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HomeMy WebLinkAbout4732 Ordinance - Peak Towneplace Rezone C-1 to R-3 (Z 2024-002) - RECORDEDOrdinance Rezone Z 2024-002 – Peak Towneplace - 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. 4732 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF ROAD 68 AND W COURT STREET, PASCO, FRANKLIN COUNTY, WASHINGTON, FROM C-1 (RETAIL BUSINESS) TO R-3 (MEDIUM-DENSITY RESIDENTIAL). WHEREAS, Infinity Homes of Washington, LLC, the petitioner seeks to rezone Parcel No. 118-501-041, located on the northwest corner of West Court Street and Road 68 in 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 8, 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: Section 1. That 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, and 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 Commercial) to R-3 (Medium Density Residential) for the real property as shown in the Exhibit B attached hereto and described as follows: SHORT PLAT 78-1 LOT 2, EXC FDP: BEG AT SE COR OF LOT 2; TH N01D29'E, DIST 77.24'; TH S77D44'W, DIST 33.92'; TH SLY & WLY ON CURVE TO RIGHT HAVING A RADIUS OF 50', DIST 72.1'; TH S89D37'E, DIST 52.44' TO POB. TOGETHER WITH VACATED PORTION PER ORD 4621 AND EXCEPT PORTION DESCRIBED IN AFN-1970670. 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 7th day of October, 2024. APPROVED AS TO FORM: ___________________________ Kerr Ferguson Law, PLLC City Attorneys _____________________________ Pete Serrano Mayor ATTEST: _____________________________ Debra Barham, MMC City Clerk Published: Sunday, October 13, 2024 Ordinance Rezone Z 2024-002 – Peak Towneplace - 2 CITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF PARCEL #118-501-041 REZONE Z 2024-002 ) ) ) ) ) RECOMMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on May 8, 2024, the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact, Conclusions of Law, and Decision as follows: I.RECOMMENDED FINDINGS OF FACT 1.The Applicant is Infinity Homes of Washington, LLC 105609 E Wiser Parkway Kennewick, WA 99338 2.The Applicant is requesting to rezone Parcel# 118-501-041 Rezone from C-1 (Retail Business) to R-3 (Medium-Density Residential) 3.Timeline: 2 Feb 2024 Application Submitted Application Deemed Complete 3.1. 3.2. 3.3. 3.4. 3.5. 29 Feb 2024 23 April 2024 24 April 2024 1 May 2024 SEPA Determination of Non-Significance Issued Application Noticed for Public Hearing Public Hearing Staff Report Published 4.Legal: Short Plat 78-1 LOT 2, EXC FDP: BEG AT SE COR OF LOT 2; TH N01D29'E, DIST 77.24'; TH S77D44'W, DIST 33.92'; TH SLY & WLY ON CURVE TO RIGHT HAVING A RADIUS OF 50', DIST 72.1 '; TH S89D37'E, DIST 52.44' TO POB. To gether with vacated portion PER ORD 4621 and except portion described in AFN-1970670 5.General Location: Located on northwest corner ofW Court Street and Road 68. 6.Property Size: The total property size is 6.66 Acres, the area proposed for rezone comprises approximately 4.50 Acres of the property. 7.Access: The parcel has access on W Court Street and Road 68. 8.Utilities: Municipal water and sewer are available in W Court Street. Parcel Rezone 22024-002 Page 1 of 6 9.Land Use And Zoning: The site is split zoned with the southern half being C-1 (Retail Business) and the northern half being R-3 (Medium-Density Residential) and is undeveloped. Surrounding properties are zoned and developed as follows: North: RS-20 East: C-1/R-2 South: C-1/R-2 West: R-1 Low Density Residential/Single Family Dwellings Retail Business & Medium Density Residential/Nursery Retail business & Medium Density Residential/Undeveloped Low Density Residential/Single Family Dwellings 10.Comprehensive Plan: The City of Pasco Comprehensive Plan designates this site as "Mixed Residential and Commercial." The Mixed Residential and Commercial designation accommodates a diverse range of housing, nomesidential 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, and may be assigned R-1, R-2, R-3, R-4, C-1, and O designations. Per Pasco Municipal Code (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 minimum density expressed in the Comprehensive Plan 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. 11.This rezone request supports Housing GoalH-1 of the Comprehensive Plan, which encourages housing for all economic segments of the city's population consistent with the local and regional market. The rezone request is also in line with Housing Policy H-1-A which encourages the City to 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. 12.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) for this project was issued on 23 April 2024, under WAC 197-11-158. 13.Request: Applicant Infinity Homes of Washington, LLC wishes to rezone a portion of Parcel 118-501-041 in Pasco, WA 99301 from C-1 (Retail Commercial) to R-3 (Medium-Density Residential). The total site comprises approximately 6.66 acres. However, the request for rezoning applies to the 4.5 acres that carry the C-1 designation. The Pasco Comprehensive Plan designation is "Mixed Residential and Commercial," which specifies 5 to 29 dwelling units (DU) per acre. 14.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. Parcel Rezone 22024-002 Page 2 of 6 15.History: The site was annexed into the City in 2022 via Ordinance 4593 and subsequently assigned the R-3 (Medium-Density Residential) zoning designation on the northern half and the C-1 (Retail Business) on the southern half zoning designation via Ordinance 4594. The site is undeveloped. 16.Rezone Criteria: The initial review criteria for considering a rezone application are explained in PMC. 25.210.030. The criteria are listed below as follows: 17.The site was assigned the R-3 zoning designation on the northern half and C-1 zoning designation on the southern half in 2022. 