HomeMy WebLinkAbout4684 Ordinance - TSK Kidwell Rezone from R-4 to C-1 (Z 2023-004) - 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. 4684
AFN # 1978924 ORDIN
09/28/2023 01:37 PM
11 Page(s) $213.50
Matt Beaton. Auditor
Franklin Go., WA
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED ALONG THE NORTHWEST CORNER OF THE
INTERSECTION OF BURNS ROAD AND BROADMOOR BOULEVARD,
PASCO, FRANKLIN COUNTY, WASHINGTON, FROM R-4 (HIGH-DENSITY
RESIDENTIAL) TO C-1 (RETAIL BUSINESS).
WHEREAS, the Petitioner, Stacy Kidwell, on behalf of TSK 2019 LLC, seeks to rezone
Parcel No. 115180065, in Pasco, Franklin County, 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 of
Pasco (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 July 12, 2023; 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 (f) the proposed rezone is consistent with
and satisfies all criteria set forth 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:
Ordinance - Rezone Z 2023-004 — TSK 2019 LLC - 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 R-4
(High -Density Residential) to C-1 (Retail Business) for the real property as shown in the Exhibit
B attached hereto and described as follows:
Lot 1 Short Plat 2019-09 (Parcel No. 115180065).
Comprising approximately 3.9 acres
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word
of this Ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this
Ordinance.
Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this Ordinance, including scrivener's errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 4. Effective Date. This Ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington this 18'h day of September,
2023.
Blanche Barajas
Mayor
ATTEST:
De ra Barham, CMC
City Clerk
Published:
Ordinance - Rezone Z 2023-004 — TSK 2019 LLC - 2
APPROVED AS TO FORM:
Kerr Fer aw, PLLC
Cityeys
Exhibit "A"
CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2023-004 )
TSK 2009 LLC )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on July
12, 2023, 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
PROPERTY/APPLICATION DESCRIPTION:
1.1 lomat Lot I Short Plat 2019-09 (Parcel 115180065).
1.2 General Location: At the northwest corner of Burns Road and Broadmoor Boulevard.
1.3 Propel1y Size: Approximately 3.9 acres (172102.0 square feet).
1.4 Request: TSK 2009 LLC Rezone from R4 (High -Density Residential) to C-1 (Retail
Business).
2. ACCESS: The parcel has access from Burns Road and Broadmoor Boulevard.
UTILITIES: Municipal water and sewer are available from both Burns Road and Broadmoor
Boulevard.
4. LAND USE AND ZONING: The site is zoned R-4 (High -Density Residential) and is
vacant. Surrounding properties are zoned and developed as follows:
NORTH: R -S-1 Vacant; Rural Residential
EAST: R-1 SFDUs
SOUTH: RT Vacant
WEST: R-4 Vacant
COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as "Mixed
Residential and Commercial." The Mixed Residential and Commercial designation allows for
R -I through R-4, C-1, 0, and MU zoning; development may be a combination of mixed-use
residential and commercial in the same development, including single-family dwellings, patio
homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per
acre, as well as neighborhood shopping and specialty centers, business parks, service and
office uses.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. A mitigated determination of non -significance was issued on June 30, 2023.
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TSK 2019 LLC Rezone
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REQUEST: TSK 2019 LLC has submitted a rezone application (Z 2023-004) from R4
(High -Density Residential) to C -I (Retail Business), for Lot 1 Short Plat 2019-09 (Parcel
115180065), located at the northwest corner of Bums Road and Broadmoor Boulevard.
8. SITE: The site comprises approximately 3.9 acres (172102.0 square feet) and is vacant.
HISTORY: The site was annexed into the City in 2015 (Ordinance 4223) and assigned R-1
(Low -Density Residential) zoning in conjunction with the annexation (Ordinance 4224). In
2016 the City approved a Comprehensive Plan Land Use amendment (CPA 2016-001) re -
designating the site from Low -Density Residential to High -Density Residential, and based on
this amendment the site was subsequently rezoned (Ordinance 43 72) from R-1 (Law -Density
Residential) to R4 (High -Density Residential) in 2017.
