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HomeMy WebLinkAbout10-09-2024 HE Packet AGENDA Hearing Examiner 6:00 PM - Wednesday, October 9, 2024 Pasco City Hall, Council Chambers & Microsoft Teams Webinar & GoToWebinar Page 1. REMOTE MEETING INSTRUCTIONS - Individuals, who would like to provide public comment remotely, may continue to do so by filling out the online form via the City’s website (www.pasco-wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of each meeting. Hearing Examiner meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. 2. CALL TO ORDER 3. PUBLIC HEARINGS 2 - 4 (a) HE2024-007 Gerizim Church Special Permit SP2023-015 Ext. 5 - 52 (b) PP2024-006 Crossings at Pearl Street 53 - 76 (c) SP2024-014 New Beginnings Church 77 - 105 (d) SP2024-015 Marathon Tesoro Butane Blending Facility 106 - 137 (e) Z2023-008 Gisi Water Tower Apartments C-1 to R-4 138 - 162 (f) ZD2024-001 Valdivia Annexation C-1 163 - 187 (g) D2024-002 Shumway C-3 4. ADJOURNMENT Page 1 of 187 REPORT TO HEARING EXAMINER PUBLIC HEARING City Hall – 525 North Third Avenue – Council Chambers Monday September 16, 2024 6:00 PM 1 MASTER FILE #: HE 2024-007 APPLICANT: Jolma Design LLC PO Box 1281 Battle Ground WA 98604 REQUEST: EXTENSION FOR A SPECIAL PERMIT: Iglesia Gerizim Church in a C- 1 (Retail Business) Zoning District BACKGROUND 1. PROPERTY DESCRIPTION: Legal: Parcel C; the East 295.16 feet of the Northeast ¼ of the Northeast ¼ of the Northeast ¼ of Section 26, Township 9 North Range 29 East, except the North 442.74 feet, and except the South 111.56 feet, and except County Road. General Location: 1310 ROAD 36 (Parcel 119491122) Property Size: Approximately .68 acres (29,580.40 square feet) 2. ACCESS: The site has access from Road 36 along the east side of the site. 3. UTILITIES: The site is served by both water and sewer services from Road 36. 4. LAND USE AND ZONING: The site is zoned C-1 (Retail Commercial) and developed with a commercial steel building. Surrounding properties are zoned and developed as follows: North: C-1 Vacant East: C-3 US Post Office South: R-1 SFDUs West: R-1 SFDUs 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for commercial uses, with a strip of Low-Density Residential along the west property line. The plan does not specifically address churches, but various elements of the plan address locating businesses in appropriate locations for their anticipated uses. Land Use Policy LU-1-D states: “Land uses should be permitted subject to adopted standards designed to mitigate land use impacts on adjacent, less intensive uses, while preserving constitutionally protected forms of expression.” Land Use Policies LU-6-A and LU-6-B direct the City to “Encourage commercial and higher-density residential uses along major corridors and leverage infrastructure availability” and “Promote efficient and functional neighborhood level and major commercial centers to meet community demand.” 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA Checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Mitigated Determination of Nonsignificance (MDNS) was issued for this project on November 2, 2023, under WAC 197-11-355. Mitigation includes the following: Page 2 of 187 2 1) Complete architectural plans are required for this change of occupancy. The plans must show that the structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, and safety to life and property from fire, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations. 2) ROW dedication to complete the cul-de-sac on 37th Court shall be required; this may interfere with the proposed parking lot expansion along the western property line. ANALYSIS Proposal Applicant Iglesia Gerizim Church received approval of a Special Permit (SP 2023-015) to operate a church facility in an existing commercial warehouse structure located at 1310 Road 36 (parcel 119491122) on November 16, 2023, with a condition that the building receive a Certificate of Occupancy (CO) within one year of Special Permit approval (condition #7). Applicant wishes to extend the Special Permit they received for the church facility. The project proposed to renovate an existing warehouse to be used for a church, including adding 30 parking spaces to the existing 10, for 40 total spaces. Site The site is developed with a 5,295-square-foot, approximately 31-foot-tall commercial warehouse structure built in 2007. The site has direct access from 1310 Road 36. The site has a transit stop approximately 0.1 mi away, accessible by walking. Churches generally locate in or near residential neighborhoods. While the site in question is in a commercial area, it is adjacent residential areas to the south and west. History The site was annexed into the City (Ordinance 2535) and assigned C-1 zoning (Ordinance 2540) in 1985. Zoning has not changed since annexation and the initial zoning determination. Owner of Bi-State Siding & Window obtained a building permit from the City of Pasco to construct a commercial warehouse structure in 1995. The Bi-State Siding & Window company, a commercial construction building and layout yard with trucks, forklifts, and other equipment, operated from the site until at least 2017. Discussion Per Pasco Municipal Code (PMC) 25.200.150 Extensions: The Hearing Examiner may grant a one-time extension without a public hearing, provided the extension does not exceed six months and an application for extension is submitted to the Hearing Examiner no later than 30 days prior to the expiration date of the special permit. As previously granted, the permit would expire on November 16, 2024, with a 30-day lead period landing on October 17, 2024; a six-month extension would grant Applicant leeway until mid-April 2025 INITIAL STAFF FINDINGS OF FACT Findings of Fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to Page 3 of 187 3 this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Staff Findings of Fact have not changed substantially since Special Permit Approval on November 16, 2023 Initial Staff findings of Fact have not changed substantially since RECOMMENDATION Staff recommends approval of a six-month extension to Special Permit 2023-015, for a church facility to be located at 1310 Road 36 (Franklin County Tax Parcel 119491122) in a C-1 (Retail Business) district with conditions as set forth herein. Page 4 of 187 REPORT TO THE HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY, 9 October 2024 6:00 PM 1 MASTER FILE #: PP 2024-006 APPLICANT: Nathan Machiela, obo, Story Family Five 400 Columbia Point Drive Suite 101-B Richland, WA 99352 REQUEST: Preliminary Plat: Subdivision of three parcels to create 71 lots within the R-3 Medium Density Residential zoning district. Timeline: 14 May 2024 Application Submitted 28 May 2024 Application Deemed Complete 2 October 2024 SEPA Mitigated Determination of Non-Significance Issued 25 October 2024 Application Noticed for Public Hearing 2 October 2024 Public Hearing Staff Report Published BACKGROUND 1) PROPERTY DESCRIPTION: Abbreviated Legal: Parcel 113-460-160: SHORT PLAT 2014-29 LOT 3 Parcel 113-460-161: SHORT PLAT 2014-29 LOT 4 Parcel 113-460-162: SHORT PLAT 2014-29 LOT 5 General Location: The end of W Pearl Street east of N 4th Avenue in Pasco, Washington. Property Size: Parcel 113-460-160: 1.85 Acres Parcel 113-460-161: 2.02 Acres Parcel 113-460-162: 2.42 Acres Total: 6.29 Acres 2) ACCESS: The property has access from W Pearl Street and via an access easement that connects to N 4th Avenue. 3) UTILITIES: Municipal water and sewer are available to the site from W Pearl Street. Sewer extends through the vacant property running north to south. Page 5 of 187 2 4) LAND USE AND ZONING: The property is zoned R-1 (Low Density Residential) and is currently developed with a single family dwelling unit and various accessory structures. Surrounding properties are zoned and developed as follows: North: I-1 Light Industrial/Freight Logistics Development East: I-1 Light Industrial/BNSF Railway Property South: R-3 Medium Density Residential/Multiple Dwelling Development West: R-3 Medium Density Residential/Multiple Dwelling Development 5) COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan designates this site as “High Density Residential.” The High-Density Residential designation is described as a variety of residential housing at a density of 21 dwelling units per acre or more, and may be assigned the R-4 zoning district designation. 6) ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist (SEPA2024-027), the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Mitigated Determination of Non-Significance (MDNS) was issued on October 2, 2024, for this project under WAC 197-11-355. 7) EXHIBITS: 1) Preliminary Plat Application – Applicant 2) Survey – Applicant 3) Title Report – Applicant 4) Mid-Block Connection Proposal – Applicant 5) Overview Map – City of Pasco 6) Vicinity Map – City of Pasco 7) Land Use Map – City of Pasco 8) Zoning Map – City of Pasco 9) Comprehensive Plan Map – City of Pasco 10) Photos – City of Pasco 11) SEPA Determination – City of Pasco 12) Affidavit of Mailing – City of Pasco 13) Affidavit of Posting – City of Pasco ANALYSIS Request Applicant proposes to subdivide three properties totaling 6.29 acres into 71 individual lots for single family attached dwellings within the R-3 Low Density Residential zoning district. New streets will be developed as a part of the development with an alternate design including easements to provide ample access to residents and the public. The proposed dwellings would be attached single family units. History The site was annexed into the City in 1949 via Ordinance 0649, a zoning determination applicable to the annexation was not readily available. Records readily available do not indicate a history of modifications to it’s current zoning of R-3 Medium Density Residential. Lot & Right-of-Way Layout The proposed plat would create 71 lots, all designated for residential development. Land would be dedicated and developed into new roadways, including an extension of W Pearl Street that would loop and connect to an access easement extension of the Housing Authority property (Parcels 113-460-158 & 113-460-159) to provide access to the newly created lots. The new roadway would be a mix of public right-of-way and Page 6 of 187 3 easements to provide access to city representatives for maintenance of the improvements, the roadway would contain 42 feet of public right-of-way and 9 feet of access/maintenance easement on each side of the right-of-way. The applicant shall be required to obtain easements for fire turnaround on dead end roads and an easement for a Secondary Emergency Vehicle Access Easement (SEVA) to meet the requirements of life safety codes. The proposed lots vary in size from 2,125 sq. ft. to 6,706 sq. ft. The applicant has stated that the structure design will be single family attached housing (split lot line development, row homes, etc.), the minimum lot sizing required for this style of construction is 1,500 sq. ft. Therefore all lots will meet the required minimum lot size for the underlying zoning designation. Lots at or above 2,500 sq. ft. in size may be developed with single family detached housing. All lots within the plat will be provided access to public right-of-way. STAFF FINDINGS OF FACT 1) Notice of the public hearing was sent to property owners within 300 feet of the subject property and the newspaper on September 25, 2024. 2) An application for the proposed plat was submitted on May 14th, 2024 and determined to be complete on May 28th, 2024. 3) The proposed site is covers Parcels 113-460-160, 113-460-161, and 113-460-162 in Pasco, WA. 4) The site’s zoning is R-3 Medium Density Residential. 5) The applicant proposes 71 new residential lots. 6) The site is currently undeveloped. 7) The project will involve the construction of new roadways to provide access to the new lots, including the extension of W Pearl Street. 8) Water and Sewer will be extended to and through the right-of-way to provide all lots with access to utilities. 9) Water rights shall be either deeded to the City or an in-lieu of fee paid prior to recording of any final plat. 10) Park and School impact fees will be collected for each lot prior to building permits being issued for new residences. 11) The site is located east of 20th Avenue and is not required to pay a Traffic Impact Fee and is therefore not included in the geographic scope in PMC 3.40.030. TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT As per PMC 21.25.060, Upon conclusion of the open record hearing, the Hearing Examiner shall make and enter findings from the record and conclusions thereof as to whether or not: (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; The proposed subdivision will be serviced by City emergency services and is located approximately 0.3 miles from Volunteer Park. The proposal is also dedicating and constructing adequate right-of-way and will be required to construct the right-of-way to meet the requirements of PMC and the Pasco Design and Construction Standards. These requirements include the construction of new sidewalks adjacent to the right- of-way for safe pedestrian travel. Utilities such as municipal water and sewer are required to be extended to and through the right-of-way to provide access to all lots within the proposed subdivision. Park and school impact fees will be collected with each building permit issued for a new dwelling to account for impacts to the school system and park land improvements and maintenance. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; Page 7 of 187 4 The proposed development will contain various types of residential dwellings and will match the residential dwelling pattern within the vicinity. While the lot sizes are smaller than those typically found in the immediate vicinity each lot will be developed to comply with the zoning code of Medium Density Residential and will be in conformance with the underlying land use designation of High Density Residential which applies for the residentially designated lands in the general vicinity. The development will also be required to construct row-of-improvements such as curb, gutter, sidewalk, street lighting, etc. for safe pedestrian travel and for the welfare of the residents. This will differ from many of the surrounding properties as such row-of-way improvements are not present. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; Pasco’s Comprehensive Plan Future Land Use Map designates the land as “High Density Residential” which allows for R-4 zoning designation and allows for a variety of residential housing at a density of 21 or more dwelling units per acre. The sites zoning designation and proposed density of 11.3 dwelling units per acre may not conform directly with the density detailed in the comprehensive plan but meets the intent of Medium Density Residential zoning it is currently designated. Further, the proposal aligns with the policies of the Comprehensive Plan such as: • 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 R-3 zoning designation allows for a variety of dwelling types, this proposal would have a mix of detached single-family dwellings and attached (zero lot line, row housing, etc.) single-family dwellings. • Land Use Policy LU-2-B: 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. The proposal is for medium density residential infill development in an area that has seen residential development in recent years. • Utilities Policy UT-1-A: Ensure that public water and sewer services are available concurrently with development in the urban growth area. Public water is already available to the site with sewer nearby. The proposal would bring public water and sewer to and through the property for each lots access and provide a closer access point for existing properties that may want to connect or bring utilities to their property. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; The City Council has adopted the Pasco Comprehensive Plan which contains various goals and policies of which the proposal conforms to, see example policies under (3) of this section. Further, the proposal conforms with some Council’s 2022-2023 goals such as: • Economic Vitality: Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes, phased sign code update, and development regulations and standards. In November of 2023 the City Council passed Ordinance 4700 relating to residential design standards. These standards provide various housing types, lot sizes, frontage widths etc. which the proposed plat will conform to and use. (5) The proposed subdivision conforms to the general purposes of this title; Title 21 “Pasco Urban Area Subdivision Regulations” contains requirements and procedures for various subdivision types. Requirements include those for streets, lots and blocks, and application materials for each type of subdivision action. The proposed subdivision meets the requirements of Title 21 in all respects. (6) The public use and interest will be served by approval of the proposed subdivision. Page 8 of 187 5 The proposed plat, if approved, will be developed in accordance with all City codes and standards designed to ensure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through developed of this plat. These factors will ensure the public use and interest are served. APPROVAL CONDITIONS 1) The Guardians Nest subdivision shall be developed in substantial conformance with the submitted Plat, except as herein modified. The subdivision shall contain 71 residential lots. 2) All improvements shall be in accordance with the Pasco Municipal Code. The Pasco Municipal Code 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 International Fire Code. If there are any conflicting regulations in any of these documents, the more stringent regulation shall apply. 3) The face of the final plat shall include this statement: “As a condition of approval of this plat the owner has waived the right to protest the formation of a Local Improvement District for right-of-way and utility improvements to the full extent as permitted by RCW 35.43.182.” 4) 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.” 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. 7) Any and all overhead power is required to be re-routed below ground, unless the applicant can demonstrate that such undergrounding is technically or financially unfeasible. 8) 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 the City of Pasco written support/approval of the proposed development from all outside utilities, public and private. 9) All fee payments for bonding of Right-Of-Way improvements and Water Rights must be paid at or before the time of final plat being submitted for signatures. 10) Street lighting will be required per City standards. 11) All stormwater is required to be maintained and treated on site in accordance with Washington State Department of Ecology and City of Pasco Standards. 