HomeMy WebLinkAbout4581 Ordinance - CBHA Rezone R-T to C-1 (Z 2021-018) - Not RecordedFILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 31 Avenue
Pasco, WA 99301
ORDINANCE NO. 4581
AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED NEAR THE SOUTHEAST CORNER
OF NORTH ROAD 68 AND BURNS ROAD, PASCO, WASHINGTON FROM
R -T TO C-1.
WHEREAS, Whitney Churchill, representing The Neenan Company, acting on behalf of
petitioner Columbia Basin Health Association, seeks to rezone a portion of the north half of Section
9, Township 9 North, Range 29 East, W.M. Records of Franklin County, Washington (Parcel Nos.
116030025 and 116030026); and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of the Pasco Municipal Code (PMC) Section 25.210.030 was received by the
City and, after notice was issued under PMC Section 25.210.040, an open record hearing was
conducted by the Pasco Hearing Examiner upon such petition on February 9, 2022; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development are adequately mitigated by the regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant
agreement is not required under these circumstances; and (f) the proposed rezone is consistent with
and satisfies all criteria set forth in PMC 25.210.030; the Hearing Examiner has recommended to
approve the rezone, which findings and recommendation are hereby adopted by the City Council
and the Hearing Examiner Report is hereby incorporated by this reference as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Ordinance — CBHA Rezone (Z 2021-018) - 1
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning
Map, accompanying and being part of said Ordinance shall be and hereby is changed from RT
(Residential Transition) to C-1 (Retail Business), for the real property as shown in the Exhibit B
attached hereto and described below:
PARCEL NO. 116 030 025: COMMENCING AT THE NORTHEAST CORNER
OF THE HEREINBEFORE DESCRIBED `TRACT X'; THENCE SOUTH
89040'37" WEST ALONG THE NORTH LINE OF SAID TRACT AND THE
NORTH LINE OF THE HEREINBEFORE DESCRIBED SECTION 4 A
DISTANCE OF 767.56 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTH LINE SOUTH 00019'23" EAST A
DISTANCE OF 938.12 FEET; THENCE SOUTH 74°58'29" WEST A
DISTANCE OF 627.12 FEET TO THE EASTERLY MARGIN OF ROAD 68
AND THE WEST LINE OF SAID TRACT; THENCE NORTH 15°01'31" WEST
ALONG SAID WEST LINE A DISTANCE OF 350.00 FEET THENCE
LEAVING SAID WEST LINE, NORTH 74058'29" EAST A DISTANCE OF
292.32 FEET; THENCE NORTH 15001'31" WEST A DISTANCE OF 707.72
FEET TO THE NORTH LINE OF SAID TRACT AND SAID SECTION 4;
THENCE NORTH 89040'37" EAST ALONG SAID NORTH LINE A DISTANCE
OF 592.28 FEET TO THE POINT OF BEGINNING AND THE END OF THIS
DESCRIPTION.
CONTAINING 12.79 ACRES MORE OR LESS
And,
PARCEL NO. 1.16 030 026: COMMENCING AT THE NORTHEAST CORNER
OF THE HEREINBEFORE DESCRIBED `TRACT X'; THENCE SOUTH
89040'37" WEST ALONG THE NORTH LINE OF SAID TRACT AND THE
NORTH LINE OF THE HEREINBEFORE DESCRIBED SECTION 4 A
DISTANCE OF 767.56 FEET; THENCE LEAVING SAID NORTH LINE
SOUTH 00019'23" EAST A DISTANCE OF 938.12 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING SOUTH 00°19'23" EAST A
DISTANCE OF 502.76 FEET TO THE BEGINNING OF A NON -TANGENT
CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 500.00
FEET, AND FROM WHICH POINT THE CHORD BEARS SOUTH 77°53'08"
WEST A DISTANCE OF 191.47 FEET; THENCE SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22004'37"
A DISTANCE OF 192.66 FEET; THENCE SOUTH 88055'26" WEST A
DISTANCE OF 317.67 FEET TO THE EASTERLY MARGIN OF ROAD 68
AND THE WEST LINE OF SAID TRACT; THENCE NORTH 15°01'31" WEST
ALONG SAID WEST LINE A DISTANCE OF 400.00 FEET; THENCE
LEAVING SAID WEST LINE, NORTH 74058'29" EAST A DISTANCE OF
627.12 FEET TO THE POINT OF BEGINNING AND THE END OF THIS
DESCRIPTION.
