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HomeMy WebLinkAbout4594 Ordinance - Lamb 5 LLC Zoning Determination of Annexed Property (ZD 2021-007) ORDINANCE NO.4594 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF PASCO, WASHINGTON, ASSIGNING ZONING TO THE LAMB 5 LLC ANNEXATION AREA, AS RECOMMENDED BY THE HEARING EXAMINER. WHEREAS, on May 11, 2022, pursuant to the Pasco Municipal Code (PMC) Section 25.220.020, the Hearing Examiner of the City of Pasco conducted a public hearing to develop a recommendation for the assignment of zoning to certain property, as set forth in Section 1 below (Property), in the event the property was incorporated within the City; and WHEREAS,the Hearing Examiner also recommended approval of the proposed zoning designation after concluding, pursuant to PMC Section 25.210.060, that the proposal: (a) is consistent with the Comprehensive Plan; (b) is not materially detrimental to the immediate vicinity; (c)has merit and value for the community as a whole; (d) does not require conditions or mitigation measures; and (e) does not require a concomitant agreement; and Council hereby adopts the Hearing Examiner's findings, conclusions and recommendation as attached hereto as Exhibit A; and WHEREAS, on June 6, 2022, Ordinance No. 4593, effectively annexed the Property to the City of Pasco. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to-wit: That portion of the Southeast Quarter of Section 21 and the Southwest Quarter of Section 22, all in Township 9 North, Range 29 East, W.M. described as follows: Beginning at the intersection of the North Right-of-Way line of Court Street and the future East Right-of-Way line of Road 72. Thence North along said East Right-of-Way line of Road 72 and the existing City Limits line as described in Auditor's File Number 161198, Records of Franklin County Washington, to the North line of the Southwest Quarter of the Northeast Quarter of said Southeast Quarter; thence East along said North line to the Northwest Corner of the Southeast Quarter of said Northeast Quarter of said Southeast Quarter; thence South O1°29'03" West a distance of 5.50 feet; thence North 89°40'26" East a distance of 155.42 feet; thence South 89°11'44" East a distance of 74.65 feet; thence South 89°26'07" East a distance of 404.68 feet; thence North O1°29'19" East a distance of 3.42 feet to the North line of the Southeast Quarter of the Northeast Quarter of the said Southeast Quarter; thence Ordinance-Lamb 5 LLC Annexation ZD 2021-007- 1 East to the East Right-of-Way line of Road 68; thence South along the East Right- of-Way line of Road 68 to the intersection with the Westerly projection of the South line of Buttercreek Estates Phase 2; thence Easterly along said Westerly projection and along the South line of Buttercreek Estates Phase 2 to the East line of Buttercreek Estates Phase 2; thence South 15 feet to a Point 15 feet South of the North line of the Southwest Quarter of said Southwest Quarter of Section 22;thence Easterly parallel to said North line to the intersection with the East Right-of-Way line of Road 64; thence South along the East Right-of-Way line of Road 64 to the North Right-of-Way line of Court Street; thence West along the North Right-of- Way line of Court Street to the Point of Beginning. Situated in Franklin County, State of Washington; comprising approximately 37.03 Acres. Together with and subject to Easements, Reservations, Covenants, and Restrictions, of record and in View, as depicted in the map attached hereto and labeled Exhibit B, be and the same is hereby assigned zoning as follows: 1. C-1 (Retail Business): Parcels 1 1 860202 1, 118602030, 118602013, 118602058, and the south '/2 of Parcels 118602067, 118602049 and 118501041. 2. RS-20 (Suburban): Parcels 118601022, 118601031, 118601052, 118501014, 118501026, 118501024, 118501025, 118501018, 118501017, 118501016, 118541019, 118501020, 118501021, 118501023, 118501027, 118501028, ll8641006, 118601007, 118601008, 1 1 8601 009, 118601010, 118601011, 118601012, 118601013, 118601051, 118601053, 118601054, 118601055, 118601056, 118601057, 118601058, 118601059, 118641060, 118601061, 118601062, 118601063, 118601064, 118601065, 1 1 8601 066 and 118501022. 3. R-1 (Low-Density Residential): Parcels 118472083, 1 1 850203 1, 118472097, 118502068, 118502040, 118472093, 118472094, 118472095, 118472096, 118502022, and 118502059. 4. R-2 (Medium-Density Residential): The north '/z of Parcels 118602067 and 118602049. 