12) All utilities to be extended to-and-through the property being developed. 13) The developer shall obtain easements for and develop fire turnarounds and a Secondary Emergency Vehicle Turnaround as required by Internation Fire Code prior to recording of final plat. These easements shall be recorded and shown and shown on any final plat submittals. 14) A mid-block connection shall be added to the design as shown in Exhibit (4) included within the October 9th Hearing Examiner Packet. 15) The final plat shall detail existing conditions, such as the names of neighboring subdivisions and property lines of all adjacent properties. 16) The final plat shall include a comment stating: “Existing regulations regarding sight distance, fence height, and setbacks may affect the placement of fences and driveways on any corner lots.” Page 9 of 187 6 RECOMMENDATION Staff recommends approval of the Crossings at Pearl Street Preliminary Plat located Parcels 113-460-160, 113-460-161, and 113-460-162 in Pasco, WA with conditions per above. Page 10 of 187 T Cityof Community &Economic Development Department PO Box 293,525 N 3rd Ave,Pasco,WA 99301 P:509.545.3441 /F:509.545.3499 CITY OF PASCO PRELIMINARY PLAT APPLICATION PURPOSE:The purpose of a preliminary plat is to provide the owner(s)of property wishing to divide their property into two or more lots and the City an opportunity to review the overall concept prior to initial development.The intent of the preliminary plat process is to promote orderly and efficient community growth within the requirements of RCW 58.17.035. Prior to the filing of an application for approval of a preliminary plat,it is suggested that the subdivider,or his/her agent,contact the Planning Department to discuss the requirement for the preliminary plat. 1 REQUIREMENTS: 1.Title report current within thirty (30)days 2.Application fee (see below) 3.Electronic copy of plat and adjacent properties,as defined below,in AutoCAD format for importation into the City's Geographic Information System (GIS) A completed SEPA checklist4 5.An accepted traffic impact analysis (TIA)may be required per the Pasco Design and Construction Standards. 6.Four (4)hard copies of a professionally drawn Preliminary Plat map in ANSİ D size (22x34 inches)Clearly showing: a.General information.The following general information shall appear on each sheet of a preliminary plat: i.Proposed name of the subdivision along with the words "Preliminary Plat." Names shall not be deceptively similar to names of existing subdivisions; i.Name and address of the applicant/developer and owner; ii.Name and address of the professional engineer or surveyor who prepared the preliminary plat; iv.Numeric scale,graphic scale,true north point and date of preparation; V.Location of boundary lines in relation to section,quarter-section or quarter- quarter section lines and any adjacent corporate boundaries; vi.A vicinity map sufficient to define the location and boundaries of the proposed subdivision with respect to surrounding property,streets and other major man-made and natural features shall appear on the preliminary plat. b.Existing conditions.Information on existing conditions shall appear on preliminary plats as follows: Updated May 2021 Page 1 of6 Page 11 of 187 i.Right-of Way and Parcel lines of completed and current preliminary adjacent subdivisions and/or properties within ½mile; ii.Existing Topographic features,including all utilities and contours at 5 foot intervals; ii.Location,width and name of each existing or platted street or other right-of- way,parks and other public open spaces,and permanent buildings,within the proposed subdivision; iv.The location,widths and purposes of any existing easements lying within or adjacent to the proposed subdivision as described in item "ľ above; v.The location of any well within the proposed subdivision or within one hundred (100)feet of the boundaries of the proposed subdivision. c.Proposed Development.Preliminary plats shall contain the following information about proposed developments: i.Location and width of proposed streets,alleys,pedestrian ways and easements; i.Indication of any portion or portions of the preliminary plat for which separate or successive final plats will be filed; ii.Layout,numbers and approximate dimensions of lots and numbers of blocks; iv.Location and size of all proposed parks,playgrounds,church sites,or other special uses of land considered for dedication,or reservation by deed of covenant for special use or for use of all property owners in the subdivision and any conditions of such dedication or reservation; V.Indication of proposed land use; vi.Proposed contours,as necessary,to clearly depict future improvements; vii.Two copies of proposed street grades may be required by the City Engineer where conditions warrant their being furnished. vii.For proposed subdivisions involving residential land uses,a Table shall be provided on the preliminary plat containing the following information: Total area of proposed plat in acres; 2.Number of lots and square footage of each lot; 1. 3.Minimum lot size; 4.Maxinmum lot size; 5.Average lot size; 6.Number of lots per phase;and 7.Total area of proposed rights-of-way per phase. ix.Preliminary layout of water,storm drainage and sanitary sewer systems. PUBLIC HEARING:Upon receipt of a fully completed,and accepted,application for preliminary plat approval,a date shall be set for an open record hearing before the Hearing Examiner. Upon conclusion of the public hearing,the Hearing Examiner shall approve the preliminary plat with or without conditions or deny the preliminary plat.The Hearing Examiner shall make and enter into findings from the record and conclusions thereof as to whether or not: Page 2 of 6 Page 12 of 187 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; 6.The public use and interest will be served by approval of the proposed subdivision. NOTICE OF DECISION:Following adoption of a resolution approving or denying a preliminary plat,the applicant shall be notified of the Hearing Examiner's action.The notice shall inform the applicant of applicable time limitations for final plat submittal if the preliminary plat was approved.The approved preliminary plat does not constitute an acceptance of the subdivision,but is deemed to be an authorization to proceed with preparation of the final plat. ADJUSTMENTS: 1.Minor Adjustments.Minor adjustments may be made and approved by the City Planner.Minor adjustments are those which may affect the precise dimensions of the plat but which do not affect the basic character or arrangement of the lots and streets.The adjustments cannot be inconsistent with the requirements of the preliminary plat approval.The adjustments cannot cause the subdivision to be in violation of this title,the zoning ordinance,any other applicable City land use controls,Chapter 58.17 RCW,or any other applicable state law or regulation. 2.Major Adjustments.Major adjustments are those,when determined by the City Planner,that substantially change the basic design,layout,open space or other requirements of the plat. When the City Planner determines a change constitutes a major adjustment,a new application for a preliminary plat is required and shall be processed as a new and separate application. 3.Time Limitations.A preliminary plat shall be valid for a five-year period following Hearing Exarniner approval of the preliminary plat. LARGE DEVELOPMENTS: In order to discourage premature subdivision and unfeasible improvements of streets,the following procedure is provided for: 1.When a developer or group of developers have in their control an area of land which they wish to plat,but of such a large size that the sale of a majority of the lots in the area would take more than a year,they may cause to be prepared a preliminary plat for the entire area of development; 2.On such preliminary plat,development divisions may be designated; 3.Upon approval of the preliminary plat,the developer may cause to be prepared a final plat for one or more development divisions,provided the order of development allows for the Page 3 of 6 Page 13 of 187 provision of utilities and streets with proper alignment with existing and future utilities and streets; 4.Each development division shall be considered as a final plat and provisions of these regulations shall be complied with for such development division. Additional Considerations: Due to the potential changes resulting from the Transportation Impact Analysis (TIA),plans depicting civil improvements within the plat shall not be submitted for review until the TIA,for the entire preliminary plat,is completed and accepted by the City Engineer. Page 4 of6 Page 14 of 187 CityfTPasco Master File # Community &Economic Development Department PO Box 293,525 N 3rd Ave,Pasco,WA 99301 P:509.545.3441 /F:509.545.3499 CITY OF PASCO PRELIMINARY PLAT APPLICATION Date Submitted: Applicant Info Name:Barghausen Consulting Engineers -Nathan Machiela Address:400 Columbia Point Drive Suite 101-B,Richland,WA 99352 Phone:(425)251-6222 Email:nmachiela@barghausen.com Project Address:Not Available -SE of Pearl St &4th Ave Intx Project Parcel Number:113460160,113460161,113460162 Current Zoning:R-3,Medium-Density Residential District Gross square footage of property:273,854 SF (6.29 AC) Number of lots proposed:71 Residential lots Source of domesticwater:City of PascoDomestic Water System Method of sewagedisposal:City of PascoSanitary Sewer System Development variations (density increase,planned density development,planned unit development, etc.):Land is zoned R-3 (Medium-Density),but has a High Density Residential Land Use designation.Proposal is to develop to the current R-3 Medium-Density zoning requirements.Alternate ROW section to be proposed with plat. Description of proposal:Develop 71 attached single-family residential lots (2,3,and 4 unit townhouses),with public ROW dedication.Alternate ROW section to be proposed with development. Development will utilize City water and sewer. Updated May 2021 Page 5 of 6 Owner Info (if different than applicant) Name:Story Family Five,LLC (Attn:Timn Story) PO Box 2289 Richland,WA 99352 (509)302-6136 Address: Phone: Email:tim@santillanhomes.com Page 15 of 187 Access to proposed plat (existing or proposed): Existing access provided via 2 private access &utility easements,accessed from W Pearl St and internal access routes within west adjacent development.Partial ROW extends to property boundary at NW corner of site.Proposed roads throughout subdivision to be dedicated ROW with reduced ROW section. NOTE:Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the applicant's property,as shown by a local title company OR payment of $50.00 which shall be utilized by the City to obtain a current list of property owners of all properties within 300 feet of the applicant's property. Application fee Per Lot Fee Environmental Checklist Radius Notification Preliminary Plat (physical & electronic) Applicant Signature SEPA checklist $700.00 $30.00 per lot ($950.00 max) $75.00 $50.00 $1,775 Fee Title Report TOTAL 5/9/2024 Date -102U DateOwnerSignature Page 6 of6 Page 16 of 187 51 44 67 12 49 48 50 66 71 70 69 68 3 6 7 8 9 5 4 1 2 23 17 20 19 18 16 15 14 24 21 22 13 10 63 30 38 46 64 31 39 ROW 65 32 40 25 33 41 52 26 34 42 59 27 35 43 60 28 36 62 29 37 4547 11 61 58 57 56 55 54 53 D 50 66 71 70 69 68 3 6 7 8 9 5 4 1 2 23 17 20 19 18 16 15 14 24 21 22 13 10 63 30 38 46 64 31 39 65 32 40 25 33 41 52 26 34 42 59 27 35 43 60 28 36 62 29 37 4547 11 61 51 44 67 12 49 48 58 57 56 55 54 53 CO V E R S H E E T 1 OWNER/DEVELOPER ENGINEER LAND SURVEYOR SITE ADDRESS UTILITIES BASIS OF BEARING VERTICAL DATUM TOPOGRAPHIC NOTE SCALE: 1"=80' PARCEL NUMBERS LAND USE TABLE SHEET INDEX LEGAL DESCRIPTION COVER SHEET SITE LOCATION W PEARL ST N 4 T H A V E VICINITY MAP N 1 S T A V E W COURT ST B N S F R A I L R O A D W AGATE ST N 5 T H A V E N 6 T H A V E N 7 T H A V E CENTENNIAL PARK PR E L I M I N A R Y P L A T O F TH E C R O S S I N G S A T P E A R L S T R E E T ST O R Y F A M I L Y F I V E , L L C PO B O X 2 2 8 9 RI C H L A N D , W A 9 9 3 5 2 23 2 6 0 4 N A T H A N MACHIE L A P R O F ESSIONA L E N G I N EERREGISTERED S TAT E O F W ASHI N G T O N 39372 PRELIMINARY PLAT OF "THE CROSSINGS AT PEARL STREET" A PORTION OF THE SOUTHWEST 1/4 OF SEC. 20, TWN. 9 N, RGE. 30 E, W.M. CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON FOR W PEARL ST N 4 T H A V E W AG A T E S T B N S F R A I L R O A D S N 3 R D A V E Pa g e 1 7 o f 1 8 7 20 21 21 22 23 29 27 27 22 23 24 24 25 25 26 26 28 28 2930303131323233333434 50 66 71 70 69 68 3 6 7 8 9 5 4 1 2 23 17 20 19 18 16 15 14 24 21 22 13 10 63 30 38 46 64 31 39 ROW 65 32 40 25 33 41 52 26 34 42 59 27 35 43 60 28 36 62 29 37 45 47 11 61 58 57 56 55 54 53 51 44 67 12 49 48 Parcel Table Parcel Table LO T L A Y O U T 2 SCALE: 1"=40' LOT LAYOUT PR E L I M I N A R Y P L A T O F TH E C R O S S I N G S A T P E A R L S T R E E T ST O R Y F A M I L Y F I V E , L L C PO B O X 2 2 8 9 RI C H L A N D , W A 9 9 3 5 2 23 2 6 0 4 N A T H A N MACHIE L A P R O F ESSIONA L E N G I N EERREGISTERED S TATE O F W A SHI NG T O N 39372 PRELIMINARY PLAT OF "THE CROSSINGS AT PEARL STREET" A PORTION OF THE SOUTHWEST 1/4 OF SEC. 20, TWN. 9 N, RGE. 30 E, W.M. CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON FOR W PEARL ST W AG A T E S T B N S F R A I L R O A D S Pa g e 1 8 o f 1 8 7 20 21 21 22 23 29 27 27 22 23 24 24 25 25 26 26 28 28 2930303131323233333434 51 44 67 12 49 48 58 57 56 55 54 53 50 66 71 70 69 68 3 6 7 8 9 5 4 1 2 23 17 20 19 18 16 15 14 24 21 22 13 10 63 30 38 46 64 31 39 65 32 40 25 33 41 52 26 34 42 59 27 35 43 60 28 36 62 29 37 45 47 11 61 PR E L I M I N A R Y R O A D A N D U T I L I T Y L A Y O U T 3 SCALE: 1"=40' PRELIMINARY ROAD AND UTILITY LAYOUT PR E L I M I N A R Y P L A T O F TH E C R O S S I N G S A T P E A R L S T R E E T ST O R Y F A M I L Y F I V E , L L C PO B O X 2 2 8 9 RI C H L A N D , W A 9 9 3 5 2 23 2 6 0 4 N A T H A N MACHIE L A P R O F ESSIONA L E N G I N EERREGISTERED S TATE O F W A SHI NG T O N 39372 PRELIMINARY PLAT OF "THE CROSSINGS AT PEARL STREET" A PORTION OF THE SOUTHWEST 1/4 OF SEC. 20, TWN. 9 N, RGE. 30 E, W.M. CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON FOR W PEARL ST W AG A T E S T B N S F R A I L R O A D S N 3 R D A V E Pa g e 1 9 o f 1 8 7 AL T E R N A T E R I G H T - O F - W A Y S E C T I O N 4 ALTERNATE RIGHT-OF-WAY SECTION PR E L I M I N A R Y P L A T O F TH E C R O S S I N G S A T P E A R L S T R E E T ST O R Y F A M I L Y F I V E , L L C PO B O X 2 2 8 9 RI C H L A N D , W A 9 9 3 5 2 23 2 6 0 4 N A T H A N MACHIE L A P R O F ESSIONA L E N G I N EERREGISTERED S TATE O F W A SHI NG T O N 39372 PRELIMINARY PLAT OF "THE CROSSINGS AT PEARL STREET" A PORTION OF THE SOUTHWEST 1/4 OF SEC. 20, TWN. 9 N, RGE. 30 E, W.M. CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON FOR Pa g e 2 0 o f 1 8 7 WA Subdivision Guarantee File No.: 2314936 Guarantee Serial No.: G-6329-12958 Page 1 of 5 SUBDIVISION GUARANTEE ISSUED BY STEWART TITLE GUARANTY COMPANY Guarantee No.: G-6329-12958 Fee: $326.10 Order No.: 2314936 Dated: April 30, 2024 Stewart Title Guaranty Company (the “Company”), guarantees the County of Franklin and any City within which said subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the subdivision, the only parties having any record title interest in said land whose signatures are necessary, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication by said map as referred to in the guarantee. Authorized Countersignature Stewart Title Company 7913 W. Grandridge Blvd Kennewick, WA 99336 For coverage information or assistance resolving a complaint, call (800) 729-1902 or visit www.stewart.com. In writing this company, please address it at P.O. Box 2029, Houston, Texas 77252, and refer to the printed Serial No. Page 21 of 187 SUBDIVISION GUARANTEE ISSUED BY STEWART TITLE GUARANTY COMPANY WA Subdivision Guarantee File No.: 2314936 Guarantee Serial No.: G-6329-12958 Page 2 of 5 Prepared by: Stewart Title Company 8511 W. Clearwater, Suite E Kennewick, WA 99336 Order Number: 2314936 Guarantee No.: G-6329-12958 Effective Date: April 23, 2024 Premium: $300.00 Sales Tax: $26.10 Total: $326.10 OWNERS:Story Family Five LLC, a Washington limited liability company LEGAL DESCRIPTION: See Exhibit “A” Attached Hereto SUBJECT TO: 1. Right of Ways for pipelines, ditches, canals, flumes, if any cross said premises, together with the right to enter thereon for the purpose of repair and maintenance thereof. 2. Easement in favor of Franklin County Irrigation District No. 1 and the terms and provisions thereof, as more fully set forth in the document recorded as Instrument No. 97955. 3. Bill of Sale and Assignment of Easement conveyed to The United States of America, as more fully set forth in the document recorded as Instrument No. 237959. 4. Declaration of Trust recorded May 1, 1990 under Instrument No. 471485. 5. Declaration of Trust recorded May 1, 1990 under Instrument No. 471486. 6. Declaration of Trust (Modernization Grant Projects) recorded January 19, 1993 under Instrument No. 494525. 7. Survey and the terms and conditions thereof, recorded under Instrument Number 1812787, 8. Easement granted to Falcon Video Communications, LP, as more fully set forth in the document recorded as Instrument No. 1828242. 9. Easement granted to Franklin County Irrigation District No. 1, as more fully set forth in the document recorded as Instrument No. 1818953. 10. Easement granted to Public Utility District No. 1 of Franklin County, as more fully set forth in the document recorded as Instrument No. 1838889. Page 22 of 187 SUBDIVISION GUARANTEE ISSUED BY STEWART TITLE GUARANTY COMPANY WA Subdivision Guarantee File No.: 2314936 Guarantee Serial No.: G-6329-12958 Page 3 of 5 11. Easement granted to Falcon Video Communications as more fully set forth in the instrument recorded April 27, 2015, as Document No. 1828242. 12. Restrictions, easements, dedications, notes and delineated matters contained on the face of the Plat of SHORT PLAT NO. 2014-29 as recorded under Instrument Number 1814088, and any amendments thereto. 