HomeMy WebLinkAbout11-10-2021 Hearing Examiner Meeting Packet w4co
AGENDA
HEARING EXAMINER MEETING
City Hall-525 North Third Avenue
Council Chambers
WEDNESDAY,NOVEMBER 10,2021
6:00 PM
I. CALL TO ORDER
II. PUBLIC HEARINGS
A. Special Permit Sage `n' Sun Motel 34-Unit Single-Room Occupancy
(SRO) Conversion—(MF# SP 2021-017)
B. Special Permit Orozco Daycare in an RS-12 Zoning District(MF# SP
2021-018)
C. Zoning Determination Thanksgiving Partnership I-1 Zoning Recommendation
(MF#ZD 2021-002)
D. Zoning Determination Reimann Industrial Center I-2 Zoning Recommendation
(MF#ZD 2021-006)
E. Rezone Vinh Pham Quang/Tri-Cities Vietnamese Buddhist
Association R-2 to R-4 (MF#Z 2021-014)
I. ADJOURNMENT
This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.com/psctvlive.
Audio equipment available for the hearing impaired;contact staff for assistance.
CItyUJ REPORT TO HEARING EXAMINER
ryrisco PUBLIC HEARING
City Hall—525 North Third Avenue—Council Chambers
WEDNESDAY, 10 November 2020
6:00 PM
MASTER FILE#: SP 2021-017
APPLICANT: Kevin Simpson-Verger c/o Dae Kim/Hanlim Corporation
601 Union St Suite 4720
Seattle, WA 98101
REQUEST: SPECIAL PERMIT: Sage 'n' Sun Motel Conversion to 34 Long-
Term Single-Room Occupancy(SRO) Residential Units
BACKGROUND
1. PROPERTY DESCRIPTION:
Le&al: RIVERSIDE ADD LOTS 10 TO 17, BILK 25 &VAC ALLEY ADJ, EXC PTN TO CITY OF PASCO -
AND TOG WITH PTN LOT 8 OF 31-9-30 LY N OF N LN OF WASHINGTON ST PRODUCED ACR LOT
8& E OF 11TH ST PROD AS: BEG AT PT ON N LN WASH ST, 106.8' TO WILY FR W LN S 10TH;TH
WILY ALG N LN OF WASH ST, 163.2' TO E LN 11TH; TH NLY ALG S 11TH AVE, 44' TO N LN LOT
8; TH E ON N LN LOT 8 137.38'; TH SLY ALG E LN SD LOT 98.53' TO BEG, LESS VAC SLY MOST
ALLEY(Parcel 112311178).
General Location: 1232 South 10th Avenue, Pasco WA 99301.
Property Size: Approximately 1.00 acre (43,995.08 Square Feet).
2. ACCESS: The site has access from South 10th Avenue,West Washington Street,and South 111h
Avenue.
3. UTILITIES: Water and sewer services are located in both West Washington Street and South
11th Avenue
4. LAND USE AND ZONING: The site is currently zoned C-1 (Retail Business), and is occupied by
a motel; Surrounding properties are zoned and developed as follows:
NORTH: C-1 Commercial
EAST: C-1 Commercial
SOUTH: 1-1 Industrial Layout Yard
WEST: R-2 SFDUs
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for "Mixed
Residential/Commercial."
a. Goal LU-2: maintain established neighborhoods and ensure new neighborhoods are safe
and enjoyable places to live.
b. Goal H-1: encourage housing for all economic segments of the city's population.
i. Policy H-1-A: Medium- and high-density housing should be located near arterials
and neighborhood or community shopping facilities and employment areas.
ii. Policy H-1-13: Encourage the location of medium- and high-density housing in
locations that will avoid the need for access through lower density residential
neighborhoods.
1
iii. Policy H-1-C: Support dispersal of special needs housing throughout the
community.
iv. Policy H-1-D: Avoid large concentrations of high-density housing.
c. Goal H-2: strive to maintain a variety of housing consistent with the local and regional
market:
i. Policy H-2-A: Allow for a full range of residential environments including single-
family homes, townhouses, condominiums, apartments, and manufactured
housing; Policy
d. Goal H-4: ENCOURAGE HOUSING DESIGN AND CONSTRUCTION THAT ENSURES LONG
TERM SUSTAINABILITY AND VALUE.
i. H-4-A: Encourage innovative techniques in the design of residential
neighborhoods and mixed-use areas to provide character and variety in the
community;
e. Goal H H-5: SUPPORT EFFORTS TO PROVIDE AFFORDABLE HOUSING TO MEET THE NEEDS
OF LOW-AND MODERATE-INCOME HOUSEHOLDS IN THE COMMUNITY.
i. Policy H-5-A: Residential neighborhoods and mixed-use areas should exhibit a
consistent level of quality and appearance.
ii. Policy H-5-C: The City shall work with public and private sector developers to
ensure that lower income housing is developed on scattered sites and in such a
manner that it blends in with surrounding neighborhoods.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project.
Based on the SEPA checklist, the adopted City Comprehensive Plan, City development
regulations,and other information, a threshold determination resulting in a Determination of
Non-Significance (DNS) was issued for this project on 7 October 2021, under WAC 197-11-
158.
ANALYSIS
Proposal
Kevin Simpson-Verger, on behalf of Dae Kim/Hanlim Corporation, has submitted a Special Permit
application (SP 2021-017) for the conversion of a motel into up to 34 long-term Single-Room Occupancy
(SRO) units.
Site
The site of the proposed development is located at 1232 South 10th Avenue (Parcel 112311178), and is
part of Lots 10 to 17, Block 8, Riverside Addition; the site contains approximately 1.00 acre (43,995.08
Square Feet).
History
The site was annexed in 1921 as part of the Riverside Addition to Pasco (Ordinance 319) and in 1947 the
property was zoned C-1 (Ordinance 607).The site was later developed with the Sage 'n" Sun Motel, with,
two buildings in 1960 and a third building in 1977, according to Franklin County Assessor records.
2
The Pasco-Kennewick "Green" Bridge, built in 1922 directed cross-river traffic to South 10th Avenue and
was for many years a main access point to the original community center and consequently the applicant's
property was well suited for a motel. When the Pioneer Memorial "Blue" Bridge was built much of that
downtown traffic was diverted away from the downtown area via Highway 395. With the advent of the 1-
182 freeway the downtown lost most of its focus in the Tri-Cities area and since then most of the original
motels in the downtown core area have been either demolished or repurposed.
In addition to the decline in room rentals at the motel property management issues have also been a
concern. There have been at least 14 complaints and 18 code enforcement cases filed against the
property since 2004.
The site is occupied by three one-story structures comprising 11,500 square feet of motel space, built
between 1966 and 1977.The site has operated under the name of Val-U Inn Motel and Loyalty Inn.
Pasco Municipal Code
In 2019 the Pasco City Council approved Ordinance 4425 regarding the regulation of SROs;this ordinance
became Pasco Municipal Code Chapter 25.162.
PMC 25.162.020 defines an SRO as "a facility providing downsized dwelling units consisting of one to two
rooms with occupancy per dwelling unit dictated by HUD guidelines.SRO facilities provide individuals with
housing for a duration of 30 days or more. Kitchens/kitchenettes and/or bathrooms may be located in the
units or be located centrally for communal use."
According to PMC 25.162.030 SROs may be approved via conditional use permit in the C-1 (Retail
Business), C-2 (Central Business District), and C-3 (General Business District) zones of the City.
PMC 25.162.040 specifies development standards for all SROs, as follows:
(1) SRO facilities shall not be subject to density standards;
(2) SRO facilities shall follow the Department of Housing and Urban Development's (HUD) occupancy
guidelines for single-and double-occupancy units;
(3) Single-and double-occupancy units shall house no more than two adults over the age of 18;
(4) At least one off-street parking space per two units is required;
(5) SRO facilities shall include 24-hour on-site management. A dwelling unit shall be designated for the
manager;
(6) Bathroom and kitchen/kitchenette facilities must be provided either within each dwelling unit or in a
central location for common use with one full bathroom per every three units on a floor and one full
kitchen per floor;
(7) At least one handicapped accessible unit shall be required for every 20 units;
(8) One washer and dryer must be provided for every 20 units;
(9) Mailboxes shall be provided for each unit;
(10) Each SRO facility with 100 units or more shall have a minimum of 400 square feet of common indoor
and/or outdoor recreational space;
(a) For SRO facilities exceeding 150 units, an additional 10 square feet of recreational space per unit is
required;
(b) Landscaped areas less than eight feet in width shall not be considered recreational space;
3
(11) All common areas shall comply with all applicable ADA accessibility and adaptability requirements.
In zoning districts which allow SRO housing via conditional use permit, the regulations contained herein
shall be considered additional to those of the underlying zoning district. The provisions of this chapter
shall prevail in the event of conflicting standards presented in the underlying zoning district regulations.
SRO housing must meet all building and zoning standards as dictated by the PMC. [Ord.4425 § 1, 2019.]
According to both HUD and PMC 25.162.040 each unit"shall house no more than two adults over the age
of 18;" as such the 34-unit facility has the potential of housing 68 individuals full-time, as opposed to the
fewer periodic transient clients, as originally designed; according to PMC 25.185.170"Required off-street
parking," motels and hotels require only one space for each lodging room and one space for every two
employees,while all other residential units require two spaces per unit.This potential increase in full-time
occupancy may present a parking issue, as the current on-site parking for the facility contains no marked
spaces.The SRO ordinance requires at least one off-street parking space per two units-17 spaces,which
may be accommodated within the property.
As per PMC 3.45.040, "[e]ach development activity within the service area, as a condition of approval,
shall be subject to the school impact fee established pursuant to this chapter. . .. The school impact fee
shall be required prior to the issuance of building permits, unless deferred as provided below.The amount
of the school impact fee shall be based on the fee schedule in effect at the time of the building permit
application."
The standard school impact fee for multi-family units is $4,525 per unit. As per Pasco Municipal Code
(PMC) 3.45.060(1) "Permitted adjustments," The current school impact fee may be adjusted by the
Director of Community and Economic Development, if one of the following circumstances exists:
(a) The developer demonstrates that an impact fee assessment was improperly calculated; or
(b) Unusual circumstances demonstrated by the developer that adjustments to the school impact fee at
the time the fee is imposed are necessary to accommodate unusual circumstances in specific cases to
ensure that the impact fees are imposed fairly.
PMC 3.45.060(3) further states as follows, regarding the process for consultation:
In all cases where the developer requests an adjustment or exemption from fees, the
Director of Community and Economic Development shall consult with the District and the
District shall advise the Director of Community and Economic Development prior to the
Director making the final impact fee determination. The Director of Community and
Economic Development shall consider, in addition to the advice of the District, any
studies, data, calculations and reports provided by the developer as a part of its request
for a fee calculation adjustment prior to making the final impact fee determination.
