HomeMy WebLinkAboutHE Recommendation Z 2021-009 Columbia Riverwalk Apts CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2021-009 )
Columbia Riverwalk Apartments/Rangel )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
August 11, 2021, the Hearing Examiner having taken evidence hereby submits the following
Recommended Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as
follows:
1. RECOMMENDED FINDINGS OF FACT
1. PROPERTY/APPLICATION DESCRIPTION:
1.1 Legal: Lots 1 through 6 of Short Plat 2020-29, Section 36,Township 9 North,Range
29 East, W.M. records of Franklin County, Washington(Parcels 11974003 1,
119740032, 119740033, 119740034, 119740035, 119740036); and that portion of
Blocks 6, 13 and 14, of vacated Lena and River Streets adjoining, in Oakley's
Riverfront Addition,according to plat thereof recorded in Volume`B"of Plats,page
34, lying south of a line distant 350 feet south of the south line of"A" Street, and
parallel with said south line, except any portion thereof deeded to the United States of
America by deed recorded under Auditor's File No. 139346, records of said County
(Parcel 112330120).
1.2 General Location: Generally located near the corner of South 20th Avenue and West
"A" Street in Pasco, WA.
1.3 Prope , Size: 10.51 acres (457,934.40 square feet).
Parcel Sq.Ft. Acres Zoning
119740031 46,681.00 1.07 R-3
119740032 66,156.00 1.52 R-3
119740033 42,656.00 0.98 R-3
119740034 46,010.00 1.06 R-3
119740035 111,513.60 2.56 R-3
119740036 52,135.00 1.20 R-3
112330120 92,782.80 2.13 I-1
Total 457,934.40 10.51
1.4 Applicant: Rigoberto Rangel, 5804 Rd 90 Suite D.,Pasco, WA 99301.
1.5 Request: Rezone Columbia Riverwalk Apartments properties from R-3 and I-1 to R-
4.
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2. ACCESS: The parcels have access from South 20th Avenue and/or West"A" Street.
3. UTILITIES: There are existing water and sewer utilities in South 20th Avenue and West
"A" Street.
4. LAND USE AND ZONING: Two of the lots are developed; six are zoned R-3 (Medium-
Density Residential)one is zoned I-1 (Light Industrial). Surrounding properties are zoned and
developed as follows:
NORTH: R-1-A-2 and I-1 Mobile Homes and Industrial Uses
EAST: I-1 Industrial Uses
SOUTH:I4 USACE Levee
WEST: I-1 Industrial Uses
5. COMPREHENSIVE PLAN: The Comprehensive Plan has recently been updated and
approved by City Council. The lots have been designated"Mixed Residential/Commercial."
The"Mixed Residential/Commercial"designation allows for R-1 through R-4, C-1, and O, as
well as Waterfront zoning;this Land Use designation allows a combination of mixed-use
residential and commercial in the same development,and uses may include single-family
dwellings,patio homes,townhouses,apartments, and condominiums. Residential densities
may range between 5 to 29 dwelling units per acre. The designation anticipates neighborhood
shopping and specialty centers,business parks, service and office uses. The proposed rezone
is consistent with the Comprehensive Plan.
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
Determination of Non-Significance(DNS)was issued on July 8,2021 for this project
pursuant to WAC 197-11-158.
7. REQUEST: Rigoberto Rangel has submitted an application to rezone Parcels 119740031,
119740032, 119740033, 119740034, 119740035, 119740036, located west of 20th Avenue
and south of West "A" Street, and Parcel 112330120 located east of 20th Avenue and south
of West "A" Street in Pasco, WA, from R-3 (Medium-Density Residential) and I-1 (Light
Industrial) to R-4 (High-density Residential). Applicant anticipates developing apartments
similar to the two recently constructed buildings on the site.
8. SITE: The site has frontage access on South 20th Avenue and West "A" Street and contains
approximately 10.51 acres(457,934.40 square feet).
