HomeMy WebLinkAbout4682 Ordinance - Cole's Estates Rezone from C-1 to MU (Z 2023-002) - RECORDEDFILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Ann: City Clerk
525 North 31 Avenue
Pasco, WA 99301
ORDINANCE NO. 4682
AFN It 1978922 ORDIN
09/28/2023 01:37 PM
9 Page(s) $211.50
Matt Beaton. Auditor
Franklin Co.. WA
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED ALONG THE NORTH SIDE OF SANDIFUR
PARKWAY BETWEEN ROADS 90 AND 92, PASCO, FRANKLIN COUNTY,
WASHINGTON, FROM CA (RETAIL BUSINESS) TO MU (MIXED-USE).
WHEREAS, the Petitioner, Nicole Stickney, of AHBL Inc., on behalf of Elite Investment
Group LLC, seeks to rezone Parcels Nos. 115392086 and 115392031, 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 2023-002 — Cole's Estates - 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 C-1
(Retail Business) to MU (Mixed -Use) for the real property as shown in the Exhibit B attached
hereto and described as follows:
Lots 9 and 24, Cole's Estates (Parcels Nos. 115392086 and 115392031).
Comprising approximately 4.84 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, on this 5u' day of
September, 2023.
Craig Maloney
Mayor Pro Tem
ATTEST:
Debra Barham, CMC
City Clerk
Published:Mh�,r
Ordinance - Rezone Z 2023-002 — Cole's Estates - 2
APPROVED AS TO FORM:
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City
EXHIBIT "A"
CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2023-002 )
Cole's Estates Rezone )
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:
2.
4
Cel
I. RECOMMENDED FINDINGS OF FACT
PROPERTY/APPLICATION DESCRIPTION:
1.1 Legal: Lots 9 and 24, Cole's Estates (Parcels 115392086 and 115392031).
1.2 General Location: North of Sandifur Pkwy between Road 90 and Road 92, Pasco,
Franklin County, WA.
1.3 Prope , Size: Approximately 4.84 acres (210,830.4 square feet).
1.4 Request: Cole's Estates Rezone from C-1 (Retail Business District) to MU (Mixed -
Use District).
ACCESS: The parcel has access from Sandifur Pkwy and Roads 90 and 92.
UTILITIES: Municipal water and sewer are available in Sandifur Pkwy, Road 90 and Road
92.
LAND USE AND ZONING: The site is zoned C-1 (Retail Business District) and is vacant.
Surrounding properties are zoned and developed as follows:
NORTH: R-4; C-1 Vacant; Commercial
EAST: C-1 Vacant; Retail Businesses
SOUTH: C-1 Vacant; Retail Businesses
WEST: C-1 Vacant; Office Uses; Mini -Storage
COMPREHENSIVE PLAN: 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.
ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. A mitigated determination of non -significance was issued on June 29, 2023.
Z 2023 002
Cole's Estates Rezone
Page 1 of 5
7. REQUEST: Nicole Stickney of AHBL, on behalf of Elite Investment Group has submitted a
rezone application (Z 2023-001) from C-1 (Retail Business District) to MU (Mixed -Use
District), for Lots 9 and 24, Cole's Estates (Parcels 115392086 and 115392031), located
north of Sandifur Pkwy between Road 90 and Road 92, Pasco, Franklin County, WA.
8. SITE: The site comprises approximately 4.84 acres (210,830.4 square feet) and is vacant.
HISTORY: The site was annexed into the City in 1982 (Ordinance 2388) and assigned RT
(Residential Transition) zoning, which acts as a temporary "holding zone" until utilities and
infrastructure are available for future development. The site was rezoned to C-1 (Retail
Business District) in 2007 (Ordinance 3833) and has remained C-1 to present.
10. The 2018- 2038 Pasco Comprehensive Plan Land Use Map designates the site for "Mixed
Residential and Commercial Land Use." However, at the time of Comprehensive Plan
adoption, the City did not have a zoning district to facilitate the intent of that Mixed
Residential and Commercial land use classification. In May of 2023 City Council approved
Ordinance 4668, amending the Pasco Municipal Code Section 25.20.010 "Establishment of
Zoning Districts" and Chapter 25.127 "WD Waterfront Development District" replacing the "
WD District" to " MU Mixed -Use District," allowing for Mixed -Use developments citywide,
consistent with the Comprehensive Plan.
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 to CA (Retail Business District) zoning in in 2007
(Ordinance 3833).
11.2 The changed conditions, which are alleged to warrant other or additional zoning:
11.2.1 Passage of Ordinance 4668 (May 2023) modifying the City's zoning code
and providing for a Mixed-use zoning option is the primary changed
condition allowing the rezone. Additionally, the City of Pasco has been
growing rapidly over the last twenty years, particularly along Sandifur
Parkway where multiple businesses contribute to a vibrant and important
commercial district, providing goods and services to support the community
and sustain a healthy local economy, with residential uses surrounding. The
properties were changed to a "Mixed Residential and Commercial"
classification during the city's periodic update to the Comprehensive Plan.