INITIAL STAFF FINDINGS OF FACT
Findings of Fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. Additional findings may be added to this listing as the
result of factual testimony and evidence submitted during the open record hearing.
1. Public notice of this hearing was posted in the Tri-City Herald, and sent to property owners within 300
feet of the property on 15 October 2021.
2. Applicant wishes to convert a motel into 34 long-term Single-Room Occupancy(SRO) units.
3. The site is located at 1232 South 10th Avenue.
4
4. The site contains approximately 1.00 acre.
5. The site was annexed in 1921.
6. The site was zoned C-1 in 1947.
7. The site was developed with a motel in 1960 and 1977.
8. In 1960 Lewis Street was a main route through the community.
9. Most of the original motels along Lewis Street have been either demolished or repurposed.
10. There have been at least 14 complaints and 18 code enforcement cases filed against the property
since 2004.
11. The site is occupied by three one-story structures comprising 11,500 square feet of motel space.
12. In 2019 the Pasco City Council approved SRO Ordinance 4425 (PMC 25.162)
13. PMC 25.162.020 defines an SRO as follows:
a. "a facility providing downsized dwelling units consisting of one to two rooms with occupancy
per dwelling unit dictated by HUD guidelines. SRO facilities provide individuals with housing
for a duration of 30 days or more. Kitchens/kitchenettes and/or bathrooms may be located in
the units or be located centrally for communal use."
14. SROs must be approved via Special Permit review.
15. SROs may be located in C-1, C-2, and C-3 zones (PMC 25.162.030)
16. Development standards for all SROs are as follows (PMC 25.162.040):
1) SRO facilities shall not be subject to density standards;
2) SRO facilities shall follow the Department of Housing and Urban Development's (HUD)
occupancy guidelines for single-and double-occupancy units;
3) Single-and double-occupancy units shall house no more than two adults over the age of 18;
4) At least one off-street parking space per two units is required;
5) SRO facilities shall include 24-hour on-site management. A dwelling unit shall be designated
for the manager;
6) Bathroom and kitchen/kitchenette facilities must be provided either within each dwelling unit
or in a central location for common use with one full bathroom per every three units on a
floor and one full kitchen per floor;
7) At least one handicapped accessible unit shall be required for every 20 units;
8) One washer and dryer must be provided for every 20 units;
9) Mailboxes shall be provided for each unit;
10) Each SRO facility with 100 units or more shall have a minimum of 400 square feet of common
indoor and/or outdoor recreational space;
a) For SRO facilities exceeding 150 units,an additional 10 square feet of recreational
space per unit is required;
b) Landscaped areas less than eight feet in width shall not be considered
recreational space;
11) All common areas shall comply with all applicable ADA accessibility and adaptability
requirements.
12) In zoning districts which allow SRO housing via conditional use permit, the regulations
contained herein shall be considered additional to those of the underlying zoning district.The
provisions of this chapter shall prevail in the event of conflicting standards presented in the
underlying zoning district regulations. SRO housing must meet all building and zoning
standards as dictated by the PMC. [Ord. 4425 § 1, 2019.]
17. According to both HUD and PMC 25.162.040 each unit"shall house no more than two adults over the
age of 18;"
18. The 34-unit facility has the potential of housing 68 individuals full-time
5
19. According to PMC 25.185.170"Required off-street parking," motels and hotels require only one space
for each lodging room and one space for every two employees,
20. All other residential units require two spaces per unit.
21. The current on-site parking for the facility contains no paved and marked parking spaces spaces,
22. The SRO ordinance requires at least one off-street parking space per two units—Y4 that required by
other housing types
23. If parking becomes a problem the city may elect to revisit the Special Permit within a time period
stated in the Special Permit conditions.
24. As per PMC 3.45.040, "[e]ach development activity within the service area,as a condition of approval,
shall be subject to the school impact fee established pursuant to this chapter. . .. The school impact
fee shall be required prior to the issuance of building permits, unless deferred as provided below.The
amount of the school impact fee shall be based on the fee schedule in effect at the time of the building
permit application."
25. The standard school impact fee for multi-family units is$4,525 per unit.
26. As per Pasco Municipal Code(PMC)3.45.060(1)the current school impact fee may be adjusted by the
Director of Community and Economic Development, if one of the following circumstances exists:
a. The developer demonstrates that an impact fee assessment was improperly calculated; or
b. Unusual circumstances demonstrated by the developer that adjustments to the school impact
fee at the time the fee is imposed are necessary to accommodate unusual circumstances in
specific cases to ensure that the impact fees are imposed fairly.
27. PMC 3.45.060(3) further states "In all cases where the developer requests an adjustment or
exemption from fees, the Director of Community and Economic Development shall consult with the
District and the District shall advise the Director of Community and Economic Development prior to
the Director making the final impact fee determination. The Director of Community and Economic
Development shall consider, in addition to the advice of the District, any studies, data, calculations
and reports provided by the developer as a part of its request for a fee calculation adjustment prior
to making the final impact fee determination.
CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of the proposed plat the Hearing Examiner must develop
findings of fact from which to draw its conclusion (PMC 26.24.070) therefrom as to whether or not:
1. Will the proposed use be in accordance with the goals, policies, objectives and text of the
Comprehensive Plan?
a. Goal LU-2 suggests Pasco seek to "maintain established neighborhoods and ensure new
neighborhoods are safe and enjoyable places to live;" The proposal is located in a mixed
residential/commercial neighborhood.
b. Goal H-1 requires to seek to encourage housing for all economic segments of the city's
population; SROs would target a low-income demographic which might otherwise be on
the streets.
i. Policy H-1-A notes that "medium- and high-density housing should be located
near arterials and neighborhood or community shopping facilities and
employment areas." The site is adjacent South 10th Avenue, which is an arterial
street.
ii. Policy H-1-13 directs the City to "encourage the location of medium- and high-
density housing in locations that will avoid the need for access through lower
6
density residential neighborhoods." The site is adjacent South 10th Avenue,
which is an arterial street.
iii. Policy H-1-C suggests the City "support dispersal of special needs housing
throughout the community." No similar high-density housing is located or
currently contemplated nearby.
iv. Policy H-1-D advises the City to "avoid large concentrations of high-density
housing. No similar high-density housing is located or currently contemplated
nearby.
c. Goal H-2 encourages the City to "strive to maintain a variety of housing consistent with
the local and regional market." Large-scale hotel/SRO conversions are a fairly new variety
of housing in the city of Pasco.
i. Policy H-2-A requests the City "allow for a full range of residential environments
including single-family homes, townhouses, condominiums, apartments, and
manufactured housing." SRO's are located along the spectrum range of
residential environments listed above.
d. Goal H-4 instructs the City to "encourage housing design and construction that ensures
long term sustainability and value." Extending the life of an otherwise defunct hotel
probably qualifies as ensuring long-term sustainability and value.
i. Policy H-4-A directs the City to"encourage innovative techniques in the design of
residential neighborhoods and mixed-use areas to provide character and variety
in the community." SRO conversions are locally innovative and provide a unique
character to the area.
e. Goal H H-5 advises the City to "support efforts to provide affordable housing to meet the
needs of low- and moderate-income households in the community." The present
application would help provide affordable housing for small, 1-to 2-person households.
i. Policy H-S-A specifies that "residential neighborhoods and mixed-use areas
should exhibit a consistent level of quality and appearance." Except for long-term
parking of client vehicles, the external appearance of this development should
not change substantially.
ii. Policy H-S-C declares that "the city shall work with public and private sector
developers to ensure that lower income housing is developed on scattered sites
and in such a manner that it blends in with surrounding neighborhoods." Except
for long-term parking of client vehicles, the external appearance of this
development should not change substantially.
2. Will the proposed use adversely affect public infrastructure?
a. Conversion from transient housing to long-term housing will require the addition of
kitchen and potentially laundry facilities in each unit, increasing power demand from the
original design. Traffic generation may be lower than transient uses, given the target
demographic, but may be more consistent than an off-and-on seasonal transient use such
as a hotel/motel.
3. Will the proposed use be constructed, maintained, and operated to be in harmony with the
existing or intended character of the general vicinity?
7
a. The general vicinity is transient accommodations among a mix of residential and
commercial uses; use would be more consistent than an off-and-on seasonal transient
use such as a hotel/motel.
4. Will the location and height of proposed structures and the site design discourage the
development of permitted uses on property in the general vicinity or impair the value thereof?
a. Applicant is proposing to renovate interiors only; there would be no increase in height.
5. Will the operations in connection with the proposal be more objectionable to nearby
properties by reason of noise,fumes, vibrations, dust, traffic, or flashing lights than would be
the operation of any permitted uses within the district?
a. No uses are proposed for the project(either in the building or at outside areas)that would
be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust,
traffic or flashing lights than would be the operation of any permitted use within the land
use designation. People and vehicles visiting the proposed site are anticipated to be
similar to or less intense than other uses that would be permitted for this property. The
proposed operations for the project are to be conducted primarily within the building
with some outdoor open spaces.
6. Will the proposed use endanger the public health or safety if located and developed where
proposed, or in any way will become a nuisance to uses permitted in the district?
a. No uses are proposed for the project (either in the building or at outside areas)that
would endanger the public health or safety more than would be the operation of any
permitted use within the land use designation. The proposed use is anticipated to be
less intense than other uses that would be permitted for this property.
APPROVAL CONDITIONS
1. The Special Permit shall apply to tax Parcel 112311178 and any subsequent subdivisions thereof;
2. No outdoor storage of equipment or materials shall be allowed;
3. The Special Permit shall be null and void if all necessary building permits have not been obtained
within two years of Special Permit approval;
4. The Special Permit shall be null and void if the provisions of PMC 25.162 are not met.
5. The Special Permit shall be null and void if site is not constructed, maintained, and operated in
conformance with the above conditions.
RECOMMENDATION
Staff recommends approval of a Special Permit for the conversion of 34 transient motel rooms into Long-
term Single-Room Occupancy (SRO) Housing Units to be located at 1232 South 10th Avenue, Pasco WA
99301 (Parcel 112311178) with conditions as set forth herein.
8
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Community Development Department
co PO Box 293, 525 N 3rd Ave, Pasco,WA 99301
P: 509.545.3441/F: 509.545.3499
NOTICE OF PUBLIC HEARING
Si necesita ayuda para entender este aviso o necesita mas informacion, por favor Ilame al Departamento
de Desarrollo Comunitario y Economico de la Ciudad de Pasco a 509-545-3441.
Proposal: Kevin Simpson-Verger, in behalf of Kidder Mathews, has submitted a Special Permit application
(SP 2021-017) to convert 11,500 square feet of Motel space (the Sage and Sun) to a Single-Room
Occupancy (SRO) long-term residential use facility at 232 South 10th Ave (Parcel 112311178) in Pasco,
WA.The proposal is subject to regulations contained in the Pasco Municipal Code.
