUNTY, WASHINGTON, FROM I-3, HEAVY INDUSTRIAL, TO MU, MIXED-USE. WHEREAS, JMS Development, the Petitioner seeks to rezone Parcel Nos. 112420025, 112420026, and 112420027, located at 904 E Ainsworth Avenue, 1110 Osprey Pointe Boulevard, and 1740 E Dock Street, 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 July 24, 2024; 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 Z 2024-004 – Osprey Pointe - 2 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-3, Heavy Industrial, to MU, Mixed-Use, for the real property as shown in the Exhibit B attached hereto and described as follows: BINDING SITE PLAN 2015-05 PARCEL C BINDING SITE PLAN 2015-05 PARCEL D BINDING SITE PLAN 2015-05 PARCEL E 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 16th day of September, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, MMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: September 22, 2024 CITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF )RCOMMENDED FINDINGS OF )FACT,CONCLUSIONSOF LAWZ2024-004 )DECISION AND Osprey Pointe Rezone )CONDITIONS OF APPROVAL THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on July 24,2024.The Hearing Examiner having taken evidence hereby submits the following Recommended FindingsofFact,Conclusions of Law,Decision and Conditions of Approval as follows: I.RECOMIVIENDEDFINDINGS OF FACT 1.APPLICANT:JMS Development LLC,904 E AinsworthAvenue,Pasco,WA 99301 2.REQUEST:REZONE:904 E AinsworthAvenue (Parcel #112—420—025),1110 Osprey Pointe Boulevard (Parcel #112—420-026),and 1740 E Dock Street (Parcel #112-420—027)rezone from L3 (Heavy Industrial)to (MU Mixed Use). 3.Timeline: 31 May 2024 Application Submitted Determination of Incompleteness 16 June 2024 Application Deemed Complete 20 June 2024 SEPA Threshold Determination of Non-Signi?cance Issued 7 July 2024 Application Noticed for Public Hearing 7 July 2024 Public Hearing/Staff Report Published 17 July 2024 4.PROPERTY DESCRIPTION: 4.1.Abbreviated Legal:BINDING SITE PLAN 2015-05 PARCEL C 4.2.General Location:904 E Ainsworth Avenue 4.3.Approximate Property Size:19.74 acres 4.4.AbbreviatedLegal:BINDING SITE PLAN 2015—05PARCEL D 4.5.General Location:1110 Osprey Pointe Boulevard 4.6.Approximate Property Size:18.53 acres 4.7.Abbreviated Legal:BINDING SITE PLAN 2015-05 PARCEL E 4.8.General Location:1740 E Dock Street 4.9.Approximate Property Size:15.83 acres Z 2024—004 Osprey Pointe Rezone Page 1 of 6 10. 11. ACCESS:904 E AinsworthAvenue (Parcel #112-420-025)has access to E AinsworthAvenue,1110OspreyPointeBoulevard(Parcel #112-420—026)has access to Osprey Pointe Boulevard and EAinsworthAvenue,and 1740 E Dock Street (Parcel #112—420—027)has access to E Dock Street,EAinsworthAvenue,and SE Road 18. UTILITIES:Municipal water and sewer are available on Osprey Pointe Boulevard and E AinsworthAvenue. LAND USE AND ZONING:The properties are zoned I-3 Heavy Industrial.904 E AinsworthAvenue(Parcel #112-420—025)contains an approximately 4,000 square foot of?ce building,1110 OspreyPointeBoulevard(Parcel #112-420-026)is developedwith an of?ce building,and 1740 E Dock Streetisclassi?ed as undeveloped by the Franklin County Tax assessor but contains an approximately 4,300squarefootutility/commercial building that appears to be disused.Surrounding properties are zoned,and developedas follows: 7.1.North:I—lLight Industrial/I—3Heavy Industrial,Wastewater treatment plant,commercial and government of?ces,and industrial buildings 7.2.East:I-3 Heavy Industrial,Industrial outdoor storage and stockpiling 7.3.South:I—3,Walking trail along Columbia River 7.4.West:I-1 Light Industrial/R—2Medium Density Residential,Commercial Buildings and Single S Family Dwellings Comprehensive Plan:The City of Pasco Comprehensive Plan designates this site as “MixedResidentialandCommercial.”The Mixed Residential and Commercial designation accommodates adiverserangeofhousing,nonresidential uses,commercial uses,neighborhood retail and of?ce uses,parks and recreation areas,and civic uses at a density of 5 to 29 dwelling units per acre,and may beassignedR—l,R—2,R-3,R-4,C—1,0 and