Ordinance — CBHA Rezone (Z 2021-018) - 2
CONTAINING 5.95 ACRES MORE OR LESS
Section 2. This Ordinance shall take full force and effect five (5) days after approval,
passage and publications required by law.
PASSED by the City Council of the City of Pasco, Washington, this 7th day of March,
2022.
Blanche Barajas
Mayor
ATTEST:
D/Vl���a&a
Debra Barham, CMC
City Clerk
Published: 3 /U ZAZZ_
Ordinance — CBHA Rezone (Z 2021-018) - 3
APPROVED AS TO FORM:
Kerruson Law, PLLC
Attorney
Exhibit "A"
CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2021-018 )
Whitney Churchill/The Neenan Company )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
February 9, 2022, the Hearing Examiner having taken evidence hereby submits the following
Recommended Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as
follows:
I. RECOMMENDED FINDINGS OF FACT
1. PROPERTY/APPLICATION DESCRIPTION:
1.1 Legal: A portion of the north half of Section 9, Township 9 North, Range 29 East
defined as follows:
Parcel 116030025. THE NORTH HALF OF SECTION 9, TOWNSHIP 9 NORTH,
RANGE 29 EAST W.M., RECORDS OF FRANKLIN COUNTY, WASHINGTON
LYING EASTERLY OF ROAD 68 EXCEPT THAT PORTION DEEDED TO THE
CITY OF PASCO BY DEDICATED DEED RECORDED JUNE 20, 2008 UNDER
AUDITOR'S FILE NO. 1720767 AND MAY 28, 2004 UNDER AUDITOR'S FILE
NO. 1645275. EXCEPT A PARCEL OF LAND LOCATED IN THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER, ALL IN SECTION 9 OF
TOWNSHIP 9 NORTH OF RANGE 29 EAST OF THE WILLAMETTE
MERIDIAN, FRANKLIN COUNTY, WASHINGTON, BEING DESCRIBED
MORE PARTICULARLY AS FOLLOWS: COMMENCING AT THE
NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 9,
THENCE SOUTH 89039'28" WEST ALONG THE NORTH LINE OF SAID
NORTHEAST QUARTER OF SECTION 9 A DISTANCE OF 3.00 FT. TO A
POINT ON THE WEST RIGHT OF WAY LINE OF CONVENTION DRIVE AND
THE TRUE POINT OF BEGINNING; THENCE SOUTH 01'34'31 " EAST ALONG
SAID WEST LINE OF CONVENTION DRIVE, BEING PARALLEL TO AND
3.00' WESTERLY OF THE EAST LINE OF THE NORTHEAST QUARTER OF
SECTION 9 A DISTANCE OF 2509.86 FEET TO A POINT ON THE NORTH
RIGHT OF WAY LINE OF SANDIFUR PARKWAY; THENCE ALONG SAID
NORTH LINE OF SANDIFUR PARKWAY AS FOLLOWS: THENCE SOUTH
87041'06" WEST A DISTANCE OF 147.50 FEET; THENCE WITH A CURVE
TURNING TO THE LEFT WITH AN ARC LENGTH OF 336.09', WITH A
RADIUS OF 790.00', WITH A CHORD BEARING OF SOUTH 75029`50" WEST,
WITH A CHORD LENGTH OF 333.56; THENCE WITH A REVERSE CURVE
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TURNING TO THE RIGHT WITH AN ARC LENGTH OF 330.33', WITH A
RADIUS OF 710.04', WITH A CHORD BEARING OF SOUTH76°38'14" WEST,
WITH A CHORD LENGTH OF 327.36; THENCE SOUTH 89° 57'53" WEST A
DISTANCE OF 47.99 FEET; THENCE NORTH 01'34'3 1 " WEST A DISTANCE
OF 2670.08 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST
QUARTER OF SECTION 9; THENCE NORTH 89°39'28" EAST ALONG SAID
NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 9 A DISTANCE
OF 841.21 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF
CONVENTION DRIVE, WHICH IS THE TRUE POINT OF BEGINNING. AND
EXCEPT THAT PORTION LYING SOUTHERLY OF SANDIFUR PARKWAY.