5. R-3 (Medium-Density Residential): Parcels 118471020, 118602014, 118501050 and the north '/2 of Parcel 118501041. Section 2. That any and all zoning maps be and the same are hereby amended to conform to the aforesaid assignment of zoning. Section 3. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Ordinance-Lamb 5 LLC Annexation ZD 2021-007-2 PASSED by the City Council of the City of Pasco,Washington this 6th day of June, 2022. -- —� \ , Blanche arajas Mayor ATTEST: APPROVE S TO FORM: �4�.G. ��v�� Debra Barham, CMC Kerr Fex on Law, PLLC City Clerk Cit '�� torneys Published: r�1.1,� occt � Zo2� Ordinance-Lamb 5 LLC Annexation ZD 2021-007-3 EXHIBIT A CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF ) FACT,RECOMMENDED ZD 2021-007 ) CONCLUSIONS OF LAW,AND Lamb 5,LLC. ) RECOMMENDATION ) THIS MAT"TER having come on for hearing in front of the City of Pasco Hearing Examiner on May 11, 2022, 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. Applicants: RP Development, Inc., 6159 W Deschutes Avenue Suite 509,Kennewick WA 99336 and Lamb 5 LLC, 10220 Maple Drive, Pasco WA 99301. 2. Zoning Determination request: Development of a zoning recommendation for the Lamb 5 LLC Annexation of approximately 90.21 acres located at the northwest corner of Road 68 and West Court Street. 3. Property/Application Description: 3.1 That portion of the Southeast Quarter of Section 21 and the Southwest Quarter of Section 22,all in Township 9 North, Range 29 East, W.M. described as follows: Beginning at the intersection of the North Right-of-Way line of Court Street and the future Cast Right-of-Way line of Road 72. Thence North along said East Right-of-Way line of Road 72 and the existing City Limits line as described in Auditor's File Number 161198, Records of Franklin County Washington,to the North line of the Southwest Quarter of the Northeast Quarter of said Southeast Quarter; thence East along said North line to the Northwest Corner of the Southeast Quarter of said Northeast Quarter of said Southeast Quarter;thence South O1°29'03"West a distance of 5.50 feet; thence North 89°40'26"East a distance of 155.42 feet; thence South 89°l 1'44" East a distance of 74.65 feet;thence South 89°26'07"East a distance of 404.68 feet;thence North Ol°29'19"East a distance of 3.42 feet to the North line of the Southeast Quarter of the Northeast Quarter of the said Southeast Quarter;thence East to the East Right-of-Way line of Road 68;thence South along the East Right-of-Way line of Road 68 to the intersection with Westerly projection of the South line of Buttercreek Estates Phase 2;thence Easterly along said Westerly projection and along the South line of Buttercreek Estates Phase 2 to the East line of Buttercreek Estates Phase 2;thence South 15 feet to a Point 15 feet South ZD 2021 007 Lamb 5 LLC Page 1 of 6 of the North line of the Southwest Quarter of said Southwest Quarter of Section 22;thence Easterly parallel to said North line to the intersection with the East Right-of-Way line of Road 64;thence South along the East Right-of-Way line of Road 64 to the North Right-of-Way line of Court Street; thence West along the North Right-of-Way line of Court Street to the Point of Beginning. 3.2 Parcels 118602067, 118602058, 118602049, 118602030, 118602021, 118602014, 1 1 86020 1 3, 118601066, 118601065, 118601064, 118601063, 118601062, 118601061, 118601060, 118601059, 118601058, 118601057, 118601056, 118b01055, 118601054, 118601053, 118601052, 118601051, 118601031, 118601022, 118601013, 118601012, 118601011, 118601010, 11860]009, 118601008, 118601007, 1 1 8601 006, 118502068, 118502059, 118502040, 1 1 850203 1, 118502022, 11850I050, 118501041, 1]8501028, 118501027, 118501026, 118501025, 118501024, 118501023, 118501022, 118501021, 118501020, 118501019, I18501018, 118501017, 118501016, 118501014, 118472097, 118472096, 118472095, 118472094, 118472093, 118472083, and118471020. 3.3 General Location: Located at the northwest corner of Road 68 and West Court Street. 3.4 Property Size: Approximately 90.21 acres of land. 4. Access: The site is accessed from Road 68 and West Court Street. 5. Utilities: Water and sewer service are located in West Court Street. 6. Land Use and Zoning: Applicant's original site is zoned RS-20 (Suburban--County) and contains a single residential unit. 7. Surrounding properties are zoned and developed as follows: North: RS-20 (County) SFDUNacant East: G1 (County) Agriculture; SFDUs South: C-1; R-2 Vacant West: RS-20(County) SFDUs;Agriculture 8. Comprehensive Plan: The Comprehensive Plan designates the site for Low Density Residential, Medium-Density Residential, and Commercial uses (See Comprehensive Ylan Map). 