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Home My WebLink AboutZ 2024-004 HE Decision 2024.08.02CITY OF PASCO LAND USE BEARING EXAMINER IN THE MATTER OF ) RCOMMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW Z 2024-004 ) DECISION AND Osprey Pointe Rezone ) CONDITIONS OF APPROVAL THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on July 24, 2024. The Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact, Conclusions of Law, Decision and Conditions of Approval as follows: I. RECOMMENDED FINDINGS OF FACT 1. APPLICANT: JMS Development LLC, 904 E Ainsworth Avenue, Pasco, WA 99301 2. REQUEST: REZONE: 904 E Ainsworth Avenue (Parcel # 112-420-025), 1110 Osprey Pointe Boulevard (Parcel # 112-420-026), and 1740 E Dock Street (Parcel # 112-420-027) rezone from I-3 (Heavy Industrial) to (MU Mixed Use). 3. Timeline: 31 May 2024 Application Submitted Determination of Incompleteness 16 June 2024 Application Deemed Complete 20 June 2024 SEPA Threshold Determination of Non -Significance Issued 7 July 2024 Application Noticed for Public Hearing 7 July 2024 Public Hearing/Staff Report Published 17 July 2024 4. PROPERTY DESCRIPTION: 4.1. Abbreviated Legal: BINDING SITE PLAN 2015-05 PARCEL C 4.2. General Location: 904 E Ainsworth Avenue 4.3. Approximate Prope Size: 19.74 acres 4.4. Abbreviated Legal: BINDING SITE PLAN 2015-05 PARCEL D 4.5. General Location: 1110 Osprey Pointe Boulevard 4.6. Approximate Prope . Size: 18.53 acres 4.7. Abbreviated Legal: BINDING SITE PLAN 2015-05 PARCEL E 4.8. General Location: 1740 E Dock Street 4.9. Approximate Propefjy Size: 15.83 acres Z 2024-004 Osprey Pointe Rezone Page 1 of 6 5. ACCESS: 904 E Ainsworth Avenue (Parcel # 112-420-025) has access to E Ainsworth Avenue, 1110 Osprey Pointe Boulevard (Parcel # 112-420-026) has access to Osprey Pointe Boulevard and E Ainsworth Avenue, and 1740 E Dock Street (Parcel # 112-420-027) has access to E Dock Street, E Ainsworth Avenue, and SE Road 18. 6. UTILITIES: Municipal water and sewer are available on Osprey Pointe Boulevard and E Ainsworth Avenue. 7. LAND USE AND ZONING: The properties are zoned I-3 Heavy Industrial. 904 E Ainsworth Avenue (Parcel # 112-420-025) contains an approximately 4,000 square foot office building, 1110 Osprey Pointe Boulevard (Parcel # 112-420-026) is developed with an office building, and 1740 E Dock Street is classified as undeveloped by the Franklin County Tax assessor but contains an approximately 4,300 square foot utility/commercial building that appears to be disused. Surrounding properties are zoned, and developed as follows: 7.1. North: I-1 Light Industrial/ I-3 Heavy Industrial, Wastewater treatment plant, commercial and government offices, and industrial buildings 7.2. East: 1-3 Heavy Industrial, Industrial outdoor storage and stockpiling 7.3. South: I-3, Walking trail along Columbia River 7.4. West: 1-1 Light Industrial/R-2 Medium Density Residential, Commercial Buildings and Single Family Dwellings 8. Comprehensive Plan: The City of Pasco Comprehensive Plan designates this site as "Mixed Residential and Commercial." The Mixed Residential and Commercial designation accommodates a diverse range of housing, 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, O and Waterfront zoning district designations. Per Pasco Municipal Code (PMC) 25.215.015, maximum gross density of any proposed development within any zoning district, expressed as dwelling units per acre, shall be no less than the corresponding minimum density expressed in the Comprehensive Plan land use density table, and no greater than the corresponding maximum density expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25.161 PMC. This rezone is consistent with the Comprehensive Plan. 9. ENVIRONMENTAL DETERIVIINATION: The City of Pasco is the State Environmental Policy Act ("SEPA") lead agency for this project (SEPA2024-035). Based on the SEPA environmental checklist, Comprehensive Plan, applicable regulations, and other information, a threshold determination resulting in a Determination of Non -Significance (DNS) for this project was issued on July 7, 2024 under WAC 197-I1-158. 10. Applicant JMS Development LLC wishes to rezone 904 E Ainsworth Avenue (Parcel # 112-420-025), 1110 Osprey Pointe Boulevard (Parcel # 112-420-026), and 1740 E Dock Street (Parcel # 112-420-027) in Pasco, WA 99301 from 1-3 (Heavy Industrial) to MU (Mixed Use). The combined acreage of the site comprises approximately 54,09. The underlying Comprehensive Plan Future Land Use is "Mixed Residential and Commercial." 11. The proposed rezone does not include a project action. It is anticipated that should the rezone be approved a subsequent subdivision project may be submitted for review. This review would include requirements for the impacts it has on the level of service for parks, transportation, etc. Any subsequent subdivision proposals would additionally be required to adhere to Pasco Municipal Code, including provisions such as connectivity and residential design standards. Z 2024-004 Osprey Pointe Rezone Page 2 of 6 12. History: The site was annexed into the City in 1994 and assigned zoning via Ordinance 3033. Ordinance 3033 adopted the zoning designations of Resolution 2122, designating the site's zone as I- 3. 