ALSO EXCEPT THAT PORTION DESCRIBED AS BINDING SITE PLAN 2019-
02, RECORDED IN VOLUME 1 OF BINDING SITE PLANS, AT PAGE 239,
UNDER AUDITOR'S FILE NUMBER 1894875, RECORDS OF FRANKLIN
COUNTY, WASHINGTON. SEGREGATION AREA 2: COMMENCING AT THE
NORTHEAST CORNER OF THE HEREINBEFORE DESCRIBED `TRACT X';
THENCE SOUTH 89040'37" WEST ALONG THE NORTH LINE OF SAID
TRACT AND THE NORTH LINE OF THE HEREINBEFORE DESCRIBED
SECTION 4 A DISTANCE OF 767.56 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID NORTH LINE SOUTH 00°19'23" EAST
A DISTANCE OF 938.12 FEET; THENCE SOUTH 74°58'29" WEST A
DISTANCE OF 627.12 FEET TO THE EASTERLY MARGIN OF ROAD 68 AND
THE WEST LINE OF SAID TRACT; THENCE NORTH 15°01'31" WEST
ALONG SAID WEST LINE A DISTANCE OF 350.00 FEET THENCE LEAVING
SAID WEST LINE, NORTH 74°58'29" EAST A DISTANCE OF 292.32 FEET;
THENCE NORTH 15°01'31" WEST A DISTANCE OF 707.72 FEET TO THE
NORTH LINE OF SAID TRACT AND SAID SECTION 4; THENCE NORTH
89040'37" EAST ALONG SAID NORTH LINE A DISTANCE OF 592.28 FEET
TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION;
together with
Parcel 116030026: THE NORTH HALF OF SECTION 9, TOWNSHIP 9 NORTH,
RANGE 29 EAST W.M., RECORDS OF FRANKLIN COUNTY, WASHINGTON
LYING EASTERLY OF ROAD 68 EXCEPT THAT PORTION DEEDED TO THE
CITY OF PASCO BY DEDICATED DEED RECORDED JUNE 20, 2008 UNDER
AUDITOR'S FILE NO. 1720767 AND MAY 28, 2004 UNDER AUDITOR'S FILE
NO. 1645275. EXCEPT A PARCEL OF LAND LOCATED IN THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER, ALL IN SECTION 9 OF
TOWNSHIP 9 NORTH OF RANGE 29 EAST OF THE WILLAMETTE
MERIDIAN, FRANKLIN COUNTY, WASHINGTON, BEING DESCRIBED
MORE PARTICULARLY AS FOLLOWS: COMMENCING AT THE
NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 9,
THENCE SOUTH 8903928" WEST ALONG THE NORTH LINE OF SAID
NORTHEAST QUARTER OF SECTION 9 A DISTANCE OF 3.00 FT. TO A
POINT ON THE WEST RIGHT OF WAY LINE OF CONVENTION DRIVE AND
THE TRUE POINT OF BEGINNING; THENCE SOUTH 01 °34'31 " EAST ALONG
SAID WEST LINE OF CONVENTION DRIVE, BEING PARALLEL TO AND
3.00' WESTERLY OF THE EAST LINE OF THE NORTHEAST QUARTER OF
SECTION 9 A DISTANCE OF 2509.86 FEET TO A POINT ON THE NORTH
RIGHT OF WAY LINE OF SANDIFUR PARKWAY; THENCE ALONG SAID
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NORTH LINE OF SANDIFUR PARKWAY AS FOLLOWS: THENCE SOUTH
87041'06" WEST A DISTANCE OF 147.50 FEET; THENCE WITH A CURVE
TURNING TO THE LEFT WITH AN ARC LENGTH OF 336.09', WITH A
RADIUS OF 790.00', WITH A CHORD BEARING OF SOUTH 75°29'50" WEST,
WITH A CHORD LENGTH OF 333.56; THENCE WITH A REVERSE CURVE
TURNING TO THE RIGHT WITH AN ARC LENGTH OF 330.33', WITH A
RADIUS OF 710.04', WITH A CHORD BEARING OF SOUTH 76°38'14" WEST,
WITH A CHORD LENGTH OF 327.36; THENCE SOUTH 89° 57'53" WEST A
DISTANCE OF 47.99 FEET; THENCE NORTH 01'3431" WEST A DISTANCE
OF 2670.08 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST
QUARTER OF SECTION 9; THENCE NORTH 89°39'28" EAST ALONG SAID
NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 9 A DISTANCE
OF 841.21 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF
CONVENTION DRIVE, WHICH IS THE TRUE POINT OF BEGINNING. AND
EXCEPT THAT PORTION LYING SOUTHERLY OF SANDIFUR PARKWAY.
