HomeMy WebLinkAbout4691 Ordinance - Glacier Park Rezone C-1 to R-3 Z 2023-005FILED 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.4691
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED IN THE NORTH 467.08 FEET IN THE SOUTH 471.08
FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
SECTION 3, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M.; FRANKLIN
COUNTY, WASHINGTON, FROM C-1 TO R-3 FROM C-1 TO R-3.
WHEREAS, Peter Harpster of Aqtera Engineering, on behalf of Big Sky Developers LLC,
the petitioner seeks to rezone an area in and around Parcel No's: 114330052, 114330053 &
114330054, located north of and adjacent to the intersection of Burns Road and Ochoco Lane,
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 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 August 9, 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 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.
Ordinance Rezone Z 2023-005 - 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
C-1 (Retail Business District) to R-3 (Medium -Density Residential), for the real property as shown
in the Exhibit B attached hereto and described as follows:
A portion of lots 2 through 4 as depicted and described on Record of Survey for
Plat Exemption Recorded in Volume 4 of Surveys at Page 327, under Auditor's
File Number 1964751, Records of Franklin County, Washington being more
particularly described as follows:
The North 467.08 feet of the South 471.08 feet of the Southwest Quarter of the
Southwest Quarter Section 3, township 9 North, Range 29 East, W.M.; Franklin
County, Washington.
Except that portion of described as follows: Beginning at the southeast corner of
said lot 4; thence South 88°10' 15" West along the south line thereof a distance of
351.92 feet; thence leaving said south line, North 01 °49'45" West a distance of
407.33 feet; thence North 89°31'00" East a distance of 371.09 feet to the east line
of said lot; thence South 00°54'37" West along the east line thereof a distance of
399.07 feet to the Point of Beginning and the end of this description.
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.
Ordinance Rezone Z 2023-005 - 2
PASSED by the City Council of the City of Pasco, Washington, on this 6ffi day of
November, 2023.
Blanche Barajas
Mayor
ATTEST:
G
Debra Barham, CMC
City Clerk
Published:
I /9/2023
Ordinance Rezone Z 2023-005 - 3
APPROVED AS TO FORM:
Kerr Fe son Law, PLLC
Ci ttorneys
Exhibit "A"
CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2023-005 )
Glacier Park Rezone )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
August 9, 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 Legal: A portion of Lots 2 through 4 as depicted and described on Record of Survey
for Plat Exemption recorded In Volume 4 of Surveys at Page 327, under Auditor's
File Number 1964751, Records of Franklin County, Washington being more
particularly described as follows:
The North 467.08 feet of the South 471.08 feet of the Southwest Quarter of the
Southwest Quarter Section 3, Township 9 North, Range 29 East, W.M.; Franklin
County, Washington.
Except that portion of described as follows: Beginning at the southeast comer of said
Lot 4; thence South 88° 10' 15" West along the south line thereof a distance of 351.92
feet; thence leaving said south line, North 01°49'45" West a distance of 407.33 feet;
thence North 89°31'00" East a distance of 371.09 feet to the east line of said Lot;
thence South 00°54'37" West along the east line thereof a distance of 399.07 feet to
the Point of Beginning and the end of this description.
1.2 General Location: North of and adjacent to the intersection of Bums Road and
Ochoco Lane (Franklin County Assessor Parcel No's: 114330053 & 114330054),
Pasco, Franklin County, WA.
1.3 Property Size: Approximately 10.2 acres.
1.4 Request Rezone Glacier Park from C-1 (Retail Business District) to R-3 (Medium -
Density Residential)
1.5 Owner/Applicant: Big Sky Developers, LLC c/o Peter Harpster, 5426 N. Rd 68, Box
D-113, Pasco WA 99301.
2. ACCESS: The parcel has access from Bums Road.
3. UTILITIES: Municipal water and sewer are available in Bums Road.
4. LAND USE AND ZONING: The site is zoned C-1 (Retail Business District) and is vacant.
Surrounding properties are zoned and developed as follows:
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NORTH:
R-3
Vacant; fanning
EAST:
R-1
Vacant
SOUTH:
R-1
SFDUs
WEST:
RS-40
Mobile Homes (COUNTY)
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as "Mixed
Residential and Commercial." The Mixed Residential and Commercial designation
accommodates a diverse range of housing, non-residential uses, commercial uses,
neighborhood retail and office uses, parks and recreation areas, and civic uses at a density of
5 to 29 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) was issued for this project on August 1, 2023,
under WAC 197-11-158, Mitigation.
6.1 A professional archaeological survey of the project area following National Historic
Preservation Act of 1966 (NHPA) Section 106 protocol shall be conducted, and a
report be produced prior to ground disturbing activities.
