HomeMy WebLinkAbout4597 Ordinance - Chaher Rezone from RT to C-3 (Z 2022-003) - RECORDEDFRANKLIN COUNTY RECORDING
COVER SHEET
NAME AND RETURN ADDRESS:
City of Pasco
525 N. Third Avenue
Pasco, WA 99301
FORM COMPLETED BY: Krystle Shanks
PLEASE PRINT OR TYPE INFORMATION:
AFN # 1964003 ORDIN
07/26/2022 09:17 AM
9 Page(s) $211.50
Matt Beaton. Auditor
Franklin Co.. WA
PHONE # (509) 544-3096
DOCUMENT TITLE(S) (or transaction contained therein)
1. Ordinance No. 4597
2. Z2022-003
3.
GRANTOR(S) (Last name, first name, middle name/initials):
1. Citv of Pasco
2.
3.
4.
❑ Additional names on page of document
GRANTEE(S) (Last name, first name, middle name/initials):
1. Vino Chaher
2. 3012 E. Georqe Street LLC
3• Joseph Rada
4.
❑ Additional names on page of document
LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
Short Plat 99-22 Lot 2, 28-30-09
❑ Additional legal is on page of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
113-780-014
❑ Additional parcel numbers on page of document
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the
document to verify the accuracy or completeness of the indexing information
EMERGENCY NONSTANDARD REQUEST
I am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in
RCW 36.18.010. 1 understand that the recording processing requirements may cover up or otherwise
obscure some part of the text of the original document.
Signature Date
FILED 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. 4597
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED EAST OF HERITAGE BOULEVARD AND NORTH
OF EAST LEWIS STREET, PASCO, WASHINGTON, FROM RT TO C-3.
WHEREAS, Petitioners Vinod Kumar Chaher and 3012 E. George Street LLC c/o Joseph
Rada, seek to rezone two parcels of land located east of Heritage Boulevard and north of East
Lewis Street in Pasco, Washington; 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 June 8, 2022; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioners 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.
Ordinance — Rezone Z 2022-003 - 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
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-3 (General Business) for the real property as shown in Exhibit B
attached hereto and described as follows:
Lots 2 & 3, Short Plat 99-22 Section 28, Township 9 North, Range 30 East, W.M.
Records of Franklin County, WA (Parcels 113780104 and 113780113).
Section 2. This Ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington this 181h day of July, 2022.
Blanche Barajas
Mayor
ATTEST:
Debra Barham, CMC
City Clerk
Published jj, 2-1,
Ordinance — Rezone Z 2022-003 - 2
APPROVED AS TO FORM:
Kerr son Law, PLLC
C' ttorneys
"EXHIBIT A"
CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2022-003 )
Chaher )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on June
8, 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: Lot 2, Short Plat 99-22 (Parcel #113780104).
1.2 General Location: 3004 East George Street.
1.3 Property Size: 4.77 acres (207,785.51 square feet)
1.4 Applicant: Vinod Kumar Chaher, 4623 Tamarisk Dr., Pasco WA 99301
1.5 Request: RT (Residential Transition) to C-3 (General Commercial).
2. ACCESS: The site has access from East Lewis Street via an access easement (Avery Drive;
formerly Pasco Kahlotus Highway).
UTILITIES: The site is currently serviced by a well and on-site septic. Water is available
via a 12" line roughly 400 feet to the west running along the Avery Avenue centerline, and a
6" line approximately 600 feet to the south on East Lewis Street; there is an 8" sewer line
approximately 1,000 feet to the southwest at the corner of Heritage Boulevard and East Lewis
Street.
4. LAND USE AND ZONING: The lot is currently zoned RT (Residential Transition) and
contains one single family unit, a garage, and three outbuildings; a manufactured home was
recently removed from the site. Surrounding properties are zoned and developed as follows:
North: RT SFDU
East: C-3 Vacant
South: I-1 /C- I Industrial
West: I-1 Industrial
COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial
uses. Those portions of the community designated for commercial development by the
Comprehensive Plan could be zone "O", C-1, C-2, C-3 CR and BP. Land Use Goal ED -2
encourages the appropriate location and design of commercial facilities within the City. ED -
Z 2022 003
Chaher
Page 1 of 5
2-B encourages the development of a wide range of commercial uses strategically located to
support local and regional needs.
6. 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 Mitigated Determination of Non -
Significance is likely for this application (WAC 197-11-355).
7. REQUEST: Applicant is seeking to rezone the property at 3004 E George Street from RT
(Residential Transition) to C-3 (General Business) consistent with the Comprehensive Plan
designation for the property.
8. SITE: The current RT zoning designation does not lend itself well to either sales or
development of the properties. Under the current Comprehensive Plan land use designation of
commercial the properties could be zoned for "O", C-1, C-2, C-3, CR, and BP zoning (C-2
zoning is only for the Central Business District).
9. HISTORY: The site was originally annexed into the City in 1979 (Ordinance 2016) as part
of what was called the "Columbia East Annexation Area," and assigned the Residential
Transition zoning designation (Resolution 1202). The RT zone is typically used as a holding
zone for areas that lack utility services. As utilities and infrastructure become available RT
zoned properties are then zoned to match the land use designations of the Comprehensive
Plan.
10. The Rada family owned the properties at the end of the old Kahlotus Highway (north of the
2700 block of E Lewis) for over 50 years. With the construction of the Lewis Street
interchange 3 homes were moved. During that period Heritage Boulevard was realigned and
some industrial uses have been developed to the west of the site. The property now contains
one site -built single-family dwelling unit, a garage, and two outbuildings. One late -model
manufactured home was recently removed from the site.