Public Comment Period: Written comments must be submitted to the Community Development
Department by 5:00 p.m. on 10 November2021. Only comments received by the referenced date will be
included in the public record. If you have questions on the proposal,contact the Planning Division at(509)
545-3441 or via e-mail to: adamsj@pasco-wa.gov.
Open Record Hearing:The Hearing Examiner will conduct an open record hearing for the Special Permit
application (SP 2021-017) at 6:00 p.m. on 10 November 2021 in the Council Chambers in Pasco City Hall
at 525 N 3rd Avenue in Pasco, Washington. The Hearing Examiner will consider public testimony
concerning the above application at this meeting.
If you wish to participate in the hearing virtually,please register at least 2 hours prior to the meeting
at the following registration link:
www.pasco-wa.gov/publiccomment
After registering,you will receive a confirmation email containing information about joining the
webinar.
Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the
Special Permit within ten (10) business days of the public hearing.
Prepared 15 Oct. 2021 by: Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco, WA 99301 (509) 545-
3441
. • " n' Sun Motel SRO Conversion
Applicant: • Kidder . I
Map File #: SP 2021-017 S
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Community Development Department
��� PO Box 293,525 N 31"Ave, Pasco,WA 99301
P:509.545.3441/F:509.545.3499
DETERMINATION OF NON-SIGNIFICANCE
(Optional DNS Process)
Issuance Date: 7 October 2021
Project Name: Sage 'n' Sun Motel SRO Facility Conversion
Project Number: SEPA 2021-077/SP 2021-017
Proponent: Hanlim Corporation
1232 S 101h Avenue
Pasco WA 99301
Applicant: Kevin Simpson-Verger c/o Kidder
601 Uninon St, Suite 4720
Seattle WA 98101
Description of Proposal: Convert 11,500 square feet of Motel space (the Sage 'n' Sun
Motel)to a Single-Room Occupancy (SRO)long-term residential use facility.
Location of Proposal: 1232 South 10th Ave (Parcel 112311178) in Pasco, WA.
Lead Agency: City of Pasco
The City of Pasco,acting as lead agency forthis proposal, has determined that it does not
have a probable significant adverse impact on the environment.An environmental impact
statement(EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after
review of a completed environmental checklist and other information on file with the lead
agency. This information is available to the public on request. This DNS is issued after
using the optional DNS process in WAC 197-11-355. There is no further comment period
on the DNS. Appeals mustye 'led within 10 days of this determination.
Responsible Official: { 11��
Rick White, Community & Economic Development Director
Address: PO Box 293, Pasco, WA 99301-0293
Phone: (509) 545-3441
Appeals: You may appeal this determination of non-significance by submitting an appeal
to the address below no later than 10 days from issuance. The appeal must be in written
form, contain a concise statement of the matter being appealed and the basic rationale
for the appeal. A fee is required per the City's Fee Resolution. Please note that failure to
file a timely and complete appeal shall constitute a waiver of all rightsto an administrative
appeal under City code. All comments or appeals are to be directed to the City of Pasco
Planning Department, PO Box 293, Pasco, WA, 99301, Attn: Rick White.
CIty0 REPORT TO HEARING EXAMINER
04ii" �
s�co PUBLIC HEARING
oil I I vCity Hall—525 North Third Avenue—Council Chambers
Wednesday 10 November 2021
6:00 PM
MASTER FILE#: SP 2021-018
APPLICANT: Esperanza Orozco
3804 West Octave Street
Pasco, WA 99301
REQUEST: SPECIAL PERMIT: Daycare Center in an RS-12 Zoning District
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: Lot 1, Short Plat 2001-10 (Franklin County Tax Parcel #119493246).
General Location: 3804 West Octave Street
Property Size: .28 acres (12,255.59 square feet)
2. ACCESS:The site has access from West Octave Street
3. UTILITIES:The site is served by both water and sewer services from West Octave Street.
4. LAND USE AND ZONING: The property is currently zoned RS-12 (Suburban) and is developed with a
single-family unit and a garage. Surrounding properties zoned as follows:
North RS-12 SFDUs
East RS-12 SFDUs
South RS-20 SFDUs
West RS-12 SFDUs
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is primarily intended for Low-
density Residential uses. The Plan does not specifically address daycare centers, but elements of the Plan
encourage the promotion of orderly development including the development of zoning standards for off-
street parking and other development. Plan goal OF-5 suggests provisions should be made for educational
facilities throughout the Urban Growth Area.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on
the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other
information,a threshold determination resulting in a Determination of Non-Significance (DNS)was issued for
this project on October 7, 2021, under WAC 197-11-158.
ANALYSIS
Proposal
Applicant wishes to operate a daycare facility to be located at 3804 West Octave Street. Applicant plans to
modify an existing 2,579 square-foot house to serve the daycare use.
1
Property Description
The site is located at 3804 West Octave Street, in a residential neighborhood. The site is developed with a
single-family unit. The site is approximately midway between West Court and West Sylvester Streets, and
contains 12,281 square feet.
History
The site was annexed into the City(Ordinance 2971) and assigned R-S-12 zoning (Ordinance 2974) in 1994.
Code Requirements
Daycare facilities are considered Community Service Facilities, level one, and as such, require Special Permit
review under the provisions of Pasco Municipal Code (PMC) 25.200.020(4) Unclassified uses. Community
service facilities of the level one category include day-care centers, nursery schools, hospitals, sanitariums,
nonprofit community health clinics,governmental and quasi-governmental activities,and related uses,which
provide similar services for citizens.
Educational facilities(schools)and daycares are typically located in or near residential neighborhoods. While
the proposed facility is not a public school, it will operate somewhat like a school.
Pasco Municipal Code requires lot and street frontage improvements, including curb, gutter, sidewalk,
landscaping, and utility installation in conjunction with any new construction.
The City of Pasco population has grown to 78,700 according to the revised 2020 Office of Financial
Management estimate. Population growth has created a demand for preschool and daycare facilities.
Pasco Municipal Code 25.185.170(3) requires one parking space for each employee and one space per 6
children (0.17 per child). The proposed facility would house up to 5 employees and 38 children, ranging in
age from 18 months to 5 years old. Based on these numbers, the total parking requirement would be 12
spaces (rounded up*), as follows:
Proposed Number Spaces Total
per Required
Employees 5 1 5
Students 38 0.17 7
Total 12*
*Rounded Up
According to the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th edition, daycare
centers (code 565) generate approximately 11.12 PM Peak Hour Trips per 1,000 sq. ft. With a 2,579 sq. ft.
building, per the Franklin County Assessor's Website, this would total approximately 28.69 PM Peak Hour
Trips.
The existing driveway approaches do not conform to City Standards, as per PMC design standard ST-5. The
added trips expected to the property due to the change of use may require frontage improvements be
completed in accordance with the Concurrency section of the Pasco Municipal Code.
A traffic impact analysis (TIA)will need to be completed and approved by the City before any permitting can
be issued.
The proposed parking on Road 38 (81.6' width) would exceed the maximum allowable driveway approach
width of 34-feet for residential properties (35-feet for commercial), and poses a safety concern for visibility
at the intersection.
The proposed parking would be located in the required front yard landscaping setback area.
2
The existing fence is nonconforming.Alterations or new fencing must meet requirements for fence setbacks,
in this case, setback to the building line of the adjacent dwelling.
Daycare facilities are required to meet WSP Fire Protection Bureau Fire and Life Safety Inspection
requirements; Office of State Fire Marshal (OSFM).An IFC Chapter 9, 907.6.4. 1-4 occupancy-compliant Fire
Alarm will be required.An IFC Section 903.2.6.1-compliant Fire Sprinkler System will be required.
A Knox brand security key box with 2 sets of keys for the entire building shall be required in accordance with
IFC Section 506.1.The key box shall be installed at a location approved by the fire Department.
Site must comply with Washington Administrative Code Daycare requirements.
INITIAL STAFF FINDINGS OF FACT
Findings of Fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The Hearing Examiner may add additional findings to
this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property and in the
Tri-City Herald on 19 October 2021.
2. Applicant wishes to operate a daycare facility at 3804 West Octave Street.
3. Applicant plans to modify an existing 2,579 square-foot house to serve the daycare use.
4. The site is located in a residential neighborhood.
5. The site is developed with a single-family unit.
6. The site is approximately midway between West Court and West Sylvester Streets.
7. The site contains 12,281 square feet.
8. The site was annexed into the City in 1994.
9. The site was assigned R-S-12 zoning at time of annexation in 1994.
10. Daycare facilities are considered Community Service Facilities, level one.
11. Community Service Facilities level one require Special Permit review under PMC 25.200.020(4).
12. Daycares are typically located in or near residential neighborhoods.
13. While the proposed facility is not a public school, it will operate somewhat like a school.
14. Pasco Municipal Code requires lot and street frontage improvements, including curb, gutter,
sidewalk, landscaping, and utility installation in conjunction with any new construction.
15. The City of Pasco population has grown to 78,700 according to the revised 2020 OFM estimate.
16. Pasco Municipal Code 25.185.170(3) requires one parking space for each employee
17. Pasco Municipal Code 25.185.170(3) requires one parking space per 6 children (0.17 per child).
18. The proposed facility would house up to 5 employees and 38 children
19. Children would range in age from 18 months to 5 years old.
20. Total parking requirement would be 12 spaces (rounded up*), as follows:
21. According to the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th edition,
daycare centers (code 565)generate approximately 11.12 PM Peak Hour Trips per 1,000 sq. ft.
22. A 2,579 sq. ft. daycare center would generate approximately 28.69 PM Peak Hour Trips.
23. The existing driveway approaches do not conform to City Standards.
24. The added trips expected to the property due to the change of use may require frontage
improvements as per the Concurrency section of the Pasco Municipal Code.
25. A City-approved traffic impact analysis (TIA) provided by Applicant will be required prior to issuance
of building permits.
26. The proposed parking on Road 38 (81.6' width) exceeds the maximum allowable driveway approach
width of 34-feet for residential properties (35-feet for commercial).
3
27. The proposed parking lot off of Road 38 poses a safety concern for visibility at the intersection.
28. The proposed parking is located in the required front yard landscaping setback area.
29. The existing fence is nonconforming. Alterations or new fencing must meet requirements for fence
setbacks, in this case, setback to the building line of the adjacent dwelling.
30. Daycare facilities are required to meet OSFM WSP Fire Protection Bureau Fire and Life Safety
Inspection requirements.
