HomeMy WebLinkAboutZ 2024-009 Columbia River Walk Apartments decisionCITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
CONCLUSIONS OF LAW, AND
Z 2024-009 ) RECOMMENDED DECISION
Columbia River Walk Apartments West )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on December
11, 2024, the Hearing Examiner having taken evidence hereby submits the following Recommended
Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as follows:
I. RECOMMENDED FINDINGS OF FACT
1. The applicant is Jesus Zepeda. 2326 WA St., Pasco, WA 99301.
2. The applicant is requesting to rezone Parcel 119-740-015, Binding Site Plan 2008-03 Lot 2, from zoning
district I-1 Light Industrial to R-4 High -Density Residential
3. SUBJECT PROPERTY DESCRIPTION:
3.1. Legal Description: Binding Site Plan 2008-03 Lot 2
3.2. Tax Parcel Number: 119-740-015
3.3. Address: 2326 W A Street, Pasco, WA 99301
3.4. General Location: Located on the south side of W A Street at the intersection of W A Street and S
23rd Avenue.
3.5. Property Size: 1.38 acres
4. ACCESS: The parcel fronts on and has public road access on W A Street.
5. UTILITIES: The site is currently served by municipal water and sewer from lines located in the Right -
of -Way of W A Street.
6. LAND USE, ZONING: The subject property is zoned I-1 Light Industrial (I-1) and is currently used
for industrial storage and as a lay -down yard. Surrounding properties are zoned and developed as
follows:
6.1. NORTH: R-1-A2 Low -Density Residential Alternative District; Single Family Dwellings on
approximately 1/6 acre lots
6.1. LC-3 General Business District; Parking Lot for Neighboring Business
6.2. EAST: R-4 High -Density Residential District; 3-story multifamily apartment complex
6.3. SOUTH: I-1 Light Industrial; Waterfront Revetment and Paved Bike Path
6.4. WEST: CA Retail Business District; Undeveloped and occupied by shrub -steppe vegetation,
occasionally beehive boxes are placed on -site
6.5. Along the entire width of the subject property, beginning at the southern property line extending
approximately 15 feet northeast, is land considered within the Shoreline Jurisdiction.
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COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan Land Use designation for the
subject property is Mixed Residential/Commercial. The Mixed Residential/Commercial Land Use
designation allows for a combination of mixed -use residential and commercial in the same
development. Single-family dwellings, patio homes, townhouses, apartments and condominiums are
allowed at a density of 5 to 29 dwelling units per acre (du/ac). Neighborhood shopping and specialty
centers, business parks, service and office uses are also allowed. Land with this designation may be
assigned zoning districts R-1 through R-4, C-1, O, and [Mixed Use]. Per Pasco Municipal Code (PMC
25.215.015) the 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.
8. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project.
Based on the State Environmental Policy Act (SEPA) checklist, SEPA2024-058, Comprehensive Plan,
applicable regulations, and other information, a threshold determination resulting in a Determination
of Non -Significance (DNS) for this project was issued on December 24, 2024, under WAC 197-11-158.
9. SITE HISTORY: The subject property was annexed into the City by Ordinance 1050 passed by City
Council on April 17, 1962. The subject property was part of Government Lot 2 in Section 36, Township
9 North, Range 29 East WM. In 1996, a Comprehensive Plan Amendment passed which resulted in a
Land Use designation change to Mixed Residential. In 2021, Comprehensive Plan update approved via
Ordinance 4537 changed the Land Use Designation to Mixed Residential/Commercial. The most recent
division of the subject property occurred in 2008 via Binding Site Plan 2008-03. The site was
undeveloped until 2008 when building permit B08-1117 was issued. The property is currently used for
industrial storage and as a lay -down yard.
10. Requirements for Zoning Petition
10.1. The petition for a change of classification must include the following information per PMC.
25.210.030:
10.1.1. The date the existing zone became effective:
10.1.1.1. It is unknown when the subject property was zoned I-1. The assignment of 1-1
zoning to the subject property may have occurred as early as 1965; the zoning district
I-1 was established in the Zoning Ordinance of 1965 adopted via Ordinance 1203. Staff
was unable to locate a Resolution or Ordinance addressing the subject property's zoning
around the time the subject property annexed into the City by Ordinance 1050 passed
by City Council on April 17, 1962. Staff was also unable to locate a zoning map
amendment for this property after the adoption of Ordinance 1203 through to 1980, or
locate the 1965 zoning map. The subject property was classified as I-1 on the City's
1990 zoning map.