8.1 The recently updated Comprehensive Plan has designated the site "Mixed
Residential/ Commercial." The "Mixed Residential/Commercial" designation allows
for R-4 zoning and may be developed with apartments.Residential density may range
from 5 to 29 dwelling units per acre in the "Mixed Residential/Commercial"
designation. The rezone request and its intended use are both consistent with the
Comprehensive Plan Land Use Map designation
9. HISTORY: The site was annexed into the City in 1962 and zoned for industrial uses. Later
the property was designated as "Open Space/Nature" due to its proximity to the Columbia
River. In 1996, a Comprehensive Plan Amendment passed which resulted in a designation
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change to "Mixed Residential." The City has recently approved a major update to its
Comprehensive Plan. The revised Land Use Element of the approved Plan designated the site
"Mixed Residential/Commercial."Applicant is seeking to rezone the property to R-4 to allow
for the construction of a middle- to high-income apartment complex consisting of up to 200
residential units. The R-3 zoning designation would allow only approximately 122 units. This
property provides the opportunity for development which will benefit from the proximity
and/or access to the Columbia River. In the event of approval of the rezone, the applicant
intends to develop the site with as many as three apartment buildings that will have riverfront
views and bike path access. During the time of development, the City also requires full
improvement of right-of-way including curb, gutter, and sidewalk. The site is located on an
arterial street which is favorable for future residents and visitors of the proposed
development.
10. 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:
10.1 The date the existing zone became effective:
10.1.1 The site was rezoned from I-1 (Light Industrial) to R-3 (Medium-Density
Residential) in 2018 (Ordinance 4396).
10.2 The changed conditions,which are alleged to warrant other or additional zoning:
10.2.1 City Council approved an update to the Comprehensive Plan this year; The
Land Use Element of the Plan now designates the site.
10.2.2 Applicant has developed one 60-unit and one 48-unit apartment building on
the site(Parcels 119740035 and 119740031,respectively).
10.2.3 The "Mixed Residential/Commercial" designation allows for R-4 zoning and
may be developed with apartments.
10.2.4 Residential density may range from 5 to 29 dwelling units per acre in the
"Mixed Residential/Commercial"designation.
10.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
10.3.1 The rezone application and proposal are consistent with 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. The
rezone would allow for residential density between 5 to 29 dwelling units per
acre in the"Mixed Residential/Commercial"designated area.
10.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
10.4.1 A change in zoning classification would likely result in the development of
apartments, which are appropriate for this area, in alignment with the Land
Use Element of the Comprehensive Plan.
10.4.2 The rezone application is consistent with and meets the intent of the newly
revised and approved goals and policies of the Comprehensive Plan.
10.5 The effect on the property owner or owners if the request is not granted:
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10.5.1 If the property remains with the current zoning designations the balance of
the R-3-zoned parcels would likely remain vacant due to the density limits of
the current zoning designation. The 1-1 zoned parcel to the east of 20th
avenue, which has been a nuisance property for many years, would likely
remain vacant,overgrown,and continue to attract nuisance activities.
10.6 The Comprehensive Plan land use designation for the property
10.6.1 The City Council has recently approved an update to the Comprehensive
Plan; The Land Use Element of the Plan now designates the site "Mixed
Residential/Commercial."
10.6.2 The "Mixed Residential/Commercial" designation allows for R-4 zoning and
may be developed with apartments.
10.7 Such other information as the Hearing Examiner requires:
10.7.1 The rezone application is consistent with and meets the intent of the
Comprehensive Plan, and City Council Goals on housing. The opportunity
for additional higher-density residential uses in this area supports the Land
Use Element of the Comprehensive Plan.
11. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on July 20,2021.
12. The Applicant wishes to rezone Parcels 119740031, 119740032, 119740033, 119740034,
119740035, and 119740036, from R-3 (Medium-Density Residential) to R-4 (High-density
Residential).
13. The Applicant wishes to rezone Parcel 112330120 from I-1 (Light Industrial) to R-4 (High-
density Residential).
14. Parcels 119740031, 119740032, 119740033, 119740034, 119740035, and 119740036, are
located west of 20th Avenue and south of West"A" Street.
15. Parcel 112330120 is located east of 20th Avenue and south of West"A" Street.
16. The Applicant anticipates developing apartments similar to the two recently constructed
buildings on the site.
17. The site has frontage access on South 20th Avenue and West"A" Street.
18. The site contains approximately 10.51 acres.
19. The Comprehensive Plan designates the lot"Mixed—Residential/Commercial."
20. The"Mixed Residential/Commercial"designation allows for R-4 zoning.
21. The"Mixed Residential/Commercial"designation may be developed with apartments.
22. The "Mixed Residential/Commercial" designation allows for densities from 5 to 29 dwelling
units per acre.