18.In 2022 the site was annexed into the City and given the Mixed Residential & Commercial designation, and has remained so since. Per the applicant, due to economic conditions, the best use of the property is residential, not commercial. 19.The Mixed Residential and Commercial designation allows for R-1, R-2, R-3, R-4, C-1, and 0 zoning. Development with a higher density of dwelling units per acre will help reduce urban sprawl and increase home ownership. 20.The requested rezone is 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. 21.A change in zoning would be consistent with the Comprehensive Plan Future Land Use Map designation for the site which is Mixed Residential and Commercial. The proposed land usage matches that of the adjacent properties and have a positive impact on neighboring properties. 22.The proposed rezone would allow for development between 5 to 29 dwelling units per acre. Under the current zoning classification of C-1 (Retail Business) residential development is restricted to construction requiring a first floor containing C-1 permitted uses with residential units above. This use must also be approved via Special Permit. A change in zoning would allow the applicant more flexibility in providing the required density under the Comprehensive Plan. 23.If this rezone request is not granted, per the applicant, a project would not move forward and the property may be sold as the applicant does not construct or operate commercial projects. 24.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 minimum density expressed in the Comprehensive Plan 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. 25.The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals. Parcel Rezone Z2024-002 Page 3 of 6 26.Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri-City Herald on April 24th, 2024. 27.Applicant wishes to rezone the southern half of Parcel 118501041 from C-1 (Retail Business) to R-3 (Medium-Density Residential). 28.The total site is approximately 6.66 acres and the area of the rezone request comprises approximately 4.50 acres. 29.The site was assigned the R-3 zoning designation on the northern half and the C-1 zoning designation on the southern half in 2022 via Ordinance 4594. 30.Subsequent developments will be required to submit State Environmental Policy Act (SEPA) Checklists that consider the elements of the environment, under WAC 197-11-444, which include a great number of items but can briefly be described as the natural and built environment. Any proposals that would cause a significant impact to the environment would be mitigated through the SEPA process. 31.The R-3 zoning code allows land to be developed with a variety of residential housing including single family dwellings, zero lot line dwellings, multiple dwellings, duplexes, triplexes, and courtyard apartments. 32.Parcel 118501041 is currently undeveloped. 33.An open record public hearing was held, after legal notice, on May 8, 2024. 34.The Applicant, property owner, or agent did not appear. The Appellant was given notie of the date, place and time of the hearing. 35.No member of the public testified at the hearing. 36.The following exhibits were admitted into the record: 36.1. Ex. A Application Materials; 36.2. Ex. B Agency and Public Comment Letters; 36.3. Ex. C Staff Report; 36.4. Ex. D Remainder of Planning Staff File. 3 7. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this recommended decision. 38.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. Parcel Rezone 22024-002 Page 4 of 6 II.RECOMMENDED CONCLUSIONS OF LAW 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 "Low Density Residential." A change in zoning would be consistent with the comprehensive plan Land Use Map designation for the site and could further the goals and policies of the Comprehensive Plan such as: 1.2. Housing Policy H-1-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 only allows for a specific type of development, C-1 uses on a main floor with residential units above and must be approved through a special permit. A rezone to R-3 would allow for a variety of housing types including all those listed in this policy. 1.3. Housing Policy H-1-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 two arterial roads, W Court Street and Road 68. Significant portions of land to the south and east are zoned and designated for strictly commercial uses, the proposal could allow for higher density development adjacent to these uses; 1 .4. Land Use Policy LU-4-B: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. The proposal is located at the corner of two arterial roads, W Court Street and Road 68. The proposed rezone may provide avenues for development at a higher density than under the current zoning designation. 2.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. Additionally, a Capital Improvement Project by the City of Pasco's Public Works Department to install a new round-a-bout is planned for the intersection of W Court Street and Road 68. The installation of the round-a-bout will be mutually beneficial to a Medium-Density Residential development and will enhance the overall safety, accessibility, and mobility of the area. 3.There is merit and value in the proposal for the community as a whole. Parcel Rezone 22024-002 Page 5 of 6 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 infill development and promotes the goals of the Mixed Residential and Commercial Land Use Map Designation. 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. 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. 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 for Rezone Z 2024-002. Dated this 4 day of May, 2024 CITY OF PASCO HE ARING EXAMINER rew L.Kottkamp Parcel Rezone 22024-002 Page 6 of 6 Item:Peak Towneplace C-l to R-3 "Exhibit B"Applicant(s):In?nity Homes of Washington,LLC File #:22024—002 /SEPA2024-017IIPEARL-St W V A ROAD-7.2 I F:I‘ll