HomeMy WebLinkAbout4617 Ordinance - Magnolia Heights Rezone O C-1 to R-3 (Z 2022-011 012) - RECORDED AFN#1968036 ORDIN
10l26/2022 12:05 PM
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Matt Beaton.Auditor
Franklin Co.,WA
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)
1. Ordinance No. 4617
2: Wilson & Rocky Hils Management Rezone-"O"and C-1 to R-3
3� Z2022-011 and Z2022-012
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. Wilson & Rocky Hills Management
2. P&R Construction LLC
3- Paul Lavrentiev
4� Ruth Wilson (Co-Trustees)
� Additional names on page of document
LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
18-29-09, PEPPERMINT TERRACE 3RD LOT 22, BLK 2
� Additional legal is on page of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
118-211-024
� 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`d Avenue
Pasco,WA 99301
ORDINANCE NO. 4617
AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED SOUTH OF CHAPEL HILL
BOULEVARD AND WEST OF ROAD 100/BROADMOOR BOULEVARD.
WHEREAS, Paul Lavrentiev, acting on behalf of Petitioner, P&R Construction LLC,
seeks to rezone Parcels 118170104, 118170168, 118211033, 1 1 82 1 1 042, 118211051, 118211060,
1 l 8211079, 118211088, 118211097, and 1 1 82 1 1 024, located south of Chapel Hill Boulevard and
west of Road 100/Broadmoor Boulevard, 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 (� 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"
Ordinance-Magnolia Heights Rezone(Z 2022-011 &012)- 1
(Office) and C-1 (Retail Business) to R-3 (Medium-Density Residential) for the real property as
shown in the Exhibit B attached hereto and described as follows:
Parce1118170104:
Tract 1-L of a portion of the northeast 1/ of Section 18, Township 9 North Range
29 East, WM., Franklin County WA., described as follows:
Beginning at the Northeast corner of Section 18 and running thence North 89° 42'
West 1220.7 feet; thence South 46° 45' West 85.3 feet; to the True Point of
Beginning; thence South 46° 45' West 767.5 feet; thence South 54° 12' East 223.4
feet; thence North 46° 45' East 731.7 feet to a point on the south ROW line of the
FCID Canal;thence northwesterly along said south ROW line 222.6 feet to the True
Point of Beginning.
Parcel 118170168:
All the portion of the northeast '/ lying southeast of Section 18, Township 9 North
Range 29 East, Road 108, and south of the FCID Canal, EXCEPT Tracts 1-L and
1-M, and EXCEPT Peppermint Terrace 3rd and EXCEPT a portion dedicated to the
State of Washington for SR-18-2 (413784), and EXCEPT a portion defined as
follows:
Commencing at the northeast corner of said Section 18; thence South 02° 25' West
along the east line of said section, 1303.6 feet;thence South 46°45' West along the
northwesterly line of the Plat of Peppermint Terrace 3rd Addition, 1187.11 feet to
the True Point of Beginning; Thence South 46° 45' West, 2234.78 feet to the north
ROW margin of West Court Street;thence North 43° 15' West along the said north
RO�V margin, 125 feet; thence North 46° 44' East, 215 feet; thence North 43° 15'
West,409.79 feet;thence South 02° 13' West, 301.54 feet to the north ROW margin
of West Court Street; thence North 43° 15' West along said ROW margin, 42.08
feet to the center line of Road 108; thence North 02° 13' East along the centerline
of Road 108, 1670.47 feet to the intersection of the southwesterly ROW margin of
Crescent Road; thence North 46°42' East along said southerly ROW margin,51.34
feet; thence South 43° 14' East, 1090 feet; thence North 46° 45' East 778.99 feet;
thence South 43° 14' East, 657.51 feet to the True Point of Beginning.
Parce1s118211033 118211042 118211051 118211060 118211079 118211088
118211097, and 118211024:
Lots 22 through 29 inclusive, Block 2, of the Plat of Peppermint Terrace Third
Addition, as recorded in Volume "D" of Plats, Page 27, Records of Franklin,
Washington EXCEPT THAT portion of Lots 27, 28, and 29, Block 2, of said Plat
of Peppermint Terrace Third Addition acquired by the State of Washington by that
Ordinance-Magnolia Heights Rezone(Z 2022-011 &012)-2
certain Warranty Deed recorded in Volume 153 of Official Records, Page 654,
Records of Franklin County, Washington.