Waterfront zoning district designations.Per Pasco Municipal Code (PMC)25.215.015,maximum gross density of any proposed development within any zoningdistrict,expressed as dwelling units per acre,shall be no less than the corresponding minimum density expressed in the Comprehensive Plan land use density table,and no greater than the correspondingmaximumdensityexpressedintheComprehensivePlanlandusedensitytable,except as provided inChapter25.161 PMC.This rezone is consistentwith the Comprehensive Plan. ENVIRONMENTAL DETERMINATION:The City of Pasco is the State EnvironmentalPolicy Act (“SEPA”)lead agency for this project (SEPA2024—035).Based on the SEPA environmental checklist,Comprehensive Plan,applicable regulations,and other information,a threshold determinationresulting in a Determination of Non-Signi?cance (DNS)for this project was issued on July 7,2024 under WAC 197-11-15 8. Applicant JMS Development LLC wishes to rezone 904 EAinsworth Avenue (Parcel #112—420—025), 1110 Osprey Pointe Boulevard (Parcel #112-420-026),and 1740 E Dock Street (Parcel #112-420-027)in Pasco,WA 99301 from I—3(Heavy Industrial)to MU (Mixed Use).The combined acreage of the site comprises approximately 54.09.The underlying Comprehensive Plan Future Land Use is “Mixed Residential and Commercial.” The proposed rezone does not include a project action.It is anticipated that should the rezone be approved a subsequent subdivision project may be submitted for review.This review would include requirements for the impacts it has on the level of service for parks,transportation,etc.Any subsequent subdivision proposals would additionally be required to adhere to Pasco Municipal Code,including provisions such as connectivity and residential design standards. Z 2024-004 Osprey Pointe Rezone Page 2 of 6 12.History:The site was annexed into the City in 1994 and assigned zoning via Ordinance 3033.Ordinance 3033 adopted the zoning designations of Resolution 2122,designating the site’s zone as l-3. 13.Rezone Criteria:The initial review criteria for consideringa rezone application are explained in PMC.25.210.030.The criteria are listed below as follows: 13.1.The date the existing zone became effective: 13.1.1.The site was assigned the [-3 zoning designation in 1994 via Ordinance 3033 and Resolution 2122. 13.2.The changed conditions,which are alleged to warrant other or additional zoning: 13.2.1.Passage of Ordinance 4668 (May 2023)modi?/ing the Citys zoning code and providingforaAlixed—Use zoning district is the primary changed condition warranting the rezone.The proposed rezone would allow the site to be developed as intended per the Comprehensive Plan land use map. 13.3.Facts to justify the change on the basis of advancing the public health,safety and general welfare: 13.3.1.The Alixed Residential and Commercial designation allows for R—I,R-2,R—3,R-4,C—1,0 and Waterfront(read [Mixed-Use)zoning;which would allow for residential development, which has high market demand as a housing shortage exists. 13.3.2.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 ofadvancing public health,safety and general welfareofthe community. 13.4.The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 13.4.1.Surrounding properties are developed with single family,commercial and industrial uses. Two ofthe parcels are currently developed with commercial/government o?ices which is in conformancewith the Alixed-Use zoning district and in character with the surrounding properties. 13.4.2.The proposed rezone would allow for a combination of mixed-use residential and commercial in the same development:Single—familydwellings,patio homes,townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre;and neighborhood shopping and specialty centers,business parks,service and o?iceuses. 13.5.The effect on the property owner or owners if the request is not granted: 13.5.1.If this rezone request is not granted,the applicant would not purchase the property fromthePortofPascoorpotentiallyre-a’evelopthe property. 