10. In April 2023 the City approved Ordinance 4649, again amending the Comprehensive Plan
Future Land Use Map, changing the designation of the site from High -Density Residential to
Mixed Residential and Commercial. The Mixed Residential and Commercial designation
allows for R-1 through R-4, C-1, 0, and MU zoning; development may be a combination of
mixed-use residential and commercial in the same development, including single-family
dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29
dwelling units per acre, as well as neighborhood shopping and specialty centers, business
parks, service and office uses.
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 rezoned in 2017 from R-1 (Low -Density Residential) to R-4
(High -Density Residential; Ordinance 4372).
11.2 The changed conditions, which are alleged to warrant other or additional zoning:
11.2.1 The site's location at the intersection of two arterial streets provides an
opportunity for a commercial node in an area where neighborhood
commercial services do not exist. The residential development that has
occurred along these two corridors brings significant traffic volumes along
these arterial streets and that traffic will increase as further development
occurs within the City's urban growth area boundary over the next twenty
years. Further, the provision of commercial services at this location will help
to shorten vehicle trips for neighborhood residents as they would not have to
travel as far to obtain the convenience goods and services typically provided
within a neighborhood center.
11.2.2 In the future, the Broadmoor Master Planned area is planned to develop
significant commercial services, but applicant posits that these will be
regional in nature, much like the regional services that are provided along
Broadmoor Boulevard near the freeway entrance, such as the auto and RV
dealerships, and that development of the Broadmoor area will not provide the
type of neighborhood services that this rezoning action seeks to provide.
11.2.3 In April 2023 the City approved Ordinance 4649, amending the
Comprehensive Plan Future Land Use Map, changing the designation of the
site from High -Density Residential to Mixed Residential and Commercial.
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11.2.4 The Comprehensive Plan designates this site as "Mixed Residential and
Commercial." The Mixed Residential and Commercial designation allows for
R-1 through R-4, C-1, 0, and MU zoning; development may be a
combination of mixed-use residential and commercial in the same
development, including single-family dwellings, patio homes, townhouses,
apartments and condominiums at a density of 5 to 29 dwelling units per acre,
as well as neighborhood shopping and specialty centers, business parks,
service and office uses.
11.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
11.3.1 Pasco municipal code section 25.85.010 states the purpose of the C-1 Retail
Business zone:
11.3.2 The C-1 retail business district is established to provide for the location of
commercial activities outside the central business district that meet the retail
shopping and service needs of the community.
11.3.3 By developing neighborhood commercial services within or adjacent to
neighborhoods, vehicle trips are shortened, as residents would not have to
drive as far to obtain the services they need. Additionally, a neighborhood
center also provides opportunities for both pedestrian and bicycle travel for
residents living near the site. Residents living on or near the Broadmoor
Boulevard and Burns Road corridors will benefit from the provision of
commercial services on-site.
11.3.4 The Comprehensive Plan designates this site as "Mixed Residential and
Commercial." The Mixed Residential and Commercial designation allows for
R-1 through R4, C-1, 0, and MU zoning; development may be a
combination of mixed-use residential and commercial in the same
development, including single-family dwellings, patio homes, townhouses,
apartments and condominiums at a density of 5 to 29 dwelling units per acre,
as well as neighborhood shopping and specialty centers, business parks,
service and office uses.
11.3.5 The rezone request aligns with the Comprehensive Plan Land Use
amendment (Ordinance 4649) for the site. Furthermore, the City Council
found that the amendment (Ordinance 4649) met the decision criteria
contained in PMC 25. 215. 020, and that the amendment is consistent with
the Comprehensive Plan and the goals and policies of the City.
11.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
11.4.1 The site is ideally situated to provide neighborhood commercial services to
the existing and future residents along Burns Road and Broadmoor
Boulevard. Traffic on both Burns Road and Broadmoor Boulevard is
expected to increase tenfold by 2038. The projected volume of traffic
adjacent to the site represents a significant market opportunity to provide
neighborhood commercial services that would be a benefit to local residents.
11.4.2 Future commercial development on the site would be bordered by vacant
residentially classified lands to the north and west. Existing zoning standards
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require additional setbacks for commercial properties that are adjacent to
residential land. Additionally, standards regulating building height, landscape
buffers, fencing, screening of parking and loading areas are sufficient to
ensure compatibility between land uses. served.