13. 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: 13.1. The date the existing zone became effective: 13.1.1. The site was assigned the I-3 zoning designation in 1994 via Ordinance 3033 and Resolution 2122. 13.2. The changed conditions, which are alleged to warrant other or additional zoning: 13.2.1. Passage of Ordinance 4668 (May 2023) modifying the City's zoning code and providing for a Mixed -Use zoning district is the primary changed condition warranting the rezone. The proposed rezone would allow the site to be developed as intended per the Comprehensive Plan land use map. 13.3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: 13.3.1. The Mixed Residential and Commercial designation allows for R-1, R-2, R-3, R-4, C-1, O and Waterfront (read Mixed -Use) zoning; which would allow for residential development, which has high market demand as a housing shortage exists. 1.3.3.2. The rezone application and proposal are consistent with the Council -approved amendments to the Pasco Comprehensive Plan, which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. 13.4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 13.4.1. Surrounding properties are developed with single family, commercial and industrial uses. Two of the parcels are currently developed with commercial/government offices which is in conformance with the Mixed -Use zoning district and in character with the surrounding properties. 13.4.2. The proposed rezone would allow for a combination of mixed -use residential and commercial in the same development: Single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre; and neighborhood shopping and specialty centers, business parks, service and office uses. 13.5. The effect on the property owner or owners if the request is not granted: 13.5.1. If this rezone request is not granted, the applicant would not purchase the property from the Port of Pasco or potentially re -develop the property. 13.6. The Comprehensive Plan land use designation for the property: 13.6.1. The City of Pasco Comprehensive Plan designates this site as "Mixed Residential and Commercial". The 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, O and Waterfront zoning. 13.6.2. Per PMC 25.215.015 maximum gross density of any proposed development within any zoning district, expressed as dwelling units per acre, shall be no less than the corresponding Z 2024-004 Osprey Pointe Rezone Page 3 of 6 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. 13.7. Such other information as the Hearing Examiner requires: 13.7.1. The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals. 14. Public notice of this application and hearing was sent to property owners within 300 feet of the property and posted on the City's website on July 2, 2024, and published in the Tri-City Herald on July 7, 2024. Each property was posted with the Notice of Application and Notice of Public Hearing on July 3, 2024. 15. A rezone from I-3 (Heavy Industrial) to (MU Mixed Use) has been requested for 904 E Ainsworth Avenue (Parcel # 112-420-025), 1110 Osprey Pointe Boulevard (Parcel # 112-420-026), and 1740 E Dock Street (Parcel # 112-420-027). 16. The sites comprise approximately 54.09 acres combined. 17. The site was assigned the 1-3 zoning designation in 1994 via Ordinance 3033 and Resolution 2122. 18. Per PMC, the heavy industrial district is established to provide areas in the City where heavy industrial, manufacturing, processing, assembly, fabricating and ancillary activities can occur while being protected from encroachment of commercial and residential uses. This district is intended to permit high -intensity land uses that would be termed obnoxious due to noise, glare and other emissions resulting from the manufacturing process. The I-3 zoning district is intended to apply only to those Port of Pasco -owned lands to which the I-3 zone was applied upon the formation of 1-3 zoning district. 19. Per PMC, the purpose of the Mixed -Use (MU) zoning district is to allow for a compatible and integrated mix of commercial (and office, education and government uses) with residential uses. The Mixed Use zoning district is intended to provide a high level of diversity in housing types including townhouses and flats in mid -rise buildings ranging from two to six stories to move toward the City's land use and housing goals and policies relating to density and a broad range of housing types, as required under the Growth Management Act, Chapter 36.70A RCW. In addition, ground floor neighborhood -scale commercial and/or office uses are encouraged to create a cohesive bike and pedestrian -oriented community. 