13.MAP THE MAP CONNECTED HEREWITH IS BEING PROVIDED AS A COURTESY AND FOR INFORMATIONAL PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON. FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. STEWART ASSUMES NO LIABILITY, RESPONSIBILITY OR INDEMNIFICATION RELATED TO THE MAPS NOR ANY MATTERS CONCERNING THE CONTENTS OF OR ACCURACY OF THE MAP. 14. General taxes for the year 2024 have been paid in full: In the Amount Of: $721.12 Tax Account No.: 113-460-160 Levy Code: 101 Land: $86,600.00 Improvements: $0.00 Page 23 of 187 SUBDIVISION GUARANTEE EXHIBIT “A” LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY WA Subdivision Guarantee File No.: 2314936 Guarantee Serial No.: G-6329-12958 Page 4 of 5 Order Number: 2314936 Guarantee No.: G-6329-12958 Lot 3, SHORT PLAT NO. 2014-29, according to the Survey thereof recorded under Auditor's File No. 1814088, records of Franklin County, Washington. Situate in the County of Franklin, State of Washington. Page 24 of 187 SUBDIVISION GUARANTEE ISSUED BY STEWART TITLE GUARANTY COMPANY WA Subdivision Guarantee File No.: 2314936 Guarantee Serial No.: G-6329-12958 Page 5 of 5 Order Number: 2314936 Guarantee No.: G-6329-12958 This Guarantee and the legal description given herein are based upon information supplied by the applicant as to the location and identification of the premises in question, and no liability is assumed for any discrepancies resulting therefrom. This report does not represent either a commitment to insure title, an examination of or opinion as to the sufficiency or effect of the matters shown, or opinion as to the marketability of title to the land. Page 25 of 187 File No.: 2314936 Updated 08/24/2023 Updated: August 24, 2023 STEWART INFORMATION SERVICES CORPORATION GRAMM-LEACH BLILEY PRIVACY NOTICE This Stewart Information Services Corporation Privacy Notice (“Notice”) explains how we and our affiliates and majority-owned subsidiary companies (collectively, “Stewart,” “our,” or “we”) collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of your information. Pursuant to Title V of the Gramm-Leach Bliley Act (“GLBA”) and other Federal and state laws and regulations applicable to financial institutions, consumers have the right to limit some, but not all sharing of their personal information. Please read this Notice carefully to understand how Stewart uses your personal information. The types of personal information Stewart collects, and shares depends on the product or service you have requested. Stewart may collect the following categories of personal and financial information from you throughout your transaction: 1. Identifiers: Real name, alias, online IP address if accessing company websites, email address, account name, unique online identifier, or other similar identifiers. 2. Demographic Information: Marital status, gender, date of birth. 3. Personal Information and Personal Financial Information: Full name, signature, social security number, address, driver’s license number, passport number, telephone number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, credit reports, or any other information necessary to complete the transaction. Stewart may collect personal information about you from: 1. Publicly available information from government records. 2. Information we receive directly from you or your agent(s), such as your lender or real estate broker. 3. Information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Stewart may use your personal information for the following purposes: 1. To provide products and services to you in connection with a transaction. 2. To improve our products and services. 3. To communicate with you about our affiliates’, and others’ products and services, jointly or independently. Stewart may use or disclose the personal information we collect for one or more of the following purposes: To fulfill or meet the reason for which the information is provided. To provide, support, personalize, and develop our website, products, and services. To create, maintain, customize, and secure your account with Stewart. To process your requests, purchases, transactions, and payments and prevent transactional fraud. To prevent and/or process claims. To assist third party vendors/service providers who complete transactions or perform services on Stewart’s behalf pursuant to valid service provider agreements. As necessary or appropriate to protect the rights, property or safety of Stewart, our customers, or others. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. To help maintain the safety, security, and integrity of our website, products and services, databases and other technology- based assets, and business. To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations. Auditing for compliance with federal and state laws, rules, and regulations. Performing services including maintaining or servicing accounts, providing customer service, processing, or fulfilling orders and transactions, verifying customer information, processing payments. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred. Page 26 of 187 File No.: 2314936 Updated 08/24/2023 Stewart will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated as your agent throughout the course of your transaction (for example, your realtor, broker, or a lender). Stewart may disclose your personal information to non-affiliated third-party service providers and vendors to render services to complete your transaction. We share your personal information with the following categories of third parties: Non-affiliated service providers and vendors we contract with to render specific services (For example, search companies, mobile notaries, and companies providing credit/debit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.) To enable Stewart to prevent criminal activity, fraud, material misrepresentation, or nondisclosure. Stewart’s affiliated and subsidiary companies. Parties involved in litigation and attorneys, as required by law. Financial rating organizations, rating bureaus and trade associations, taxing authorities, if required in the transaction. Federal and State Regulators, law enforcement and other government entities to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order. The law does not require your prior authorization or consent and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or browsing information with non-affiliated third parties, except as required or permitted by law. Right to Limit Use of Your Personal Information You have the right to opt-out of sharing of your personal information among our affiliates to directly market to you. To opt-out of sharing your information with affiliates for direct marketing, you may send an “opt out” request to OptOut@stewart.com, or contact us through other available methods provided under “Contact Information” in this Notice. We do not share your Personal Information with nonaffiliates for their use to directly market to you without your consent. How Stewart Protects Your Personal Information Stewart maintains physical, technical, and administrative safeguards and policies to protect your personal information. Contact Information If you have specific questions or comments about this Notice, the ways in which Stewart collects and uses your information described herein, or your choices and rights regarding such use, please do not hesitate to contact us at: Phone: Toll Free at 1-866-571-9270 Email: Privacyrequest@stewart.com Postal Address: Stewart Information Services Corporation Attn: Mary Thomas, Chief Compliance and Regulatory Officer 1360 Post Oak Blvd., Ste. 100, MC #14-1 Houston, TX 77056 Page 27 of 187 File No.: 2314936 Updated 08/24/2023 Effective Date: January 1, 2020 Updated: August 24, 2023 STEWART INFORMATION SERVICES CORPORATION PRIVACY NOTICE FOR CALIFORNIA RESIDENTS Stewart Information Services Corporation and its affiliates and majority-owned subsidiary companies (collectively, “Stewart,” “our,” or “we”) respect and are committed to protecting your privacy. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act of 2020 (“CPRA”), we are providing this Privacy Notice (“CCPA Notice”). This CCPA Notice explains how we collect, use, and disclose personal information, when and to whom we disclose such information, and the rights you, as a California resident have regarding your Personal Information. This CCPA Notice supplements the information contained in Stewart’s existing privacy notice and applies solely to all visitors, users, consumers, and others who reside in the State of California or are considered California Residents as defined in the CCPA (“consumers” or “you”). All terms defined in the CCPA & CPRA have the same meaning when used in this Notice. Personal and Sensitive Personal Information Stewart Collects Stewart has collected the following categories of personal and sensitive personal information from consumers within the last twelve (12) months: A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information. C. Protected classification characteristics under California or federal law. Age, race, color, ancestry, national origin, citizenship, marital status, sex (including gender, gender identity, gender expression), veteran or military status. D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. E. Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. F. Geolocation data Stewart obtains the categories of personal and sensitive information listed above from the following categories of sources: Directly and indirectly from customers, their designees, or their agents (For example, realtors, lenders, attorneys, brokers, etc.) Directly and indirectly from activity on Stewart’s website or other applications. From third parties that interact with Stewart in connection with the services we provide. Use of Personal and Sensitive Personal Information Stewart may use or disclose the personal or sensitive information we collect for one or more of the following purposes: a. To fulfill or meet the reason for which the information is provided. b. To provide, support, personalize, and develop our website, products, and services. c. To create, maintain, customize, and secure your account with Stewart. d. To process your requests, purchases, transactions, and payments and prevent transactional fraud. e. To prevent and/or process claims. f. To assist third party vendors/service providers who complete transactions or perform services on Stewart’s behalf pursuant to valid service provider agreements. g. As necessary or appropriate to protect the rights, property or safety of Stewart, our customers, or others. h. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. i.To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law). j. To help maintain the safety, security, and integrity of our website, products and services, databases and other technology-based assets, and business. k. To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations. l. Auditing for compliance with federal and state laws, rules, and regulations. m. Performing services including maintaining or servicing accounts, providing customer service, processing, or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services or other similar services. n. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred. Page 28 of 187 File No.: 2314936 Updated 08/24/2023 Stewart will not collect additional categories of personal or sensitive information or use the personal or sensitive information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated as your agent throughout the course of your transaction (for example, a realtor, broker, or a lender). We share your personal information with the following categories of third parties: a. Service providers and vendors we contract with to render specific services (For example, search companies, mobile notaries, and companies providing credit/debit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.) b. Affiliated Companies. c. Parties involved in litigation and attorneys, as required by law. d. Financial rating organizations, rating bureaus and trade associations. e. Federal and State Regulators, law enforcement and other government entities In the preceding twelve (12) months, Stewart has disclosed the following categories of personal information: Category A: Identifiers Category B: California Customer Records personal information categories Category C: Protected classification characteristics under California or federal law Category D: Commercial Information Category E: Internet or other similar network activity Category F: Non-public education information A. Your Consumer Rights and Choices Under CCPA and CPRA The CCPA and CPRA provide consumers (California residents as defined in the CCPA) with specific rights regarding their personal information. This section describes your rights and explains how to exercise those rights. i. Access to Specific Information and Data Portability Rights You have the right to request that Stewart disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, Stewart will disclose to you: The categories of personal information Stewart collected about you. The categories of sources for the personal information Stewart collected about you. Stewart’s business or commercial purpose for collecting that personal information. The categories of third parties with whom Stewart shares that personal information. The specific pieces of personal information Stewart collected about you (also called a data portability request). If Stewart disclosed your personal data for a business purpose, a listing identifying the personal information categories that each category of recipient obtained. ii. Deletion Request Rights You have the right to request that Stewart delete any personal information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, Stewart will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. Stewart may deny your deletion request if retaining the information is necessary for us or our service providers to: 1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you. 2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. 3. Debug products to identify and repair errors that impair existing intended functionality. 4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. 5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.). 6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent. 7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. 8. Comply with a legal obligation. 9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it. iii. Opt-Out of Information Sharing and Selling Stewart does not share or sell information to third parties, as the terms are defined under the CCPA and CPRA. Stewart only shares your personal information as commercially necessary and in accordance with this CCPA Notice. iv. Correction of Inaccurate Information You have the right to request that Stewart correct any inaccurate information maintained about. Page 29 of 187 File No.: 2314936 Updated 08/24/2023 v. Limit the Use of Sensitive Personal Information You have the right to limit how your sensitive personal information, as defined in the CCPA and CPRA is disclosed or shared with third parties. Exercising Your Rights Under CCPA and CPRA If you have questions or comments about this notice, the ways in which Stewart collects and uses your information described herein, your choices and rights regarding such use, or wish to exercise your rights under California law, please submit a verifiable consumer request to us by the available means provided below: 1. Emailing us at OptOut@stewart.com; or 2. Visiting https://www.stewart.com/en/quick-links/ccpa-request.html Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child, if applicable. To designate an authorized agent, please contact Stewart through one of the methods mentioned above. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Stewart cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with Stewart. Response Timing and Format We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. A written response will be delivered by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. Stewart does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Non-Discrimination Stewart will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: Deny you goods or services. Charge you a different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. Provide you a different level or quality of goods or services. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. Record Retention Your personal information will not be kept for longer than is necessary for the business purpose for which it is collected and processed. We will retain your personal information and records based on established record retention policies pursuant to California law and in compliance with all federal and state retention obligations. Additionally, we will retain your personal information to comply with applicable laws, regulations, and legal processes (such as responding to subpoenas or court orders), and to respond to legal claims, resolve disputes, and comply with legal or regulatory recordkeeping requirements. Changes to This CCPA Notice Stewart reserves the right to amend this CCPA Notice at our discretion and at any time. When we make changes to this CCPA Notice, we will post the updated Notice on Stewart’s website and update the Notice’s effective date. Link to Privacy Notice https://www.stewart.com/en/privacy.html Contact Information Stewart Information Services Corporation Attn: Mary Thomas, Chief Compliance and Regulatory Officer 1360 Post Oak Blvd., Ste. 100, MC #14-1 Houston, TX 77056 Page 30 of 187 Pa g e 3 1 o f 1 8 7 Pa g e 3 2 o f 1 8 7 Pa g e 3 3 o f 1 8 7 Pa g e 3 4 o f 1 8 7 Pa g e 3 5 o f 1 8 7 Pa g e 3 6 o f 1 8 7 The picture can't be displayed. Looking North Pa g e 3 7 o f 1 8 7 The picture can't be displayed. Looking Northeast Pa g e 3 8 o f 1 8 7 The picture can't be displayed. Looking East Pa g e 3 9 o f 1 8 7 The picture can't be displayed. Looking Southeast Pa g e 4 0 o f 1 8 7 The picture can't be displayed. Looking South Pa g e 4 1 o f 1 8 7 The picture can't be displayed. Looking Southwest Pa g e 4 2 o f 1 8 7 The picture can't be displayed. Looking West Pa g e 4 3 o f 1 8 7 The picture can't be displayed. Looking Northwest Pa g e 4 4 o f 1 8 7 Page 45 of 187 Page 46 of 187 Affidavit of Mailing In regards to MF# PP2024-006 I, Carmen Patrick, hereby confirm that notification was sent by mail September 23, 2024 to the owners of the parcels within 300 feet of the proposed site . The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was sent and to whom received the notification. Given under my hand and official signature this 23rd day , September of 2024 . Representative's Signature Page 47 of 187 Page 48 of 187 ity of sco Community De\elopment Depa 1t ment PO Box 293,525 N 3 "Ave, Pase.a , WA 99301 P 509 545 .3 441 / F: 509 545 .3499 PUBLIC NOTICE Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor Ila me al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509 -545-3441. Proposal: Nathan Machiela , on behalf of Story Fam i ly Five , has submitted a Preliminary Plat (PP 2024-006) for a 71 -lot subdivision on approximately 6.29 acres located on Parcel #s 113 -460-160, 113 -460 -161, and 113-460-162 . Said property is located east of N 4th Avenue at the end of W Pearl Street, in Pasco , WA. The proposal is subject to regulations contained in the Pasco Municipal Code . Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m . on October 9, 2024, to be included in the Hearing Examiner packet . If you have questions on the proposal , contact the Plann i ng Division at (509) 905 -2604 or via e-mail to : hat t oria@pasco -wa .gov . Open Record Hearing: The Hearing Examiner will conduct the open record hearing at 6:00 p.m . on October 9, 2024 in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco , Washington . The Hearing Examiner will consider public testimony concerning the above application at this meeting. If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www .pasco -wa.gov/pub li ccom men t After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the Preliminary Plat within ten (10) days of the public hearing . Prepared 23 September 2024 by: Andrew Hattori, Assoc iate Planner , PO Box 293 Pasco , WA 99301 (509) 905-2604 Th e City of Pasco we lco mes full pa rt icipa ti on in pu bli c mee tin gs by all ci tizens. No qua lifi ed ind ivi du al with a disa bility sha ll be exc lud ed or denied th e bene fit of parti cip ating in such mee t ings. If yo u wis h to use auxili ary aids o r req uire ass istance to co mm ent at th is publ ic meeting , pl ease co nt act th e Commun ity Deve lopm ent Depart ment at (509) 545-3441 or TDD (509) 585 -4425 at leas t ten days pr io r to th e date of th e mee tin g to make arr ange ments for spec ial needs . Page 49 of 187 WP EARL ST ;?¥~ 'I .-.~.OJ.' ,,-.,~•~ ,, 1 ,,, ,., ,, .. .,.. -:~f" izy •.. -.,t / ll ,j( -~ ,l ,f.,:,_~ •·\/'.' LOT .LAYOUT FOR PRELIMINARY PLAT OF "THE CROSSINGS AT PEARL STREET" A PO RTI ON O F THE S OU THWES T 1,'4 O F SE C. 2 0 . TWII. 9 11. R GE . JO E. W.1,1. C ITY O F PASC O. FR AII KLI IJ CO UMTV . WASH.II JG TO Ii ! " 46 45 44 I I 5 1 4 8 49 50 ,.,.~.,.•~~ . L •T ·$:~~-:- ~~·· '. ,.·••·f,. .. )., ;i• r.'J >- 52 5 3 54 55 ,71 7 () 69 IS8 67 66 f ,1£-C I -n r c.i 56 43 42 4 1 4 () 57 58 jg 38 5 9 37 36 35 34 33 2 32 \ 3 \ \ 4 \ \ 5 \ \ N i [i] " ',. \ ~ (I \ 10 RO W \ '\ , •• t ·£ a:~, ' 'ti T C ◄ \ 1 1 12 ~"' ~\ " "' 13 14 31 15 16 li O 61 6 2 63 ,;4 rl5 30 29 28 27 26 2 5 £,.[-[ "I 11 T -E··-4·- 1 7 \\ U! 19 \ 20 \ 21 \ \ 22 23 24 ' < , 11 • T r ... 1. 01c el T.lO~ • r Parcel Taote •' , r Pa g e 5 0 o f 1 8 7 1\ME ADDRESS CITY STATE ZIP JH COMMERCIAL VENTURES LLC 4520 W WERNETT RD PASCO WA 99301 )SE D PRADA NUNEZ (ETUX ) 8411 QUEENSBURY DR PASCO WA 99301 ~AMAR FAMILY INVESTMENTS LLC 4920 HERSHEY LN WEST RICHLAND WA 99353 )USING AUTHORITY-PASCO & FRAN 2505 W LEW IS ST PASCO WA 99301 TY OF PASCO-A . HATTORI PO BOX 293 PASCO WA 99301 Pa g e 5 1 o f 1 8 7 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 14026 595593 Print Legal Ad-IPL01957410 - IPL0195741 PP 2024-006 Crossings at $198.39 1 66 L Debra BarhamAttention: CITY OF PASCO/LEGALS PO BOX 293 PASCO, WA 99301 accountspayable@pasco-wa.gov COUNTY OF BENTON) SS STATE OF WASHINGTON) Mary Castro, being duly sworn, deposes and says, I am the Legals Clerk of The Tri-City Herald, a daily newspaper. That said newspaper is a local newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publications hereinafter referred to, published continually as a daily newspaper in Benton County, Washington. That the attached is a true copy as it was printed in the regular and entire issue of the Tri- City Herald and not in a supplement thereof, ran 1 time (s) commencing on 09/25/2024, and ending on 09/25/2024 and that said newspaper was regularly distributed to its subscribers during all of this period. 1 insertion(s) published on: 09/25/24 (Signature of Legals Clerk) Sworn to and subscribed before me this 25th day of September in the year of 2024 Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy!Page 52 of 187 REPORT TO HEARING EXAMINER PUBLIC HEARING City Hall – 525 North Third Avenue – Council Chambers Wednesday October 9,2024 6:00 PM 1 MASTER FILE #: SP 2024-014 APPLICANT: New Beginning church c/o Ronald D. Houe 1717 W. Brown St Pasco WA 99301 REQUEST: SPECIAL PERMIT: New Beginning Church in an “O” (Office) Zoning District BACKGROUND 1. PROPERTY DESCRIPTION: Legal: The south 50’ of Lots 1 and 2, and all of Lot 7, Block 2, North Poplar Addition to Pasco. General Location: 745 West Court Street (Parcels 113394257, 113394266, and 113394275) Property Size: Approximately .64 acres (28,048.90 square feet) 2. ACCESS: The site has access from West Court Street and North 7th Avenue, as well as from a partially- developed alley which bisects the proposed Special Permit site east-to-west, and dead-ends at a parking lot to the east. 3. UTILITIES: The site is connected to water service from North 7th Avenue, and sewer service from the alley which runs south of Lots 1 and 2 and north of Lot 7, of North Poplar Addition. 4. LAND USE AND ZONING: The south 50 feet of Lots 1 and 2 is zoned R-3 and is vacant; Lot 7 is zoned “O” (Office) and developed with a commercial brick building. Surrounding properties are zoned and developed as follows: North: R-3 Residential Multi- Family East: R-3 Residential Multi- Family South: C-1 SFDUs West: C-1 SFDUs; Multi-Family Residential 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for Medium-Density Residential uses. The plan does not specifically address churches, but various elements of the plan address locating businesses in appropriate locations for their anticipated uses. Land Use Policy LU-1-D states: “Land uses should be permitted subject to adopted standards designed to mitigate land use impacts on adjacent, less intensive uses, while preserving constitutionally protected forms of expression.” Land Use Policies LU-6- A and LU-6-B direct the City to “Encourage commercial and higher-density residential uses along major corridors and leverage infrastructure availability.” Page 53 of 187 2 ANALYSIS Proposal Applicant Ronald D. Houe, on behalf of New Beginning Church wishes to operate a church facility in an existing commercial brick structure located at 745 West Court Street. The site consists of three separate tax parcels (Parcels 113394257, 113394266, and 113394275) under the same ownership. The project proposes to utilize an existing commercial structure for a church. Site The 3-parcel site comprises approximately .64 acres and is developed with a 3,542-square-foot brick commercial structure built in 1972. The site has direct access from both West Court Street and North 7th Avenue. A transit stop is located approximately 212 feet to the east. Churches generally locate in or near residential neighborhoods. While the site in question is in a commercial zoning district, it is surrounded by residential uses on all sides. History The site was annexed into the City in 1949 (Ordinance 649). The site was zoned R-3 (Medium-Density Residential) until 1991 when the City Council approved Ordinance 2834 amending the zoning classification for the parcel along West Court Street (Parcel 113394275) to “O” (Office). The space was used by Serra Care Plasma Center beginning around 1996, and as Florian Thompson DMD dental office beginning around 2004. From around 2008 to 2021 the property appears to have been abandoned. The property had been cited for property maintenance issues repeatedly from 2004 through 2021. A sign for Casa de Dios Puerta al Cielo Church seen on the south face of the building in a 2024 Google Earth photo, indicates the use was changed to assembly; however, no building permit or business license application was submitted nor obtained by this organization. The City received an application for New Beginning Christian Community Church on August 28, 2024; this application was placed on “HOLD” pending Special Permit review. Discussion Church facilities require Special Permit review in the “O” (Office) zoning district under the provisions of Pasco Municipal Code (PMC) 25.80.040(2) The footprint for the proposed church is 3,542 square feet with a worship area of approximately 1,836 square feet. Per PMC 25.185.170(2) churches are required to have one space for four fixed seats based upon maximum seating capacity or at least one space for every 10 lineal feet of bench seating, or places with no fixed seating, one space for every 100 square feet of floor area. For an 1,836-square-foot worship area, 19 parking spaces would be required. There are no marked parking stalls on site; however, there is a 50’ X 170’ area to the rear of the building which appears to provide sufficient space for 19 on-site parking spaces. Applicant would be required to stripe the parking area prior to occupancy. As mentioned above, the site has access from a partially-developed alley which bisects the proposed Special Permit site east-to-west, and dead-ends at a parking lot to the east. Parking will need to be located outside the alley right-of-way. Per ITE Trip Generation Manual 11th edition Land Use Code (LUC) 720, the former use, Medical/Dental office could have generated an average of 13.74 weekday AM peak-hour trips (3.74 per 1,000 sq ft); Per ITE Trip Generation Manual 11th edition LUC 560, the proposed church use could generate a projected 36.7 Sunday trips (10.36 Sunday trips per 1,000 square feet), or approximately 23.45 new trips; however, this would not be an apples to apples comparison as Sunday traffic is typically lower than weekday traffic. As such, the weekdays impact on the surrounding nearby roadways and intersections should be minor. Page 54 of 187 3 INITIAL STAFF FINDINGS OF FACT Findings of Fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Public notice of this hearing was sent to property owners within 300 feet of the property and in the Tri-City Herald on September 16, 2024. 2. Applicant wishes to operate a church facility at 745 West Court Street. 3. The site consists of three separate tax parcels (Parcels 113394257, 113394266, and 113394275). 4. The project proposes to utilize an existing commercial structure for a church. 5. The 3-parcel site is approximately .64 acres (28,048.90 square feet). 6. The site is developed with a 3,542-square-foot brick commercial structure built in 1972. 7. The site has direct access from both West Court Street and North 7th Avenue. 8. A transit stop is located approximately 212 feet to the east. 9. Churches generally locate in or near residential neighborhoods. 10. The site is surrounded by residential uses on all sides. 11. The site was annexed into the City of Pasco in 1949 (Ordinance 649). 12. The site was zoned R-3 (Medium-Density Residential) prior to 1991 13. The site was rezoned to “O” (Office) in 1991 (Ordinance 2834). 14. The site was used by a Plasma Center beginning around 1996. 15. The site was used as a dental office beginning around 2004. 16. The site appears to have been abandoned from around 2008 to 2021. 17. The site was cited for property maintenance issues repeatedly from 2004 through 2021. 18. A church may have used the site in or around 2024 without building permit or business license. 19. New Beginning Christian Community Church applied for a business license on August 28, 2024. 20. The New Beginning application was placed on “HOLD” pending Special Permit review. 21. Church facilities require Special Permit review in the “O” (Office) zoning district under the provisions of Pasco Municipal Code (PMC) 25.80.040(2). 22. The total building footprint for the proposed church is around 3,542 square feet; the worship area is approximately 1,836 square feet. 23. Per PMC 25.185.170(2) churches are required to have one space for four fixed seats based upon maximum seating capacity or at least one space for every 10 lineal feet of bench seating, or places with no fixed seating, one parking space for every 100 square feet of floor area. 24. Nineteen parking spaces would be required for an 1,836-square-foot worship area. 25. There is a 50’ X 170’ area to the rear of the building which appears to provide sufficient space for 19 on-site parking spaces. Page 55 of 187 4 26. Applicant would be required to stripe the parking area prior to occupancy. 27. Per ITE Trip Generation Manual 11th edition (LUC 560), churches generate approximately 31.46 Sunday trips per 1,000 square feet. 28. An 1,836-square-foot worship area would generate approximately 57.76 Sunday trips. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed plat the Hearing Examiner must develop findings of fact from which to draw its conclusion (PMC 25.200.080 and 25.200.100) therefrom as to whether or not: 1. Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Comprehensive Plan indicates the site is intended for Medium-Density Residential uses. The plan does not specifically address churches, but various elements of the plan address locating businesses in appropriate areas for their anticipated uses. Land Use Policy LU-1-D states: “Land uses should be permitted subject to adopted standards designed to mitigate land use impacts on adjacent, less intensive uses, while preserving constitutionally protected forms of expression.” 2. Will the proposed use adversely affect public infrastructure? The building is located along an arterial street in an area that is fully served by all City utilities. Public infrastructure was designed to serve the demands of commercial activities. The church facility use of the property might increase water usage slightly. 3. Will the proposed use be constructed, maintained, and operated to be in harmony with existing or intended character of the general vicinity? The proposal would use an existing commercial structure and parking area; the existing/intended character of the general vicinity is a mix of commercial and multi-family residential uses along an arterial street. The facility would be required to operate in a professional manner compatible with surrounding uses, taking responsibility for day-to-day facility repairs and ongoing maintenance, security, and upkeep of the property. 4. Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The surrounding area is fully developed with multi-family uses. The proposal involves utilizing an existing building; the location and height of the building will not change. 5. Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The site is surrounded by multi-family uses; as well, many allowed office uses are functionally analogous to the proposed church use. 6. Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? Church facility uses typically do not endangered public health. The proposed use does not involve the manufacture, production or sale of any product that could endanger the public or become a nuisance. PROPOSED APPROVAL CONDITIONS Page 56 of 187 5 1) The special permit shall apply to Parcels 113394257, 113394266, and 113394275. 2) The facility shall operate in a professional manner, including day-to-day facility repairs and ongoing maintenance, security, and upkeep of the property. 3) Maximum building capacity shall be based on current International Fire Code (IFC) fire rating, as approved by the City of Pasco. Increased capacity shall require improvements meeting City- adopted IFC standards. 4) Off-street parking shall be required per PMC 25.185.170(1) and PMC 25.185.170(2). The parking area shall be striped prior to issuance of a Business License/Occupancy Permit. 5) Applicant shall commence the special use authorized or obtain a building permit for construction of authorized facilities within one year of Special Permit approval, or the special permit shall expire. 6) This special permit shall be administratively reviewed in two years from the date of approval for issues associated with parking, noise, and compatibility with surrounding uses. RECOMMENDATION Staff recommends approval of a church facility to be located on the south 50’ of Lots 1 and 2, and all of Lot 7, Block 2, North Poplar Addition to Pasco, at 745 West Court Street (Parcels 113394257, 113394266, and 113394275) in an “O” (Office) district with conditions as set forth herein. Page 57 of 187 Pa g e 5 8 o f 1 8 7 Pa g e 5 9 o f 1 8 7 Pa g e 6 0 o f 1 8 7 Pa g e 6 1 o f 1 8 7 Pa g e 6 2 o f 1 8 7 The picture can't be displayed. Looking North Pa g e 6 3 o f 1 8 7 The picture can't be displayed. Looking Northeast Pa g e 6 4 o f 1 8 7 The picture can't be displayed. Looking East Pa g e 6 5 o f 1 8 7 The picture can't be displayed. Looking Southeast Pa g e 6 6 o f 1 8 7 The picture can't be displayed. Looking South Pa g e 6 7 o f 1 8 7 The picture can't be displayed. Looking Southwest Pa g e 6 8 o f 1 8 7 The picture can't be displayed. Looking West Pa g e 6 9 o f 1 8 7 The picture can't be displayed. Looking Northwest Pa g e 7 0 o f 1 8 7 The picture can't be displayed. Site Pa g e 7 1 o f 1 8 7 The picture can't be displayed. Rear Parking Area Pa g e 7 2 o f 1 8 7 Affidavit of Mailing In regards to MF# SP2024-014 I, Carmen Patrick, hereby confirm that notification was sent by mail September 162, 2024 to the owners of the parcels within 300 feet of the proposed site. The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was sent and to whom received the notification. Given under my hand and official signature this 16th day, September of 2024. Representative's Signature Page 73 of 187 Community De\ lopment DPpartment PO Box 293,525 N 3 Ave, Pasco WA 99301 P 509 545 3441 / F. 509.545.3499 CITY OF PASCO NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor llame al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441. PLEASE TAKE NOTICE that the Pasco Hearing Examiner will hold a public hearing at 6:00 p.m., Wednesday, October 9, 2024 to consider a Special Permit application (SP 2024-014) to locate a Church in an existing building on Lot 7, Block 2 of North Poplar Addition to Pasco at 745 West Court Street in Pasco, WA, 99301 (Parcels 113394257, 113394266, and 113394275). The proposal is subject to regulations contained in the Pasco Municipal Code. Location: The site is located at 745 West Court Street in Pasco, Franklin County, WA. Legal Description: Lot 7, Block 2 of North Poplar Addition to Pasco. THEREFORE, LET ALL CONCERNED TAKE NOTICE that a Public Hearing will be held by the Hearing Examiner of the City of Pasco, Washington, in the City Council Chambers, Pasco City Hall, 525 N 3rd Ave at the hour of 6:00 p.m., Wednesday, October 9, 2024, so that all concerned may appear and present any objections or support for the Special Permit Application. If you have questions on the proposal, contact the Planning Division at (509} 545-3441 or via e­ mail to: adamsj@pasco-wa.gov. If you wish to participate virtually in the hearing, please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Public Comment Period: Written comments submitted to the Community Development Department by 5:00 p.m. on Wednesday, October 2, 2024 will be included in the Hearing Examiner's meeting packet. You may also submit comments at the Hearing Examiner meeting advertised above. Prepared September 16, 2024, by: Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco, WA 99301 (509} 545-3441. The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require as sistance to comment at this public meeting, please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs. Page 74 of 187 Vicinitv .., Map Feet Item: Special Permit -Church in an "O" Zoning District i\pplicant(s): Ronald Houf c/o Ne,v Beginning Church File#: SP 2024-014 ·1 ' - ' .