11. The site is currently accessed by a private road (Avery Avenue) which at one time was part of
the old Pasco Kahlotus Highway. An undeveloped City of Pasco right-of-way is located
along the west border of the site, running south to East Lewis Street, and will need to be
developed prior to or in conjunction with any commercial development on the site
12. REZONE CRITERIA: The initial review criteria for considering a rezone application are
explained in PMC 25.88.030. The criteria are listed below as follows:
12.1 The date the existing zone became effective:
12.1.1 The current zoning classification of RT (Residential Transition) became
effective on 2 January, 1979, upon annexation into the City.
12.2 The changed conditions, which are alleged to warrant other or additional zoning:
12.2.1 Heritage Boulevard has been upgraded and realigned, and some industrial
uses have been developed to the west of the site. The site has been sold, and
the new owner wishes to utilize the site for semi -truck storage. Rezoning the
properties could facilitate development of the site.
Z 2022 003
Chaher
Page 2 of 5
12.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
12.3.1 The proposed zoning request is consistent with the 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 will allow
for development of commercial enterprises in the area, providing job
opportunities for Pasco residents. The effect on the property owner or owners
if the request is not granted:
12.4 The effect it will have on the value and character of the adjacent properties and the
Comprehensive Plan:
12.4.1 A change in zoning classification may ultimately result in the establishment
of commercial services consistent with the Comprehensive Plan. Any
development will require developers to install/upgrade street, utilities and
landscaping in the area, thus improving the value of surrounding properties
on Lewis Street.
12.5 The effect on the property owner or owners if the request is not granted:
12.5.1 Because the RT zoning permits single family homes on a minimum of 5
acres for development, and the property comprises approximately 4.7 acres,
any current residential uses are by default legally nonconforming. The
property owner will be severely limited by the constraints of the RT zoning
designation in his ability to either develop or to sell the property.
13. Applicant wishes to rezone the property at 3004 E George Street from RT to C-3.
14. Applicant wishes to utilize the site for semi -truck storage.
15. The current Comprehensive Plan land use designation is Commercial
16. The Commercial land use designation allows for "O", C-1, C-2, C-3, CR, and BP zoning.
17. The property comprises approximately 4.7 acres.
18. The site was annexed into the City in 1979.
19. The site was assigned RT zoning in 1979 in conjunction with annexation.
20. Heritage Boulevard has been realigned.
21. Industrial uses have been developed to the west of the site.
22. The property contains one site -built single-family dwelling unit, a garage, and two
outbuildings.
23. The site is currently accessed by Avery Avenue, a private road.
24. Avery Avenue was formerly part of the Pasco Kahlotus Highway.
25. An undeveloped north -south City of Pasco right-of-way is located along the west border.
26. The undeveloped north -south City of Pasco right-of-way runs south to East Lewis Street.
27. The undeveloped north -south City of Pasco right-of-way will need to be developed prior to or
in conjunction with any commercial development on the site.
28. The changed conditions, which are alleged to warrant other or additional zoning:
29. The proposed zoning request is consistent with the Comprehensive Plan.
Z 2022 003
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Page 3 of 5
30. The Comprehensive Plan has been determined to be in the best interest of advancing public
health, safety, and general welfare of the community.
31. Any development will require developers to install/upgrade street, utilities and landscaping in
the area.
32. The RT zoning permits single family homes on a minimum of 5 acres for development.
33. Public notice of this hearing was sent to property owners within 300 feet of the property and
in the Tri -City Herald on May 24, 2022.
34. An open record public hearing after due legal notice was held June 8, 2022 via
videoconference.
35. The Applicant did not testify.
36. No member of the public testified at the hearing.
37. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
38. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
II. RECOMMENDED CONCLUSIONS OF LAW
Before recommending approval of this rezone, the Hearing Examiner has developed findings of fact
from which to draw those conclusions based upon the criteria listed in PMC 25.86.060. The criteria
are as follows:
The proposal is in accordance with the goals and policies of the Comprehensive Plan.
i.i The proposal is consistent with the Comprehensive Plan Land Use Map and
Comprehensive Plan Policy LU -4-A, which recommends the City "Locate
commercial facilities at major street intersections to avoid commercial sprawl and
avoid disruptions of residential neighborhoods, and leverage major infrastructure
availability." The sites are within 1,000 feet of the intersection of two arterial streets;
Heritage Boulevard, a major truck route, and East Lewis Street.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 The immediate area is shown in the Comprehensive Plan for Commercial zoning.
Commercial zoning permits the C-3 (General Commercial Medium) zoning district.
The proposed rezone is consistent with the referenced plans and will not be
detrimental to future nearby developments that will need to conform to the provision
of the plans. The current structures are legally nonconforming and will remain that
way regardless of whether the zoning remains RT or changes to C-3.
3. There is merit and value in the proposal for the community as a whole.
3.1 The proposed zoning is consistent with the Plan's Land Use Map. The sites are
located within 1,000 feet of a major truck route (Heritage Boulevard);
Comprehensive Plan Policy LU -4-A requires the City to "Locate commercial
facilities at major street intersections to avoid commercial sprawl and avoid
disruptions of residential neighborhoods, and leverage major infrastructure
Z 2022 003
Chaher
Page 4 of 5
availability." The proposal is supported by land use goals and policies contained in
the Comprehensive Plan.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
4.1 The Pasco Municipal Code includes design standards for commercial development. If
or when applicants pursue the development of these properties, they will be required
to conform to design standards established by the PMC. No special conditions are
proposed.
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 considered necessary for this application.
6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
III. RECOMNIENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL that Lot 2, Short Plat 99-22 (Parcel #113780104) located at 3004
East George Street be rezoned from RT (Residential Transition) to C-3 (General Commercial).
Dated this _ ay of June, 2022.
Z 2022 003
Chaher
Page 5 of 5
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