HomeMy WebLinkAboutHE Recommendation Z 2019-005 Rezone Walker Stone CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND RECOMMENDATION
Rezone MF# Z 2019-005, Walker/Stone
July 17, 2019
1. FINDINGS OF FACT
1.1 Proposal. Rezone request to change R-2 (Medium Density Residential) zoning to
I-1 (Light Industrial) or C-3 (General Business) consistent with the adjacent industrial zoning
and use on property the Applicant also owns.
1.2 Applicant/Property Owner/Location:
• Applicant/Property Owner: LB Stone Properties #091 LLC, P.O. Box 3949,
Spokane, WA 99330
• Location: 28 West A Street, (Parcel #112-060-047) and the southeast portion of
216 S 6th Avenue (Parcel#112-060-057), in Pasco, WA.
1.3 Site Use. The two small urban lots are adjacent to a building materials layout
yard for a lumber yard, with access from West "A" Street, and are provided with sewer and water
The land was formerly part of the Burlington Northern Railroad Right-of-Way, and had been
developed with railroad housing in the 1890's. The land was recently sold and an existing home
demolished. The Applicant wishes to expand their lumber yard operation on the larger, adjacent
3.6 acre lot by constructing a 24,000 square foot warehouse which would extend over at least one
of the lots proposed for rezone. Unfortunately, these parcels were zoned R-2 for the railroad
housing. Inconsistent with this zoning, the Plan designates the two lots as Commercial, allowing
for C-3 (General Business) zoning.
Rezoning the two lots would allow for the proposed use,1 and is consistent with the
Comprehensive Plan's Commercial designation. The Applicant prefers the I-1 zoning
designation, but at the July 10 hearing testified that C-3 would authorize the planned use, so is
acceptable. The Planning Department recommended C-3 based on Plan consistency, but both the
Department and Applicant agreed that the originally requested I-1 industrial zoning is a better
match.
1.4 Land Use Designations/Site and Surrounding Area. The Comprehensive Plan
designates the site as Commercial, and authorizes the requested C-3 zoning as an implementing
1 According to Applicant Testimony,Hearing Day 2;see also PMC 25.100.020 and Ex. 2(Updated Staff Report),
pg.2.
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Recommendation,Walker Stone Rezone MF#Z 2019-005
zone.2 The designation does not authorize I-1 zoning. The site is largely surrounded by
industrial zoning and uses, excepting the R-2 zoning to the east (providing for the old railroad
housing) and also the south across West "A" Street, which is developed with single family
residences.
1.5 Evidence Reviewed. The Examiner admitted the Staff Report on June 12, which
attached photographs of the site and area and documented surrounding zoning (Exhibit 1). An
updated Staff Report (Exhibit 2) and DNS (Exhibit 3) were admitted on July 10. Except as
revised, the two Staff Reports are incorporated. The Examiner conducted a site visit on June 12,
2019, between about 4:00 and 4:30 P.M.
1.6 SEPA (State Environmental Policy Act, Ch. 43.21C RCW). The Department
issued a DNS, or Determination of Non-Significance.3 No appeals were filed or comments
received. SEPA review is complete.
1.7 Hearing. A properly noticed hearing was held on June 12, 2019, and continued
to July 10, 2019, to allow SEPA review to be completed.4 On June 12, Planning Staff
summarized the proposal and provided background on the site's use. The Applicant further
addressed the proposal. On July 10, the Applicant testified that C-3 was consistent with the use
their pending building permit would authorize, so did not object to this designation. However,
the Department and Applicant agreed that I-1 is the better designation. No other person
indicated a wish to testify on either hearing day.