31. An IFC Chapter 9, 907.6.4. 1-4 occupancy-compliant Fire Alarm will be required.
32. An IFC Section 903.2.6.1-compliant Fire Sprinkler System will be required.
33. A Knox brand security key box with 2 sets of keys for the entire building shall be required.
34. Site must comply with Washington Administrative Code Daycare requirements.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of the proposed plat the Hearing Examiner must develop findings
of fact from which to draw its conclusion (PMC 25.200.080 and 25.200.100)therefrom as to whether or not:
1. Will the proposed use be in accordance with the goals, policies, objectives and text of the
Comprehensive Plan?
The Comprehensive Plan indicates the site is primarily intended for Low-density Residential uses. The Plan
does not specifically address daycare centers, but elements of the Plan encourage the promotion of orderly
development including the development of zoning standards for off-street parking and other development.
Comprehensive Plan goal OF-5 encourages educational facilities to be located throughout the Urban Growth
Area.
2. Will the proposed use adversely affect public infrastructure?
The proposed facility is located in a low-density residential area. The preschool and daycare use of the
property will increase water usage at the site slightly. The building is served by both City water and sewer
services.
3. Will the proposed use be constructed, maintained and operated to be in harmony with existing or
intended character of the general vicinity?
The proposed building modifications shall be required to comply with PMC residential building code standards.
Surrounding properties are already fully developed. The proposed use would be more intensive than the
current residential use. The proposed parking on Road 38 (81.6' width) exceeds the maximum allowable
driveway approach width of 34 feet for residential properties(35 feet for commercial). The proposed parking
is located in the required front yard landscaping setback area. The existing fence is nonconforming.Alterations
or new fencing must meet requirements for fence setbacks, in this case, setback to the building line of the
adjacent dwelling.
4. Will the location and height of proposed structures and the site design discourage the development
of permitted uses on property in the general vicinity or impair the value thereof?
Surrounding properties are fully developed with residential single-family units. The proposed daycare facility
modifications would be required to conform to the height and setback parameters specified for the R-S-12
zoning district and would be required to follow City building codes.
5. Will the operations in connection with the proposal be more objectionable to nearby properties by
reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any
permitted uses within the district?
The proposed use will create increased traffic and noise.
4
6. Will the proposed use endanger the public health or safety if located and developed where proposed,
or in any way will become a nuisance to uses permitted in the district?
Daycare uses typically do not endangered public health;children playing outside may create a minor nuisance.
However, the increased parking and traffic associated with a 38-student daycare facility may increase the risk
to public safety. The proposed parking lot off of Road 38 poses a safety concern for visibility at the intersection.
PROPOSED APPROVAL CONDITIONS
1) The special permit shall apply to Parcel #119493246;
2) Street Improvements will be required as per PMC 21.15.030.
3) A City-approved traffic impact analysis (TIA) shall be required prior to issuance of building
permits.
4) The edge of pavement on Road 38 and West Octave shall be repaved.
5) Fence alterations or new fencing shall meet requirements for fence setbacks to the building line
of the adjacent dwelling.
6) Daycare facility shall meet OSFM WSP Fire Protection Bureau Fire and Life Safety Inspection
requirements.
7) An IFC Chapter 9, 907.6.4. 1-4 occupancy-compliant Fire Alarm shall be installed.
8) An IFC Section 903.2.6.1-compliant Fire Sprinkler System shall be installed.
9) A Knox brand security key box with 2 sets of keys for the entire building shall be installed.
10) Site shall comply with Washington Administrative Code Daycare requirements.
11) Access/egress and off-street Parking shall be provided as per PMC 25.185.170.
12) The building and grounds of the daycare/preschool shall be maintained in a professional manner
at all times.
13) The special permit shall be null and void if a City of Pasco building permit is not within two
calendar years of City Special Permit approval.
14) The special permit shall be null and void if the above conditions are not met.
RECOMMENDATION
Staff does not believe the application adequately addresses parking and site improvement concerns; as such
Staff does not recommend approval of the 2,579 square-foot daycare facility to be located at 3804 West
Octave Street, (Franklin county Tax Parcel#119493246) in an R-S-12 zoning district as currently configured.
5
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ALL WORK SHALL COMFORM TO THE LATEST ADOPTED OF THE 2`T' 11 25 -24' 2,579 sq ft o N
APPLICABLE SECTION OF THE BUILDING CODES AND
REGULATIONS FOR THE CITY OF PASCO AREA IN WASHINGTON - 73' J CD
STATE AS:
2016 INTERNATIONAL RESIDENCE CODE(IRC);2018 WASHINGTON
STATE ENERGY CODE RESIDENTIAL PROVISIONS(WSREC); PROPOSEDFLOOR PLAN
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CODE(IMC),AND THE NATIONAL ELECTRICAL CODE(NEC). SCALE I =1/S' II X Il SHEET
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LOT SIZE: 108.0'X 115.0'=12,420 SF. G,
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Affidavit of Mailing
In regard to Notice of SP 2021-018
I, Maria Fernandez, hereby confirm that notification was sent by mail on October 19, 2021, to the
owners of the parcels within 300 feet of the proposed site.
The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was
sent and to whom received the notification.
Given under my hand and official signature this 19 day, October of 2021.
Represen ative's Signature
:. city0l
Community Development Department
' PO Box 293, 525 N 31d Ave, Pasco, WA 99301
vzfP: 509.545.3441/F:509.545.3499
NOTICE OF PUBLIC HEARING
Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor Ilame al Departamento
de Desarrollo Comunitario y Economico de la Ciudad de Pasco a 509-545-3441.
Proposal: Esperanza Orozco has submitted a Special Permit application (SP 2021-018) to locate a
preschool center use at 3804 West Octave Street. (Parcel 119493246) in Pasco, WA. The proposal is
subject to regulations contained in the Pasco Municipal Code.
Public Comment Period: Written comments must be submitted to the Community Development
Department by 5:00 p.m.on 10 November2021. Only comments received by the referenced date will be
included in the public record. If you have questions on the proposal,contact the Planning Division at(509)
545-3441 or via a-mail to: planning@pasco-wa.gov.
Open Record Hearing:The Hearing Examiner will conduct an open record hearing for the Special Permit
application(SP 2021-018)at 6:00 p.m. on 10 November2021 in the Council Chambers in Pasco City Hall
at 525 N 3`d Avenue in Pasco, Washington. The Hearing Examiner will consider public testimony
concerning the above application at this meeting.
If you wish to participate in the hearing virtually,please register at least 2 hours prior to the meeting
at the following registration link:
www.Pasco-wa.gov/publiccomment
After registering,you will receive a confirmation email containing information about joining the
webinar.
Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the
Special Permit within ten (10)business days of the public hearing.
Prepared 21 Sept. 2021 by:Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco, WA 99301 (509) 545-
3441
V1ClIIl� Item: Orozco Daycare Center N
Applicant: Esperanza Orozco w+E
Map File #: SP 2021-018 s
t
.°
W AUEST �_ 1N ,EAUE Sf
�� ', - - • ; !SITE
Vo
- T 4
f
-+ INS r
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- 4
35 70 140 210 28 �W�IHENR�Y ST
C] 4
Feet Fry o
Name Address City State ZIP CODE
GOLDEN SOLUTIONS,LLC 12121 EAST MISSION AVE STE C SPOKANE VALLEY WA 99206
ANITA TUCKER 1208 N ROAD 37 PASCO WA 99301
FAUSTO JIMENEZ CANALES 1204 N ROAD 37 PASCO WA 99301
JUDY A STOLPER 3717 W OCTAVE ST PASCO WA 99301
CHRISTOPHER D&MOLLY M SCHUHMACHER 1207 N ROAD 38 PASCO WA 99301
JOHN L&DEBORAH G (JR)MITCHELL 1205 N ROAD 38 PASCO WA 99301
THOMAS A STEWART 3720 W OCTAVE ST PASCO WA 99301
RENE'&PEGGY S VASQUEZ 3714 W OCTAVE ST PASCO WA 99301
JAVIER&NATALIE GUZMAN 3706 W OCTAVE ST PASCO WA 99301
JAMES A&PAULA J RIEGER 3705 W HENRY ST PASCO WA 99301
MAXIMO&DELFINA VALDEZ 3713 W HENRY ST PASCO WA 99301
VICTOR M&MARIA V PEREZ 3721 W HENRY ST PASCO WA 99301
ANA A TAPIA 3804 W MARIE ST PASCO WA 99301
ANTONIO ESPINOZA 3812 W MARIE ST PASCO WA 99301
DANIEL K&EDNA V BOWMAN 1125 S TRANQUILITY PR SE KENNEWICK WA 99338
DANIEL P TRAINER 3904 W MARIE ST PASCO WA 99301
DESIREE&AARON THRASHER 3905 W OCTAVE ST PASCO WA 99301
ROBERT LEE FROMM PO BOX 5541 PASCO WA 99302
PHILLIP&FRANCINE HESS 3813 W OCTAVE ST PASCO WA 99301
BRADLY DELEON LOPEZ 1204 N ROAD 38 PASCO WA 99301
WILLIAM&PATRICIA CHANEY 1108 N ROAD 38 PASCO WA 99301
BRYAN 0 STREDWICK 3821 W HENRY ST PASCO WA 99301
JERARDO&HELEN L CASTILLO 3901 W HENRY ST PASCO WA 99301
MARY A&JESUS V FLORES 3900 W HENRY ST PASCO WA 99301
JOE R&JOSEPHINE VELIZ 3820 W HENRY ST PASCO WA 99301
KORBIN KAVANAGH 3812 W HENRY ST PASCO WA 99301
MICHAEL&MELISSA COREY 3804 W HENRY ST PASCO WA 99301
FRANK L BOLSON 3720 W HENRY ST PASCO WA 99301
SUSAN D HATFIELD 3714 W HENRY ST PASCO WA 99301
MANUEL&MARIA SANCHEZ FUERTE 1201 ROAD 40 PASCO WA 99301
ROBERT&PATRICIA PERDUE P.O.BOX 5456 KENNEWICK WA 99336
SIMON&TONETTE MICHEL 3820 W OCTAVE ST PASCO WA 99301
RONALD&SHERRY LEDGERWOOD 3812 W OCTAVE ST PASCO WA 99301
ESPERANZA&AUDEL OROZCO 3804 W OCTAVE ST PASCO WA 99301
ALVARO TORRES 7760 N ROAD 36 PASCO WA 99301
Jeff Adams 7903 W 20th Ave KENNEWICK WA 99338
w4co Community Development Department
PO Box 293,525 N 3`d Ave, Pasco,WA 99301
,:509.545.3441/F:509.545.3499
DETERMINATION OF NON-SIGNIFICANCE
(Optional DNS Process)
Issuance Date: 7 October 2021
Project Name: Children Hope Daycare
Project Number: SEPA 2021-076/SP 2021-018
Proponent: Esperanza Orozco
3804 West Octave Street
Pasco WA 99301
Applicant: Esperanza Orozco
3804 West Octave Street
Pasco WA 99301
Description of Proposal: Child daycare facility.