With that land use classification, present market conditions/ interest, and
presence along Sandifur Parkway, the proposal area is ripe for mixed-use
development, except for the zoning designation. The proposed rezone would
allow the site to be developed as intended per the Comprehensive Plan land
use map.
11.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
11.3.1 A rezone from Retail Business (C-1) to Mixed -Use (MU) would allow
commercial use to occur (providing services, creating jobs, and expanding
the tax base in the growing community) in a manner integrated with housing.
Z 2023 002
Cole's Estates Rezone
Page 2 of 5
Further, the change from C-1 to MU zoning will not negatively impact public
health or safety.
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 would be consistent with the comprehensive plan.
According to the table in Pasco Municipal Code (PMC) 25.215.015, the
Mixed Residential and Commercial classification is intended to "Allow a
combination of mixed-use residential and commercial in the same
development. Single-family dwellings, patio homes, townhouses, apartments,
and condominiums at a density of 5 to 29 dwelling units per acre.
Neighborhood shopping and specialty centers, business parks, service and
office uses." Further, the adjacent property's value and character are not
anticipated to be negatively affected because mixed-use development has
been established by City Council as an appropriate and beneficial use of the
site as set out in the City's approved Comprehensive Plan. The rezone
application is consistent with and meets the intent of the goals and policies of
the Comprehensive Plan.
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 may remain
underutilized, and the owner will not be able to deliver a mixed-use project
that can put ideals related to the following themes (from the City's
Comprehensive Plan- Land Use Policy 4-F) into action: "smart growth, infill,
and compact developments with transit and pedestrian amenities that
promote a healthy community."
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;" both the current and the proposed
zoning district are 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 a mix of
residential and retail commercial 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 Emily Weimer. Ms. Weimer testified that she
was an agent authorized to appear on behalf of the Applicant/property owner. Ms. Weimer
confirmed that no SEPA determination had yet been made. She indicated that while the
application is consistent with the Comprehensive Plan, the recently implemented zoning code
changes are not yet online and asked that the record be kept open.
Z 2023 002
Cole's Estates Rezone
Page 3 of 5
15. No member of the public testified at the hearing.
16. Staff indicated that the ordinance can be provided by emailing Mr. Adams and that is also on
the City website.
17. The Hearing Examiner declined to keep the record open. The Hearing Examiner indicated
that he would entertain a request to reopen the hearing if there was a timely request made.
18. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
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 The Land Use Element of the Comprehensive Plan designates the lot "Mixed
Residential and Commercial District." The proposed MU 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 4-F: Support mixed-use, smart growth, infill, and compact
developments with transit and pedestrian amenities that promote a healthy
community.
1.1.2 Land Use Policy 5-A: Allow a variety of residential densities throughout the
UGA.
1.1.3 Housing Policy 3-A: Encourage innovative techniques in the design of
residential neighborhoods and mixed-use areas to provide character and
variety in the community.
1.1.4 Housing Policy 4-C: Increase housing supply and diversity.
1.1.5 Economic Development Policy 1-F: Support and encourage
residential/commercial mixed-use developments that provide neighborhood
shopping and services and promote walkable neighborhoods.
1.1.6 Transportation Element Policy 1-D: Encourage multi -modal street design
with traffic calming and safety in consideration of surrounding land uses.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 The proposal will not be materially detrimental on the immediate vicinity. Adjacent
parcels to the north, east, and west have the same land use designation in the
Comprehensive Plan. The MU district's permitted uses would not produce excessive
noise, air, or other forms of pollution detrimental to nearby land uses.
2.2 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.
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. In
addition to fulfilling the goals and policies of the Comprehensive Plan, the proposal
Z 2023 002
Cole's Estates Rezone
Page 4 of 5
includes infill development and promotes a healthy and robust mixed-use
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 confonn 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 Lots 9 and 24, Cole's Estates (Parcels 115392086 and
115392031), be rezoned from C-1 (Retail Business District) to MU (Mixed -Use District).
Dazed this 14 day of July, 2023.
CITY OF PASCO HEARING EXAMINER
L. Kottkamp
Z 2023 002
Cole's Estates Rezone
Page 5 of 5
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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. 4682
2. Z2023-002
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. Nicole Sticknev
2. AHBL Inc
3.
4.
0 Additional names on page of document
LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
Coles Estates, Lot 9 08-29-09 and Coles Estates, Lot 24 08-29-09
0 Additional legal is on page of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
115392086 and 115392031
❑ 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