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 17�' day of October,
2022.
Blanche Bara�as
Mayor
ATTEST: APPROVED AS TO FORM:
� `
Debra Barham, CMC Kerr Fer � } aw, PLLC
City Clerk City� orneys
Published: �� o "�i
Ordinance-Magnolia Heights Rezone(Z 2022-011 &012)-3
"tXHltill 1�"
CITY OF PASCO HEARING EXAMIlVER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
) FACT,RECOMMENDED
) CONCLUSIONS OF LAW,
) AND RECOMMENDED DECISION
Z 2022-011 and Z 2022-012 )
P&R Construction LLC )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing E�miner 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 DESCRII'TION:
1.1 LeQal: Parcels 118211033, 118211042, 118211051,118211060, 118211079,
118211088, 118211097,and 118211024:
PEPPERMINT TERRACE 3RD LOTS 22-29 BLK 2 EXC PTN TO ST OF WA
FOR SR182(413784)
Parce1118170168:
ALL TH PTN NE4 LY SE OF 15-9-29 RD 108&S OF FCID CANAL,EXC TR'S 1
-L& 1-M&EXC PEPPERMINT TERRACE 3RD&EXC PTN TO ST OF WA
FOR SR18 2 (413784)EXC PTN DAF:
COMM AT NE COR SD SEC 18;TH S02D25'W ALG E LN SD SEC, 1303.6;TH
S46D45'W ALG NWLY LN PLAT OF PEPPERMINT TERR 3RD ADDN, 1187.11'
TO TPOB;TH S46D45'W,2234.78'TO N R/W MARG WEST COURT ST;TH
N43D15'W ALG SD N R/W MARG, 125;TH N46D44`E,215; T'H N43DI5'W,
409.79;TH S02D13'W,301.54'TO N R/W MARG W COURT ST;TH N43D15'W
ALG SD N R/W MARG,42.08'TO CTRLN ROAD 108;TH NO2D13B ALG
CTRLN RD 108, 1970.47'TO INTERSECT SLY R/W MARG CRESCENT RD; TH
N46D42'E ALG SD SLY R/W MARG, 51.34'; TH S43D14', 1090; THN46D45'E
778.99; TH S43D14'E,657.51'TO TPOB.
Parcel 118170104:
TRACT 1-L PTN NFA 18-9-29 BEG AT NE COR OF SEC 18&RUNNING TH
N89d42'W 1220.7'; TH S46d45'W, 85.3'TO TPOB;TH S46d45'W 767.5;TH
S54d12'E 223.4; TH N46d45'E 731.7'TO A PT ON S R/W LN OF F CID CANAL;
TH NWLY ALG SD S R/W LN 222.6'TO TPOB).
1.2 General Location: Said property is located south of Chapel Hill Boulevard and west
of Road 1 OOBroadmoor Boulevard,Pasco,Franklin County,WA.
1.3 Pronertv Size: Approximately 67.89 acres(2,957,455.24 square feet).
1.4 Aaplicant: P&R Construction LLC c/o Paul Lavrentiev, 105609 Wiser Parkway,
Kennewick,WA 99338.
Z 2022 O11 and 2022 012
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Page 1 of 7
1.5 Re uest:Rezone"Magnolia Heights"Rezone from"O"(Office)and C-1 (Retail
Business)to R-3 (Medium-Density Residential).
2. ACCESS: The parcels have access from Broadmoor Boulevard/Road 100,Crescent Drive,
and Chapel Hill Boulevard.
3. UTILITIES: Municipal water and sewer are available in Broadmoor Boulevard/Road 100,
Crescent Drive, and Chapel Hill Boulevard.
4. LAND USE AND ZONING: The site is zoned"O"(Office)and C-1 (Retail Business)and
is vacant. Sunounding properties are zoned and developed as follows:
North: R-3;R-4;C-1 Vacant;Apartments;Offices/Commercial
East: C-1; R-1;RS-12 Vacant; SFDUs
South: RS-12;RS-20 SFDUs
West: RS-12;R-3 Church, SFDUs;Vacant
5. COMPREHENSIVE PLAN: The Comprehensive Plan has recently been updated and
approved by City Council.The site has been designated"Medium-Density Residential"by
the Comprehensive Plan Land Use Map.The"Medium-Density Residential"designation
allows for R-2 through R-4 and RP zoning,and single-family dwellings,patio homes,
townhouses, apartments,and condominiums are all appropriate for this area.Residential
density may range from 6 to 20 dwelling units per acre.