• N A l "' ... ·I\.. I A nd the GI'., Lser ConmJnity Pa g e 7 5 o f 1 8 7 ,ME ADDRESS CITY STATE ZIP ION MESA & GLORIA MESA TORRES 2411 E GEORGE ST PASCO WA 99301 \RIA C HEURING 5810 PIERRE DR PASCO WA 99301 �ROLD & CAROLYN HA YES 738 W COURT ST PASCO WA 99301 CAH LEE WOMACK (ETUX) 742 W COURT ST PASCO WA 99301 ffURO & MARIA G AVILA 746 W COURT ST PASCO WA 99301 IIS & MARIA RAMOS 719 W BROWN ST PASCO WA 99301 IPE & NORAELIA BENAVIDEZ PO BOX 5339 PASCO WA 99302 >SE C REYES (ETAL)PO BOX 3172 PASCO WA 99302 ,L VADOR CORONA 737 W BROWN ST PASCO WA 99301 �EGORY W (TR) WYATT 1405 N 7TH AVE PASCO WA 99301 {I-CITIES COMMUNITY HEAL TH PO BOX 1452 PASCO WA 99301 :NTON FRANKLIN COMMUNITY ACTI 720 W COURT ST PASCO WA 99301 >SE MIGUEL RAMIREZ (ETAL)917 W RUBY ST PASCO WA 99301 JTONIO & PATRICIA TREJO 2012 N ROAD 35 PASCO WA 99301 .ICIA CRUZ 907 W RUBY ST PASCO WA 99301 >SE FELIPE GARIBAY UVALLE 903 W RUBY ST PASCO WA 99301 �GEL O GARCIA ALVAREZ (ETUX)4604 W OCTAVE ST PASCO WA 99301 :SUS VERA ACEVEDO PO BOX 2881 PASCO WA 99302 �NOLDO SITAL (ETAL)4825 BERMUDA DUNES DR PASCO WA 99301 )SE CHAVEZ GARCIA (ETAL)10113 W COURT ST PASCO WA 99301 SSATA SIDIBE 99302 E SIDIBE PR SE KENNEWICK WA 99338 /\RIA R (ETAL) SANCHEZ 920 W RUBY ST PASCO WA 99301 �I-CITIES COMMUNITY HEAL TH 800 W COURT ST Pasco WA 99301 -4175 ;ILE PROPERTY HOLDINGS LLC 3114 S EVERETT PL KENNEWICK WA 99337 ES MATIAS 74104 N SR 225 BENTON CITY WA 99320 \SH INVESTMENTS LLC 5218 W LIVINGSTON RD PASCO WA 99301 AN & MELISSA BARRAZA 6703 EAGLE CREST DR PASCO WA 99301 ,TELA TORRES 1515 N 7TH AVE PASCO WA 99301 N LAND & CATTLE 2699 N ROAD 68 PASCO WA 99301 \G INVESTMENTS LLC 12910 SE 44TH CT BELLEVUE WA 98006 :FF ADAMS 620 BIRCH AVE RICHLAND WA 99352 Pa g e 7 6 o f 1 8 7 REPORT TO THE HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY, 9 October 2024 6:00 PM 1 MASTER FILE #: SP 2024-015 APPLICANT: Mauricio Palen, for Angela Brown of Marathon Petroleum 646 Vermont St Suite 200 Lawrence, KS 66044 REQUEST: Special Permit: Construction and use of a butane blending facility at an existing petroleum product storage and transmission facility. Timeline: 22 August 2024 Application Submitted 22 August 2024 Application Deemed Complete 25 September 2024 Application Noticed for Public Hearing 2 October 2024 Public Hearing Staff Report Published BACKGROUND 1) PROPERTY DESCRIPTION: Abbreviated Legal: TRACT 2-A PTN SW4 35-9-30 SEE ASSESSOR CARD FOR DESCRIPTION LESS GAS LINE EASE (26600) General Location: Parcel # 112-580-020, Pasco, WA 99301 Property Size: 5.78 Acres 2) ACCESS: The site is accessed from Sacajawea Park Road. 3) UTILITIES: Municipal water is available within the Sacajawea Park Road frontage, municipal sewer is available in Sacajawea Park Road approximately 2,200 feet to the southwest. 4) LAND USE AND ZONING: The property is zoned I-2 (Medium Industrial) and is currently developed with a petroleum product storage and transmission facility. Surrounding properties are zoned and developed as follows: North: I-2 Medium Industrial/Undeveloped Land East: I-2 Medium Industrial/Extension of Subject Facility South: I-2 Medium Industrial/Extension of Subject Facility and Columbia River West: I-2 Medium Industrial/Undeveloped Land 5) COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as “Industrial”. The Industrial designation allows for I-1, I-2, and I-3 zoning; development may be manufacturing, food processing, storage and wholesale distribution of equipment and products, hazardous material storage, and Page 77 of 187 2 transportation related facilities. 6) ENVIRONMENTAL DETERMINATION: The City of Pasco (City) is the SEPA lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Mitigated Determination of Non- Significance (MDNS) was issued on September 12th, 2024, for this project under WAC 197-11-355. 7) EXHIBITS: 1) Special Permit Application – Applicant Submittal 2) Permit Drawings – Applicant Submittal 3) Overview Map – City of Pasco 4) Vicinity Map – City of Pasco 5) Zoning Map – City of Pasco 6) Comprehensive Plan Map – City of Pasco 7) Site Photos – City of Pasco 8) SEPA Determination – City of Pasco 9) Affidavit of Mailing – City of Pasco BACKGROUND Request Applicant proposes to construct and operate a Butane Blending Facility at a site with an existing petroleum product storage and transmission facility. The proposal involves the installation of a single 60,000-gallon butane storage tank, one truck butane offload station, a single butane pump and consolidated butane injection skid with three injection lines. The scope includes associated equipment foundations, pipe supports and piping for the new butane blending system. Site The site is mostly developed, areas not covered by structures have been graded and covered with gravel. Those lands outside of the permitter of the facility but on the same parcel are undeveloped and contain native vegetation. The proposal is located within the areas that have been cleared, graded, and graveled. The Snake River is located approximately 900 feet to the southeast of the projects site, the site is located outside of any shorelines of the state and this specific proposal is not subject to the City’s Shoreline Management Plan’s requirements for Substantial Development Permits. History The site has historically been used as a petroleum product storage and transmission facility, records and building permits related to the construction and operation are scarce within both City of Pasco and Franklin County’s record systems. Earliest documents indicate operations back to 1985, however, it is believed the site has been operating for decades before. STAFF FINDINGS OF FACT 1) An application for the proposal was submitted on August 22, 2024. The application was deemed complete on August 22, 2024. 2) Notice of the public hearing was sent to property owners within 300 feet of the subject property and published in the Tri-City Herald newspaper on September 25, 2024. 3) The proposal is located on Parcel 112-580-020 Pasco, WA. 4) The site is zoned I-2 Medium Industrial. Page 78 of 187 3 5) The site has historically been used as a petroleum product storage and transmission facility. 6) The surrounding lands are either undeveloped or contain extensions of the existing use. 7) Per PMC 25.120.040 Permitted Conditional Uses: (8) Petroleum or petroleum products refining 8) Conditional Uses require special permit review and approval under PMC 25.200 Special Permits. 9) The applicant proposes to site and operate a butane blending structure to their existing facilities. 10) The proposal includes a 60,000-gallon pressure vessel for butane storage, one struck butane offload station, a single butane pump and consolidated butane injection skid with three injection lines. TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT As per PMC 25.200.080, Upon conclusion of the open record hearing, the Hearing Examiner shall make and enter findings from the record and conclusions thereof as to whether or not: (1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; Per The Comprehensive Plan designates this site as “Industrial.” The Industrial land use designation allows for the I-1, I-2, and I-3 zoning designations. Applicable goals and policies of the Comprehensive Plan include, but are not limited to: • Economic Development Policy ED-2-B: Encourage development of a wide range of commercial and industrial uses strategically located near major transportation corridors or facilities and in close proximity to existing or proposed utility infrastructure while supporting local and regional needs. The proposal is located on Sacajawea Park Road, while classified as a local access road, the subject site is approximately 0.3 miles from US Route 12 East. • Economic Development Policy ED-2-C: Continue to pursue the development of existing industrially zoned properties that may be serviced by existing or planned utilities. The proposal is located entirely on a developed site that already is serviced by some municipal utilities. • Land Use Policy LU-6-E: Support the Growth Management Act’s goal to encourage growth, including industrial growth, in urban areas. The proposal would be an expansion to an existing use within a rapidly growing industrial area. (2) The proposal will adversely affect public infrastructure; The public access road adjacent to the site, Sacajawea Park Road, services many nearby industrial uses, and is connected to S Road 40 East. The proposal anticipates between 0 – 3 truck trips per day and is not anticipated to adversely affect the existing road network. The proposal is also not anticipated to adversely effect existing utilities in the area. (3) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; The properties in the general vicinity are undeveloped. The closest developed properties include 0.4 miles to the east including a residential mobile home park and a large industrial storage facility. Aside from the mobile home park, properties within a mile radius of the proposal are industrial in use and design. (4) The location and height of proposed structures and the site design will discourage the development of permitted uses on property in the general vicinity or impair the value thereof; The tallest structure included in the proposal is the 60,000 gallon butane tank at 25 feet and is located in both industrial zoning and land use. This structure is shorter than existing structures on the site and is not anticipated to impact development within the area. Page 79 of 187 4 (5) The operations in connection with the proposal will be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district; Per PMC 25.120.020 Permitted Uses: “(1) All uses not otherwise prohibited by law, but no residential building shall be permitted; and” Due to the allowances provided within the permitted use and the limited nature of the petroleum related activities involved in the proposal, it is not anticipated that the proposal will be any more objectionable to nearby properties than the uses permitted within the I-2 zoning district. (6) The proposal will endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district. The proposal is required to comply with all federal, state and local building and fire codes as well as adhere to PMC including provisions such as the outdoor lighting and noise ordinances. If there were to be violations to these codes then code cases and remediating steps will be issued and undertaken. Additionally, the use will be subject to periodic reviews for compliance with conditions imposed under the special permit, PMC, and code violation history at which point the special permit for the use may be revoked. APPROVAL CONDITIONS 1) The special permit shall apply to Parcel # 112-580-020, and any subsequent subdivision(s) thereof. 2) The property shall be developed in substantial conformity with the elevations and site plan submitted with the application. RECOMMENDATION Staff recommends approval of a Special Permit for the construction of a new butane blending facility located on Parcel # 112-580-020with conditions as herein proposed. Page 80 of 187 Community & Economic Development Department Fee: $625 PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 Updated April 2019 CITY OF PASCO SPECIAL PERMIT APPLICATION GENERAL PROVISIONS: Unclassified uses enumerated in Section 25.86.020 (listed below), conditional uses listed within each zoning district, and any other uses specifically referred to this chapter shall be subject to the regulations contained in this chapter, in addition to all applicable requirements of this Title. UNCLASSIFIED USES: 1. High schools, colleges, universities, vocational schools, business colleges and other similar academic or skills training facilities or institutions not heretofore permitted within any district; 2. Cemeteries, crematories, mausoleums, and other places of burial or interment of remains; 3. Churches; 4. Community service facilities, as defined in Sections 25.12.155 and 25.12.156; 5. Airports, heliports, or any other landing or maneuvering space for aircraft, together with terminals and other customary facilities accessory to the unclassified use; 6. Golf courses, pitch and putt courses, miniature golf courses, water parks, sports complexes, riding stables, and similar facilities for public, private or membership use; 7. Monasteries, convents or other functionally similar facilities; 8. Landfills, garbage dumps, and resource recovery facilities; 9. Off-site parking lots, except those required for a residential use, provided such parking area is not more than five hundred feet from the building; 10. Electrical substations and load transfer stations, natural gas booster stations, and other similar utility facilities; 11. Park and ride lots, off-street transfer stations or other similar facility involving the storage, start-up, idling and movement of public or private operated carrier, charter or transit buses, vans, and similar vehicles; and 12. Agricultural use (commercial) except in areas 1,000 feet from a residential zoning district, subdivision or dwelling unit. REQUIREMENTS: 1. Fee of $625 ($500 application fee + $75 SEPA fee + $50 radius notification) 2. Completed SEPA form 3. A site map or plan drawn neatly and to scale, showing the following: a. Exterior property lines and any adjacent public street or alley rights-of-way b. Existing and proposed buildings and other structures. c. Existing and proposed points of ingress and egress, drives and driveways and circulation pattern. Page 81 of 187 d. The location of existing and proposed parking areas with each parking space shown. e. Existing and proposed open spaces and landscape areas. 4. The property owner’s notarized signature acknowledging the application PUBLIC HEARING: Upon the filing of a complete application for a special permit, the application shall be scheduled for an open record hearing before the Hearing Examiner. Notice of such open record hearing shall be given as provided for in PMC 25.210.040, except that in the case of commercial agricultural uses, the notification distance shall be increased to 1,000 feet. The open record hearing may be continued as deemed necessary by the Hearing Examiner, provided the applicant consents to any such continuance. In the event the applicant does not consent to a continuance, the Hearing Examiner shall close the public hearing and render a decision in accordance with the provisions of PMC 25.200.080 and 25.200.100. Upon conclusion of the open record hearing, the Hearing Examiner shall make and enter findings from the record and conclusions thereof as to whether or not: 1. The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; 2. The proposal will adversely affect public infrastructure; 3. The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; 4. The location and height of proposed structures and the site design will discourage the development of permitted uses on property in the general vicinity or impair the value thereof; 5. The operations in connection with the proposal will be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district; and 6. The proposal will endanger the public health, or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district. SHOPS / GARAGES: The Hearing Examiner shall consider the following for special permits dealing with increased heights and/or floor area for detached shops and garages: 1. Will the shop/garage match the principle structure in design and exterior treatments such as roofing materials, siding, color, window and door openings, eave overhangs, fenestrations and other architectural features? 2. Will the existing topography and elevation of the site and surrounding property exacerbate or attenuate the height of the proposed shop/garage? 3. Will the proposal include landscaping features or berms to ameliorate the height and/or floor area of the shop/garage? 4. Will the shop/garage be erected on the property utilizing minimum setbacks? 5. Is the site larger than the minimum lot size requirement for the zoning district? REVOCATION OF PERMIT: Any special permit may be revoked by the Hearing Examiner if, after a public hearing, notice of which shall be given in accordance with PMC 25.210.040, it is found that the conditions upon which the special permit was authorized have not been fulfilled or if the use authorized has changed in size, scope, nature or intensity so as to become a detriment to the surrounding area. Page 82 of 187 Community & Economic Development Department Fee: $625 PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 Updated April 2019 CITY OF PASCO SPECIAL PERMIT APPLICATION Master File # ______________ Date Submitted: ______________ Applicant Info Owner Info (if different than applicant) Name: Name: Address: Address: Phone: Phone: Email: Email: Project Address: _____________________________________________________________________ Project Parcel Number: _______________________________________________________________ Current Zoning: _____________________________________________________________________ Source of domestic water: _____________________________________________________________ Method of sewage disposal: ___________________________________________________________ Present use of the land and structure(s) if any: ____________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Page 83 of 187 Please describe any existing violations of the zoning ordinance upon the property: _______________ __________________________________________________________________________________ __________________________________________________________________________________ Give a detailed description of the proposed use that requires a special permit (attach separate sheet if more space is necessary): ___________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the applicant’s property, as shown by a local title company OR payment of $50.00 which shall be utilized by the City to obtain a current list of property owners of all properties within 300 feet of the applicant’s property. Fee for Special Permit - $500.00 Environmental Checklist - $ 75.00 (If Applicable) Radius Notification - $ 50.00 $625.00  SEPA Checklist (If Applicable)  Site map  Fee of $625 Page 84 of 187 Page 85 of 187 REST ROOM DRUM STORAGE 2 DM GLYCOL STOREROOM WORKSHOP INCINERATOR DRIVER BUILDING TICKET PRINTER BLDG JET FILTER PAD TOOL BOX PROPANE TANK EMERGENCY GATE EMERGENCY GATE EMERGENCY GATE EMERGENCY GATE EMERGENCY GATE GAS BOOSTER PUMP EMERGENCY GATE TK-24 TK-23 TK-30 TK-29 TK-31 TK-22 TK-28 EMERGENCY RESPONDER INGRESS/EGRESS TRANSFOMERS (3 TRANSFORMERS, 11 GALLON EACH, O.O.S.) HAZARDOUS MATERIALS STORAGE AREA 2 DRUMS TRANSFOMERS (3 TRANSFORMERS, 11 GALLON EACH) EMERGENCY RESPONDER INGRESS/EGRESS TRANSFORMERS DRY (NO OIL) TK-26 SECONDARY CONTAINMENT 2,751,694 GAL SECONDARY CONTAINMENT 31,237 GAL TRANSFOMERS DRY (NO OIL) MCC JET FUEL BOOSTER PUMP GATE COUNTY ROAD WAITING WELDING SHOP TRUCK & OIL WATER VA L V E A N D P I T ST A T I O N B L O C K GATE PLC MCC TO SPOKANE 8" PRODUCT LINE GATE TANK 20 DOCK S. P. & S . R A I L R O A D STOP LINE 35' SETBACK TRUCK HOUSE GA T E GATE TANK 17 TANK 16 TANK