HomeMy WebLinkAbout4554 Ordinance - Three Rivers Wright Rezone from C-1 to R-4 (Z 2021-011) - Not RecordedFILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North Yd Avenue
Pasco, WA 99301
ORDINANCE NO. 4554
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON
REZONING A PARCEL LOCATED ALONG THE EAST SIDE OF ROAD 92,
APPROXIMATELY 250 FEET NORTH OF SANDIFUR PARKWAY IN
FRANKLIN COUNTY, WASHINGTON, FROM C-1 TO R-4.
WHEREAS, the petitioner seeks to rezone a parcel located along the east side of Road 92,
approximately 250 feet north of Sandifur Parkway, in Pasco, Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of PMC 25.210.030 was received by the City and, after notice was issued under
PMC 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon
such petition on September 8, 2021; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) the rezone application and anticipated
development are subject to the regulations and requirements of the Pasco Municipal Code and the
City of Pasco Design and Constructions Standards; and (e) a concomitant agreement is not required
under these circumstances, the Hearing Examiner developed the above findings in accordance with
PMC 25.210.060 and has recommended to approve the rezone, which findings and
recommendation are hereby adopted by the City Council and the Hearing Examiner Report is
hereby incorporated by this reference as Exhibit B.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map,
accompanying and being part of said Ordinance shall be and hereby is changed from C-1 (Retail
Business District) to R-4 (High -Density Residential) for the real property as shown in Exhibit
A attached hereto and described as follows:
Ordinance — Rezone Z 2021-012 - 1
Lot 23, Cole's Estates, located in Section 8, Township 9 North, Range 29 East,
W.M. records of Franklin County, Washington (Parcel No. 115392077).
Section 2. This Ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, this 4th day of October,
2021.
Saul Martinez
Mayor
ATTEST:
Debra Barham, C C
City Clerk
Published
Ordinance — Rezone Z 2021-012 - 2
APPROVED AS TO FORM:
Ke rguson Law, PLLC
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EXHIBIT B
CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
CONCLUSIONS OF LAW,
AND DECISION
Z 2021-012 )
Three River Group )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
September 8, 2021, the Hearing Examiner having taken evidence hereby submits the following
Recommended Findings of Fact, Conclusions of Law, and Decision and Conditions of Approval as
follows:
2.
3
I. RECOMMENDED FINDINGS OF FACT
PROPERTY/APPLICATION DESCRIPTION:
1.1 L� Lot 23, Cole's Estates, located in Section 8, Township 9 North, Range 29
East, W.M. records of Franklin County, Washington (Parcel 115392077).
1.2 General Location: Generally located along the east side of Road 92, approximately
250 feet north of Sandifur Parkway, in Pasco, WA.
1.3 Property Size: 1.90 acres (83,191.59 square feet).
1.4 Applicant: Jason Wright/Three River Group, 1117 Country Ridge Dr., Richland WA
99352.
1.5 Request: Rezone Three River Group- C -I to R-4 (or R-3; R-2).
ACCESS: The parcel has access from Road 92.
UTILITIES: Water and Sewer service are in Road 92.
LAND USE AND ZONING: The site is undeveloped and zoned C-1 (Retail Commercial).
Surrounding properties are zoned and developed as follows:
NORTH: R-4, Vacant
EAST: C-1, Commercial; Vacant
SOUTH: C-1, Vacant
WEST: C-1,Vacant; Mini -Storage
COMPREHENSIVE PLAN: The Comprehensive Plan has recently been updated and
approved by City Council; the lot has been designated "Mixed Residential/Commercial" by
the Comprehensive Plan Land Use Map; the "Mixed Residential -Commercial" designation
allows for R-1 through R-4, C-1, "O" and Waterfront zoning designations, and Allow 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
Z 2021-012
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to 29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks,
service and office uses.
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 18 August 2021 for this project
under WAC 197-11-158.
REQUEST: Jason Wright, on behalf of Three River Group, has submitted an application to
rezone Parcel 115392077, located along the east side of Road 92, approximately 250 feet
north of Sandifur Parkway in Pasco, WA., from C-1 (Retail Business District) to R-4 (High -
Density Residential). Applicant has also offered the provision of rezoning the parcel to R-3 or
R-2 (both Medium -Density Residential). Applicant anticipates constructing approximately 15
townhouse units on the site.
SITE: The site has frontage access on Road 92 and contains 1.90 acres (83,191.59 square
feet).
8.1 The Comprehensive Plan designates the lot "Mixed Residential -Commercial."
8.2 The "Mixed Residential -Commercial' designation allows for R-4 zoning and may be
developed with townhouse units.
8.3 Residential density may range from 5 to 29 dwelling units per acre in the "Mixed
Residential -Commercial' designated area.
8.4 The rezone request and its intended use are consistent with both Comprehensive Plan
Land Use Map designations.
9. HISTORY: The site was annexed into the City in 1982 (Ordinance 2388) and assigned RT
(Residential Transition) zoning. The RT zoning functions as a "holding zone," Pending future
development and more precise assignment. In 2007 the site was rezoned from RT to C-1
(Retail Commercial; Ordinance 3833). The parcel adjacent to the east was developed in 2017
with a retail office building. The City has recently approved a major update to its
Comprehensive Plan. The revised Land Use Element of the approved Plan designated the lot
"Mixed Residential -Commercial."