Location of Proposal: 3804 West Octave Street. (Parcel 119493246) in Pasco, WA.
Lead Agency: City of Pasco
The City of Pasco, acting as lead agency for this proposal, has determined that it does not
have a probable significant adverse impact on the environment.An environmental impact
statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after
review of a completed environmental checklist and other information on file with the lead
agency. This information is available to the public on request. This DNS is issued after
using the optional DNS process in WAC 197-11-355. There is no further comment period
on the DNS. Appeals m e filed ithin 10 days of this determination.
Responsible Official: ,I It
Rick White, Community & Economic Development Director
Address: PO Box 293, Pasco, WA 99301-0293
Phone: (509) 545-3441
Appeals: You may appeal this determination of non-significance by submitting an appeal
to the address below no later than 10 days from issuance. The appeal must be in written
form, contain a concise statement of the matter being appealed and the basic rationale
for the appeal. A fee is required per the City's Fee Resolution. Please note that failure to
file a timely and complete appeal shall constitute a waiver of all rights to an administrative
appeal under City code. All comments or appeals are to be directed to the City of Pasco
Planning Department, PO Box 293, Pasco, WA, 99301,Attn: Rick White.
CItyOf REPORT TO HEARING EXAMINER
r4dsco
City Hall—525 North Third Avenue—Council Chambers
WEDNESDAY 10 November 2021
6:00 PM
MASTER FILE #: ZD 2021-002
APPLICANT: Robert Tippett c/o Thanksgiving Partnership LLC
PO Box 3027
Pasco WA 99302-3027
REQUEST: Zoning Determination: Development of a zoning
recommendation for the Thanksgiving Partnership LLC
Annexation located east of North Capitol Avenue
approximately 1,400 feet south of Foster Wells Road.
BACKGROUND
1. PROPERTY DESCRIPTION:
Le�a1:
The South % of the Northeast % of Section 8, Township 9 North, Range 30 East, W.M.,
together with rights-of-way, and access and utility easements as recorded in the Records
of Franklin County, State of Washington; comprising approximately 82.95 Acres.
(Franklin County Assessor's Parcel No. 113130415).
General Location: East of North Capitol Avenue approximately 1,400 feet south of Foster
Wells Road.
Property Size: 82.95 Acres
2. ACCESS: The site is accessed from North Capitol Avenue
3. UTILITIES: Water and sewer are available in North Capitol Avenue.
4. LAND USE AND ZONING: The site is zoned AP-20 (Ag Production 20 Acres) and is being
farmed with an irrigation pivot.
Surrounding properties are zoned and developed as follows:
NORTH: RR-5 (County) Farming; SFDUs
EAST: AP-20 (County) Farming; SFDUs
SOUTH: 1-1 Agriculture
WEST: 1-1 Industrial; Food Processing
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Industrial.
1
ANALYSIS
On October 18, 2021,the City Council approved a resolution accepting a notice of intent to annex
82.95 acres generally located east of North Capitol Avenue approximately 1,400 feet south of
Foster Wells Road.
Following acceptance of the Notice of Intent and prior to Council action on an annexation
petition, the Hearing Examiner is to hold a zoning determination hearing. The purpose of said
hearing is for the Hearing Examiner to recommend appropriate zoning districts for the proposed
annexation area in the event it may become part of the City.
In determining the most appropriate zoning for the annexation area,the Hearing Examiner needs
to consider the existing land uses, nearby development, zoning, policies of the Comprehensive
Plan and the Land Use Designations of the Land Use Map.The Hearing Examiner also needs to be
guided by the criteria in PMC 25.210.060 (as discussed below) in developing a zoning
recommendation.
The purpose of the annexation is to assist with the expansion of industrial businesses within the
area.
To maintain consistency with current zoning, land uses, utility planning and the Comprehensive
Plan industrial zoning should be applied to the proposed annexation area. The use of the 1-1 Light
Industrial zone for the area will allow for future expansion of industrial enterprises.
The initial review criteria for considering a rezone application are explained in PMC 25.210.030.
The criteria are listed below as follows:
(1) The date the existing zone became effective;
The current zoning was initiated by the County (No known date).
(2) The changed conditions which are alleged to warrant other or additional zoning;
• The property is located within the Pasco Urban Growth Boundary.
• The property in question is being annexed to the City of Pasco.
• Upon annexation the property will need to be zoned.
• Considerable utility planning and construction has taken place to support existing and
future industrial development within the proposed annexation area.
(3) Facts to justify the change on the basis of advancing the public health, safety and general
welfare;
The property is being annexed to the City and will need to be zoned. The justification for the
rezone is the fact that if a zoning designation is not determined the property could become
annexed without zoning. For the advancement of the general welfare of the community the
property needs to be zoned.
(4) The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan;
2
Applicant has requested 1-1 zoning for the area; rezoning the property to 1-1 will result in a more
intense zoning than the current County AP-20 (Ag Production 20 Acres), but would allow
industrial development in the neighborhood, in alignment with the Comprehensive Plan Land
Use designation for the area. The nature and value of adjoining properties may be impacted by
applying industrial zoning in the area.
(5) The effect on the property owner or owners if the request is not granted;
Without the annexation area being assigned a specific zoning district, the area will essentially be
un-zoned upon annexation. The area needs to be zoned to provide certainty and benefit to the
property owners and the adjoining property owners.
(6) The Comprehensive Plan land use designation for the property;
The Comprehensive Plan Land Use Designation for the property is Industrial.
(7) Such other information as the Hearing Examiner requires.
The site contains approximately 82.95 acres and is located east of North Capitol Avenue
approximately 1,400 feet south of Foster Wells Road. Surrounding contiguous properties to the
south and west were annexed in 1963 (Ordinance 1078)and 2021(Ordinance 4546), respectively.
The parcel is all located within the Urban Growth Area (UGA); the parcel in the proposed
annexation area is designated by the Comprehensive Plan map for industrial development.
The Description and Allocation Table of the Comprehensive Plan specifies that Industrial areas
allow for Manufacturing, food processing, storage and wholesale distribution of equipment and
products, hazardous material storage and transportation related facilities, and are appropriate
for 1-1, 1-2 and 1-3 zoning. Criteria for annexation in these areas may include the following:
• 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 proposed annexation area is within the City's service area as identified in the Comprehensive
Water and Sewer Plans.
Land annexed within the area typically adopts the current County zoning designation for that
parcel,which is AP-20 (Ag Production 20 Acres). However the Comprehensive Plan Land Use map
designates the area for industrial uses, due to adjacent industrial uses.
INITIAL STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from
the background and analysis section of the staff report.The Hearing Examiner may add additional
3
findings to this listing as the result of factual testimony and evidence submitted during the open
record hearing.
1. Public notice of this hearing was posted in the Tri-City Herald and sent to property
owners within 300 feet of the property on 18 October 2021.
2. The City Council approved a resolution accepting a notice of intent to annex on
October 18, 2021.
3. The site comprises 82.95 acres
4. The site is generally located east of North Capitol Avenue approximately 1,400 feet
south of Foster Wells Road.
5. The Hearing Examiner must consider
a. the existing land uses,
b. nearby development,
c. zoning, policies of the Comprehensive Plan
d. Land Use Designations of the Land Use Map.
6. The current zoning was initiated by the County (No known date).
7. The property is located within the Pasco Urban Growth Boundary.
8. The property is being annexed to the City of Pasco.
9. Upon annexation the property will need to be zoned.
10. Considerable utility planning and construction has taken place to support existing and
future industrial development within the proposed annexation area.
11. Applicant has requested 1-1 zoning for the area
12. Rezoning the property to 1-1 will result in a more intense zoning than the current
County AP-20 (Ag Production 20 Acres),
13. Rezoning the property to 1-1 would allow industrial development in the neighborhood,
14. Rezoning the propertyto 1-1 would be in alignment with the Comprehensive Plan Land
Use designation for the area.
15. The nature and value of adjoining properties may be impacted by applying industrial
zoning in the area.
16. Without the annexation area being assigned a specific zoning district, the area will be
un-zoned upon annexation.
17. The Comprehensive Plan Land Use Designation for the property is Industrial.
18. The site contains approximately 82.95 acres
19. Property to the south was annexed in 1963 (Ordinance 1078)
20. Property to the west was annexed in 2021 (Ordinance 4546).
21. The Description and Allocation Table of the Comprehensive Plan specifies that
Industrial areas allow for Manufacturing, food processing, storage and wholesale
distribution of equipment and products, hazardous material storage and
transportation related facilities
4
22. 21. The Description and Allocation Table of the Comprehensive Plan specifies that
Industrial areas are appropriate for 1-1, 1-2 and 1-3 zoning.
23. Criteria for annexation in these areas may include the following:
a. Port of Pasco properties
b. Land convenient to rail yards
c. Land convenient to industrial waste water treatment facility
d. Land convenient to the regional transportation system
e. Availability of necessary utilities to serve the use
f. Relatively level land suitable for heavy building sites
24. The proposed annexation area is within the City's service area as identified in the
Comprehensive Water and Sewer Plans.
25. Land annexed within the area typically adopts the current County zoning designation
for that parcel, which is AP-20 (Ag Production 20 Acres); however the Comprehensive
Plan Land Use map designates the area for industrial uses, due to adjacent industrial
uses.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone the Hearing Examiner must develop its
conclusions from the findings of fact based upon the criteria listed in PMC 25.210.060 and
determine whether or not:
1. The proposal is in accord with the goals and policies of the Comprehensive Plan.
Industrial and agricultural related activities have been encouraged to locate in the
northeast and eastern sections of the UGA. These areas already contain or are adjacent
necessary infrastructure to support industrial land uses. The City and the Port of Pasco
have spent many years developing utilities and streets to serve these industrial lands. King
City, including the Pasco Processing Center has been designated in City of Pasco
comprehensive plans as industrial areas for three decades and the continued designation
as such will preserve the areas for industrial needs for future generations.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
Zoning the proposed annexation area 1-1 will cause the site to be consistent with the
Comprehensive Plan.
3. There is merit and value in the proposal for the community as a whole.
There is merit and value in following the guidance of the Comprehensive Plan when
assigning zoning to properties within the community. The Plan has indicated this property
5
should be zoned Industrial. Assigning Industrial zoning could lead to additional
employment opportunities for Pasco residents.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from
the proposal.
The proposal is consistent with the Comprehensive Plan and no mitigation measures are
needed. Applicant shall be required to install improvements and infrastructure per City of
Pasco requirements.
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.
A concomitant agreement is not needed.
RECOMMENDATION
Staff recommends the City Council zone the Thanksgiving Partnership LLC Annexation Area to I-
1 as depicted on the proposed zoning map ("Exhibit A") attached to the 10 November 2021
Hearing Examiner report.