9. Environmental Determination: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project. A Determination of Non-Significance or a Mitigated Determination of Non-Significance is likely for this application(WAC 197-11-355). 10. On January 18, 2022, the City Council approved Resolution 4140 accepting a notice of intent to annex approximately 90.21 acres generally located in the area at the northwest corner of Road 68 and West Court Street. I1. 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 recomrnend appropriate ZD 2021 007 Lamb 5 LLC Page 2 of 6 zoning districts for the proposed annexation area in the event it may become part of the City. 12. 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. 13. The purpose of the annexation is to expand primarily residential and commercial opportunities within the City of Pasco's Urban Growth Area(UGA). 14. To maintain consistency with current zoning, land uses, utiliTy planning and the Comprehensive Plan, appropriate zoning should be applied to the proposed annexation area. 15. The initial review criteria for considering a rezone application are explained in PMC 25.210.030. The criteria are listed below as follows: 15.1 The date the existing zone became effective: The current zoning was initiated by the County(No known date). 15.2 The changed conditions which are alleged to warrant other or additional zoning: 15.2.1 The property is located within the Pasco Urban Growth Boundary. 15.2.2 The property in question is being annexed to the City of Pasco. 15.23 Upon annexation the property will need to be zoned. 15.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: l 5.3.l 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 desigttation 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. 15.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 15.4.1 Staff has recommended RS-20(Suburban)R-1 (Low-Density Residentia(), R-2 (Medium-Density Residential),R-3 (Medium-Density Kesidential),and C-] (Retail Business)zoning for the annexation area. The Applicants have requested R-3 (Medium-Density Residential) zoning for their ownership interest in the area; rezoning the property to RS-20,R-1,R-2, R-3 and C-1 will align closely with the Comprehensive Plan Land Use designations for the area. I 5.5 The effect on the property owner or owners if the request is not ganted: 15.5.1 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, developers,and adjoining property owners. ]5.6 The Comprehensive Plan land use designation for the property: 15.6.1 The Comprehensive Plan Land Use Designations for the property include Low Density Residential, Medium-Density Residential, and Commercial uses(See Comprehensive Plan Map). ZD 2021 007 Lamb 5 LLC Page 3 of 6 l 6. The site contains approximately 90.21 acres and is located at the northwest corner of Road 68 and West Court Street.Contiguous properties to the south and west were annexed in 2002(Ordinance 3532) and to the east in 2013 (Ordinance 4077). 17. The parcels are all located within the Urban Growth Area(UGA).Parcels in the proposed annexation area are designated by the Comprehensive Plan map for Low Density Residential,Medium-Density Residential, and Commercial uses(See Comprehensive Plan Map). 18. The Description and Allocation Table of the Comprehensive Plan specifies the following Purposes, Descriptions,and allowed zoning for each Land Use Designation: �Classification Purpoge and Deacripaon � 2oaing * Low Derrsity Single family residential development at a R-S-20; R-S-12; R-S-1; Residential density of 2 to 5 dwelling units per acre I R-1; R-1-A; R-1-A2 Single-family dwellings, patio homes, R-2 through R-4; RP Medium Density townhouses, apartments,and condominiums Residential at a density of 6 to 20 dwelling units per acre Neighborhood,community and regional O; BP; C-1; C-2;C-3; Commercial shopping and specialty centers,business CR parks,service and office uses 19. The proposed annexation area is within the City's service area as identified in the Comprehensive Water and Sewer Plans. 20. Public notice of this hearing was posted in the Tri-City Herald and sent to property owners within 300 feet of the property on March 24,2022. 21. City Council approved Resolution 4140 on January 18,2022,accepting a notice of intent to annex. 22. The site consists of approximately 90.21 acres. 23. The site is located at the northwest corner of Road 68 and West Court Street. 