20. The City's 2018-2038 Comprehensive Plan Land Use Map designates the site as "Mixed Residential and Commercial". Mixed Residential/Commcrcial allows a combination of mixed -use residential and commercial in the same development: single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre, and neighborhood shopping and specialty centers, business parks, service and office uses. 21. The underlying Comprehensive Plan Land Use designation specifies 5 to 29 dwelling units per acre. 22. At the time of 2018-2038 Comprehensive Plan adoption in 2021, the City did not have a zoning district to facilitate the intent of that Mixed -Use Residential Commercial land use designation. In May 2023 City Council approved Ordinance 4668, amending PMC Section 25.20.010 "Establishment of Zoning Districts" and Chapter 25.127 'VD Waterfront Development," replacing the " WD Waterfront Development" with "MU Mixed -Use," allowing for Mixed -Use developments citywide, consistent with the Comprehensive Plan. 23. Upon Subsequent development of the property, the Applicant will be required to submit State Environmental Policy Act (SEPA) Environmental Checklist that considers the elements of the environment, under WAC 197-11-444, which include a great number of items but can briefly be Z 2024-004 Osprey Pointe Rezone Page 4 of 6 described as the natural and built environment. Any proposals that would cause a significant impact to the environment would be mitigated through the SEPA process. 24. All three parcels requesting rezone are developed. 25. An open record public hearing after due legal notice was held on July 24, 2024. 26. At this hearing the Staff Report and entire Planning Staff File was admitted into the record. 27. Appearing and testifying on behalf of the Applicant was James Sexton. Mr. Sexton testified that he was an agent for the property owner and applicant and was authorized to appear on behalf of the applicant at this hearing. Mr. Sexton testified that he agreed with all the representations set for within the staff report. 28. No member of the public testified at this hearing. II. RECOMMENDED CONCLUSIONS OF LAW 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. I.I. The Land Use Element of the Comprehensive Plan designates the site "Mixed Residential Commercial." A change in zoning would be consistent with the comprehensive plan Land Use Map designation for the site as I-3 is not a zoning district that is in conformance with the underlying future land use designation. The rezone could further the goals and policies of the Comprehensive Plan such as: 1.1.1.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 prohibits single and multi -family dwellings. A rezone to MU would allow for a variety of housing types. 1.1.2.Housing Policy H-1-13: Higher intensity housing should be located near arterials and neighborhood or community shopping facilities and employment areas. The proposed rezone could make it easier to develop the land to the required density of the Comprehensive Plan and the property is adjacent to the Port of Pasco, a major employer, and less than a mile from Route 397 a major transportation route that provides access across the Columbia River to Kennewick. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1. This application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property. A development action affecting the site would be subject to the State Environmental Policy Act (SEPA) and impacts to the natural and built environment, including neighboring properties, would be considered and mitigated through the SEPA process. 3. There is merit and value in the proposal for the community as a whole. 3.1. The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council. The proposal includes infill development and promotes the goals of the Mixed Residential and Commercial Land Use Map Designation. This rezone would allow for residential development on the site, which is currently prohibited. The City of Pasco and the state of Washington are currently experiencing a housing shortage. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. Z 2024-004 Osprey Pointe Rezone Page 5 of 6 4.1. The rezone application and anticipated project are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. As such, no conditions should be imposed; any future development will be evaluated for significant adverse impacts at the time of a development application, which will also be subject to review under the State Environmental Policy Act (SEPA). 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. 5.1. No Concomitant Agreement is considered necessary for this application. III. RECOMMENDED DECISION Based on the above Findings of Fact and Conclusions of Law, the Hearing Examiner hereby recommends APPROVAL for Rezone Z 2024-004. Dated this day of August, 2024 CITY OF PASCO HEARING EXAMINER Andrew L. Kottkamp Z 2024-004 Osprey Pointe Rezone Page 6 of 6