PUL 15 TANK PUL 14 TANK 11 TANK 13 TANK 12 ULSD JET-A 6 TANK ETHANOL TANK 5 19 RUL TANK JET-A 9 TANK 4 TANK TANK 8 3 TANK 2 ULSD TANK TANK TANK 1 ULSD PUMP RUL PUL RUL RUL BIO DFJET-A RUL ULSD T-MIX TANK 4502 RELIEF JP-8 JP-8 JP-8 SEPARATOR MAIN TERMINAL SEPARATOR 7 A TANK PAD DOCK PORT 18 RUL TANK TRUCK ENTRANCE TRUCK EXIT SACAJAWEA PARK RD PAVED ROAD SNAKE R I V E R SNAKE RIVER SACAJAWEA PARK RD TRUCK TURN AROUND TREATED WATER TANK 21 EVAPORATION POND - TREATED WATER ONLY GARAGE BLDG LAB DOLPHIN MVCU DSU SKID OIL SPILL FACILITY BARGE DOCK BOOM HOUSE BOAT HOUSE PROPANE TANKS AND PAD MVCU COMBUSTION SKID SUMP GATE GATE GATE GATE GATE T T T T T T T OFFICE ADDITIVE BASINS TRUCK RACK MA N I F O L D AR E A BARGE DOCK CONTROL BUILDING FE FE FE FEFE FE FEFE FE FE FE FE FE FE FE FE FE FE FEFE FE FE FE FE FE FE AED AED ASPHALT DR I V E W A Y ASPHALT MANIFOLD SURGE TANK FH O.O.S LOW-LOW NITROGEN PANEL PIT-4112 LOW NITROGEN PANELPIT-4102 0 160'80' 1"=80'-0" R PA S C O T E R M I N A L FR A N K L I N C O U N T Y , W A S H I N G T O N EP A - S I T E P L A N D R A W I N G 1"=80'-0" 09-23-20 JJS - - C PSCO-EPA-01 1 03 - 0 8 - 2 3 - 83 7 1 4 DE V E L O P E P A 1 , 2 , & 3 S U I T E J. G R I N E R. K E S T E N B A U M 2 04 - 1 2 - 2 3 - 83 7 1 4 PA S C O S T A T I O N S U M P A N D R E L I E F L I N E T R U E U P J. G R I N E M. B E N S O N 3 03 - 1 3 - 2 4 12 5 6 8 4 17 2 1 8 5 RE L I E F S Y S T E M U P D A T E S J. G R I N E B. B O W M E N TANK DATA TANK ID STORED MATERIAL CAPACITY (BBLS) 1 UNLEADED 22,484 2 UNLEADED 13,204 3 UNLEADED 14,740 4 UNLEADED 53,582 5 ETHANOL 26,635 6 JET-A 33,346 7 DIESEL 19,823 8 DIESEL 23,896 9 JET-A 33,120 11 TRANSMIX 9,530 12 DIESEL 59,553 13 JP-8 30,416 14 UNLEADED 35,204 15 UNLEADED 30,288 16 DIESEL 35,811 17 UNLEADED 44,215 18 UNLEADED 44,223 19 UNLEADED 44,301 20 OUT OF SERVICE N/A 21 TREATED WATER TANK 5,266 22 ADDITIVE 286 23 ADDITIVE 143 24 ADDITIVE 238 26 ADDITIVE 143 28 ADDITIVE 12 29 ADDITIVE 238 30 ADDITIVE 48 31 ADDITIVE 238 4502 RELIEF TANK 565 LEGEND T N LOW NITROGEN PANEL PIT-4102 Pa g e 8 6 o f 1 8 7 SNAKE RIVER SNAKE RIVER 12 12 12 T a n k FarmRd S Road 40 E E B C i r Sacajawea Park Rd Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 610 1,200 1,800 2,400310 Feet Overview Map SITE Item: Marathon Tesoro Butane Blending Facility Applicant(s): Mauricio Palen, obo, Angela Brown File #: SP 2024-015 / SEPA2024-042 ± Pa g e 8 7 o f 1 8 7 SNAKE RIVER SNAKE RIVER 12 Saca j a w e a P a r k R d Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 250 500 750 1,000130 Feet Vicinity Map SITE Item: Marathon Tesoro Butane Blending Facility Applicant(s): Mauricio Palen, obo, Angela Brown File #: SP 2024-015 / SEPA2024-042 ± Pa g e 8 8 o f 1 8 7 I-2, Medium Industrial District I-2, Medium Industrial District I-2, Medium Industrial DistrictI-1, Light Industrial District SNAKE RIVER SNAKE RIVER 12 Saca j a w e a P a r k R d 0 250 500 750 1,000130 Feet Zoning Map SITE Item: Marathon Tesoro Butane Blending Facility Applicant(s): Mauricio Palen, obo, Angela Brown File #: SP 2024-015 / SEPA2024-042 ± Pa g e 8 9 o f 1 8 7 Industrial Industrial Industrial Industrial Industrial Industrial SNAKE RIVER SNAKE RIVER 12 Saca j a w e a P a r k R d 0 250 500 750 1,000130 Feet Comp Plan Map SITE Item: Marathon Tesoro Butane Blending Facility Applicant(s): Mauricio Palen, obo, Angela Brown File #: SP 2024-015 / SEPA2024-042 ± Pa g e 9 0 o f 1 8 7 The picture can't be displayed. Looking North Pa g e 9 1 o f 1 8 7 The picture can't be displayed. Looking Northeast Pa g e 9 2 o f 1 8 7 The picture can't be displayed. Looking East Pa g e 9 3 o f 1 8 7 The picture can't be displayed. Looking Southeast Pa g e 9 4 o f 1 8 7 The picture can't be displayed. Looking South Pa g e 9 5 o f 1 8 7 The picture can't be displayed. Looking Southwest Pa g e 9 6 o f 1 8 7 The picture can't be displayed. Looking West Pa g e 9 7 o f 1 8 7 The picture can't be displayed. Looking Northwest Pa g e 9 8 o f 1 8 7 Page 99 of 187 Page 100 of 187 Affidavit of Mailing In regards to MF# SP2024-015 I, Carmen Patrick, hereby confirm that notification was sent by mail September 23, 2024 to the owners of the parcels within 300 feet of the proposed site . The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was sent and to whom received the notification . Given under my hand and official signature this 23rd day, September of 2024 . \Jl.~uJfu ,~ Representative 's Signature Page 101 of 187 Community Development Department PO Box 293,525 N 3·0 Ave, Pasco , WA 99301 P: 509 .545.3441 / F: 509.545.3499 PUBLIC NOTICE Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor llame al Departamento de Desarrollo Comunitario y Econ6m ico de la Ciudad de Pasco a 509-545-3441. A Public Hearing with the Hearing Examiner will be held on September 25, 2024, at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco Washington. Proposal: Mauricio Palen, on behalf of Angela Brown , has submitted a Special Permit Application (SP 2024-015) to construct and operate a Butane Blending Facility at an existing petroleum product storage and transmission facility. The proposal is located on Parcel # 112 -580-020 in Pasco, WA 99301. The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on September 25, 2024, to be included in the written record. If you have questions on the proposal, contact the Planning Division at (509) 905-2604 or via e-mail to : ha t toria@pasco -wa .gov . If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www .pasco -wa .gov/pub liccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the Preliminary Plat within ten (10) business days of the public hearing . Prepared 23 September 2024 by: Andrew Hattori, Associate Planner, PO Box 293 Pasco, WA 99301 (509) 545-3441 The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings . If you wish to use auxiliary aids or require assistance to comment at this public meeting , please contact the Community De ve lopment Department at (509) 545-3441 or TDD (509) 585-4425 at least ten da ys prior to the date of the meeting to make arrangements for specia l needs . Page 102 of 187 • 4 .,. / , / / ,. , / , ~~} f 1-. :: .• Page 103 of 187 \ME :SORO LOGISTICS OPERATIONS LL :SORO LOGISTICS NORTHWEST PIP TY OF PACO - A . HATTORI ADDRESS 19100 RIDGEWOOD PKWY 19100 RIDGEWOOD PKWY PO BOX 293 CITY SAN ANTONIO SAN ANTONIO PASCO STATE ZIP TX 78259 TX 78259 WA 99301 Pa g e 1 0 4 o f 1 8 7 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 14026 595594 Print Legal Ad-IPL01957460 - IPL0195746 SP 2024-015 Marathon Te $195.78 1 65 L Debra BarhamAttention: CITY OF PASCO/LEGALS PO BOX 293 PASCO, WA 99301 accountspayable@pasco-wa.gov COUNTY OF BENTON) SS STATE OF WASHINGTON) Mary Castro, being duly sworn, deposes and says, I am the Legals Clerk of The Tri-City Herald, a daily newspaper. That said newspaper is a local newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publications hereinafter referred to, published continually as a daily newspaper in Benton County, Washington. That the attached is a true copy as it was printed in the regular and entire issue of the Tri- City Herald and not in a supplement thereof, ran 1 time (s) commencing on 09/25/2024, and ending on 09/25/2024 and that said newspaper was regularly distributed to its subscribers during all of this period. 1 insertion(s) published on: 09/25/24 (Signature of Legals Clerk) Sworn to and subscribed before me this 25th day of September in the year of 2024 Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy!Page 105 of 187 REPORT TO HEARING EXAMINER PUBLIC HEARING City Hall – 525 North Third Avenue WEDNESDAY, 9 October 2024 6:00 PM 1 TER FILE #: Z 2023-008 APPLICANT: Dennis Gisi 5109 N Road 68 Suite E Pasco, WA 99301 REQUEST: REZONE: Parcel 116-140-050 Rezone from C-1 (Retail Business District) to R-4 (High-Density Residential) Timeline: 13 September 2023 Application Submitted 27 September 2023 Application Deemed Complete 25 September 2024 Application Noticed for Public Hearing 2 October 2024 Public Hearing Staff Report Published BACKGROUND 1. PROPERTY DESCRIPTION: Legal: BINDING SITE PLAN 2019-03 LOT 3; (Parcel 116-140-050). General Location: Said property is located along the East side of Road 76 between Sandifur Parkway and Wrigley Drive in Pasco WA. Property Size: Approximately 2.52 acres (approximately 109,800 square feet) 2. ACCESS: The parcel has access from Road 76. 3. UTILITIES: Municipal water and sewer are available in Road 76. 4. LAND USE AND ZONING: The site is zoned C-1 (Retail Business District) and is vacant. Surrounding properties are zoned and developed as follows: North: C-1 Retail Business/City of Pasco Water Towers East: C-1 Retail Business/Commercial Uses South: C-1 Retail Business/Mid Columbia Library West: R-1 Low Density Residential/Single Family Dwellings 5. Comprehensive Plan: The City of Pasco Comprehensive Plan designates this site as “Mixed Residential & Commercial.” The Mixed Residential & Commercial designation accommodates a diverse range of housing, nonresidential 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 Page 106 of 187 2 may be assigned R-1, R-2, R-3, 4-4, C-1 and O zoning. Per PMC 25.215.015 maximum gross density of any proposed development within any zoning district, detailed as dwelling units per acre, shall be no less than the corresponding minimum density shown 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. 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, a threshold determination resulting in a Mitigated Determination of Non-Significance (MDNS) for this project was issued on September 16, 2024, under WAC 197-11-355. 7. Exhibits: 1) Rezone Application – Applicant Submittal 2) Site Plans – Applicant Submittal 3) Overview Map – City of Pasco 4) Vicinity Map – City of Pasco 5) Zoning Map – City of Pasco 6) Comprehensive Plan Map – City of Pasco 7) Site Photos – City of Pasco 8) SEPA Determination – City of Pasco 9) Affidavit of Mailing – City of Pasco 10) Affidavit of Posting – City of Pasco Request Applicant Dennis Gisi wishes to rezone Lot 3 of Binding Site Plan 2019-03, located at Parcel 116140050 in Pasco, WA 99301 from C-1 (Retail Business) to R-4 (High-Density Residential). The site comprises approximately 2.52 acres (approximately 109,800 square feet). The underlying Land Use Code has recently been amended to “Mixed Residential & Commercial,” which specifies 5 to 29 dwelling units (DU) per acre. History The site was platted in 2019, as part of Binding Site Plan 2019-03. The site was assigned RT zoning in 1981 via Ordinance 2388 and subsequently rezoned from RT (Residential Transition) to C-1 in 2003 via Ordinance 3615. The site has never been developed and is currently vacant. 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: 1. The date the existing zone became effective: The site was assigned RT zoning in 1981 via Ordinance 2388 and subsequently rezoned to C-1 in 2003 via Ordinance 3615. 2. The changed conditions, which are alleged to warrant other or additional zoning: Per the applicant, due to economic conditions, the best use of the property is residential, not commercial. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: Page 107 of 187 3 The Mixed Residential & Commercial designation allows for R-1, R-2, R-3, R-4; C-1 and O zoning; development with High-Density Residential will add and increase density which will help reduce urban sprawl and increase home ownership. 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. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: A change in zoning would be consistent with the comprehensive plan Land Use Map Mixed Residential & Commercial designation for the site. The site has been subject to at least two Code Enforcement cases related to maintenance, development of the site would improve the value and character of the adjacent properties. 5. The effect on the property owner or owners if the request is not granted: Per Applicant, If the property remains with the current C-1 zoning designation the property would be sold as the applicant does not construct or operate commercial properties. 6. The Comprehensive Plan land use designation for the property: The City of Pasco Comprehensive Plan designates this site as “Mixed Residential & Commercial.” The Mixed Residential and Commercial designation accommodates a diverse range of housing, nonresidential 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 zoning. 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. 7. Such other information as the Hearing Examiner requires: The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Public notice of this hearing was sent to property owners within 300 feet of the property, posted in the Tri-City Herald, and posted on-site on September 25, 2024. 2. Applicant wishes to rezone Parcel 116-140-050 from C-1 (Retail Business) to R-4 (High-Density Residential). 3. The site comprises approximately 2.52 acres (approximately 109,800 square feet). 4. The underlying Land Use code specifies 5 to 29 dwelling units (DU) per acre. 5. The site was platted most recently in 2019, as part of Binding Site Plan 2019-03. 6. The site was assigned C-1 zoning in 2003 via Ordinances 3615. 7. The City’s 2018-2038 Comprehensive Plan Land Use Map designates the site as “Mixed Residential & Commercial”. Page 108 of 187 4 8. The “Mixed Residential and Commercial” designation may be developed with a combination of single-family dwellings, patio homes, townhouses, and condominiums. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The Land Use Element of the Comprehensive Plan designates the lot “Mixed Residential and Commercial.” 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: • 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. • 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 approximately 0.1 miles from Sandifur Parkway to the north and 0.1 miles from Road 68 to the east. Significant portions of land to the south, north and east are zoned and designated for strictly commercial uses, the proposal could allow for higher density development adjacent to these uses. • 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 in close proximity to both Sandifur Parkway and Road 68 which are classified as arterial roads. 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. 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. 3. There is merit and value in the proposal for the community as a whole. 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 & Commercial Land Use Map Designation. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 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 Page 109 of 187 5 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. No Concomitant Agreement is considered necessary for this application. RECOMMENDATION Staff recommends based on the Findings of Fact and Conclusions herein, that Lot 2 of Binding Site Plan 2019-03; (Parcel 116-140-050), in Pasco WA., be rezoned from C-1 (Retail Business District) to R-4 (High- Density Residential). Page 110 of 187 Master File # SP 2023-008 Applicant Info Name: Dennis Gisi Address: 5109 N. Rd 68 Ste E Pasco, WA 99301 Phone: 509-520-0505 Email: dgisi@johnlscott.com Community & Economic Development Department PO Box 293, 525 N 3 rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO PETITION FOR ZONE CHANGE Fee:$825 Date Submitted: 13 Sep 2023 Owner Info (if different than applicant) Name: Terry Gilmore Address: 2101 N. Columbia River Rd. Pasco, WA 99301 Phone: 509-430-0013 Email: tjgilmore13@gmail.com Project Address: Rd 76 and Wrigley Dr. Pasco, WA Project Parcel Number: _1_16_1_4_0_0_5_0 ______________________ _ Current Zoning: _C_-_1 ____________________________ _ Requested Zoning:_R_-4 ____________________________ _ Describe the nature and effect of the proposed change: _______________ _ To facilitate a higher density residential project. Current zoning is very restrictive. Estimated time frame of development: _F_a_ll _2_0_23_-_F_a_ll_2_0_25 ______________ _ Updated July 2019 Page 111 of 187 What conditions warrant the proposed rezone? The exi sting zoning requires commercial on the groun, ground floor and this not feasible. Also current zoning is very restrictive for higher density housing How will the proposed rezone advance the health, safety, and general welfare of the community? The proposed project will provide for a larger co mmunity to serve the existing re t ail, commercial, restaurant and medical establishment s as well as monitoring the neighborhood for crime and safety. What effect will the proposed change have on the value and character of adjacent property? The proposed project will enhance the adjacent properties and establishment by increasing the uses and bring more activit y and economic vitality. How does the proposed rezone relate to the City's Comprehensive Plan? _________ _ The City of Pasco has an increasing de mand for housing and this project will serve to help with that demand. It is in line with Pasco's goals and future development. What effect will be realized by the owner(s) if the proposed rezone is not granted? ______ _ The current zoning is restrictive to the point that without the rezone, any effort to develop the property in a healthy supportive wa y would not be feasible or economically viable. NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall be utilized by the City to obtain a current list of property owners of all properties within 300 feet of the applicant's property. Page 112 of 187 t t c· ifiii iii � Jty ° Community & Economic Development Department •1 • ._....,asco PO Box 293, 525 N 3 rd Ave, Pasco, WA 99301 � ' P: 509.545.3441 / F: 509.545.3499 Fee for Rezone Environmental Checklist Radius Notification C SEPA Checklist □Site map State of Washington County of Franklin ss. .. MARISSA GUTIERREZ NOTARY PUBLIC #5287 STATE OF WASHINGTON COMMISSION EXPIRES MARCH 29. 2027 $700.00 $ 75.00 $ 50.00 $825.00 □Fee of $825 Fee:$825 On this /l1_.day o� for the State o Washington, � a I before me the undersigned, a Notary Public in andduly commissioned an sworn, personally appeared +--"�=A..'----1-;...7,!--L-.a:;J.��-----being duly sworn on his/her oath that he/she has prepared r ad the foregoing statements and has acknowledged to me that the recitations contained therein are true, and has signed this instrument as his/her free and voluntary act and deed for the purposes therein mentioned. SUBSCRIBED AND SWORN to before me this /J�ay of �, ;!J:gg. Updated July 2019 Page 113 of 187 TOTAL GROSS SF PER FLOOR: 27,800 SF+/. (NOT INCL. BALCONIES) 30 UNITS/FLOOR 34 CARS REQ/FLOOR 4 • 2 BEDROOMS @ 1,200 SF/UNIT+/· 18 • 1 BEDROOMS @ 780 SF/UNIT+/. 8 ·STUDIOS@ 525 SF/UNIT+/• 8CARSREQ. 18CARSREQ. 8CARSREQ. FLOOR 4: 30 UNITS FLOOR 3: 30 UNITS FLOOR 2: 30 UNITS FLOOR 1: 18 UNITS TOTAL UNITS: 106 UNIT S 34CARSREQ. 34CARSREQ. 34CARSREQ. 20CAR SREQ. OPTIONAL RETAIL COMMERCIAL AT GROUND FLOOR 122 CARS REQ. 135 SPACES PROVIDED WP . APARTMENTS PASCO WASHINGTON FEBRUARY 2023 PROPOSED CONCEPTUAL DESIGN Pa g e 1 1 4 o f 1 8 7 I I I I I I I I I I J2 1 s 1 s 1 1 s 1 s STAIR I -1 ELEV s 1 s s 1 s 1 1 -L I I I I I I 1,__ 1 -,.... H-: I I I I I I I L ,....