13.6.The Comprehensive Plan land use designation for the property: 13.6.1.The City of Pasco Comprehensive Plan designates this site as “Mixed Residential and Commercial”.The Mxed Residential and Commercial designation accommodates a diverse range ofhousing,nonresidential uses,commercial uses,neighborhood retail and o?ice uses, parks and recreation areas,and civic uses at a density of5 to 29 dwelling units per acre,and may be assigned R-I,R-2,R-3,R-4,C-1,0 and Waterfrontzoning. 13.6.2.Per PMC 25.215.015 maximum gross density of any proposed development within any zoning district,expressed as dwelling units per acre,shall be no less than the corresponding Z 2024—004 Osprey Pointe Rezone Page 3 of 6 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. minimum density expressed in the ComprehensivePlan land use density table,and no greater than the corresponding maximum density expressed in the Comprehensive Plan land use density table,except as provided in Chapter 25.161 PMC. 13.7.Such other information as the Hearing Examiner requires: 13.7.1.The rezone application is consistent with and meets the intent ofthe Comprehensive Plan, and City Council Goals. Public notice of this application and hearing was sent to property owners within 300 feet of the propertyandpostedontheCity’s website on July 2,2024,and published in the Tri-City Herald on July 7,2024. Each property was posted with the Notice of Application and Notice of Public Hearing on July 3,2024. A rezone from L3 (Heavy Industrial)to (MU Mixed Use)has been requested for 904 E Ainsworth Avenue (Parcel #112-420-025),1110 Osprey Pointe Boulevard (Parcel #112-420-026),and 1740 EDockStreet(Parcel #112-420—027). The sites comprise approximately 54.09 acres combined. The site was assigned the I-3 zoning designation in 1994 via Ordinance 3033 and Resolution 2122. Per PMC,the heavy industrial district is established to provide areas in the City where heavy industrial, manufacturing,processing,assembly,fabricating and ancillary activities can occur while being protected from encroachment of commercial and residential uses.This district is intended to permit high-intensity land uses that would be termed obnoxious due to noise,glare and other emissions resulting from the manufacturing process.The L3 zoning district is intended to apply only to those Port of Pasco-owned lands to which the I-3 zone was applied upon the formation of L3 zoning district. Per PMC,the purpose of the Mixed-Use (MU)zoning district is to allow for a compatible and integrated mix of commercial (and of?ce,education and government uses)with residential uses.The Mixed Use zoning district is intended to provide a high level of diversity in housing types including townhouses and ?ats in mid-rise buildings ranging from two to six stories to move toward the City’s land use and housing goals and policies relating to density and a broad range of housing types,as required under the Growth Management Act,Chapter 36.70A RCW In addition,ground ?oor neighborhood-scale commercial and/or of?ce uses are encouraged to create a cohesive bike and pedestrian-oriented community. The City’s 2018-2038 Comprehensive Plan Land Use Map designates the site as “Mixed Residential and Commercial”.Mixed Residential/Commercial allows a combination of mixed—use residential and commercial in the same development:single-family dwellings,patio homes,townhouses,apartments and condominiums at a density of 5 to 29 dwelling units per acre,and neighborhood shopping and specialty centers,business parks,service and of?ce uses. The underlying Comprehensive Plan Land Use designation speci?es 5 to 29 dwelling units per acre. At the time of 2018—2038Comprehensive Plan adoption in 2021,the City did not have a zoning district to facilitate the intent of that Mixed-Use Residential Commercial land use designation.In May 2023 City Council approved Ordinance 4668,amending PMC Section 25 20.010 “Establishment of Zoning Districts"and Chapter 25.127 "WD Waterfront Development,"replacing the "WD Waterfront Development"with "MU Mixed-Use,"allowing for Mixed-Use developments citywide,consistent with the Comprehensive Plan. Upon Subsequent development of the property,the Applicant will be required to submit State Environmental Policy Act (SEPA)Environmental Checklist that considers the elements of the environment,under WAC 197-11-444,which include a great number of items but can brie?y be Z 2024-004 Osprey Pointe Rezone Page 4 of 6 24. 