6
Item: Thanksgiving Partnership Annexation N
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Affidavit of Mailing
In regard to Notice of ZD 2021-002
I, Maria Fernandez, hereby confirm that notification was sent by mail on October 19, 2021, to the
owners of the parcels within 300 feet of the proposed site.
The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was
sent and to whom received the notification.
Given under my hand and official signature this 19 day, October of 2021.
Representative's Signature
city(
V
� Community Development Department
PO Bax 293, 525 N 3"Ave, Pasta,WA 99301
P:509.545.3441/F.509.545.3499
NOTICE OF PUBLIC HEARING
Si necesita ayuda para entender este aviso o necesita mas information, por favor Ilame al Departamento de Desarrollo Comunitario y
Economico de la Ciudad de Pasco a 509-545-3441.
PLEASE TAKE NOTICE that the Pasco Hearing Examiner will hold a public hearing to consider the establishment of zoning(Master File#
ZD 2021-002)for the unincorporated property identified below in the event such property is annexed to the City of Pasco. 1-1 (Light
Industrial)zoning is being considered.
General Location: East of North Capitol Avenue approximately 1,400 feet south of Foster Wells Road.
LEGAL DESCRIPTION: Real property in the County of Franklin,State of Washington,described as follows:
The South''/:of the Northeast X of Section 8,Township 9 North,Range 30 East,W.M.,together with right-of-way,and access and utility
easements as recorded in the Records of Franklin County,State of Washington: comprising approximately 82.95 Acres.
(Franklin County Assessor's Parcel No. 113130415).
THEREFORE, LET ALL CONCERNED TAKE NOTICE that a Public Hearing will be held by the Hearing Examiner of the City of Pasco,
Washington, in the City Council Chambers, Pasco City Hall, 525 N 3rd Ave at the hour of 6:00 p.m., Wednesday, 10 November 2021,
so that all concerned may appear and present any objections or support for the establishment of zoning classifications for the proposed
annexation area. If you have questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail to:
planning Pasco-wa.goy.
If you wish to participate virtually in the hearing, please register at least 2 hours prior to the meeting at the
following registration link.
www.pasco-wa.gov/publiccomment
After registering, you will receive a confirmation email containing information about joining the webinar.
Public Comment Period: Written comments submitted to the Community Development Department by 5:00 p.m. on 10 November
2021 will be included in the Hearing Examiner's meeting packet. You may also submit comments at the Hearing Examiner meeting
advertised above.
The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be
excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment
at this public meeting,please contact the Community Development Department at(509)545-3441 or TDD(509)585-4425 at least
ten days prior to the date of the meeting to make arrangements for special needs.
Prepared 10/18/21 by:Jeffrey B.Adams,Associate Planner, PO Box 293 Pasco,WA 99301 (509)545-3441.
Item: Thanksgiving Partnership Annexation N
"Exhibit A" Applicant: Thanksgiving Partnership LLC w E
File #: ANX 2021-002/ZD 2021-002 S
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NAME ADDRESS CITY STATE ZIP CODE
THANKSGIVING LTD PRTNRSHP PO BOX 3027 PASCO WA 99302
COX FAMILY LAND LLC 15539 61ST AVE NE KENMORE WA 98028
PORT OF PASCO PO BOX 769 PASCO WA 99301
RESER'S FINE FOODS,INC 15570 SW JENKINS RD BEAVERTON OR 97006
CONFEDERATED TRIBES OF THE COLVILLE RESERVATION PO BOX 150 NESPELEM WA 99155
Jeff Adams 7903 W 20th Ave KENNEWICK WA 99338
City 01, REPORT TO HEARING EXAMINER
y4dty Hall—525 North Third Avenue—Council Chambers
WEDNESDAY 10 November 2021
sco Ci
6:00 PM
MASTER FILE #: ZD 2021-006
APPLICANT: Randy Hayden c/o Port of Pasco
PO Box 769
Pasco WA 99301
REQUEST: Zoning Determination: Development of a zoning
recommendation for the Reimann Industrial Center
Annexation located between highway 395 and the BNSF
Main Line, approximately one-half mile north of Foster
Wells Road.
BACKGROUND
1. PROPERTY DESCRIPTION:
Leal:
Lot 1: Approximately the south half of parcel 124680039: THAT PORTION OF LOT 2,
SHORT PLAT NO. 2002-07, ACCORDING TO THE SURVEY THEREOF RECORDED MARCH 25,
2002 UNDER AUDITOR'S FILE NO. 1603399, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, LYING IN THE SOUTHWEST QUARTER OF SAID SECTION 31. CONTAINING
137.62 ACRES
Lot 2: PARCEL 113110017: LOTS 1,2 & S2NE4 6-9-30 LESS R/W & LO LESS PERP EASE FOR
GAS LINE (26 6600 LESS PTN NE4 PSH 11 (231006) & EXC N 30' OF LOT 4 LY ELY PSH 11.
CONTAINING 153.47 ACRES
Lot 3: PARCEL 124680040: SHORT PLAT 2002-07 LOT 3, CONTAINING 122.43 ACRES)
General Location: Between highway 395 and the BNSF Main Line, approximately one-half
mile north of Foster Wells Road in Pasco WA.
Property Size: 303.52 Acres
2. ACCESS: The site is accessed from Railroad Avenue to the west
3. UTILITIES: Both water and sewer services are located approximately 1 mile to the south
in Burlington Road. .
4. LAND USE AND ZONING: Two of the parcels are zoned 1-2 (Medium Industrial/County)
and are being farmed with irrigation pivots.
Surrounding properties are zoned and developed as follows:
NORTH: 1-2 (County) Farming
1
EAST: AP-20 (County) Farming
SOUTH: 1-2 (County) Gravel Pit; Vacant
WEST: AP-20 (County) HWY 395; Agriculture
5. COMPREHENSIVE PLAN:The Comprehensive Plan designates the site for Industrial.
ANALYSIS
The City Council is scheduled to review a resolution accepting a notice of intent to annex 303.52
acres generally located Between highway 395 and the BNSF Main Line, approximately one-half
mile north of Foster Wells Road.
Following acceptance of the Notice of Intent and prior to Council action on an annexation
petition, the Hearing Examiner is to hold a zoning determination hearing. The purpose of said
hearing is for the Hearing Examiner to recommend appropriate zoning districts for the proposed
annexation area in the event it may become part of the City.
In determining the most appropriate zoning for the annexation area,the Hearing Examiner needs
to consider the existing land uses, nearby development, zoning, policies of the Comprehensive
Plan and the Land Use Designations of the Land Use Map.The Hearing Examiner also needs to be
guided by the criteria in PMC 25.210.060 (as discussed below) in developing a zoning
recommendation.
The purpose of the annexation is to assist with the expansion of industrial businesses within the
area.
To maintain consistency with current zoning, land uses, utility planning and the Comprehensive
Plan industrial zoning should be applied to the proposed annexation area. The use of the 1-2
Medium Industrial zone for the area will allow for future expansion of industrial enterprises.
The initial review criteria for considering a rezone application are explained in PMC 25.210.030.
The criteria are listed below as follows:
(1) The date the existing zone became effective;
The current zoning was initiated by the County (No known date).
(2) The changed conditions which are alleged to warrant other or additional zoning;
• The property is located within the Pasco Urban Growth Boundary.
• The property in question is being annexed to the City of Pasco.
• Upon annexation the property will need to be zoned.
• Considerable utility planning and construction has taken place to support existing and
future industrial development within the proposed annexation area.
(3) Facts to justify the change on the basis of advancing the public health, safety and general
welfare;
2
The property is being annexed to the City and will need to be zoned. The justification for the
rezone is the fact that if a zoning designation is not determined the property could become
annexed without zoning. For the advancement of the general welfare of the community the
property needs to be zoned.
(4) The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan;
Applicant has requested 1-2 zoning for the area; applying the 1-2 zoning will result in the same
zoning as the current County 1-2, in alignment with the Comprehensive Plan Land Use designation
for the area. The nature and value of adjoining properties may be impacted by applying industrial
zoning in the area.
(5) The effect on the property owner or owners if the request is not granted;
Without the annexation area being assigned a specific zoning district, the area will essentially be
un-zoned upon annexation. The area needs to be zoned to provide certainty and benefit to the
property owners and the adjoining property owners.
(6) The Comprehensive Plan land use designation for the property;
The Comprehensive Plan Land Use Designation for the property is Industrial.
(7) Such other information as the Hearing Examiner requires.
The site contains approximately 303.52 acres and is located Between highway 395 and the BNSF
Main Line, approximately one-half mile north of Foster Wells Road. Contiguous properties to the
south were annexed in 1995 (Ordinance 3107).
The northernmost parcel will be subdivided at the Urban Growth boundary line; the other two
parcels are located fully within the Urban Growth Area (UGA); the parcels in the proposed
annexation area are designated by the Comprehensive Plan map for industrial development.
The Description and Allocation Table of the Comprehensive Plan specifies that Industrial areas
allow for Manufacturing, food processing, storage and wholesale distribution of equipment and
products, hazardous material storage and transportation related facilities, and are appropriate
for 1-1, 1-2 and 1-3 zoning. Criteria for annexation in these areas may include the following:
• Port of Pasco properties
• Land convenient to rail yards
• Land convenient to industrial wastewater 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
Land annexed within the area typically adopts the current County zoning designation for that
parcel, which is 1-2 (Medium Industrial). As well, the Comprehensive Plan Land Use map
designates the area for industrial uses.
3
INITIAL STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from
the background and analysis section of the staff report.The Hearing Examiner may add additional
findings to this listing as the result of factual testimony and evidence submitted during the open
record hearing.
1. Public notice of this hearing was posted in the Tri-City Herald and sent to property
owners within 300 feet of the property on October 19, 2021.
2. The City Council approved a resolution (Resolution 4109)to consider a notice of intent
to annex on November 1, 2021.
3. The site comprises 303.52 acres
4. The site is generally located Between highway 395 and the BNSF Main Line,
approximately one-half mile north of Foster Wells Road.
5. The Hearing Examiner must consider
a. the existing land uses,
b. nearby development,
c. zoning, policies of the Comprehensive Plan
d. Land Use Designations of the Land Use Map.
6. The current zoning was initiated by the County (No known date).
7. The property is located within the Pasco Urban Growth Boundary.
8. The property is being annexed to the City of Pasco.
9. Upon annexation the property will need to be zoned.
10. Applicant has requested 1-2 zoning for the area
11. Rezoning the property to 1-2 will not change the zoning from the current County 1-2.
12. Rezoning the property to 1-2 would allow industrial development in the neighborhood,
13. Rezoning the propertyto 1-2 would be in alignment with the Comprehensive Plan Land
Use designation for the area.
14. The nature and value of adjoining properties may be impacted by applying industrial
zoning in the area.