ALSO EXCEPT THAT PORTION DESCRIBED AS BINDING SITE PLAN 2019-
02, RECORDED IN VOLUME 1 OF BINDING SITE PLANS, AT PAGE 239,
UNDER AUDITOR'S FILE NUMBER 1894875, RECORDS OF FRANKLIN
COUNTY, WASHINGTON. SEGREGATION AREA 3: COMMENCING AT THE
NORTHEAST CORNER OF THE HEREINBEFORE DESCRIBED `TRACT X';
THENCE SOUTH 89040'37" WEST ALONG THE NORTH LINE OF SAID
TRACT AND THE NORTH LINE OF THE HEREINBEFORE DESCRIBED
SECTION 4 A DISTANCE OF 767.56 FEET; THENCE LEAVING SAID NORTH
LINE SOUTH 00019'23" EAST A DISTANCE OF 938.12 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°19'23" EAST A
DISTANCE OF 502.76 FEET TO THE BEGINNING OF A NON -TANGENT
CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 500.00
FEET, AND FROM WHICH POINT THE CHORD BEARS SOUTH 77053'08"
WEST A DISTANCE OF 191.47 FEET; THENCE SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22004'37" A
DISTANCE OF 192.66 FEET; THENCE SOUTH 88°55'26" WEST A DISTANCE
OF 317.67 FEET TO THE EASTERLY MARGIN OF ROAD 68 AND THE WEST
LINE OF SAID TRACT; THENCE NORTH 15°01'31" WEST ALONG SAID
WEST LINE A DISTANCE OF 400.00 FEET; THENCE LEAVING SAID WEST
LINE, NORTH 74058'29" EAST A DISTANCE OF 627.12 FEET TO THE POINT
OF BEGINNING AND THE END OF THIS DESCRIPTION.
1.2 General Location: A parcel situated near the Southeast corner of North Road 68 and
Burns Road, Pasco, Franklin County, WA.
1.3 Prope Size: 18.74 Acres (816,314.4 Square feet).
1.4 Applicant: Whitney Churchill/The Neenan Company, 3325 S. Timberline Rd, Suite
100, Fort Collins, CO 80525.
1.5 Re uest: Rezone Columbia Basin Health Association RT to C-1
2. ACCESS: The site has access from Road 68 and shall have access from Burns Road once it
is extended as part of the development process.
3. UTILITIES: Municipal water and sewer services are located in Road 68.
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4. LAND USE AND ZONING: The property is currently zoned RT (Residential Transition).
The site is vacant. Surrounding zoning and land uses are zoned and developed as follows:
North C-1 & RS -40 (County) Food Processing
East RT Vacant
South RT Vacant
West C-1 & R-4 Commercial, Apartments
5. COMPREHENSIVE PLAN: The Comprehensive Plan Land Use Map designates the area
"Mixed Residential/Commercial;" the "Mixed Residential/Commercial" designation allows
for A combination of mixed-use residential and commercial in the same development, Single-
family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5
to 29 dwelling units per acre, and neighborhood shopping and specialty centers, business
parks, service and office uses. Allowable zoning for the "Mixed Residential/Commercial"
land use designation includes the R-1 through R-4, C-1 and O, and Waterfront 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
Determination of Non -Significance (DNS) was issued on 29 December 2021 for this project
under WAC 197-11-158.