>----�I I= :-. ----,-. I -------2 1 r-------H-: I I I I I I I t r - I I I I I I I I TOTAL GROSS SF PER FLOOR: 27,800 SF+/-(NOT INCL. BALCONIES) 30 UNITS/FLOOR 34 CARS REQ/FLOOR 4 - 2 BEDROOMS @ 1,200 SF/UNIT+/- 18 - 1 BEDROOMS @ 780 SF/UNIT+/- 8 -STUDIOS@ 525 SF/UNIT+/- FLOOR 4: 30 UNITS FLOOR 3: 30 UNITS FLOOR 2: 30 UNITS FLOOR 1: 16 UNITS 34 CARS REQ. 34 CARS REQ. 34 CARS REQ. 20 CARS REQ. 8 CARS REQ. 18 CARS REQ. 8 CARS REQ. TOTAL UNITS: 106 UNITS 122 CARS REQ. 135 SPACES PROVIDED WP.APARTMENTS I 1 2 L STAIR 1ELEV - L >- 1 >-1 -1 >-2 - I I I I I I I I CONCEPTUAL PROJECT UNIT MIX AND SQUARE FOOTAGES PARKING REQUIREMENTS 12.7.2022 Pa g e 1 1 5 o f 1 8 7 Pa g e 1 1 6 o f 1 8 7 Pa g e 1 1 7 o f 1 8 7 Pa g e 1 1 8 o f 1 8 7 Pa g e 1 1 9 o f 1 8 7 Pa g e 1 2 0 o f 1 8 7 The picture can't be displayed. Looking North Pa g e 1 2 1 o f 1 8 7 The picture can't be displayed. Looking Northeast Pa g e 1 2 2 o f 1 8 7 The picture can't be displayed. Looking East Pa g e 1 2 3 o f 1 8 7 The picture can't be displayed. Looking Southeast Pa g e 1 2 4 o f 1 8 7 The picture can't be displayed. Looking South Pa g e 1 2 5 o f 1 8 7 The picture can't be displayed. Looking Southwest Pa g e 1 2 6 o f 1 8 7 The picture can't be displayed. Looking West Pa g e 1 2 7 o f 1 8 7 The picture can't be displayed. Looking Northwest Pa g e 1 2 8 o f 1 8 7 Page 129 of 187 Page 130 of 187 Page 131 of 187 Page 132 of 187 Page 133 of 187 Page 134 of 187 Page 135 of 187 Page 136 of 187 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 14026 595595 Print Legal Ad-IPL01957570 - IPL0195757 Z-2023-008 Gisi Water To $203.60 1 68 L Debra BarhamAttention: CITY OF PASCO/LEGALS PO BOX 293 PASCO, WA 99301 accountspayable@pasco-wa.gov COUNTY OF BENTON) SS STATE OF WASHINGTON) Mary Castro, being duly sworn, deposes and says, I am the Legals Clerk of The Tri-City Herald, a daily newspaper. That said newspaper is a local newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publications hereinafter referred to, published continually as a daily newspaper in Benton County, Washington. That the attached is a true copy as it was printed in the regular and entire issue of the Tri- City Herald and not in a supplement thereof, ran 1 time (s) commencing on 09/25/2024, and ending on 09/25/2024 and that said newspaper was regularly distributed to its subscribers during all of this period. 1 insertion(s) published on: 09/25/24 (Signature of Legals Clerk) Sworn to and subscribed before me this 25th day of September in the year of 2024 Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy!Page 137 of 187 REPORT TO HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY October 9, 2024 6:00 PM 1 MASTER FILE #: ZD 2024-001 APPLICANTS: Macario & Emelda Valdivia 4210 Orville Loop Pasco WA 99301 REQUEST: Zoning Determination: Development of a zoning recommendation for the Valdivia Annexation of approximately .16 acres of land located at the northwest corner of Road 44 and West Argent Road in Pasco WA. BACKGROUND 1. PROPERTY DESCRIPTION: Parcel 2 according to the Survey recorded under Auditor's file Number 1840267, records of Franklin County Washington, comprising approximately .16 acres (Parcel 119051197) in Pasco, WA 99301. Comprising approximately .16 acres, more or less. General Location: Located at the northwest corner of Road 44 and West Argent Road in Pasco WA. Property Size: Parcel Taxpayer Name Square Feet Acres 119051197 Macario & Emelda VALDIVIA 6,970.00 0.16 Total 6,970.00 0.16 2. ACCESS: The site is accessed from Road 44 and West Argent Road. 3. UTILITIES: A 20” ductile iron water main runs along West Argent Road and continues just north of the property through West Argent Place and also north along Road 44; an 18” sewer service line is available in West Argent Road. 4. LAND USE AND ZONING: Surrounding properties are zoned and developed as follows: NORTH: C-1 (Retail Business) Mini-mart EAST: RT; RS-20(County) Cross-country Park; SFDUs SOUTH: RS-20 (County) Interstate I-182 WEST: RS-20 (County); C-1 Interstate I-182; Vacant Page 138 of 187 2 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial uses. Per Pasco Municipal Code (PMC) 25.215.015 Comprehensive Plan land use density table, the Commercial designation may accommodate neighborhood, community and regional shopping and specialty centers, business parks, service and office uses, and may be zoned O (Office), BP (Business Park), C-1 (Retail Business), C- 2 (Central Business), C-3 (General Commercial), or CR (Regional Commercial). 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project prior to platting and development. A Determination of Non-Significance or a Mitigated Determination of Non-Significance is likely (WAC 197-11-355). ANALYSIS The City Council is scheduled to consider an ordinance to annex approximately .16 acres of land generally located northwest of the Road 44/Argent Road intersection on November 16, 2024. The Hearing Examiner is to hold a zoning determination hearing to recommend an appropriate zoning district for the annexation area. In determining the most appropriate zoning for the annexation area, the Hearing Examiner needs to consider the existing land uses, nearby development, zoning, policies of the Comprehensive Plan and the Land Use Designations of the Land Use Map. The Hearing Examiner also needs to be guided by the criteria in PMC 25.210.060 (as discussed below) in developing a zoning recommendation. The purpose of the annexation is to expand commercial opportunities within the City of Pasco’s Urban Growth Area (UGA). To maintain consistency with current zoning, land uses, utility planning and the Comprehensive Plan, appropriate zoning should be applied to the proposed annexation area. The initial review criteria for considering a rezone application are explained in PMC 25.210.030. The criteria are listed below as follows: (1) The date the existing zone became effective; The site is currently zoned RS-20 (County); it is unknown when this zoning designation became effective. (2) The changed conditions which are alleged to warrant other or additional zoning; • A petition to be annexed was considered by the City of Pasco on August 5, 2024 (Resolution 4476). • Properties to the north have been developed with mini-storage units and a mini-mart. (3) Facts to justify the change on the basis of advancing the public health, safety and general welfare; Page 139 of 187 3 The Pasco City Council will consider an Ordinance to annex the property on November 16, 2024; while annexation will avail the property of increased per-capita police and fire services, which will promote public safety to the site, the property needs to be zoned for the advancement of the general welfare of the community so that development may occur. Zoning the property will eventually lead to development, which in turn will require water hookups for the provision of clean potable water to the site and sewer hookups for the provision of sanitary waste disposal; as well, new development may require the installation of one or more fire hydrants, promoting increased fire safety in the area. All of these improvements will advance the general welfare of the community. (4) The effect it will have on the value and character of the adjacent property and the Comprehensive Plan; Staff is recommending C-1 (Retail Business) zoning for the area; rezoning the property to C-1 would align with the Comprehensive Plan Land Use designation for the area and would match the zoning for the commercially developed properties to the north. (5) The effect on the property owner or owners if the request is not granted; Without the annexation area being assigned a specific zoning district, the area will be un-zoned. The area needs to be zoned to provide certainty and benefit to the property owners, developers, and adjoining property owners. (6) The Comprehensive Plan land use designation for the property; The Comprehensive Plan Land Use Designation for the property is Commercial. (7) Such other information as the Hearing Examiner requires. The site is within the City's Urban Growth Boundary. Contiguous properties to the north were annexed in 1977 and assigned R-1 and RT zoning (Ordinance 1898). Properties directly to the north were rezoned to C-1 in 1981 (Ordinance 2259) and have recently been developed with commercial uses. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Public notice of this hearing was posted in the Tri-City Herald on Wednesday September 18, 2024, posted on-site, and sent to property owners within 300 feet of the property on September 16, 2024. Classification Purpose and Description Zoning * Commercial Neighborhood, community and regional shopping and specialty centers, business parks, service and office uses O; BP; C-1; C-2; C-3; CR Page 140 of 187 4 2. The City Council is scheduled to consider an annexation ordinance for approximately .16 acres of land generally located northwest of the Road 44/Argent Road intersection November 16, 2024. 3. The site is currently zoned RS-20 (County); it is unknown when this zoning designation became effective. 4. A petition to be annexed was considered by the City of Pasco on August 5, 2024 (Resolution 4476). 5. Properties to the north have been developed with mini-storage units and a mini-mart. 6. The Pasco City Council will consider an Ordinance to annex the property on November 16, 2024. 7. The property needs to be zoned for the advancement of the general welfare of the community so that development may occur. 8. The Comprehensive Plan Land Use Designation for the property is Commercial. 9. Staff is recommending C-1 (Retail Business) zoning for the area. 10. Rezoning the property to C-1 will align with the Comprehensive Plan Land Use designation for the area. 11. Without the annexation area being assigned a specific zoning district, the area will be un-zoned. 12. The area needs to be zoned to provide certainty and benefit to the property owners, developers, and adjoining property owners. 13. The site is within the City's Urban Growth Boundary. 14. Contiguous properties to the north were annexed in 1977 and assigned R-1 and RT zoning (Ordinance 1898). 15. Properties directly to the north were rezoned to C-1 in 1981 (Ordinance 2259) 16. 15. Properties directly to the north have recently been developed with commercial uses. Page 141 of 187 5 TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Hearing Examiner must develop its conclusions from the findings of fact based upon the criteria listed in PMC 25.210.060 and determine whether or not: 1. The proposal is in accord with the goals and policies of the Comprehensive Plan. Staff has recommended C-1 (Retail Business) zoning for the area; rezoning the property to C-1 will align with the Commercial Comprehensive Plan Land Use designation for the area. The proposal will support the following Comprehensive Plan Goals and Policies: LU-1-C Policy: Encourage conservation design with cluster commercial development and discourage strip commercial development. By applying C-1 zoning to the site there will be a “cluster of commercial development at the Road 44 and West Argent Street intersection. LU-2-A Policy: Maintain sufficient land designated to accommodate residential, commercial, industrial, educational, public facility, and open-space uses proximate to appropriate transportation and utility infrastructure. Commercial uses should be located on or near arterial streets; West Argent Road is a minor arterial street. LU-6-A Policy: Encourage commercial and higher-density residential uses along major corridors and leverage infrastructure availability. West Argent Road is a minor arterial street. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. Zoning the proposed annexation area C-1 (Retail Business) zoning will cause the site to be consistent with the Comprehensive Plan and compatible with development taking place to the north. 3. There is merit and value in the proposal for the community as a whole. There is merit and value in following the guidance of the Comprehensive Plan when assigning zoning to properties within the community. The Plan has indicated this property should be zoned Commercial (See Comprehensive Plan Map). Assigning C-1 zoning may lead to additional shopping and employment opportunities for Pasco residents. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The proposal is consistent with the Comprehensive Plan and no mitigation measures are proposed at this time. When specific development is proposed, applicants will be required to perform mitigation measures commensurate with specific impacts. Applicant shall be required to install improvements and infrastructure per City of Pasco requirements. Page 142 of 187 6 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. A concomitant agreement is not needed. RECOMMENDATION Staff recommends the City Council assign C-1 (Retail Business) zoning to the Valdivia Annexation Area, comprising approximately .16 acres located on Parcel 2 according to the Survey recorded under Auditor's file Number 1840267, records of Franklin County Washington (Parcel 119051197). Page 143 of 187 Pa g e 1 4 4 o f 1 8 7 Pa g e 1 4 5 o f 1 8 7 Pa g e 1 4 6 o f 1 8 7 Pa g e 1 4 7 o f 1 8 7 Pa g e 1 4 8 o f 1 8 7 Pa g e 1 4 9 o f 1 8 7 The picture can't be displayed. Looking North Pa g e 1 5 0 o f 1 8 7 The picture can't be displayed. Looking Northeast Pa g e 1 5 1 o f 1 8 7 The picture can't be displayed. Looking East Pa g e 1 5 2 o f 1 8 7 The picture can't be displayed. Looking Southeast Pa g e 1 5 3 o f 1 8 7 The picture can't be displayed. Looking South Pa g e 1 5 4 o f 1 8 7 The picture can't be displayed. Looking Southwest Pa g e 1 5 5 o f 1 8 7 The picture can't be displayed. Looking West Pa g e 1 5 6 o f 1 8 7 The picture can't be displayed. Looking Northwest Pa g e 1 5 7 o f 1 8 7 The picture can't be displayed. Site Pa g e 1 5 8 o f 1 8 7 Affidavit of Mailing In regards to MF# 2D2024-001 I, Carmen Patrick, hereby confirm that notification was sent by mail September 162, 2024 to the owners of the parcels within 300 feet of the proposed site. The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was sent and to whom received the notification. Given under my hand and official signature this 16th day, September of 2024 . •', \};lhl\ls�k Q �l� Representative's Signature Page 159 of 187 ', Pil�co lomn111n11v De\elormE ,it DE 'p?rt,nert PO Box 293 52S N 3 Av0, Pascu WA '39301 P.50':i '.:,45 3441 / F. 50° 545 349° NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor llame al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441. PLEASE TAKE NOTICE that the Pasco Hearing Examiner will hold a public hearing at 6:00 p.m., Wednesday, October 9, 2024 to consider the establishment of zoning (ZD 2024-001) for the unincorporated property identified below; in the event such property is annexed to the City of Pasco; C-1 (Retail Business District) zoning is being considered. General Location: The site is generally located on the northwest corner of West Argent Road and Road 44, Franklin County, WA. Legal Description: That portion of the North half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 23, Township 9 North, Range 29 East, W.M., Franklin County, Washington lying northerly of Interstate Highway 182, more precisely defined as lying northerly of a line described as: Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) CB 24+00 on the CB Line Survey of SR 82, Road 68 Interchange Vicinity to SR 395 Interchange Vicinity, and 45 feet Northeasterly therefrom; Thence Southeasterly parallel with said line survey to a point opposite HES CB 28+13.03 thereon; Thence Northeasterly to a point opposite HES CB 28+40.68 on said CB Line Survey and 110.92 feet Northeasterly therefrom; Thence Easterly to a point opposite HES CB 28+96.15 on said CB Line Survey and 133.82 feet Northeasterly therefrom and the end of this line description; EXCEPT the East 30 feet thereof; AND EXCEPT the North 30 feet thereof; AND EXCEPT any portions lying within W. Argent Road right-of-way and lying within Road 44 (PARCEL 119051197). Situated in Franklin County, State of Washington; comprising approximately .16 Acres THEREFORE, LET ALL CONCERNED TAKE NOTICE that a Public Hearing will be held by the Hearing Examiner of the City of Pasco, Washington, in the City Council Chambers, Pasco City Hall, 525 N 3rd Ave at the hour of 6:00 p.m., Wednesday, October 9, 2024, so that all concerned may appear and present any objections or support for the establishment of zoning classifications for the proposed annexation area. If you have questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail to: adamsj@pasco-wa.gov . If you wish to participate virtually in the hearing, please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.gov/publiccom ment After registering, you will receive a confirmation email containing information about joining the webinar. Public comment Period: Written comments submitted to the Community Development Department by 5:00 p.m. on Wednesday, October 2, 2024 will be included in the Hearing Examiner's meeting packet. You may also submit comments at the Hearing Examiner meeting advertised above. Prepared September 16. 2024. by: Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco, WA 99301 (509) 545-3441. . f p elcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be��O �W . . .. , • t excluded or denied the benefit of participating in such meetings. If you wrsh to use aux1lIary aids or require assistance to commen . 1-leas� ,cntact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least at this p�::•"C "1ee Ing, P " - ten da, 5 :- : • r o the date of :�e 'T\eeting to make arrangements for special needs. Page 160 of 187 Vicinity Map 25 50 -100 Feet Item: Annexation - North Corner ofW Argent and Road 44 Applicant(s): Macario A. Valdivia File #: ANX 2024-001 ; �. .,, f �� /' ... _�·· •• -... , •• ''I'/,�, },. �I,,;, r ,, ';. ;_r.:�·,, -a ,;;:; �·t14 � • · • • -. . -...;;,: ;,.; .· .'\ ii tl -�-- L t' I • ' -1-,, W Argent Pl ' '. ..... -·--;--t,� --· . \ , I,. , _,.__ ,. ' ••• .f \ ,·. ! � �� . \ " •• -> ,� \\\ ,-.