15. Without the annexation area being assigned a specific zoning district, the area will be
un-zoned upon annexation.
16. The Comprehensive Plan Land Use Designation for the property is Industrial.
17. Contiguous properties to the south were annexed in 1995 (Ordinance 3107).
18. The Description and Allocation Table of the Comprehensive Plan specifies that
Industrial areas allow for Manufacturing, food processing, storage and wholesale
distribution of equipment and products, hazardous material storage and
transportation related facilities
4
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone the Hearing Examiner must develop its
conclusions from the findings of fact based upon the criteria listed in PMC 25.210.060 and
determine whether or not:
1. The proposal is in accord with the goals and policies of the Comprehensive Plan.
Industrial and agricultural related activities have been encouraged to locate in the
northeast and eastern sections of the UGA. These areas already contain or are adjacent
necessary infrastructure to support industrial land uses. The City and the Port of Pasco
have spent many years developing utilities and streets to serve these industrial lands. The
Reimann Industrial Center has been designated in City of Pasco comprehensive plans as
industrial areas for decades and the continued designation as such will preserve the areas
for industrial needs for future generations.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
Zoning the proposed annexation area 1-2 will cause the site to be consistent with the
Comprehensive Plan.
3. There is merit and value in the proposal for the community as a whole.
There is merit and value in following the guidance of the Comprehensive Plan when
assigning zoning to properties within the community. The Plan has indicated this property
should be zoned Industrial. Assigning Industrial zoning could lead to additional
employment opportunities for Pasco residents.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from
the proposal.
The proposal is consistent with the Comprehensive Plan and no mitigation measures are
needed. Applicant shall be required to install improvements and infrastructure per City of
Pasco requirements.
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.
A concomitant agreement is not needed.
RECOMMENDATION
Staff recommends the City Council zone the Reimann Industrial Center Annexation Area to 1-2 as
depicted on the proposed zoning map ("Exhibit A") attached to the 10 November 2021 Hearing
Examiner report.
5
EXHIBIT A
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EXHIBIT A
LEGAL DESCRIPTION LOT 2A
LOCATED IN THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 10 NORTH,
RANGE 30 EAST OF THE WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 2, SHORT PLAT NO. 2002-07, ACCORDING TO THE SURVEY
THEREOF RECORDED MARCH 25, 2002 UNDER AUDITOR'S FILE NO. 1603399,
RECORDS OF FRANKLIN COUNTY, WASHINGTON, LYING IN THE NORTHWEST
QUARTER OF SAID SECTION 31.
CONTAINING 160.19 ACRES
LEGAL DESCRIPTION LOT 213
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 10 NORTH,
RANGE 30 EAST OF THE WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 2, SHORT PLAT NO. 2002-07, ACCORDING TO THE SURVEY
THEREOF RECORDED MARCH 25, 2002 UNDER AUDITOR'S FILE NO. 1603399,
RECORDS OF FRANKLIN COUNTY, WASHINGTON, LYING IN THE SOUTHWEST
QUARTER OF SAID SECTION 31.
CONTAINING 137.62 ACRES
LINE TABLE
LINE BEARING DISTANCE RECORD R1
L1 S21°12'15"W 252.38' 252.54
L2 S30°54'08"W 147.72' 148.01
L3 S39°48'24"W 183.44' 183.15'
L4 S49°03'31"W 175.29' 175.60'
�g D . A L5 S52°33'02"W 195.83' 195.14'
of was�l�cy� L7 S76 °40'56"W 225.80' 225.50'
FWD�ti� goy 9N L8 N41°37'35"E 149.75' 149.75'
O L9 S48°49'30"E 195.43' 195.43'
L10 S41°34'33"W 338.50' 338.50'4
�� L11 S10°59'26"E 154.74' 154.73'
4, 46318 L12 N88°29'59"E 347.61' 347.62'
0NAL LANA��4 L14 S10°54'14"E 298.17' 298.17'
L15 S42°11'49"W 259.16' 259.16'
6/29/2021 L16 S36°06'30"W 318.16' 318.16'
L17 S10°59'26"E 933.37' 933.37'
PBS Engineering DRAWN BY: ADM SCALE: N/A DATE: 06/29/2021
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pbsusa.com CHECKED BY: ADM PROJECT NO.: 66184.000 SHEET 2 OF 2
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Affidavit of Mailing
In regard to Notice of ZD 2021-006
I, Maria Fernandez, hereby confirm that notification was sent by mail on October 19, 2021, to the
owners of the parcels within 300 feet of the proposed site.
The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was
sent and to whom received the notification.
Given under my hand and official signature this 19 day, October of 2021.
Representative's Signature
w4Cid°f
co
Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco,WA 99301
P: 509.545.3441/F: 509.545.3499
NOTICE OF PUBLIC HEARING
Si necesita ayuda para entender este aviso o necesita mas informacion,por favor Ilame al Departamento de Desarrollo Comunitario y
Economico de la Ciudad de Pasco a 509-545-3441.
PLEASE TAKE NOTICE that the Pasco Hearing Examiner will hold a public hearing to consider the establishment of zoning(Master File#
ZD 2021-006)for the unincorporated property identified below in the event such property is annexed to the City of Pasco.1-2(Medium
Industrial)zoning is being considered.
General Location: Lying between highway 395 and the BNSF Main Line,approximately one-half mile north of Foster Wells Road in the
Southwest Quarter of Section 31, Township 30 North, Range 30 East, and in the Northeast Quarter of Section 6 Township 9 North
Range 30 East,W.M., Pasco,Washington
LEGAL DESCRIPTION: Real property in the County of Franklin,State of Washington,described as follows:
Lot 1: Approximately the south half of parcel 124680039:THAT PORTION OF LOT 2,SHORT PLAT NO. 2002-07,ACCORDING TO THE
SURVEY THEREOF RECORDED MARCH 25, 2002 UNDER AUDITOR'S FILE NO. 1603399, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, LYING IN THE SOUTHWEST QUARTER OF SAID SECTION 31. CONTAINING 137.62 ACRES
Lot 2: PARCEL 113110017: LOTS 1,2&S2NE4 6-9-30 LESS R/W& LO LESS PERP EASE FOR GAS LINE(26 6600 LESS PTN NE4 PSH 11
(231006)& EXC N 30'OF LOT 4 LY ELY PSH 11. CONTAINING 153.47 ACRES
Lot 3: PARCEL 124680040:SHORT PLAT 2002-07 LOT 3,CONTAINING 122.43 ACRES)
THEREFORE, LET ALL CONCERNED TAKE NOTICE that a Public Hearing will be held by the Hearing Examiner of the City of Pasco,
Washington, in the City Council Chambers, Pasco City Hall, 525 N 3rd Ave at the hour of 6:00 p.m., Wednesday, 10 November 2021,
so that all concerned may appear and present any objections or support for the establishment of zoning classifications for the proposed
annexation area. If you have questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail to:
planning0pasco-wa—ov.
if you wish to participate virtually in the hearing, please register at least 2 hours prior to the meeting at the
following registration link:
www.pasco-wa.gov/publiccomment
After registering, you will receive a confirmation email containing information about joining the webinar.
Public Comment Period: Written comments submitted to the Community Development Department by 5:00 p.m. on June 9, 2021
will be included in the Hearing Examiner's meeting packet.You may also submit comments at the Hearing Examiner meeting advertised
above. Prepared 10/08/21 by:Jeffrey B.Adams,Associate Planner, PO Box 293 Pasco,WA 99301(509)545-3441.
The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be
excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment
at this public meeting,please contact the Community Development Department at(509)545-3441 or TDD(509)585-4425 at least
ten days prior to the date of the meeting to make arrangements for special needs.
Item: Reimann Industrial Center AnnexationN
"Exhibit B" Applicant: Port of Pasco w E
File #: ANX 2021-006/ZD 2021-006 s
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NAME ADDRESS CITY STATE ZIP CODE
GRANITE NORTHWEST INC PO BOX 50085 WATSONVILLE CA 95077
USA GOVERNMENT LAND 98104
ARTURO&PATRICIA G MARTINEZ 20027 ROAD 2 SE WARDEN WA 98857
COX FAMILY LAND LLC 15539 61ST AVE NE KENMORE WA 98028
BALCOM&MOE INC 5806 N INDUSTRIAL WAY,STE A PASCO WA 99301
KATONNIE LEASING,LLC PO BOX 4707 PASCO WA 99302
PORT OF PASCO 1110 OSPREY POINTE BLVD STE 201 PASCO WA 99301
FRANK TIEGS LLC 4200 RIVERHAVEN ST PASCO WA 99301
BLASDEL FAMILY LLC 513 E FOSTER WELLS RD PASCO WA 99301
PUD N1(FRANKLIN COUNTY) PO BOX 2407 PASCO WA 99302
BALCOM&MOE FARMS LLC 5806 N INDUSTRIAL WAY PASCO WA 99301
Jeff Adams 7903 W 20th Ave KENNEWICK WA 99338
Pasco PUBLIC HEARING
City Hall — 525 North Third Avenue—Council Chambers
DATE: WEDNESDAY, 10 November 2021
6:00 PM
MASTER FILE #: Z 2021-014
APPLICANT: Vinh Pham Quang
5328 W. Sylvester St.
Pasco, WA 99301
REQUEST: REZONE: Tri-Cities Vietnamese Buddhist Association R-2
to R-4
BACKGROUND
1. PROPERTY DESCRIPTION:
L� The west 130 ft. of the south Y2 of the southeast % of the northwest % of the
northeast%of Section 25, Township 9 North, Range 29 East W.M. Pasco, Franklin County,
Washington, except roads (Parcel 119341123).
General Location: 1105 N. 26th Avenue, Pasco, WA.
Property Size: 1.3 acres (56,402.45 square feet).
2. ACCESS: The parcel has access from 26th Avenue.
3. UTILITIES: Municipal water service is located in Henry Street and Octave Street and sewer
is available at the corner of Henry and 26th.
4. LAND USE AND ZONING: The property is currently zoned R-2 (Medium Density
Residential). Surrounding property are also zoned R-2. The site contains a Tri-Cities
Vietnamese Buddhist Association church. There is an existing church property to the
southwest across 26th Ave. Surrounding Land uses are as follows:
North R-3 Stevens Middle School Sports field
East R-2 Four-plex apartments
South R-2 SFDUs
West R-2 Single- & multi-family dwellings
5. Comprehensive Plan: The Comprehensive Plan Land Use Map designates the area
"Medium-Density Residential;" the "Medium-Density Residential" designation allows
for Single-family dwellings, patio homes, townhouses, apartments, and
condominiums at a density of 6 to 20 dwelling units per acre. Allowable zoning for the
"Medium-Density Residential" land use designation includes the R-2 through R-4 and
RP zones.
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
1
Determination of Non-Significance (DNS) was issued on 15 October 2021 for this project
under WAC 197-11-158.