7. REQUEST: Peter Harpster of Aqtera Engineering, on behalf of Big Sky Developers LLC has
submitted a rezone application (Z 2023-005) from C-1(Retail Business District) to R-3
(Medium -Density Residential), for a 10.2-acre site located north of and adjacent to the
intersection of Burns Road and Ochoco Lane, generally in and around Parcels 114330053 &
114330054), Pasco, Franklin County, WA. The site comprises approximately 10.2 acres and
is vacant. The proposed amendment would change the west 80% of the site (10.2 acres) from
C-1 (Retail Business District) to R-3 (Medium Density) zoning; the balance —approximately
2.6 acres —would remain C-1. Adjoining property to the north is also zoned R-3. The
proposed amendment would provide a mix of duplex, townhome, and small detached single-
family lots, while still retaining 2.6 acres of commercial to serve the commercial needs of the
immediate neighborhood. Applicant anticipates submittal of a preliminary plat and
subsequent development of the site immediately following approval of this rezone.
8. HISTORY: The site was annexed into the City in 2022 (Ordinance 4574-A) and assigned C-
1 (Retail Business District) (Ordinance 4584) in conjunction with the annexation, and in
alignment with the City's 2018- 2038 Pasco Comprehensive Plan Land Use Map, which
designated the site "Commercial;" On April 17, 2023 Council approved Ordinance 4652, a
Future Land Use Map amendment to the Pasco Comprehensive Plan, changing the
designation of the land use from "Commercial" to "Mixed Residential and Commercial," and
Ordinance 4663, amending the Future Land Use Map Descriptions and the Pasco Municipal -
Code Section 25.215.015 "Comprehensive Plan land use density table" related to the 2022
Comprehensive Plan docket and the Broadmoor Master Plan. The Mixed Residential and
Commercial designation Accommodates a diverse range of housing, non-residential uses,
commercial uses, neighborhood retail and office uses, parks and recreation areas, and civic
uses at a density of 5 to 29 dwelling units per acre.
9. REZONE CRITERIA: The initial review criteria for considering a rezone application are
explained in PMC 25.88.030.
9.1 The date the existing zone became effective:
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9.1.1 The site was designated C-1 (Retail Business District) zoning in conjunction
with the 2022 annexation, and in alignment with the City's 2018-2038 Pasco
Comprehensive Plan Land Use Map, which at the time designated the site
"Commercial."
9.2 The changed conditions, which are alleged to warrant other or additional zoning:
9.2.1 On April 17, 2023 Council approved Ordinance 4652, a Future Land Use
Map amendment to the Pasco Comprehensive Plan, changing the designation
of the land use from "Commercial" to "Mixed Residential and Commercial."
The Mixed Residential and Commercial designation accommodates a diverse
range of housing, non-residential uses, commercial uses, neighborhood retail
and office uses, parks and recreation areas, and civic uses at a density of 5 to
29 dwelling units per acre.
9.2.2 Per Applicant, "Residential land for additional housing beyond recent
population projections is critical in order for the City to keep pace with
growth and to help stem the crises of affordable housing. According to the
City's comprehensive plan, Pasco is expected to grow by 48,238 people by
the year 2038. This level of population growth will require significant new
housing stock. Conversion of 10.2 acres from commercial to medium density
residential will help to meet this demand for new housing. Recently,
construction of large new facilities and announcements of additional facilities
(Amazon, Darigold, Reser's) will bring an estimated 2,500 jobs into the City.
Large private investments such as these tend to bring in even more growth,
adding to the demand for additional housing.
9.2.3 `With such expansion of industrial jobs, workforce housing becomes critical
to the economic health of the community. Adding 10.2 acres of medium
density zoning to the City's residential land base provides for a variety of
housing types and densities to help meet some of the demand for new
housing and in particular, workforce housing. The R-3 zone would provide
for a mix of single-family dwellings, patio homes, townhouses, apartments
and condominiums at a range of 6 to 20 dwelling units an acre or 61 — 204
units total.
9.2.4 "Additionally, the Pasco School District is planning to build a third high
school on the property that is immediately east of and adjacent to the site.
The proximity of a school to residential neighborhood is desirable in terms of
reducing the number of vehicle trips needed to transport students from home
to school and eliminating the need for busing students who live in close
proximity to the school. The number of teachers and other district employees
required to operate the school would also benefit from housing choices that
the development of the project site represents.