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)or Mitigate Determination of Non-Significance
(MDNS)is anticipated for this project under WAC 197-11-158.
7. REQUEST: P&R Conshuction LLC c/o Paul Lavrentiev has submitted two rezone
applications (Z 2022-0�11 &Z 2022-012)from "O" (Office)and C-1 (Retail Business)to R-3
(Medium-Density Residential), for portions of land in Secrion 18, Township 9 North, Range �
29 East, Pasco, Franklin County, WA (Parcels 118170104, 118170168, 118211033,
1 1 821 1 042, 1 1 821 1 05 1, 1 1 82 1 1 060, 1 1 821 1 079, 1 1 82 1 1 088, 1 1 82 1 1 097, and 1 1 821 1024)
located south of Chapel Hill Boulevard and west of Road 100/Broadmoor Boulevard.
8. SITE:T'he site comprises approximately 67.89 acres(2,957,455.24 square feet)and is vacant.
The Comprehensive Plan designates the site "Medium-Density Residential;" the "Medium-
Density Residential" designation allows for R-2 through R-4 and RP zoning; single-family
dwellings, patio homes, townhouses, apartments, and condominiums are all appropriate for
"Medium-Density Residential" designated areas. Residential density may range from 6 to 20
dwelling units per acre.
9. HISTORY: The site was annexed into the City in 2001 (Ordinance 3462) and assigned RS-
12 (Low-Density Residential) and RS-20 (Low-Density Residential) zoning in conjunction
with the annexation. The site was rezoned from RS-12 and RS-20 to C-1 (Retail Business)
and O (Office) in 2002 (Ordinance 3540) with a concomitant agreement. Conditions for the
Concomitant agreement are as follows:
9.1 A. The development shall comply with the following requirements:
Z 2022 O11 and 2022 012
P&R Construction LLC
Page 2 of 7
9.1.1 A landscaped buffer area of at least 20 feet shall be provided along the
boundary of all commercial and office zones that abut a residential zone
except along the interface with the LDS Church property. The buffer area
shall be constructed in a park-like manner and shall contain a dense
coniferous tree barrier.
9.1.2 No parking lots shall be permitted between future office and commercial
buildings and residential properties.
9.13 All mechanical equipment must be screened from adjoining residential
property.
9.1.4 Maximum building heights in the office zone shall be 35 feet.
9.1.5 Signs within the office zone shall not be taller than the building they identify.
9.1.6 Signs within the Gl zone shall not be taller than 35 feet.
9.1.7 Lighting on office buildings shall be shielded so as not to encroach upon
residential properties. Night lighting on commercial buildings shall also be
shielded from Short Plat 79-18 and residential properties west of Crescent
Drive.
9.1.8 No parking lots shall be located in the front yards areas of future business
located adjacent Crescent Drive.
9.1.9 The front yard setback for all properties adjacent Crescent Drive shall be at
least 20 feet.
9.1.10 No parking lots shall be permitted between future buildings and the westerly
line of Short Plat 79-18 and the westerly in the Baptist Church property.
9.1.11 The following uses sha11 not be permitted; taverns, or any other structure
whose principal use is the sale, use or consumption of alcoholic beverages,
dance halls, skating rinks, bowling alleys, amusement game centers, billiard
and pool halls, membership clubs except health clubs, fraternal
organizations, auto detail shops, automotive/truck repair, mini-storage and
upholstery shops.
9.1.12 'The following described tract within the C-1 zone shall be reserved for
Assisted Living purposes and will require a special permit at a future date;
Beginning at the intersection of the FCID canal right-of-way and the east
right-of-way line of Crescent Drive; thence southerly along the east right-of-
way line of Crescent Drive for a distance of 1,145 feet to the True Point of
Beginning; thence S 42°23'OS" E for a dista.nce of 335 feet; thence S
46°27'10" W to the intersection with the northerly line of Ta�c Parcel # 118-
170-159; thence northwest along the north line of said Tax Parcel to the
intersection with the east right-of-way line of Crescent Drive; thence
northerly along Crescent Drive to the True Point of Beginning.
