HomeMy WebLinkAbout4616 Ordinance - Ramgar Commons Rezone O to R-1 C-1 (Z 2022-010) - RECORDED AFN#196g035 ORDIN
10/26/2022 12:05 PM
9 Pa9e(s)$211.50
Matt Beaton,q�itor
Franklin Co.,Wq
FRANKLIN COUNTY RECORDING
COVER SHEET
NAME AND RETURN ADDRESS:
City of Pasco
525 N. Third Avenue
Pasco, WA 99301
FORM COMPLETED BY: Krystle Shanks PHONE# (509)544-3096
PLEASE PRINT OR TYPE INFORMATION:
DOCUMENT TITLE(S) (or transaction contained therein)
�, Ordinance No. 4616
2. Ramgar Commons Rezone-C-1 & R-1
3. Z2.o2.�-ot6
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. Platinum Homes
2. US Connections LLC
3.
4.
� Additional names on page of document
LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
23-29-09, W2SE4SW4SE4, EXC N 280' &23-9-29 EXC RD 42& S 36' FOR COURT ST
� Additional legal is on page of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
119-154-120
❑ 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. I 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 3`a Avenue
Pasco,WA 99301
ORDINANCE NO. 4616
AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF
ROAD 42 AND WEST COURT STREET,PASCO,FRANKLIN COUNTY,WA.,
FROM OFFICE TO C-1 AND R-1.
WHEREAS, Priscilla Trujillo, acting on behalf of Petitioner, Platinum Homes, seeks to
rezone Parcel No. 119154120, located at 4109 West Court Street, Pasco, Washington; and
WHEREAS,a complete and adequate petition for change of zoning classification meeting
the requirements of 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 September 14, 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 will be 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 (fl the proposal is consistent with and
satisfies all criteria in PMC Section 25.210.060; 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 reference as Exhibit A.
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 "O"
(Office)to C-1 (Retail Business; approximately the south half of property); and R-1 (Low-Density
Ordinance Ramgar Commons Rezone(Z 2022-010)-- 1
Residential; approximately the north half of the property), for the real property as shown in the
Exhibit B attached hereto and described as follows:
The West 1/z of the Southeast '/ of the Southwest '/ of the Southeast 1/ of Section
23, Township 9 North, Range 29 East(Parcel 119154120).
Comprising approximately 2.89 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 17th day of October,
2022.
Blan araj s
Mayor
ATTEST: APPROVED AS TO FORM:
� �
� L��
Debra Barham, CMC err Fe on Law, PLLC
City Clerk City �� orneys
Published: ��i c.�/ �ZZ
Ordinance Ramgar Commons Rezone(Z 2022-010)--2
"EXHIBIT A"
CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
) FACT,RECOMIVIENDED
) CONCLUSIONS OF LAW,
) AND RECOMMENDED DECISION
Z 2022-010 )
Platinum Homes )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
September 14, 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 Let�al: The West 1/z of the Southeast '/4 of the Southwest t/<of the Southeast '/4 of
Section 23,Township 9 North,Range 29 East(Parcel 119154120).
1.2 General Location: Said property is situated at the northeast corner of Road 42 and
West Court Street, Pasco, Franklin County, WA.
1.3 Pronerty Size: Approximately 2.89 acres(126,2'77.29 square feet).
1.4 Apvlicant: Platinum Homes, c/o Priscilla Trujillo, 606 S. Huntington Place,
Kennewick WA 99336.
1.5 Reauest: Rezone Parce1119154120 from"O"(Office)to C-1 (Retail Business)and
R-1 (Low-Density Residential).
2. ACCESS: The parcel has access from West Court Steet.
3. iITILITIES:Municipal water and sewer are available in West Court Street and West Ruby
Street.
4. LAND USE AND ZONING: The lot is zoned"O"(Office)and is developed with a Single-
family Dwelling Unit(SFDU). Surrounding properties are zoned and developed as follows:
North: RS-12 SFDUs
East: R-1/O SFDUs/Off'ices
South: RS-12 VacanbSFDUs
West: R-1/RS-12 SFDUs
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the north half of the site is
intended for Low-Density Residential development.According to the Comprehensive Plan,
the Low-Density Residential designation allows for Single family residential development at
a density of 2 to 5 dwelling units per acre.Zoning may include R-S-20,R-S-12,R-S-1,R-1,
R-1-A, and R-1-A2.The Comprehensive Plan indicates the south half ofthe site is intended
Z 2022 O10
Platinum Homes
Page l of 5
for Commercial development.According to the Comprehensive Plan,the Commercial
designarion allows Neighborhood,community and regional shopping and specialty centers,
business parks,service and office uses.Zoning may include O,BP,C-1, C-2,C-3, and CR.