25. 26. 27. 28. described as the natural and built environment.Any proposals that would cause a signi?cant impact to the environment would be mitigated through the SEPA process. All three parcels requesting rezone are developed. An open record public hearing after due legal notice was held on July 24,2024. At this hearing the Staff Report and entire Planning Staff File was admitted into the record. Appearing and testifying on behalf of the Applicant was James Sexton.Mr.Sexton testi?ed that he was an agent for the property owner and applicant and was authorized to appear on behalf of the applicant at this hearing.Mr.Sexton testi?ed that he agreed with all the representations set for within the staff report. No member of the public testi?ed at this hearing. II.RECOMNIENDED CONCLUSIONS OF LAW 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 site “Mixed Residential Commercial.”A change in zoning would be consistent with the comprehensive plan Land Use Map designation for the site as L3 is not a zoning district that is in conformance with the underlying future land use designation.The rezone could ?lrther the goals and policies of the Comprehensive Plan such as: l.1.l.Housing Policy H—l-A: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.The current zoning prohibits single and multi-family dwellings.A rezone to MU would allow for a variety of housing types. l.l.2.Housing Policy H—l-B:Higher intensity housing should be located near arterials and neighborhood or community shopping facilities and employment areas.The proposed rezone could make it easier to develop the land to the required density of the Comprehensive Plan and the property is adjacent to the Port of Pasco,a major employer,and less than a mile from Route 397 a major transportation route that provides access across the Columbia River to Kennewick. The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1.This application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property.A development action affecting the site would be subject to the State Environmental Policy Act (SEPA)and impacts to the natural and built environment,including neighboring properties,would be considered and mitigated through the SEPA process. 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.The proposal includes in?ll development and promotes the goals of the Mixed Residential and Commercial Land Use Map Designation.This rezone would allow for residential development on the site,which is currently prohibited.The City of Pasco and the state of Washington are currently experiencing a housing shortage. Conditions should be imposed in order to mitigate any signi?cant adverse impacts from the proposal. Z 2024-004 Osprey Pointe Rezone Page 5 of 6 4.1.The rezone application and anticipated project are subject to the regulations and requirements ofthePascoMunicipalCodeandtheCityofPascoDesignandConstructionStandards.As such,noconditionsshouldbeimposed;any future developmentwill be evaluated for signi?cant adverseimpactsatthetimeofadevelopmentapplication,which will also be subject to review under theStateEnvironmentalPolicyAct(SEPA). 5.A Concomitant Agreement should be entered into between the City and the petitioner,and if so,the terms and conditionsof such an agreement. 5.1.No Concomitant Agreement is considered necessary for this application. III.RECOMNIENDED DECISION Based on the above Findings of Fact and Conclusions of Law,the Hearing Examiner hereby recommends APPROVAL for Rezone Z 2024-004. Dated this A day of August,2024 CITY OF PASCO HEARING EXAMINER ?v//?/’7 Andrew L.Kottkamp Z 2024-004 Osprey Pointe Rezone Page 6 of 6 Item:Rezone -Osprey Pointe 1-3 to MU "Exhibit B"Applicant:JMS Development LLC File #:Z 2024-004 SEPA 2024-035 8 GRAYAVe MU A"va?oit“o 9) ‘(S E CRANESI