10. A portion of the site has been farmed with a pivot irrigation system.
11. 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:
11.1 The date the existing zone became effective:
11.1.1 The site was assigned RS-12 (Low-Density Residential) and RS-20 (Low-
Density Residential} zoning in conjunction with the 2001 annexation. The
site was rezoned from RS-12 and RS-20 to C-1 (Retail Business) and O
(Office)with a concomitant agreement, in 2002(Ordinance 3540).
Z 2022 O11 and 2022 012
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Page 3 of 7
11.2 The changed conditions,which are alleged to warrant other or additional zoning:
11.2.1 The site is considered "infill" property as development has occurred around
it. City Council has recently approved an update to the Comprehensive Plan.
The Land Use Element of the Plan now designates the site"Medium-Density
Residential." This alone is a sufficient changed condition. The "Medium-
Density Residential" designation allows for R-2 through R-4 and RP zoning
and may be developed with single-family dwellings, patio homes,
townhouses, apartments, and condominiums. Residential density may range
from 6 to 20 dwelling units per acre in the "Medium-Density Residential"
designated area.
113 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
11.3.1 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. The rezone would a11ow
for residential density between 6 to 20 dwelling units per acre.
11.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
11.4.1 A change in zoning classification may ultimately result in the development of
residential use that may include single-family dwellings, patio homes,
townhouses, apartments, and/or condominiums, all of which are appropriate
for this land use designation, in alignment with the Land Use Element of the
Comprehensive Plan.The rezone application is consistent with and meets the
intent of the newly revised and approved goals and policies of the
Comprehensive Plan. Althuugh there was public testimony, primarily from
neighbors of the rezone, about the project planned for the site if the rezone is
approved, the fact remains that residential use, at densities allowed by R-3
zoning,is completely consistent with neighboring uses.
11.5 The effect on the property owner or owners if the request is not granted:
11.5.1 If the site remains with the current zoning designations the site would likely
continue to remain vacant, as the property does not front on an arterial street,
and residential demand is currently outpacing commeroial in the area.
10.6 The Comprehensive Plan land use designation for the property
10.6.1 The City Council has recently approved an update to the Comprehensive
Plan; The Land Use Element of the Plan now designates the lot "Medium-
Density Residential."The"Medium-Density Residential" designation allows
for R-3 zoning and may be developed with single-family dwellings, patio
homes, townhouses, apartments, and/or condominiums, all of which would
be appropriate for this area.R-3 zoning is consistent with the Comprehensive
Plan designation.
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 Goals on housing. The opportunity
Z 2022 Ol l and 2022 012
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Page 4 of 7
for additional higher-density residential uses in this area supports the Land
Use Element of the Comprehensive Plan.
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. The Applicant wishes to rezone a site located south of Chapel Hill Boulevard and west of
Road l 00Broadmoor Boulevard from "O"and C-1 to R-3.
13. 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.
14. Appearing and testifying on behalf of the applicant was Christy Batayola. Ms. Batayola
testified that she was an agent of the Applicant and property owner and authorized to testify
on their behalf. She indicated that she was in agreement with the representations set forth in
the staff report. She testified that a traffic impact study would be conducted before any
development.
15. The following members of the public testified at the hearing:
15.1 Jeff Grimes. Mr. Grimes testified as to his concerns regazding traffic and
neighborhood safety.
15.2 Christy Franklin. Ms. Franklin testified as to her concerns regarding school
overcrowding.
153 Brian Tun esvik. Mr. Tungesvik testified consistent with his letter and the petition
that he filed. He is of the opinion that there is too much residential growth in Pasco
and that the infrastructure and schools are not keeping up with this growth.
15.4 David Solem. Mr. Solem's concerns regarded traffic and safety.
15.5 Justin Stone. Mr. Stone was opposed to the rezone indicating that office and
commercial space for development is needed.
15.6 Karen Alan. Ms. Alan is opposed to the project. She signed the petition that was
circulated. She stated that in her observation there are many accidents on Road 100
and there is simply too much traffic in the area already.
15.'7 David Hannum.Mr.Hannum is opposed to the project.He was in agreement with the
testimony of others and added radio frequency contamination to his list of concerns.
15.8 Wendv Thomnson. Ms. Thompson was opposed to the rezone citing traffic and
density concerns.
16. The staff report, application materials, agency comments and the entire file of record were
admitted into the record. Also included were the following written comments submitted after
the issuance of the staff report:
16.1 September 4,20221etter from Brian Tungesvik.
16.2 September 12,2022 email from Bryce Geiger.
16.3 September 12,2022 email from David Wilson.
16.4 August 28, 2022 from Jeff Grimes.
16.5 September 14,2022 email from David Harley.
Z 2U22 O11 and 2022 012
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16.6 September 1,20221etter from Kent Toyoda.