7. REQUEST: Whitney Churchill of the Neenan Company, acting on behalf of Columbia Basin
Health Association, has submitted an application to rezone Parcels 116030025 and
116030026, located on the southeast corner of Road 68 and Burns Road, from RT
(Residential Transition) to C-1 (Retail Business) in anticipation of locating a Community
Health Center on the 18.74 -acre site. As per Pasco Municipal Code (PMC) 25.15.050 a
Community Health Center would fit under the definition of "Community service facilities" of
the level one category, which "include, but are not limited to, 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." As per
PMC 25.200.020(4) "Unclassified uses" include Community service facilities, levels one and
two, as defined in PMC 25.15.050. As such, a Community Health Center would be required
to go through the Special Permit process.
SITE: The site comprises 18.74 Acres (816,314.4 Square feet) and has frontage access on
Road 68, and shall have frontage along Burns Road once it is dedicated and extended as part
of the development process. The Comprehensive Plan designates the lot "Mixed
Residential/Commercial." The "Mixed Residential/Commercial" designation allows for R-1
through R-4, C-1 and O, and Waterfront zoning and may be developed with Mixed-use
residential and commercial uses. Residential density may range from 5 to 29 dwelling units
per acre in the "Mixed Residential/Commercial" designated area. The rezone request is
consistent with the Comprehensive Plan Land Use Map designation.
9. HISTORY: The site was annexed into the City in 1981 and assigned RT (Residential
Transition) zoning in conjunction with the annexation (Ordinance #2388). The site has not
been rezoned since.
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10
REZONE CRITERIA: The initial review criteria for considering a rezone application are
explained in PMC 25.210.030. The criteria are listed below as follows:
10.1 The date the existing zone became effective:
10.1.1 The site was assigned RT (Residential Transition) zoning in conjunction with
the 1996 annexation. Zoning for the site has not changed since then.
10.2 The changed conditions, which are alleged to warrant other or additional zoning:
10.2.1 City Council has recently approved an update to the Comprehensive Plan;
The revised Land Use Element of the approved Plan designates the property
"Mixed Residential/Commercial." The "Mixed Residential/Commercial"
designation allows for R-1 through R-4, C-1 and O, and Waterfront zoning
and may be developed with Mixed-use residential and commercial uses.
Applicant is requesting C-1 zoning.
10.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
10.3.1 The existing RT (Residential Transition) zoning acts as a "holding pattern,"
pending appropriate utility and transportation facility development for areas
within the Urban Growth Area (UGA).
10.3.2 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.
10.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
10.4.1 The area consists primarily of agricultural uses surrounded by suburban
residential to the east, commercial to the south and southwest, and high-
density residential to the west. The rezone application would be consistent
with the character of the neighborhood.
10.5 The effect on the property owner or owners if the request is not granted:
10.5.1 If the property remains with the current RT zoning designation the site would
likely continue undeveloped and continue as an urban crop circle.
10.6 The Comprehensive Plan land use designation for the property
10.6.1 The Land Use Element of the Plan now designates the lot "Mixed
Residential/Commercial." The "Mixed Residential/Commercial" designation
allows for R-1 through R-4, C-1 and O, and Waterfront zoning and may be
developed with Mixed-use residential and commercial uses.
10.7 Such other information as the Hearing Examiner requires:
10.7.1 The rezone application is consistent with and meets the intent of the
Comprehensive Plan, and City Council. Right of Way dedication and ROW
Improvements will be required at the time of development. As well, a traffic
impact analysis will likely need to be completed for this development to
understand the impacts the development may have on the existing City
infrastructure.
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10.7.2 As per Pasco Municipal Code (PMC) 25.15.050 a Community Health Center
would fit under the definition of "Community service facilities" of the level
one category, which include hospitals and nonprofit community health
clinics. As per PMC 25.200.020(4) "Unclassified uses" include Community
service facilities, levels one and two, as defined in PMC 25.15.050; as such,
a Community Health Center would be required to go through the Special
Permit process.
11. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri -City Herald on January 19, 2022.
12. The Applicant wishes to rezone Parcels 116030025 and 116030026 from RT (Residential
Transition) to C-1 (Retail Business).