10.1.2. The changed conditions, which are alleged to warrant other or additional zoning:
10.1.2.1. Per the Applicant, "Best use of the property to match the existing multifamily
buildings adjacent."
10.1.3. Facts to justify the change on the basis of advancing the public health, safety and general
welfare:
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10.1.3.1. Per the Applicant, "It will be a better fit for the surrounding areas which are
commercial to the West and Multifamily construction to the East and Residential to the
North."
10.1.4. The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
10.1.4.1. Per the Applicant, "It will increase the value of the surrounding property as it will
match the higher density adjacent."
10.1.5. The effect on the property owner or owners if the request is not granted:
10.1.5.1. Per Applicant, "The best use and fit for the parcel would not be realized. The light
industrial building and its lay down yard do not fit well with the Commercial and
Multifamily lots surrounding it."
10.1.6. The Comprehensive Plan land use designation for the property:
10.1.6.1. The City of Pasco Comprehensive Plan designates the subject property's Land Use
as Mixed Residential/Commercial.
10.1.7. Such other information as the Hearing Examiner requires.
11. ANALYSIS: Jesus Zepeda, owner of Zepgon Investments LLC, submitted a SEPA checklist,
SEPA2024-058, and Rezone Application, Z2024-009, to rezone approximately 1.38 acres of land from
zoning district I-1 Light Industrial to R-4 High -Density Residential as the property is next to R-4 and
across the street from R-1-A2 zoned and developed property.
12. HEARING EXAMINER RECOMMENDED FINDINGS OF FACT
12.1. The Application for Rezone, Z2024-009, and SEPA Environmental Checklist, SEPA2024-
055, were submitted for review on November 1, 2024, and a Determination of Complete
Application issued on November 7, 2024.
12.2. Applicant proposes to rezone the property addressed as 2326 W A Street, Pasco, Parcel
119-740-015 (subject property), from I-1 Light Industrial to R-4 High -Density Residential to
construct apartments.
12.3. The subject property fronts on and has road access to W A Street, a public road classified
as an Arterial.
12.4. The subject property is approximately 1.38 acres in area.
12.5. The subject property was developed in 2008 and is occupied by Generation Plastering LLC,
owned by the Applicant.
12.6. The City's 2018-2038 Comprehensive Plan Land Use Map designates the subject
properties as Mixed Residential/Commercial.
12.7. Land with a Comprehensive Plan Land Use Map designation (Land Use) of Mixed
Residential/Commercial may be assigned zoning districts R-1 through R-4, C-1, O, and [Mixed
Use].
12.8. Mixed Residential/Commercial land allows single-family dwellings, patio homes,
townhouses, apartments and condominiums at a density of 5 to 29 du/ac.
12.9. Per the Comprehensive Plan, property with a Land Use of Mixed Residential/Commercial
cannot be rezoned to I-1, but can be rezoned to R-4 High -Density Residential.
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12.10. In 2018, the lot immediately adjacent to the east of the subject property and under the same
ownership as the subject property was rezoned from I-1 to R-3 Medium Density Residential.
12.11. In 2021, the land between the subject property and S 20th Avenue, which was under the
same ownership of the subject property, currently totaling 8.4 acres, was rezoned from R-3 and I-
1 to R-4. These properties have since been developed into multifamily apartments.
12.12. A Notice of Application with Optional SEPA Determination of Non -Significance was
issued on November 20, 2024. The NOA/ODNS was published in the Tri-City Herald newspaper,
posted on the City of Pasco Public Notice webpage, the SEPA Register website, and on the subject
property.
12.13. Comments were received from Basin Disposal, Ecology and WDFW.
12.14. No comments were received from property owners or Pasco residents in response to the
Notice of Application or Notice of Public Hearing.
12.15. A SEPA Determination of Non -Significance was issued for SEPA2024-058 on December
24, 2024 and posted on the SEPA Register website, and distributed to Parties of Record.
12.16. Public notice of this hearing was sent to property owners within 300 feet of the property,
to parties of record, and published in the Tri-City Herald newspaper.
12.17. Per PMC 2.50.080(1), the Hearing Examiner may conduct hearings and prepare
recommendations for City Council consideration of rezone applications.
13. Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of
fact from which to draw their conclusions based upon the criteria listed in PMC 25.210.060(1). The
criteria are as follows:
13.1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
13.1.1. The Mixed Residential/Commercial Land Use allows for R-4 zoning and maybe developed
with apartments. I-1 zoning is not consistent with the comprehensive plan.
13.1.2. 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:
13.1.3. Land Use Policy LU-4-A: Encourage infill and higher density uses within proximity to
major travel corridors and public transportation service areas.
13.1.4. Land Use Policy LU-4-F: Support mixed use, smart growth, infill, and compact
developments with transit and pedestrian amenities that promote a healthy community.
13.1.5. Housing Goal H-1: Encourage housing for all economic segments of the city's population
consistent with the local and regional market.
13.1.6. Housing Policy H-1-A: Allow for a range of housing including single family homes,
townhouses, condominiums, apartments, and manufactured housing, accessory dwelling
units, zero lot line, planned unit developments etc.
13.2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
13.2.1. This application for rezone will not be materially detrimental to the immediate vicinity as
many properties in the immediate vicinity are residential. If the rezone to R-4 is approved the
site would be redeveloped as Columbia River Walk Apartments West, an extension of the
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existing apartments on the over 8 acres immediately adjacent to the subject property and west
of S 20th Avenue. See Finding of Fact 9.
13.3. There is merit and value in the proposal for the community as a whole.
13.3.1. Rezoning the subject property provides the opportunity for residential development which
will benefit from the proximity and/or access to the Columbia River and the riverside bike
trail and parks maintained by the City of Pasco.
13.3.2. 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.
13.4. Conditions should be imposed in order to mitigate any significant adverse impacts from
the proposal.
13.4.1. The rezone application and future site development are subject to the regulations and
requirements of the Pasco Municipal Code and the City of Pasco Design and Construction
Standards. As such, no conditions should be imposed; any future development will be
evaluated for significant adverse impacts at the time of a development application.
13.5. A Concomitant Agreement should be entered into between the City and the petitioner, and
if so, the terms and conditions of such an agreement.
13.5.1. No Concomitant Agreement is considered necessary for this application
14. An open record public hearing was held, after legal notice, on January 8, 2025.
15. Appearing and testifying on behalf of the Applicant was Rigo Range]. Mr. Range] testified that he was
an agent authorized to appear and speak on behalf of the property owner and Applicant. Mr. Rangel
indicated that they agreed with the representations set forth within the staff report.
16. Testifying from the public was Elaine Rodriguez. Ms. Rodriguez that she is the neighbor, and they have
commercial property and commercial use on their property. She stated that their use has fumes from
their industrial and commercial uses and wanted to make sure that the owners were made aware of this
in the event of future development.
17. The following exhibits were admitted into the record:
17.1. Ex.l Application;
17.2. Ex. 2 Google Earth Streetview Photos (9/2023);
17.3. Ex.3 Maps (Overview, Vicinity, Zoning District, Comprehensive Plan Land Use
Designation);
17.4. Ex. 4. Determination of Completeness;
17.5. Ex. 5. Notice of Application w/ Optional SEPA Determination of Non -significance
Posted On -site
17.6. Ex. 6. NOA ODNS Affidavit of Publication
17.7. Ex. 7. Public/Agency Comments
17.8. Ex. 8. SEPA Final Determination of Non -significance
17.9. Ex. 9. Notice of Public Hearing Affidavit of Mailing
17.10. Ex. 10. Notice of Public Hearing Affidavit of Publication
17.11. Ex. 11. Staff Report
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17.12. Ex. 12. Remainder of staff file.
18. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
19. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this
reference.
H. RECOMMENDED CONCLUSIONS OF LAW
1. The Hearing Examiner has been granted the authority to render this decision
2. As conditioned, this project is consistent with the Pasco Comprehensive Plan and Pasco Municipal
Code.
3. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this
reference.
III. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Recommended Conclusions of Law, Z 2024-009
is recommended to be APPROVED.
Dated this /k day of January, 2025
CITY OF PASCO HEARING EXAMINER
0 /�Zc
Andrew L. Kottkamp
Absent a timely appeal, this Decision is final'
' See Ch. 36.70C RCW (establishing a 21 day appeal period to superior court, and setting forth necessary review
contents, along with filing and service requirements).
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