6. ENVIRONMENTAI.DETERMINATION: The City of Pasco is the lead agency for this
project.Based on the SEPA checklist(SEPA 2020-072),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 22
August 2022 under WAC 197-11-340(2). This DNS was not appealed.
7. REQUEST: Priscilla Trujillo, on behalf of Platinum Homes, submitted a rezone application
(Z 2022-010)from "O"(Office)to C-1 (Retail Business) and R-1 (Low-Density Residential),
for the West %z of the Southeast '/4 of the Southwest '/< of the Southeast '/4 of Section 23,
Township 9 North,Range 29 East(Parcel 119154120)located at 4109 West Court Street.
8. SITE:The site comprises approximately 2.89 acres(126,277.29 square feet)and is developed
with a single-family dwelling unit, which was built around 1943. The balance of the properiy
vacant. The Comprehensive Plan designates the north half of the lot "Low-Density
Residential." The "Low-Density Residential" designation allows for R-S-20, R-S-12, R-S-1,
R-1, R-1-A, and R-1-A2 zoning and may be developed with Single family residential
development at a density of 2 to 5 dwelling units per acre. The south half of the site is
intended for Commercial development. The Plan allows neighborhood, community and
regional shopping and specialty centers,business parks,service and office use in Commercial
designated areas.
9. HISTORY: The site was annexed into the City in 1989 (Ordinance 2740; Amended with
2746) and assigned O(Office)zoning in conjunction with the annexation (Ordinance 2742).
The site has not been rezoned since. The site has been subject to at least 12 code violation
complaints and 9 Code Board cases between 2004 and present.No street rights-of-way have
been dedicated.
10. 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:
10.1 The date the existing zone became effective:
10.1.1 The site was assigned O (Office) zoning in conjunction with the 1989
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 The property is considered "infill" property as development has occurred
around it.
10.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
103.1 A rezone of this parcel from O to R 1 and C-1 is logical because it is located
in an area that is already developed with both low-density residential and
commercial uses. The site has been subject to at least 12 code violation
complaints and 9 Code Board cases between 2004 and present. Development
of the site with residential and commercial uses could improve the overall
look of the neighborhood.
Z 2022 O10
Platinum Homes
Page 2 of 5
10.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
10.4.1 The site has been subject to at least 12 code violation complaints and 9 Code
Board cases between 2004 and present. Development of the site with
residential and commercial uses would improve the value and character of
the adjacent property. The proposed rezones would align with the intent of
the Comprehensive Plan.
10.5 The effect on the property owner or owners if the request is not granted:
10.5.1 The likely scenario is that the property would remain underdeveloped and
continue as a nuisance in the neighborhood.The properiy could be developed
with office uses.
10.6 The Comprehensive Plan land use designation for the property
10.6.1 The Comprehensive Plan designates the north half of the lot "Low-Density
Residential."The "Low-Density Residential" designation allows for R-S-20,
R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zoning and may be developed with
Single family residential development at a density of 2 to 5 dwelling units
per acre. The south half of the site is intended for Commercial development.
The Plan allows neighborhood, community and regional shopping and
specialty centers, business parks, service and office uses in Commercial
designated areas.
10.7 Such other information as the Hearing Examiner requires
10.7.1 No rights-of-way have been dedicated around the site. Rights-of-way would
need to be dedicated in conjunction with any future development. The
amount of land required for rights-of-way is substantial, consisting of a 40-
foot dedication along West Court Street, 30 feet along Road 42, and
approximately 60 feet of dedication along West Ruby Street. The resulting
parcel would be around 78,395.58 square feet. Both West Court Street and
Road 42 have been developed and used as public right-of-way for many
years. Ruby Street has never been developed to City street standard, and
remains a gravel road.
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 August 22, 2022.
12. An open record public hearing after due legal notice was held September 14,2022,with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
13. Appearing and testifying on behalf of the applicant was Priscilla Trujillo. Ms. Trujillo
testified that she was an agent of the Applicant and property owner and authorized to testify
on their behalf. She indicated that he was in agreement with the representations set forth in
the staff report.
