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
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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.
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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
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