{ . �) . -��•• •�• I Ir "r N A Pa g e 1 6 1 o f 1 8 7 f"\UUl"U::0~ CITY STATE ZIP IIALD L & CHARESA L BARBER (E 250 DITTMER RD FAIRFIELD CA 94534 /\SJ2 LLC 1919 S DAWES ST KENNEWICK WA 99338-2024 )SKREY PROPERTIES LLC 1915 SHERIDAN PL RICHLAND WA 99352 ::>SKR EY DEVELOPMENT LLC 1128 TOMICH AVE RICHLAND WA 99352 n O F PASCO PO BOX 769 PASCO WA 99301 n J & JANICE DANIELS 4204 W ARGENT PL PASCO WA 99301 ~T & JANICE DANIELS 4205 W ARGENT RD PASCO WA 99301 CARIO & EMELDA VALDIVIA 4804 BIGHORN DR PASCO WA 99301 :F ADAMS 620 BIRCH AVE RICHLAND WA 99352 Pa g e 1 6 2 o f 1 8 7 REPORT TO HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY October 9, 2024 6:00 PM 1 MASTER FILE #: ZD 2024-002 APPLICANTS: Shumway Family Properties LLC c/o Carolyn Ann Shumway 401 Shumway Road Pasco WA 99301 REQUEST: Zoning Determination: Development of a zoning recommendation for the Shumway Annexation of approximately 14.94 acres of land located at the northwest corner of Road 44 and West Argent Road in Pasco WA. BACKGROUND 1. PROPERTY DESCRIPTION: A portion of Franklin County Assessor’s Tax Parcel 124320057, as described below: That portion of the Southwest ¼ of Section 33, Township 10 North, Range 29 East, Willamette Meridian, lying easterly of Road 68 and westerly of Taylor Flats Rd, and lying southerly of the following described line: Commencing at the southwest corner of said Section 33; thence North 0°13’43” West 1119.25 feet along the west section line of said section; thence leaving said section line North 89°46’17” East 495.16 feet to the east right of way of Columbia River Road and the point of beginning; thence leaving said right of way South 81°33’59” East 214.20 feet; thence South 80°36’20” East 117.46 feet; thence South 84°43’49” East 278.48 feet; thence North 89°48’40” East 87.18 feet; thence North 81°19’37” East 130.42 feet; thence North 74°06’32” East 346.72 feet; thence North 56°25’39” East 83.56 feet; thence North 46°06’51” East 326.00 feet to the westerly right of way margin of Taylor Flats Road and the terminus of said described line. Subject to public road right of way dedicated under Auditor’s File Number 554813, Records of Franklin County, Washington. General Location: Located north of Dent/Clark Roads between Columbia River Road, and Taylor Flats Road, in Pasco, Franklin County WA. Property Size: Parcel Taxpayer Name Square Feet Acres 124320057 Shumway Family Properties LLC 650,786.4 14.94 Total 650,786.4 14.94 Page 163 of 187 2 2. ACCESS: The site is accessed from Columbia River Road and Taylor Flats Road. 3. UTILITIES: No City of Pasco utilities are available nearby; The closest available City of Pasco water and sewer lines are approximately a mile to the south in Road 68 near Burns Road. 4. LAND USE AND ZONING: Surrounding properties are zoned and developed as follows: NORTH: AP-20 (County) Agriculture EAST: I-2 (County) Agricultural Processing SOUTH: C-3 & RT Agriculture WEST: RT Vacant; Agriculture 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial uses. Per Pasco Municipal Code (PMC) 25.215.015 Comprehensive Plan land use density table, the Commercial designation may accommodate neighborhood, community and regional shopping and specialty centers, business parks, service and office uses, and may be zoned O (Office), BP (Business Park), C-1 (Retail Business), C-2 (Central Business), C-3 (General Commercial), or CR (Regional Commercial). 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project prior to platting and development. A Determination of Non-Significance or a Mitigated Determination of Non-Significance is likely (WAC 197-11-355). ANALYSIS The City Council is scheduled to consider an ordinance to annex approximately 14.94 acres of land generally located north of Dent/Clark Roads between Columbia River Road, and Taylor Flats Road on November 16, 2024. The Hearing Examiner is to hold a zoning determination hearing to recommend an appropriate zoning district for the annexation area. In determining the most appropriate zoning for the annexation area, the Hearing Examiner needs to consider the existing land uses, nearby development, zoning, policies of the Comprehensive Plan and the Land Use Designations of the Land Use Map. The Hearing Examiner also needs to be guided by the criteria in PMC 25.210.060 (as discussed below) in developing a zoning recommendation. The purpose of the annexation is to expand commercial opportunities within the City of Pasco’s Urban Growth Area (UGA). To maintain consistency with current zoning, land uses, utility planning, and the Comprehensive Plan, appropriate zoning should be applied to the proposed annexation area. The initial review criteria for considering a rezone application are explained in PMC 25.210.030. The criteria are listed below as follows: (1) The date the existing zone became effective; Page 164 of 187 3 The site is currently zoned AP-20 (County); it is unknown when this zoning designation became effective. (2) The changed conditions which are alleged to warrant other or additional zoning; • A petition to be annexed was considered by the City of Pasco on August 5, 2024 (Resolution 4477). • Surrounding properties to the south and west were annexed (ANX 2022-002) into the City of Pasco on May 23, 2022 (Ordinance 4591) • Surrounding properties to the east and southeast are zoned I-2 (County Medium Industrial) and C-3 (General Commercial), respectively. • The recently updated and approved Comprehensive Plan Land Use Map designates the site for Commercial development. (3) Facts to justify the change on the basis of advancing the public health, safety and general welfare; The Pasco City Council will consider an Ordinance to annex the property on November 16, 2024; while annexation will avail the property of increased per-capita police and fire services, which will promote public safety to the site, the property needs to be zoned for the advancement of the general welfare of the community so that development may occur. Zoning the property will eventually lead to development, which in turn will require full frontage improvements, including curb, gutter, sidewalk, which will improve pedestrian safety; as well, water hookups will provide clean potable water to the site; sewer hookups will provide sanitary waste disposal; as well, new development may require the installation of one or more fire hydrants, promoting increased fire safety in the area. All of these improvements will advance the general welfare of the community. occur. (4) The effect it will have on the value and character of the adjacent property and the Comprehensive Plan; Staff is recommending C-3 (General Commercial) zoning for the area; assigning C-3 zoning to the property would align with the Comprehensive Plan Land Use designation for the area. The proposal will support the following Comprehensive Plan Goals and Policies: LU-1-C Policy: Encourage conservation design with cluster commercial development and discourage strip commercial development. By applying C-1 zoning to the site there will be the opportunity for a “cluster” of commercial development surrounding the Dent, Clark, Columbia River, and Taylor Flats Roads intersection. LU-2-A Policy: Maintain sufficient land designated to accommodate residential, commercial, industrial, educational, public facility, and open-space uses proximate to appropriate transportation and utility infrastructure. Commercial uses should be located on or near arterial streets; Road 68 approaching the intersection of Dent, Clark, Columbia River, and Taylor Flats Roads is a principal arterial street. LU-6-A Policy: Encourage commercial and higher-density residential uses along major corridors and leverage infrastructure availability. Page 165 of 187 4 Road 68 approaching the intersection of Dent, Clark, Columbia River, and Taylor Flats Roads is a principal arterial street. (5) The effect on the property owner or owners if the request is not granted; Without the annexation area being assigned a specific zoning district, the area will be un-zoned. The area needs to be zoned to provide certainty and benefit to the property owners, developers, and adjoining property owners. (6) The Comprehensive Plan land use designation for the property; The Comprehensive Plan Land Use Designation for the property is Commercial. (7) Such other information as the Hearing Examiner requires. The site is within the City's Urban Growth Boundary. Contiguous properties to the south and west were annexed in 2022 (Ordinance 4591) and assigned C-1 and RT zoning (Ordinance 4637) in 2023. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Public notice of this hearing was posted in the Tri-City Herald on Wednesday September 18, 2024, and sent to property owners within 300 feet of the property on September 16, 2024. 2. The City Council is scheduled to consider an annexation ordinance for approximately 14.94 acres of land generally located north of Dent/Clark Roads between Columbia River Road, and Taylor Flats Road, in Pasco, Franklin County WA on November 16, 2024. 3. The site is currently zoned AP-20 (County); it is unknown when this zoning designation became effective. 4. A petition to be annexed was considered by the City of Pasco on August 5, 2024 (Resolution 4477). 5. Contiguous properties to the south and west were annexed in 2022 (Ordinance 4591). 6. Contiguous properties to the south and west were assigned C-1 and RT zoning in 2023 (Ordinance 4637). 7. Surrounding properties to the east and southeast are zoned I-2 (County Medium Classification Purpose and Description Zoning * Commercial Neighborhood, community and regional shopping and specialty centers, business parks, service and office uses O; BP; C-1; C-2; C-3; CR Page 166 of 187 5 Industrial) and C-3 (General Commercial), respectively. 8. The recently updated and approved Comprehensive Plan Land Use Map designates the site for Commercial development. 9. The property needs to be zoned for the advancement of the general welfare of the community so that development may occur. 10. Staff is recommending C-3 (General Commercial) zoning for the area; 11. Rezoning the property to C-3 would align with the Comprehensive Plan Land Use designation for the area. 12. Without the annexation area being assigned a specific zoning district, the area will be un-zoned. 13. The area needs to be zoned to provide certainty and benefit to the property owners, developers, and adjoining property owners. 14. The site is within the City's Urban Growth Boundary. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Hearing Examiner must develop its conclusions from the findings of fact based upon the criteria listed in PMC 25.210.060 and determine whether or not: 1. The proposal is in accord with the goals and policies of the Comprehensive Plan. Staff has recommended C-3 (General Commercial) zoning for the area; rezoning the property to C-3 will align with the Commercial Comprehensive Plan Land Use designations for the area. The proposal will support the following Comprehensive Plan Goals and Policies: LU-1-C Policy: Encourage conservation design with cluster commercial development and discourage strip commercial development. By applying C-1 zoning to the site there will be the opportunity for a “cluster” of commercial development surrounding the Dent, Clark, Columbia River, and Taylor Flats Roads intersection. LU-2-A Policy: Maintain sufficient land designated to accommodate residential, commercial, industrial, educational, public facility, and open-space uses proximate to appropriate transportation and utility infrastructure. Commercial uses should be located on or near arterial streets; Road 68 approaching the intersection of Dent, Clark, Columbia River, and Taylor Flats Roads is a principal arterial street. LU-6-A Policy: Encourage commercial and higher-density residential uses along major corridors and leverage infrastructure availability. Page 167 of 187 6 Road 68 approaching the intersection of Dent, Clark, Columbia River, and Taylor Flats Roads is a principal arterial street. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. Zoning the proposed annexation area C-3 (General Commercial) zoning will cause the site to be consistent with the Comprehensive Plan and compatible with surrounding commercial and industrial zoning to the east and southeast. 3. There is merit and value in the proposal for the community as a whole. There is merit and value in following the guidance of the Comprehensive Plan when assigning zoning to properties within the community. The Plan has indicated this property should be zoned Commercial (See Comprehensive Plan Map). Assigning C-3 zoning may lead to additional shopping and employment opportunities for Pasco residents. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The proposal is consistent with the Comprehensive Plan and no mitigation measures are proposed. When specific development is proposed, applicants will be required to perform mitigation measures commensurate with any identified specific impacts. Applicant shall be required to install improvements and infrastructure per City of Pasco requirements. 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. A concomitant agreement is not needed. RECOMMENDATION Staff recommends the City Council assign C-3 (General Commercial) zoning to the Shumway Annexation Area as described below and generally located north of Dent/Clark Roads between Columbia River Road, and Taylor Flats Road, in Pasco, Franklin County WA. (a portion of Assessor’s Tax Parcel 124320057), comprising approximately 14.94 acres: That portion of the Southwest ¼ of Section 33, Township 10 North, Range 29 East, Willamette Meridian, lying easterly of Road 68 and westerly of Taylor Flats Rd, and lying southerly of the following described line: Commencing at the southwest corner of said Section 33; thence North 0°13’43” West 1119.25 feet along the west section line of said section; thence leaving said section line North 89°46’17” East 495.16 feet to the east right of way of Columbia River Road and the point of beginning; thence leaving said right of way South 81°33’59” East 214.20 feet; thence South 80°36’20” East 117.46 feet; thence South 84°43’49” East 278.48 feet; thence North 89°48’40” East 87.18 feet; thence North 81°19’37” East 130.42 feet; thence North 74°06’32” East 346.72 feet; thence North 56°25’39” East 83.56 feet; thence North 46°06’51” East 326.00 feet to the westerly right of way margin of Taylor Flats Road and the terminus of said described line. Subject to public road right of way dedicated under Auditor’s File Number 554813, Records of Franklin County, Washington. Page 168 of 187 Pa g e 1 6 9 o f 1 8 7 Pa g e 1 7 0 o f 1 8 7 Pa g e 1 7 1 o f 1 8 7 Pa g e 1 7 2 o f 1 8 7 Pa g e 1 7 3 o f 1 8 7 Pa g e 1 7 4 o f 1 8 7 The picture can't be displayed. Looking North Pa g e 1 7 5 o f 1 8 7 The picture can't be displayed. Looking Northeast Pa g e 1 7 6 o f 1 8 7 The picture can't be displayed. Looking East Pa g e 1 7 7 o f 1 8 7 The picture can't be displayed. Looking Southeast Pa g e 1 7 8 o f 1 8 7 The picture can't be displayed. Looking South Pa g e 1 7 9 o f 1 8 7 The picture can't be displayed. Looking Southwest Pa g e 1 8 0 o f 1 8 7 The picture can't be displayed. Looking West Pa g e 1 8 1 o f 1 8 7 The picture can't be displayed. Looking Northwest Pa g e 1 8 2 o f 1 8 7 The picture can't be displayed. Site Pa g e 1 8 3 o f 1 8 7 Affidavit of Mailing In regards to MF# ZD2024-002 I, Carmen Patrick, hereby confirm that notification was sent by mail September 162, 2024 to the owners of the parcels within 300 feet of the proposed site. The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was sent and to whom received the notification. Given under my hand and official signature this 16th day, September of 2024. Page 184 of 187 PO Box 293 525 N 3: Ave, Pasco, WA 99301 P 509 54 5.3441 / F 509 54 5 3499 CITY OF PASCO NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita mas informacion, por favor llame al Departamento de Desarrollo Comunitario y Economico de la Ciudad de Pasco a 509-545-3441. PLEASE TAKE NOTICE that the Pasco Hearing Examiner will hold a public hearing at 6:00 p.m., Wednesday, October 9, 2024 to consider the establishment of zoning (ZD 2024-002) for the unincorporated property identified below; in the event such property is annexed to the City of Pasco; C-3 (General Commercial District) zoning is being considered. General Location: The site is generally located north of Dent Road between Columbia River Road, and Taylor Flats Road, Franklin County, WA. Legal Description: That portion of the Southwest of Section 33, Township 10 North, Range 29 East, Willamette Meridian, lying easterly of Road 68 and westerly of Taylor Flats Rd, and lying southerly of the following described line: Commencing at the southwest corner of said Section 33; thence North 0 °13'43" West 1119.25 feet along the west section line of said section; thence leaving said section line North 89°46'17" East 495.16 feet to the east right of way of Columbia River Road and the point of beginning. Thence leaving said right of way South 81 °33'59" East 214.20 feet; thence South 80°36'20" East 117.46 feet; thence South 84°43'49" East 278.48 feet; thence North 89°48' 40" East 87.18 feet; thence North 81 °19'37" East 130.42 feet; thence North 74 °06'32" East 346. 72 feet; thence North 56 °25'39" East 83.56 feet; thence North 46 °06'51" East 326.00 feet to the westerly right of way margin of Taylor Flats Road and the terminus of said described line. Comprising 14.94 acres, more or less. Subject to public road right of way dedicated under Auditor's File Number 554813, Records of Franklin County, Washington. THEREFORE, LET ALL CONCERNED TAKE NOTICE that a Public Hearing will be held by the Hearing Examiner of the City of Pasco, Washington, in the City Council Chambers, Pasco City Hall, 525 N 3rd Ave at the hour of 6:00 p.m., Wednesday, October 9, 2024, so that all concerned may appear and present any objections or support for the establishment of zoning classifications for the proposed annexation area. If you have questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail to: adamsj@pasco-wa.gov. If you wish to participate virtually in the hearing, please register at least hours prior to the meeting at the following registration link: www.pasco-wa.gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Public Comment Period: Written comments submitted to the Community Development Department by 5:00 p.m. on Wednesday, October 2, 2024 will be included in the Hearing Examiner's meeting packet. You may also submit comments at the Hearing Examiner meeting advertised above. Prepared September 16. 2024. by: Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco, WA 99301 (509) 545-3441. Page 185 of 187 Vicinitv Map Item: Zoning Determination to C-3 -Shumway .Annexation Applicant(s): Shum\vay Family Properties LLC File #: ZD 2024-002 .. ,. ,, ���$: _::♦-:��-. f ,-,�:,, .. ; : :1£:��t; f..a, ,:;f �:��;� �, .'..:r�:i:: ,.�·: .:": l .. ;i ·•·r�::-.: ..�,t r. ,...,_..\,� � •--r.'� -�f{f('/ 560 840 -·.. • -• ---;::�SITEj... t: ...... . � ·, ,. • ' ""' � N A 1 Feet S::,urc;e: [srL Ma'li:ar. Iartltsta� Geo,ircJ phics, and the,Gl5·:Lser�onrmmty , Pa g e 1 8 6 o f 1 8 7 JLUMBIA WATERS FARM LLC 1281 FALLS RD PASCO WA 99301 RGIL & DIANA BURNS 7827 BYERS RD PASCO WA 99301 -IUMWAY FAMILY PROPERTIES LLC 401 SHUMWAY RD PASCO WA 99301 NG & ELAINE MARS 1080 DENT RD PASCO WA 99301 WID L MCWHORTER 3017 COLUMBIA RIVER RD PASCO WA 99301 )WARD THOMAS GARZA 3015 COLUMBIA RIVER RD PASCO WA 99301 WAR EHOUSE LLC 110 TAYLOR FLATS RD PASCO WA 99301 )UNDY FARMS WEST LLC 1281 FALLS RD PASCO WA 99301 :FF ADAMS 620 BIRCH AVE RICHLAND WA 99352 Pa g e 1 8 7 o f 1 8 7