ANALYSIS
Request
Vinh Pham Quang, has submitted an application to rezone Parcel#119341123, located along 26th
Avenue between West Henry and West Octave Streets, in Pasco,WA.,from R-2 (Medium-Density
Residential)to R-4 (High-Density Residential). Applicant anticipates subdividing the lot into three
residential building lots and developing 4-plex structures on the south two lots.
Site
The site comprises 1.3 acres (56,402.45 square feet), and has frontage access on 26th Avenue
which ultimately connects to West Court Street to the north and West Sylvester Street to the
south
The Comprehensive Plan designates the lot"Medium-Density Residential."The"Medium-Density
Residential" designation allows for R-4 zoning and may be developed with townhouses and
apartments.
Residential density may range from 6 to 20 dwelling units per acre in the "Medium-Density
Residential" designated area.
The rezone request is consistent with the Comprehensive Plan Land Use Map designation.
History
The site was annexed into the City and assigned R-2 (Medium-Density Residential) zoning in 1977
(Ordinance #1833). The site has not been rezoned since.
The 4280-square-foot church was constructed in the County in 1940 prior to annexation to the
City; a 308-square-foot detached garage and a 96-square-foot storage shed were added in 2013.
Four-plex apartments were also developed adjacent to the east in 1974, also in the County prior
to annexation.
The City has recently approved a major update to its Comprehensive Plan. The revised Land Use
Element of the approved Plan designated the lot "Medium-Density Residential."
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:
1. The date the existing zone became effective:
2
The site was assigned R-2 (Medium-Density Residential)zoning in 1977 as part of the annexation
(Ordinance#1833). Zoning for the site has not changed since then.
2. The changed conditions, which are alleged to warrant other or additional zoning:
City Council has recently approved an update to the Comprehensive Plan; The Land Use Element
of the Plan now designates the lot "Medium-Density Residential." The "Medium-Density
Residential" designation allows for R-4 zoning and may be developed with townhouses and
apartments. Residential density may range from 6 to 20 dwelling units per acre in the "Medium-
Density Residential"designated area.
3. Facts to justify the change on the basis of advancing the public health, safety and general
welfare:
Properties located to the east were developed as four-plex units under Franklin County code,prior
to annexation.
The rezone application is 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 6 to 20 dwelling units per
acre.
4. The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
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.
The rezone application is consistent with and meets the intent of the newly revised and approved
goals and policies of the Comprehensive Plan.
5. The effect on the property owner or owners if the request is not granted:
If the property remains with the current R-2 zoning designation the site would likely continue as
it is, with a large expanse of undeveloped lawn area occupying approximately the south half of
the site.
6. The Comprehensive Plan land use designation for the property
The City Council has recently approved an update to the Comprehensive Plan; The Land Use
Element of the Plan now designates the lot "Medium-Density Residential."The "Medium-
Density Residential"designation allows for R-4 zoning and may be developed with townhouses
and apartments.
7. Such other information as the Hearing Examiner requires
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.
3
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from
the background and analysis section of the staff report.The Hearing Examiner may add additional
findings to this listing as the result of factual testimony and evidence submitted during the open
record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property
and posted in the Tri-City Herald on 15 October 2021.
2. Applicant wishes to rezone Parcel #119341123, from R-2 (Medium-Density Residential)
to R-4 (High-Density Residential).
3. The site is located along 26th Avenue between West Henry and West Octave Streets.
4. Applicant anticipates subdividing the lot into three residential building lots
5. Applicant anticipates developing 4-plex structures on the south two lots.
6. The site comprises 1.3 acres
7. The site has frontage access on 26th Avenue
8. 26th Avenue connects to West Court Street and West Sylvester Street.
9. The Comprehensive Plan designates the lot "Medium-Density Residential."
10. The "Medium-Density Residential" designation allows for R-4 zoning
11. The "Medium-Density Residential" designation may be developed with townhouses and
apartments.
12. Residential density may range from 6 to 20 dwelling units per acre in the "Medium-
Density Residential" designated area.
13. The rezone request is consistent with the Comprehensive Plan Land Use Map
designation.
14. The site was annexed into the City in 1977.
15. The site was assigned R-2 (Medium-Density Residential) zoning in 1977.
16. The site has not been rezoned since annexation in 1977.
17. The site contains a 4,280-square-foot church.
18. The church was constructed in the County in 1940 prior to annexation to the City.
19. A 308-square-foot detached garage and a 96-square-foot storage shed were added in
2013.
20. Four-plex apartments were developed adjacent to the east in 1974 in the County prior
to annexation.
21. The City has recently approved a major update to its Comprehensive Plan.
22. The revised Land Use Element of the approved Plan designated the lot "Medium-Density
Residential."
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
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.
4
City Council has recently approved an update to the Comprehensive Plan; The Land Use Element
of the Plan now designates the lot "Medium-Density Residential."
The "Medium-Density Residential" designation allows for R-4 zoning and may be developed with
townhouses and apartments.
Residential density may range from 6 to 20 dwelling units per acre in the "Medium-Density
Residential" designated area.
The proposal also aligns with the following Comprehensive Plan Goals and Policies:
Housing Goal H-1: Encourage housing for all economic segments of the city's population
consistent with the local and regional market.
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.
The Comprehensive Plan has recently been updated for the area and the Land Use Element of
the Plan now designates the lot "Medium-Density Residential."
The "Medium-Density Residential" designation allows for R-4 zoning and may be developed with
townhouses and apartments.
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.
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)
The Comprehensive Plan has recently been updated for the area and now designates the lot
"Medium-Density Residential."
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.
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 15
October 2021.
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.
A concomitant agreement would not be required in this circumstance.
5
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions that the west 130 ft. of the
south % of the southeast % of the northwest % of the northeast % of Section 25, Township 9
North, Range 29 East W.M. Pasco, Franklin County, Washington, except roads (Parcel
119341123), located at 1105 N. 26th Avenue, Pasco, WA, be rezoned from R-2 (Medium-Density
Residential) to R-4 (High-Density Residential).
6
Overview Item: Rezone: Tri-Cities Vietnamese Buddhist . i
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SCO Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco,WA 99301
P: 509.545.3441/F: 509.545.3499
DETERMINATION OF NON-SIGNIFICANCE
(Optional DNS Process)
Issuance Date: 15 October 2021
Project Name: Vinh Pham Quang Rezone R-2 to R-4
Project Number: SEPA 2021-079/Z 2021-014
Proponent: Vinh Pham Quang c/o Tri-Cities Vietnamese Buddhist Association
5328 W. Sylvester Street
Pasco, WA 99301
Applicant: Vinh Pham Quang c/o Tri-Cities Vietnamese Buddhist Association
5328 W. Sylvester Street
Pasco, WA 99301
Description of Proposal: Rezone a parcel from R-2 (Medium-Density Residential) to R-4
(High-Density Residential) zoning in anticipation of subdividing the lot into three parcels
and development of two (2 ea.) 8-plex apartment structures.
Location of Proposal: 1105 N. 26th Avenue, in Pasco, WA (Parcel 119341123)
Lead Agency: City of Pasco
The City of Pasco, acting as lead agency for this proposal, has determined that it does not
have a probable significant adverse impact on the environment. An environmental impact
statement (EIS) is not required under RCW 43.21C.030(2)(c).This decision was made after
review of a completed environmental checklist and other information on file with the lead
agency. This information is available to the public on request. This DNS is issued after
using the optional DNS process in WAC 197-11-355. There is no further comment period
on the DNS. Appeals must be filed within 10 days of this determination.
Responsible Official:
Rick White, Community & Economic Development Director
Address: PO Box 293, Pasco, WA 99301-0293
Phone: (509) 545-3441
Appeals: You may appeal this determination of non-significance by submitting an appeal
to the address below no later than 10 days from issuance. The appeal must be in written
form, contain a concise statement of the matter being appealed and the basic rationale
for the appeal. A fee is required per the City's Fee Resolution. Please note that failure to
file a timely and complete appeal shall constitute a waiver of all rights to an administrative
appeal under City code. All comments or appeals are to be directed to the City of Pasco
Planning Department, PO Box 293, Pasco, WA, 99301, Attn: Rick White.
Crty°f
Community Development Department
co PO Box 293, 525 N 3 d Ave, Pasco,WA 99301
P: 509.545.3441/F: 509.545.3499
NOTICE OF PUBLIC HEARING
Si necesita ayuda para entender este aviso o necesita mas informacion, por favor Ilame al Departamento
de Desarrollo Comunitario y Economico de la Ciudad de Pasco a 509-545-3441.
Proposal: Vinh Pham Quang, on behalf of the Tri-Cities Vietnamese Buddhist Association, has submitted
a Rezone application(Z2021-014)to rezone a parcel located at 1105 N.26th Avenue, in Pasco,WA(Parcel
119341123) from R-2 (Medium-Density Residential) to R-4 (High-Density Residential) zoning in
anticipation of subdividing the lot into three parcels and development of two (2 ea.) 8-plex apartment
structures.The proposal is subject to regulations contained in the Pasco Municipal Code.
Public Comment Period: Written comments must be submitted to the Community Development
Department by 5:00 p.m. on 10 November 2021. Only comments received by the referenced date will be
included in the public record. If you have questions on the proposal,contact the Planning Division at(509)
545-3441 or via e-mail to: adamsj@pasco-wa.gov.
Open Record Hearing: The Hearing Examiner will conduct an open record hearing for the Rezone
application (Z2021-014)at 6:00 p.m. on 10November2021 in the Council Chambers in Pasco City Hall at
525 N 3 d Avenue in Pasco, Washington. The Hearing Examiner will consider public testimony concerning
the above application at this meeting.
If you wish to participate in the hearing virtually,please register at least 2 hours prior to the meeting at the
following registration link:
www.pasco-wa.gov/publiccomment
After registering,you will receive a confirmation email containing information about joining the webinar.
Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the Special
Permit within ten (10)business days of the close of the public hearing.
Prepared 15 October 2021 by: Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco, WA 99301 (509)
545-3441
Jeff Adams
From: Paul Christensen <pdchristensen@charter.net>
Sent: Friday, October 29, 2021 4:26 PM
To: Jeff Adams
Cc: 'Vinh Pham'
Subject: Reference Z 2021-014
You don't often get email from pdchristensen@charter.net. Learn why this is important
[NOTICE: This message originated outside of City of Pasco-- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.]
Hi Jeff
There is confusion to the application for the rezone of the Vietnamese Temple property requested by Vinh Pham. We are
wanting to build two four-plex units for a total of 8 residences,not two 8-plex units.
Please make this correction prior to going to the hearing examiner.
I am making this request on behalf of Vinh Pham,the applicant. I am working for him as his consultant.
Thank you
Paul Christensen
Oasis Development Corp.
509-460-1202