13. The site is located on the southeast corner of Road 68 and Burns Road.
14. Applicant anticipates locating a Community Health Center on the site.
15. The site comprises 18.74 Acres (816,314.4 Square feet).
16. The Site has frontage access on Road 68.
17. The Comprehensive Plan designates the lot "Mixed Residential/Commercial."
18. The "Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1 and O,
and Waterfront zoning.
19. The "Mixed Residential/Commercial" designation may be developed with Mixed-use
residential and commercial uses.
20. Residential density may range from 5 to 29 dwelling units per acre in the "Mixed
Residential/Commercial" designated area.
21. The rezone request is consistent with the Comprehensive Plan Land Use Map designation.
22. The site was annexed into the City in 1981 and assigned RT (Residential Transition) zoning.
23. The site has not been rezoned since.
24. The existing RT (Residential Transition) zoning acts as a "holding pattern," pending
appropriate utility and transportation facility development for areas within the Urban Growth
Area (UGA).
25. Right of Way dedication and ROW Improvements will be required at the time of
development.
26. A traffic impact analysis will likely need to be completed for this development to understand
the impacts the development may have on the existing City infrastructure
27. An open record public hearing after due legal notice was held February 9, 2022 via
videoconference.
28. Appearing and testifying on behalf of the applicant was Nieves Gomez. Mr. Gomez testified
that he was the CEO of Columbia Basin Health and was an agent authorized to speak on
behalf of the property owner and applicant. Mr. Gomez indicated that the Applicant agreed
with all representations in the staff report and all of the proposed Conditions of Approval
29. Also testifying on behalf of the Applicant was Whitney Churchill. Ms. Churhill testified that
she was also authorized to appear and speak on behalf of the property owner and Applicant.
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She stated that she was the architect on the project. She indicated that the C-1 zoning was
appropriate.
30. No member of the public appeared at the hearing.
31. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
32. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
H. RECOMMENDED CONCLUSIONS OF LAW
Before recommending approval of this rezone, the Hearing Examiner has developed findings of fact
from which to draw those conclusions based upon the criteria listed in PMC 25.210.060. The criteria
are as follows:
The proposal is in accordance with the goals and policies of the Comprehensive Plan.
1.1 The "Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1
and O, and Waterfront zoning and may be developed with Mixed-use residential and
commercial uses.
1.2 The proposal also aligns with the following Comprehensive Plan Goals and Policies:
1.2.1 Goal LU -1: take deliberate, consistent, and continuous actions to improve the
community's quality of life.
1.2.2 Policy LU -1-C: Encourage conservation design with cluster commercial
development and discourage strip commercial development.
1.2.3 Goal LU -2: plan for a variety of compatible land uses within the UGA.
1.2.4 Policy LU -2-A: Maintain sufficient land designated to accommodate
residential, commercial, industrial, educational, public facility, and open -
space uses proximate to appropriate transportation and utility infrastructure.
1.2.5 Policy LU -2-B: Facilitate planned growth within the City limits and UGA
and promote infill developments in the City limits through periodic review of
growth patterns and market demand within each of the City's land use
designations.
1.2.6 Goal LU -6: encourage distinctive quality community and regional
commercial and industrial developments that support the city's overall
development goals.
1.2.7 Policy LU -6-A: Encourage commercial and higher -density residential uses
along major corridors and leverage infrastructure availability.
1.2.8 Policy LU -6-B: Promote efficient and functional neighborhood level and
major commercial centers to meet community demand.
1.2.9 Goal ED -2: Assure appropriate location and design of commercial and
industrial facilities
1.2.10 Policy ED -2-B Policy: Encourage development of a wide range of
commercial and industrial uses strategically located near major transportation
corridors or facilities and in close proximity to existing or proposed utility
infrastructure while supporting local and regional needs.
1.2.11 Goal ED -3: maintain development standards and design guidelines to ensure
that commercial and industrial developments are good neighbors.
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1.2.12 Policy ED -3-A: Enhance compatibility of commercial and industrial
development with residential and mixed-use neighborhoods with appropriate
landscaping, screening, building and design standards.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 The application for rezone is consistent with the Comprehensive Plan Land Use
Element. Surrounding uses include agricultural processing to the north, low-density
residential to the east, commercial to the south and southwest, and high-density
residential to the west across Road 68. Applicant anticipates locating a Community
Health Facility on the site.