11.5 The effect on the property owner or owners if the request is not granted:
11.5.1 The site is designated as Mixed Residential and Commercial under the City's
current comprehensive plan, making the proposed rezone to C-1 zoning
consistent with the plan. In addition, the proposed rezone would help to
implement several land use policies. If the site remains with the current
zoning designations the site may remain vacant.
11.6 The Comprehensive Plan land use designation for the property: ,
11.6.1 The Land Use Element of the Comprehensive Plan designates the lot "Mixed
Residential and Commercial District," the proposed zoning district is
compatible with the Comprehensive Plan Land Use designation.
11.7 Such other information as the Hearing Examiner requires.
11.7.1 The rezone application is consistent with and meets the intent of the
Comprehensive Plan, and City Council Goals. The opportunity for higher
density residential uses in this area supports the Land Use Element of the
Comprehensive Plan.
12. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri -City Herald on June 21, 2023.
13. An open record public hearing after due legal notice was held July- 12; 2023, with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
14. Appearing and testifying at the hearing was Rick Simon. Mr. Simon testified that he was an
agent authorized to appear on behalf of the Applicant(property owner. Mr. Simon testified
that he agreed with all representations in the staff report.
15. Testifying from the public was the following individual:
15.1 Debra Parsons. Ms. Parsons lives within 300' of the parcel to be rezoned. She bought
her home in 2018 believing that the area would remain residential. She stated that
there are no community services in the area and that she gladly drives to shop at
Costco and Walmart. She stated that the gas station/convenience store that is
proposed to be applied for in the event this rezone is granted is simply not needed.
She asked the Hearing Examiner to look at the interests of the local residents and she
also stated that the safety of the residents is at risk because of the petroleum products.
15.2 Mr. Simon testified in rebuttal that northwest Pasco is growing and will continue to
grow and that the C-1 zoning is consistent with being located close to residential
neighborhoods. He stated that the current zoning of R-4 would have greater impacts
on neighbors if there were high rise apartments that are allowed under such zoning.
He stated that the Applicant would comply with all required mitigation measures
after the development application is submitted. He testified as to his opinion that the
large number of motor vehicles that would be part of a high-density development
would release more pollutants than any development on this rezoned property would
create.
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16. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
17. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
IL 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 Land Use Element of the Comprehensive Plan designates the lot "Mixed
Residential and Commercial District." The proposed C-1 zoning district would be in
alignment with the Land Use map within the City's Comprehensive Plan. Future
potential development could additionally foster or help to implement the following
policies from the Comprehensive Plan:
1.1.1 Land Use 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. [Applicant's note: A small commercial node at the intersection
of two arterial streets is an ideal location to serve the existing and future
residential neighborhoods in the northwest portion of Pasco. Access and
utility infrastructure are present and available to serve the proposed use.
Development of a commercial node will provide convenient neighborhood
scale commercial services to neighborhoods that otherwise would not be
served].
1.1.2 Land Use Policv LU4-A: Reduce the dependency of vehicle travel and
encourage pedestrian and multimodal options by providing compatible land -
uses in and around residential neighborhoods. [Applicant's note: Providing a
node for neighborhood commercial services at the intersection of two arterial
streets in the midst of a growing residential area is compatible with this
policy. While development of a commercial node may not eliminate
dependence on vehicle travel, it would shorten the length of many vehicle
trips that residents need to take to obtain commercial services].
1.1.3 Land Use Policy LU4-C: Encourage the development of walkable
communities by increasing mixed-use (commercial/residential) developments
that provide households with neighborhood and commercial shopping
opportunities. [Applicant's note: Providing a commercial node at the
intersection of Burns Road and Broadmoor will provide neighborhood
commercial services in an area that is currently underserved by neighborhood
scale commercial services. The regional mixed use land use that will develop
south of the site will draw customers from throughout the City and Tri -Cities
region but does not provide residents with convenient neighborhood services.