23. The rezone request is consistent with both Comprehensive Plan Land Use Map designations.
24. The intended use is consistent with both Comprehensive Plan Land Use Map designations.
25. The site was annexed into the City 1962.
26. The site was zoned for industrial uses in 1962.
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27. The property was later designated as "Open Space/Nature" due to its proximity to the
Columbia River.
28. The site's Comprehensive Plan designation was changed to"Mixed Residential".
29. The site's Comprehensive Plan Land Use Element was changed to"Mixed
Residential/Commercial"in 2021.
30. Applicant wishes to construct up to 200 residential units.
31. An open record public hearing after due legal notice was held August 11, 2021 via
videoconference.
32. Appearing and testifying on behalf of the applicant was Rigoberto Rangel. Mr. Rangel
testified that he was an agent authorized to speak on behalf of the property owner and
applicant. Mr. Rangel indicated that the Applicant agreed with all representations in the staff
report.
33. No member of the public appeared at the hearing.
34. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
35. 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
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.
1.1 City Council approved an update to the Comprehensive Plan this year. The Land Use
Element of the Plan now designates the site"Mixed Residential/Commercial."
1.2 The"Mixed Residential/Commercial"designation allows for R-4 zoning and may be
developed with apartments.
1.3 Residential density may range from 5 to 29 dwelling units per acre in the"Mixed
Residential/Commercial"Land Use designation.
1.4 The proposal also aligns with the following Comprehensive Plan Goals and Policies:
1.4.1 Land Use Policy LU-4-A: Encourage infill and higher density uses within
proximity to major travel corridors and public transportation service areas.
1.4.2 Land Use Policy LU-4-A: Encourage infill and higher density uses within
proximity to major travel corridors and public transportation service areas.
1.4.3 Housing Goal H-1: Encourage housing for all economic segments of the
city's population consistent with the local and regional market.
1.4.4 Housing Policy H-1-A: Allow for a full range of housing including single
family homes,townhouses, condominiums, apartments,manufactured
housing, accessory dwelling units, zero-lot-line,planned unit developments,
etc.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
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2.1 The Comprehensive Plan has recently been updated for the area and the Land Use
Element of the Plan now designates the site"Mixed Residential/Commercial."
2.2 The "Mixed Residential/Commercial" designation allows for R-4 zoning and may be
developed with townhouses and apartments.
2.3 The application for rezone is consistent with the Comprehensive Plan Land Use
Element and meets the intent of the Goals and Policies for the property. The proposal
will not be materially detrimental to the immediate vicinity.
3. There is merit and value in the proposal for the community as a whole.
3.1 The proposed rezone application is consistent with the Comprehensive Plan Land
Use Map and the Goals and Policies as adopted by the Pasco City Council
(Ordinance 4537)
3.2 The Comprehensive Plan has recently been updated for the area and now designates
the site "Mixed Residential/Commercial." The "Medium-Density Residential"
designation allows for R-4 zoning and may be developed with townhouses and
apartments.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
4.1 The rezone application and anticipated project are subject to the regulations and
requirements of the Pasco Municipal Code and the City of Pasco Design and
Construction Standards. The Design and Construction Standards require a Traffic
Study for proposals that generate 25 or more peak hour trips. The City (Lead
Agency) issued a Determination of Non-Significance (DNS) on 8 July, 2021. Upon
Project Application,mitigation will likely include the following:
4.1.1 An inadvertent discovery protocol must be established for the potential
discovery of cultural or historical artifacts before or during
improvements/construction.
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 A concomitant agreement would not be required in this circumstance.
6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
III. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL of the rezone of Lots 1 through 6 of Short Plat 2020-29 (Parcels
119740031, 119740032, 119740033, 119740034, 119740035, 119740036); and that portion of Blocks
6, 13 and 14, and of vacated Lena and River Streets adjoining, in Oakley's Riverfront Addition
(Parcel 112330120).), located near the southwest corner of South 20th Avenue and West"A" Street in
Pasco, WA be rezoned from R-3 (Medium-Density Residential) and I-1 (Light Industrial) to R-4
(High-density Residential).
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Dated this 16`x'day of August, 2021.
CITY OF P SC HEARING EXAMINER }
Andrew'—Y Kottkamp
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