3. There is merit and value in the proposal for the community as a whole.
3.1 The proposed rezone application is consistent with the Comprehensive Plan Land
Use Map and the Goals and Policies as adopted by the Pasco City Council
(Ordinance 4537)
3.2 The Comprehensive Plan has recently been updated for the area and now designates
the lot "Mixed Residential/Commercial."
3.3 The "Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1
and O, and Waterfront zoning and may be developed with Mixed-use residential and
commercial uses.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
4.1 The rezone application and anticipated project are subject to the regulations and
requirements of the Pasco Municipal Code and the City of Pasco Design and
Construction Standards.
A Concomitant Agreement should be entered into between the City and the petitioner, and if
so, the terms and conditions of such an agreement.
5.1 A concomitant agreement would not be required in this circumstance.
6. The proposed rezone is consistent with and satisfies all criteria set forth in PMC 25.210.030.
7. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
III. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL that Parcels 116030025 and 116030026, situated on the southeast
corner of Road 68 and Burns Road in Pasco, WA, be rezoned from RT (Residential Transition) to C-1
(Retail Business).
Dated this 14"' day of February, 2022.
Z 2021 018
Churchill/The Neenan Co.
Page 8 of 9
CITY OF P S NG EXA ER
Andre . Kottkamp
Z 2021 018
Churchill/The Neenan Co.
Page 9 of 9
EXHIBIT 116.2"
SEG AREA 1
5.01 ACRES
SEG AREA 2
4 12.79 ACRES 71.00' S89' 40' 37"W 4 3
9 302.21' f 592.28' 767.56' 844.22' 9 10
W NE COR
PARCEL TRACT X
'N M 116 030 025
m
ao
,- i'I
N00fn
L7
O N
2�9"W0)W M
S .to b I�
p PARCEL N Z w N n
o Z o 116 030 0:' to o M a
N NEW PROPERTY N
C3
LINE In
L6
SEG AREA 3 I c-4
003d5.95 ACRESll� d
01 M
to
04 REMAINDER Z
q APN 116020011
52.14 ACRES
\�40' L3 0
9 L1 j 1 9 10
a— — N89' 59' 09"E 26'6-4.597—
N
694.59N SANDIFUR PARKWAY
5804 Road 90,
Suite H,
Pasco, WA 99301
1 "=500' 631003
509.380.5883 TEL
JOB NO. 2180024.50 509.380.5885 FAX
November 13, 2020
PARCEL SEGREGATION THIS DCHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION
LEGAL BY: TD EXHIBIT BY: TD OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT
w \sdekproj\2DI8\2180024\seg ebtt mullen.dwg BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE
LEGAL DESCRIPTION SHALL PREVAIL
EXHIBIT 1113.2"
LINE TABLE
LINE #
LENGTH
DIRECTION
L1
411.28
S89' 59' 09"W
L2
238.71
NO' 00' 51"W
L3
258.12
S89' 59' 09"W
L4
136.25
N6' 30' 15"E
L5
360.28
S74' 42' 15"W
L6
317.67
S88' 55' 26"W
L7
292.32
N74' 58' 29"E
CURVE TABLE
CURVE #
LENGTH
RADIUS
DELTA
CHORD DIRECTION
CHORD LENGTH
C1
282.16
167.50
96'31'06"
S41' 45' 18"E
249.96
C2
94.27
312.50
17'17'00"
N2' 08' 15"W
93.91
C3
192.66
500.00
22'04'37"
S77' 53' 08"W
191.47
JOB NO. 2180024.50
November 13, 2020
PARCEL SEGREGATION
LEGAL BY: TD EXHIBIT BY: TD
w.\ aAM8\218OO24\mg exhibit muo«►.ewg
[Bloom
5804 Road 90,
Suite H,
Pasco, WA 99301
509.380.5883 TEL
509.380.5885 FAX
THIS DCHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION
OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT
BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE
LEGAL DESCRIPTION SHALL PREVAIL