HomeMy WebLinkAboutHE Recommendation ZD 2021-006 Port of Pasco Reimann Industrtial Center CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
ZD 2021-006 ) CONCLUSIONS OF LAW,
Randy Hayden c/o Port of Pasco ) AND RECOMMENDATION
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
November 10, 2021, the Hearing Examiner having taken evidence hereby submits the following
Recommended Findings of Fact, Recommended Conclusions of Law, and Recommendation as
follows:
I. RECOMMENDED FINDINGS OF FACT
1. PROPERTY/APPLICATION DESCRIPTION:
1.1 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).
1.2 General Location: Between highway 395 and the BNSF Main Line, approximately
one-half mile north of Foster Wells Road in Pasco WA.
1.3 Property Size: 303.52 Acres.
1.4 Applicant: Randy Hayden c/o Port of Pasco, PO Box 769, Pasco, WA 99301.
1.5 Zoniniz 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.
2. ACCESS: The site is accessed from Railroad Avenue to the west.
3. UTILITIES: Both water and sewer services are located approximately I mile to the south in
Burlington Road.
4. LAND USE AND ZONING: Two of the parcels are zoned I-2(Medium Industrial/County)
and are being farmed with irrigation pivots;the one parcel to the south is zoned AP-20(Ag
Production 20 Acres). Surrounding properties are zoned and developed as follows:
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North: 1-2 (County) Farming
East: AP-20 (County) Farming
South: I-2 (County) Gravel Pit; Vacant
West: AP-20 (County)HWY 395 Agriculture
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Industrial.
6. 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.
7. 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.
8. 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.
9. The purpose of the annexation is to assist with the expansion of industrial businesses within
the area.
10. 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 I-2 Medium Industrial zone for the area will allow for future expansion of
industrial enterprises.
11. The initial review criteria for considering a rezone application are explained in PMC
25.210.030. The criteria are listed below as follows:
11.1 The date the existing zone became effective: The current zoning was initiated by the
County(No known date).
11.2 The changed conditions which are alleged to warrant other or additional zoning:
11.2.1 The property is located within the Pasco Urban Growth Boundary.
11.2.2 The property in question is being annexed to the City of Pasco.
11.2.3 Upon annexation the property will need to be zoned.
11.2.4 Considerable utility planning and construction has taken place to support
existing and future industrial development within the proposed annexation
area.
11.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
11.3.1 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.
11.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
11.4.1 Applicant has requested I-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
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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.
11.5 The effect on the property owner or owners if the request is not granted:
11.5.1 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.
11.6 The Comprehensive Plan land use designation for the property:
11.6.1 The Comprehensive Plan Land Use Designation for the property is industrial.
12. 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).
13. 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.
14. 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 I-1, I-2 and I-3 zoning.Criteria for annexation in these areas may include
the following:
14.1 Port of Pasco properties;
14.2 Land convenient to rail yards;
14.3 Land convenient to industrial waste water treatment facility;
14.4 Land convenient to the regional transportation system;
14.5 Availability of necessary utilities to serve the use;
14.6 Relatively level land suitable for heavy building sites.
15. Land annexed within the area typically adopts the current County zoning designation for that
parcel, which is I-2 (Medium Industrial). As well, the Comprehensive Plan Land Use map
designates the area for industrial uses.
16. 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.
17, The City Council approved a resolution (Resolution 4109) to consider a notice of intent to
annex on November 1, 2021.
18. The site comprises 303.52 acres.
19. The site is generally located between Highway 395 and the BNSF Main Line, approximately
one-half mile north of Foster Wells Road.
20. The Hearing Examiner must consider
20.1 The existing land uses;
20.2 Nearby development;
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20.3 Zoning and policies of the Comprehensive Plan;
20.4 Land Use Designations of the Land Use Map.
21. The current zoning was initiated by the County. (No known date).
22. The property is located within the Pasco Urban Growth Boundary.
23. The property is being annexed to the City of Pasco.
24. Upon annexation the property will need to be zoned.
25. Applicant has requested I-2 zoning for the area.
26. Rezoning the property to 1-2 will not change the zoning from the current County I-2.
27. Rezoning the property to I-2 would allow industrial development in the neighborhood.
28. Rezoning the property to I-2 would be in alignment with the Comprehensive Plan Land Use
designation for the area.
29. The nature and value of adjoining properties may be impacted by applying industrial zoning
in the area.
30. Without the annexation area being assigned a specific zoning district, the area will be un-
zoned upon annexation.
31. The Comprehensive Plan Land Use Designation for the property is Industrial.
32. Contiguous properties to the south were amiexed in 1995 (Ordinance 3107).
33. Property to the south was annexed in 1963 (Ordinance 1078).
34. 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.
35. An open record public hearing after due legal notice was held November 10, 2021 via
videoconference.
36. The Applicant did not appear at the hearing. The Applicant contacted staff and indicated that
the Applicant was ill and would not be able to appear at the hearing. The Applicant
requested, through staff, that the record be left open in the event the Applicant did wish to
submit any written comments.
37. The Hearing Examiner kept the record open until 5:00 p.m. November 12, 2021 for the
Applicant to submit whatever additional written testimony the Applicant wished to submit.
The Applicant did not submit any additional written testimony.
38. No member of the public appeared at the hearing.
39. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
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39. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
II. RECOMMENDED CONCLUSIONS OF LAW
Before recommending approval or denial of a rezone,the Hearing Examiner must develop findings of
fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The
criteria are as follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
1.2 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.
2.1 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.
3.1 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.
4.1 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.
5.1 A concomitant agreement is not needed.
6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
III. RECOMMENDATION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS to the Pasco City Council to zone the Reimann Industrial Center Annexation Area
to I-2 as depicted on the proposed zoning map.
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CITY P sco HEARING EXAMINER