16.7 September 12,20221etter from Marilou Shea.
16.8 September l,20221etter from Kent Toyoda.
16.9 September 13,2022 telephone message from Lilly Williamson.
16.10 September 14,2022 telephone message from Dave Solem.
16.11 "Petition to Stop Rezoning of Land"submitted by Brian Tungesvik.
17. Public testimony at the open record public hearing, and written comments made part of the
record that were presented before the hearing, in opposition to the rezone, were primarily
focused not on the particular requirements for rezone, but instead were opposed to the site
plan evidencing the development that the Applicant may submit to the City of Pasco.
Although this testimony is arguably relevant to the specific rezone criteria regarding the
effect of the rezone on the value and character of adjacent property, the opponents were not
specifically challenging the rezone,but instead were challenging the scope of the site plan the
Applicant submitted along with the rezone application.
18. The Hearing Examiner allowed all this testimony and evidence to be admitted into the record
in the event the Pasco City Council finds this testimony relevant, or even dispositive of this
rezone request. The Hearing Examiner repeatedly reminded members of the public that were
testifying that I was specifically interested in the specific criteria that the Applicant must
demonstrate in order for a rezone to be permitted. However, as City Council will hear from
the hearing transcript,the public testimony in opposition to this project was not necessarily in
opposition to the rezone,but to the site plan that was submitted with the appiication materials.
19. 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 City Council has recently approved an update to the Comprehensive Plan; The Land
Use Element of the Plan now designates the lot "Medium-Density Residential." The
"Medium-Density Residential" designation allows for R-3 zoning and may be
developed with townhouses and apartments.Residential density may range from 6 to
20 dwelling units per acre in the"Medium-Density Residential"designated area. The
proposal also aligns with the following Comprehensive Plan Goals and Policies:
l.l.l Land Use Policy LU-4-A: Encourage infill and higher density uses within
proximity to major travel corridors and public transportation service areas.
1.1.2 Housing Goal H-l: Encourage housing for all economic segments of the
city's population consistent with the local and regional market.
1.1.3 Housing Policy H-1-A: Allow for a full range of housing including single
family homes, townhouses, condominiums, apartments, manufactured
housing, accessory dwelling units, zero-lot-line, planned unit developments,
etc.
2. The effect of the proposal on the immediate vicinity will nvt be materially detrimental.
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Page 6 of 8
2.1 The Comprehensive Plan has recently been updated for the area and the Land Use
Element of the Plan now designates the lot"Medium-Density Residential."
2.2 The "Medium-Density Residential" designation allows for R-3 wning and may be
developed with single-family dwellings, patio homes, townhouses, apartments,
and/or condominiums.
23 The application for rezone is consistent with the Comprehensive Plan Land Use
Element and meets the intent of the Goals and Policies for the property. The proposal
will not be materially detrimental to the immediate vicinities.
3. There is merit and value in the proposal for the community as a whole.
3.1 The proposed zoning designation is 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.
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. The Design and Construction Standards require a Traffic
Study for proposals that generate 25 or more peak hour lrips.
4.2 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
Heazing 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 standards established by the PMC. No
Concomitant Agreement 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 of Z 2022 O 11 and Z 2022 012,that portions of land in Section 18,
Township 9 North, Range 29 East, Pasco, Franklin County, WA located south of Chapel Hill
Boulevard and west of Road 100Broadmoor Boulevard(Parcels 118170104, 118170168, 118211033,
118211042, 118211051, 118211060, 118211079, 118211088, 118211097, and 118211024) be
rezoned from"O"(Office)and C-1 (Retail Business)to R-3(Medium-Density Residential).
Z 2022 O11 and 2022 012
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Page 7 of 8
Dated this?�y of September, 2022.
CITT� P SCO �EA G EXAMINER
` yi ��
,
Ari reR L.Kottkamp
Z 2022 O11 and 2022 012
P&R Construction LLC
Page 8 of 8
Item: Rezone - Wilson & Rocky Hil�s Management - "Q" & C-1 ta R-t�
'� " X�ilblt B�� �P�`�Ycant�s}: P&R Construction LLC - Paul i.a�rentiev
File #: Z 2022-011 & Z 2022-012
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