1.8 Rezone Considerations. A rezone to C-3 consistently implements the
Comprehensive Plan, and is in accord with its goals and policies. These objectives include
locating commercial facilities at major street intersections to avoid commercial sprawl and
residential neighborhood disruption, and leveraging major infrastructure availability.5 As the
Staff Report outlines, numerous Economic Development policies encourage commercial
development compatible with surrounding uses.6
Commercial areas are described as neighborhood, community and regional shopping and
specialty centers, business parks, service and office uses. Criteria to consider are:
• Size consistent with market demand
• Location conductive to convenient access on major circulation routes
• Sewer availability
z Comprehensive Plan,Vol.II-a,p. 18.
3 Ex. 3 (DNS).
4 Ex.2(Updated Staff Report),pg. 3 (notice mailed to property owners within 300 feet and published);PMC
25.210.040.
5 Ex.2(Updated Staff Report,pgs.4-5,referencing Policies LU-4-A and ED-2-B.
6 Ex.2(Updated Staff Report),pg. 5,referencing Policies ED-2-B and ED-3-A,and Goals ED-2 and ED-3.
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Recommendation,Walker Stone Rezone MF#Z 2019-005
• Land suitable for heavy building sites.
Industrial areas are described as manufacturing, food processing, storage and wholesale
distribution of equipment and products, hazardous material storage and transportation related
facilities. Criteria to consider for this designation are:
• Port of Pasco properties
• Land convenient to rail yards
• Land convenient to industrial waste water treatment facility
• Land convenient to the regional transportation system
• Availability of necessary utilities to serve the use
• Relatively level land suitable for heavy building sites.$
The proposal certainly follows criteria for a C-3 designation, but with the flat site next to
the railroad area, and its suitability for heavy building and use, the industrial designation is the
best fit. Correcting the zoning and recognizing the intended use of the land, has community
merit and value. There are no significant adverse impacts or outstanding issues to address, so
neither a concomitant agreement or mitigation conditions are needed.
2. CONCLUSIONS
The Examiner may issue a rezone recommendation based on whether:
(a) The proposal is in accord with the goals and policies of the Comprehensive
Plan;
(b) The effect of the proposal on the immediate vicinity will be materially
detrimental;
(c) There is merit and value in the proposal for the community as a whole;
(d) Conditions should be imposed in order to mitigate any significant adverse
impacts from the proposal;
(e) A concomitant agreement should be entered into between the City and the
petitioner, and if so, the terms and conditions of such an agreement.9
As the Findings detail, including at ¶ 1.8, the C-3 rezone follows these criteria and a
concomitant agreement and further mitigation is unnecessary. However, a rezone to I-1, would
Comprehensive Plan,Vol.II-a,pg. 18.
8 Comprehensive Plan,Vol.II-a,pg. 18.
9 PMC 25.210.060;PMC 2.50.080;Exhibit 2(Staff Report),pgs.4-6.
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Recommendation,Walker Stone Rezone MF#Z 2019-005
better meet Comprehensive Plan objectives, given project consistency with Plan industrial
development policies, and the surrounding industrial setting. However, to rezone to Industrial,
the Comprehensive Plan designation needs to be revised.
While the City Council makes the ultimate decision, and may weigh policy
considerations differently, as the requested C-3 rezone better implements the Comprehensive
Plan than the existing residential zoning it should be approved. However, the preferable zone is
Industrial, so if the Plan designation were change to Industrial,then the I-1 zoning should apply.
RECOMMENDATION
The Hearing Examiner recommends approval of the rezone from R-2 (Medium Density
Residential) to C-3 (General Business) as an interim measure. However, once the City changes
the Comprehensive Plan designation from Commercial to Industrial, then the zoning should be
changed to I-1 (Light Industrial), to be consistent with the adjacent zoning.
There are multiple ways to place the preferred I-1 zoning on the site. However, one way
to expedite the matter would be to rezone the parcels to C-3, with the I-1 zoning springing into
effect and superseding the C-3 zoning upon Comprehensive Plan re-designation to Industrial.
f RECOMMENDATION entered July 17, 2019.
City of Pasco Hearing Examiner
Susan Elizabeth Drummond
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Recommendation,Walker Stone Rezone MF#Z 2019-005