The existing and future neighborhoods located along Burns Road and north
along Broadmoor Boulevard do not have a local option for gas and
convenience items. The regional shopping facilities that will be built south of
Bums Road will provide regional services but will not be where a
neighborhood resident would want to stop on their morning commute to buy
gas or a cup of coffee].
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1.1.4 Land Use Policy LU -6-A: Encourage commercial and higher -density
residential uses along major corridors and leverage infrastructure availability.
[Applicant's note: Locating commercial services at the intersection of
Broadmoor Boulevard and Burns Road, two arterial streets, is consistent with
the intent of this policy. Both water and sewer services are available in close
proximity to the site, so infrastructure and street corridors are both in place to
serve this property].
1.1.5 Land Use Policy LU -6-8: Promote efficient and functional neighborhood
level and major commercial centers to meet community demand.
[Applicant's note: The zoning change would result in the provision of
neighborhood level commercial services to the neighborhoods that are
expanding along Burns Road and Broadmoor Boulevard. The demand for
community services is already present. Approval of the requested
comprehensive plan amendment would result in construction of facilities that
will meet that demand].
1.1.6 Implementation Policy IM -3-C: Consider the interests of the entire
community and the goals and policies of the Comprehensive Plan prior to
making land use and planning decisions. [Applicant's note: The proposed
rezone would implement several goals and policies of the comprehensive
plan. It would be beneficial to the existing and future residents of Northwest
Pasco by providing convenient and needed neighborhood commercial
services].
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 The Comprehensive Plan designates this site as "Mixed Residential and
Commercial." The Mixed Residential and Commercial designation allows for R-1
through R-4, C-1, O, and MU zoning; development may be a combination of mixed-
use residential and commercial in the same development, including single-family
dwellings, patio homes, townhouses, apartments and condominiums at a density of 5
to 29 dwelling units per acre, as well as neighborhood shopping and specialty centers,
business parks, service and office uses. The application for rezone from R-4 to C-1 is
consistent with the Comprehensive Plan Land Use Element and meets the intent of
the Goals and Policies for the property.
3. There is merit and value in the proposal for the community as a whole.
3.1 The site's location at the intersection of two arterial streets provides an opportunity
for a commercial node in an area where neighborhood commercial services do not
exist. The residential development that has occurred along these two corridors brings
significant traffic volumes along these arterial streets and that traffic will increase as
further development occurs within the City's urban growth area boundary over the
next twenty years.
3.2 Further, the provision of commercial services at this location will help to shorten
vehicle trips for neighborhood residents as they would not have to travel as far to
obtain the convenience goods and services typically provided within a neighborhood
center.
3.3 In the future, the Broadmoor Master Planned area is planned to develop significant
commercial services, but these will be regional in nature, much like the regional
services that are provided along Broadmoor Boulevard near the freeway entrance
(such as the auto and RV dealerships). Development of the Broadmoor area will not
provide the type of neighborhood services that this rezoning action seeks to provide.
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3.4 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. In
addition to fulfilling the goals and policies of the Comprehensive Plan, the proposal
includes infill development and promotes a healthy and robust Mixed Residential and
Commercial environment.
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. As such, no conditions should be imposed; any future
development will be evaluated for significant adverse impacts at the time of a
development application, which will also be subject to review under the State
Environmental Policy Act (SEPA).
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 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, that Lot 1 Short Plat 2019-09 (Parcel 115180065), be rezoned from
R4 (High -Density Residential) to C-1 (Retail Business).
Dated this d day of July, 2023.
CITY OF P SCO HEARING EXAMINER
ew L. Kottkamp
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FRANKLIN COUNTY RECORDING
COVER SHEET
NAME AND RETURN ADDRESS:
City of Pasco
525 N. Third Avenue
Pasco, WA 99301
FORM COMPLETED BY: City Clerks Office
PLEASE PRINT OR TYPE INFORMATION:
PHONE # (509) 544-3096
DOCUMENT TITLE(S) (or transaction contained therein)
1. Ordinance No. 4684
2. Z2023-004
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. Stacy Kidwell
2. TSK 2019 LLC
3.
4.
❑ Additional names on page of document
LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
Short Plat 2020-09 Lot 1 06-29-09
❑ Additional legal is on page of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
115180065
❑ 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
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