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 to C-1 in 2017.
10.2 The changed conditions, which are alleged to warrant other or additional zoning:
10.2.1 The Parcel to the north has recently been rezoned to R-4 (High -Density
Residential).
10.2.2 City Council has recently approved an update to the Comprehensive Plan;
The Land Use Element of the Plan now designates the lot "Mixed
Residential -Commercial."
10.2.3 The "Mixed Residential -Commercial' designation allows for R-4 zoning and
may be developed with townhouse units.
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10.2.4 Residential density may range from 5 to 29 dwelling units per acre in the
"Mixed Residential -Commercial" designated area.
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.
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 may ultimately result in the development of
single-family dwellings, patio homes, townhouses, apartments, and/or
condominiums, all of 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:
10.5.1 If the property remains with the current C-1 zoning designation the site
would likely continue to remain vacant for a while, as residential demand is
currently outpacing retail commercial in the area.
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 lot "Mixed
Residential -Commercial."
10.6.2 The "Mixed Residential -Commercial' designation allows for R-4 zoning and
may be developed with townhouse units.
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 August 27, 2021.
12. Applicant wishes to rezone Parcel 115392077 from C-1 to R-4.
13. Applicant has also offered the provision of rezoning the parcel to R-3 or R-2 zoning.
14. Applicant anticipates constructing approximately 15 townhouse units on the site.
15. The site is located along the east side of Road 92, approximately 250 feet north of Sandifur
Parkway.
16. Applicant anticipates multi -family development on the site.
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17. The site has frontage access on Road 92.
18. The Site contains 1.90 acres.
19. The City has recently approved a major update to its Comprehensive Plan.
20. The Comprehensive Plan designates the lot "Mixed Residential -Commercial."
21. The "Mixed Residential -Commercial" designation allows for R-4 zoning; The "Mixed
Residential -Commercial" designation may be developed with townhouse units.
22. Residential density may range from 5 to 29 dwelling units per acre in the "Mixed Residential -
Commercial" designated area.
23. The rezone request and its intended use are consistent with both Comprehensive Plan Land
Use Map designations.
24. The site was annexed into the City in 1982.
25. The site was assigned RT zoning upon annexation.
26. The site was rezoned from RT to C-1 in 2007.
27. The parcel adjacent to the east was developed in 2017 with a retail office building.
28. An open record public hearing after due legal notice was held September 8, 2021 via Zoom
videoconference.
29. The Applicant did not appear at the hearing. The Applicant was given notice of the date,
time, and manner of the hearing.
30. No member of the public testified at the hearing.
31. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
32. The proposal is in accordance with the goals and policies of the Comprehensive Plan as
follows:
32.1 City Council has recently approved an update to the Comprehensive Plan; The Land
Use Element of the Plan now designates the lot "Mixed Residential -Commercial."
33.2 The "Mixed Residential -Commercial" designation allows for R-4 zoning and may be
developed with townhouse units.
34.3 Residential density may range from 5 to 29 dwelling units per acre in the "Mixed
Residential -Commercial" designated area.
33. The proposal also aligns with the following Comprehensive Plan Goals and Policies:
33.1 Land Use Policy LU -4-A: Encourage infill and higher density uses within proximity
to major travel corridors and public transportation service areas.
33.2 Land Use Policy LU -4-B: Encourage the development of walkable communities by
increasing mixed-use (commercial/residential) developments that provide households
with neighborhood and commercial shopping opportunities.
33.3 Housing Goal H-1: Encourage housing for all economic segments of the city's
population consistent with the local and regional market.
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33.4 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.
34. The effect of the proposal on the immediate vicinity will not be materially detrimental
because:
34.1 The Comprehensive Plan has recently been updated for the area and the Land Use
Element of the Plan now designates the lot "Mixed Residential -Commercial."
34.2 The "Mixed Residential -Commercial" designation allows for R-4 zoning and may be
developed with townhouse units.
34.3 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.
35. There is merit and value in the proposal for the community as a whole because:
35.1 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)
35.2 The Comprehensive Plan has recently been updated for the area and now designates
the lot "Mixed Residential -Commercial."
35.3 The "Mixed Residential -Commercial" designation allows for R-4 zoning and may be
developed with townhouse units.
36. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
36.1 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 18 August 2021.
37. A Concomitant Agreement should be entered into between the City and the petitioner, and if
so, the terms and conditions of such an agreement.
37.1 A concomitant agreement would not be required in this circumstanc
38. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
II. 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 Hearing Examiner has been granted the authority to render recommendation.
2. This rezone is consistent with the goals and policies of the Pasco Comprehensive Plan.
This rezone will satisfy all of the criteria set forth in the Pasco Municipal Code.
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4. 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 from C-1 (Retail Business District) to R-4 (High -
Density Residential).
Dated this 91h day of September, 2021.
PASCO HEARING EXAMINER
L.
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