14. No member of the public testified at the hearing.
15. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
Z 2022 O10
Platinum Homes
Page 3 of 5
16. 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 25.210.060. The criteria
are as follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
1.1 The Comprehensive Plan designates the north half of the lot "Low-Density
Residential."The"Low-Density Residential" designation allows for R-S-20, R-S-12,
R-S-1, R-1, R-1-A, and R-1-A2 zoning and may be developed with Single family
residential development at a density of 2 to 5 dwelling units per acre. The proposal is
consistent with the Comprehensive Plan Land Use Map and Comprehensive Plan
Policy Land Use Goals. H-1 Encourages housing for all economic segments of the
city's population. The south half of the site is intended for Commercial development.
The Plan allows neighborhood, community and regional shopping and specialty
centers, business parks, service and office use in Commercial designated areas. The
proposal is consistent with the adopted City Comprehensive Land Use Map and
several policies and goals. Policy LU-3-D, encourages mixed-use development
including neighborhood scale shopping areas; ED-2-B, development of a wide range
of commercial uses strategically located to support local and regional needs.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 The Comprehensive Plan designates the north half of the lot "Low-Density
Residential,"and the south half of the site"Commercial."
2.2 The Low-Density Residential designation allows for R-S-20, R-S-12, R-S-1, R-1,
and/or R-1-A zoning district. The proposed rezone is consistent with the
Comprehensive Plan; As such, this proposal will not be materially detrimental to any
future nearby developments.
2.3 The "Commercial" classification permits the C-1 (Retail Business District) and is
consistent with referenced plans.The proposal will not be detrimental to existing and
future developments within the vicinity.
2.4 The City Council has deemed the Comprehensive Plan as the planning vehicle to
promote the best interests of the community. The rezone will facilitate the
development of new commercial and residential uses in a safe and sanitary
development providing employment opportunities, shopping, and housing for Pasco
residents.
3. There is merit and value in the proposal for the community as a whole.
3.1 The two proposed zoning designations are both consistent with the Comprehensive
Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council.
Based on past experience with rezoning underutilized land adjacent to existing
subdivisions, the proposed rezone will not negatively impact adjoining properties.
Rezoning the property will assist with the implementation of the Comprehensive
Plan.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
Z 2022 O10
Platinum Homes
Page 4 of 5
4.1 The Pasco Municipal Code includes design standards for residential development.
Furthermore, with a rezone the area would need to be re-platted to meet current City
subdivision standards. The Preliminary Platting process requires review through the
Hearing Examiner. If or when applicants pursue the development of this property,
they will be required to conform to subdivision and 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 If or when applicants pursue the development of this property, they will be required
to conform to subdivision and design standazds established by the PMC. No
ConcomitantAgreement is 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. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL that the West '/Z of the Southeast '/< of the Southwest '/< of the
Southeast '/4 of Section 23,Township 9 North, Range 29 East(Parcel 119154120 , situated along the
west side of West Court Street, Pasco, Franklin County, WA Washington, be rezoned from "O"
(Office) to C-1 (Retail Business) for the approximately south half located along West Court Street
and R-1 (Low-Density Residential)for approximately the north half bordering West Ruby Street.
Dated this �,�--day of September,2022.
CITY�OF SC R�NG EXAMINER
� --�--- �
ew L.Kottkamp
Z 2022 O10
Platinum Homes
Page 5 of 5
Item: Rezone -Ramgar Commons - O�ce to C-1 & R-1 N
"�Xhibit B" Applicants: Platinum Homes
�'iie #: Z 2022-010
� � __ � �� � � � � � � � � , � _-� � ° c�
� � o � a c� E
, �.. ,
� �
_� � �___�.
� _ w a�►-t�sr -- —
�
i � -_:� - � (�1 (��.___ �� �7 � � �
i - � � -' �, � —� , � � + ��
� � � �
� �TI �
� � ° �� �j���'''L.� � I= � 1I �
� �"t�.r_.. . r t-.J i i
�-. . ..._:...- - � � � � ��� I �
�� _
W Rl3BY ST - �
- W RUBY ST '
� ���_.. � � � I ��1 � - ��
' �' ;� [] � � ��,�,,, �� � � �� _W i ,d - � r�
I� � o , � ..
¢ � --,°Q - �.. ,ti ��, �c'' __� a I
' � .—._ � —l. — ❑ . � o � � � � ��
f _ � �:a C_� � � c� � ---. �� -
. �,. �.�<<.: � --- -
w-couR�-�r -_L 1
� r ;� -I -� - .�_
� ''�,� �-----� :
� � ' � '
'', � � ____
, ��._- ._ . � � - - -
_ -� W BRQWN Pt' �
.� T �-`�� •,� -_ I i
17U 144 280 420 r � � ^�� li E_.._.1 '
�J �� , — -- �
� _ W BRL7WN ST
Feet � - � ,-.-�,.�; _ � � �