24. The current zoning was initiated by the County(No known date). 25. The property is located within the Pasco Urban Growth Boundary. 26. Staff has recommended the following zoning designations for the annexation area: 26.1 RS-20(Suburban) 26.2 R-1 (Low-Density Residential) 26.3 R-2 (Medium-Density Residential) 26.4 R-3 (Medium-Density Residential) 26.5 C-1 (Reiail Business) ZD 2021 007 Lamb 5 LLC Page 4 of 6 27. Applicants have requested R-3 (Medium-Density Residential) zoning for their ownership interest in the area. 28. Rezoning the property to RS-20, R-1, R-2,R-3 and C-1 will align closely with the Comprehensive Plan Land Use designations for the area. 29, The Comprehensive Plan Land Use Designations for the property include Low Density Residential, Medium-Density Residential, and Commercial uses 30. Contiguous properties to the south and west were annexed in 2002. 31. Contiguous properties to the east were annexed in 2013. 32. The parcels are all located within the UGA. 33. An open record public hearing after due legal notice was held May 11, 2022 via videoconference. 34. Appearing and testifying on behalf of the Applicant was Paul LaVrentiev. Mr. LaVrentiev testified that he was an agent authorized to appeal and speak on behalf of Lamb 5, LLC. Mr. LaVrentiev indicated that he agreed with aU the representations set forth within the staff report. Their desire was that the north portion of the Lamb 5,LLC property be zoned R-3 and the southern portion Commercial. 35. Testifying from the public were the following persons: 35.1 Eli Suarez. Mr. Suarez owns property on Pearl Street in the RS-20 zone. He has concerns about the densities allowed within the R-3 zone that would create traffic issues on Pearl Street. He requested that the property be zoned RS-20 to be consistent with their zoning. 35.2 Mizae) Aced�iQ Mr.Acededo testified that he agreed with the testimony of Mr. Suarez. He too is concerned with increased traffic on Pearl Street that would result from an R-3 zoning. He asked that the zoning be R-1. 35.3 In response,Mr. LaVrentiev indicated that the R-3 zoning is consistent with the Comprehensive Plan designation. 36. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 37. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. II.RECOMIVIENDED 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: ZD 2021 007 Lamb 5 LLC Page 5 of 6 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. 12 Applicants have requested R-3 (Medium-Density Residential) zoning for properties they contro! in the annexation area; Staff recommends C-1 (Retail Business),RS-20 (Suburban), R-1 (Low-Density Residential),R-2 (Medium-Density Residential), and R-3 (Medium-Density Residential) zoning for the area; rezoning the property to C- l, RS-20, R-1, R-2, and R-3 will align closely with the Comprehensive Plan Land Use designations for the area. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1 Zoning the proposed annexation area C-i (Retail Business), RS-20 (Suburban), R-1 (Gow-Density Residential), R-2 (Medium-Density Residential), and R-3 (Medium-Density Residential) will cause the site to be consistent with the Comprehensive Plan which was approved by City Council. 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 wned Low Density Residential, Medium- Density Residential,and Commercial(See Comprehensive Plan Map).assigning C-1, RS-20, R-1, R-2, and R-3 zoning will lead to additional housing, convenient shopping, and employment opporlunities for Pasco residents. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 4.1 The proposa) 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 reyuirements. 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 ageement 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 Lamb 5 LLC Annexation Area, to the following zoning designations: C-1 (Retail Business), RS-20 (Suburban), R-1 (Low- Density Residential), R-2 (Medium-Density Residential), and R-3 (Medium-Density Residential), as depicted on the proposed zoning map (E�chibit "A") attached to this recommendation. Dated this 16th day of M.ay,2022. ' CIT ��F ASCO H:E;ARING EXAMINER � A rew L. Kottkamp ZD 2021 007 Lamb 5 LLC Page 6 of 6 Item: Lamb 5 LLC Annexation rtExhibit A" Applicants: Lamb 5 LLC c/o Ann Rouse File #: ANX 2021-007 / ZD 2021-007 ---- I 1--1—! I-- ---� .�T- - w wERn��n'tw ��— - — — � v+�ea�ne�rcPa� —. t_i -— � �— � ; �F . S �-,at � ; a•i _— }___ �--- BU17ERN7:Qr n z .� a_3 �1 . - — annsm MARKET O ��mon u�+ws � " ��r����. � ' - � . . 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