9.2.5 "The site's proximity to an existing commercial center reduces the potential
for commercial development on the site significantly. The distance from the
site to the intersection of Road 68 and Wrigley Drive is 1.3 miles. A 3-
minute drive to the City's largest regional shopping area with the variety of
commercial services that exist there makes commercial development of the
site unappealing. The 2.6 acres of the site that would remain available for
neighborhood commercial services is sufficient to meet neighborhood needs.
Z 2023 005
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9.2.6 "Finally, the City's plan calls for a significant area of commercial
development at the Dent Road/Taylor Flats intersection, which will help to
satisfy the City's needs for new commercial development in the area. It is
only 1.7 miles from the project site.".
9.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
9.3.1 A rezone from Retail Business (C-1) to R-3 (Medium -Density Residential)
would allow medium -density residential development to occur along a major
arterial street. The rezone would allow for residential density between 5 to 29
dwelling units per acre.
9.3.2 The rezone application and proposal are consistent with the Council -
approved amendments to 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.
9.3.3 Per Applicant, "From a public health perspective, future residential
development of the site would encourage walking to and from school. The
Barbara McClintock Stem Elementary School and Mariposa Park are .7 miles
from the entrance to the site, while the Rosalind Franklin Stem Elementary
School is .8 miles from the site. Additionally, the site is immediately adjacent
to the future high school site. A 2.6-acre tract would be retained on -site with
commercial zoning, so future residents of the development would be able to
walk a short distance to access neighborhood commercial services. Existing
neighborhoods adjoining the site are developed with sidewalks, so safe
walking routes are already in place.
9.3.4 "In terms of public safety, the site is located 1.25 miles from Pasco Fire
Station 483, so calls for emergency services would fall well within the
established desired response times. Safety of the future residential
community will also be provided for through the implementation of the civil,
building and fire codes imposed on new development which mandate
adequate access, fire hydrants and similar fire and life safety requirements."
9.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
9.4.1 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."
9.4.2 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 forth in
the City's approved Comprehensive Plan.
Z 2023 005
Glacier Park Rezone
Page 4 of 8
9.4.3 Per Applicant, ""The site is adjacent to an existing single-family
neighborhood to the south, across Bums Road, which provides an effective
separation to the medium -density residential uses that could be developed
on -site. Leaving a portion of the site for neighborhood commercial services
would provide a benefit to this existing single-family neighborhood.
Residential development adjacent to the future high school site would also be
of benefit to the high school, as students within the future residential
development would not need to be bussed to school, and additional housing
stock would provide a convenient location for the future employees of the
school."
9.4.4 The rezone application is consistent with and meets the intent of the goals
and policies of the Comprehensive Plan.
9.5 The effect on the property owner or owners if the request is not granted:
9.5.1 If the property remains with the current C-1 zoning designation the site
would likely continue to remain vacant for a while, as residential demand is
currently outpacing retail commercial in the area.
9.5.2 Per Applicant, `°The existing neighborhood commercial zoning would remain
in place. While some commercial services are desirable in this area, 12 acres
is too large, given the site's proximity to the regional commercial services
that are conveniently located a little over a mile away. The resulting denial of
the rezone would mean that the site would remain undeveloped or
underdeveloped for years and could hinder the development of the existing
R-3 zoned property north of and adjacent to the site."
9.6 The Comprehensive Plan land use designation for the property:
9.6.1 The City Council has recently approved an update to the Comprehensive
Plan; The Land Use Element of the Plan now designates the lot "Mixed
Residential -Commercial." Both the current and the proposed zoning district
are compatible with the Comprehensive Plan Land Use designation.
9.6.2 The "Mixed Residential -Commercial" designation allows for R-3 zoning and
may be developed with Single-family dwellings, patio homes, townhouses,
aparknents, and condominiums at a density of 5 to 29 dwelling units per acre.
9.6.3 Per Applicant, "The Comprehensive Plan designation has recently been
amended for the site and is now Mixed Residential and Commercial. The
proposed rezone would change the zoning on 10.2 acres to R-3 Medium
Density Residential and retain the existing C-1 Neighborhood Commercial
zoning on 2.6 acres.
9.7 Such other information as the Hearing Examiner requires.
9.7.1 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.
10. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on July 24, 2023.
Z 2023 005
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11. An open record public hearing after due legal notice was held August 9, 2023, with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
12. Appearing and testifying at the hearing was Peter Harpster. Mr. Harpster testified that he was
an agent authorized to appear on behalf of the Applicant/property owner. Mr. Harpster
testified that the Applicant agreed with all representations in the staff report.
13. No member of the public testified at the hearing.
14. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
15. 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:
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 R-3 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 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.
Comment: "A rezone of this property providing for both residential and
commercial development would provide for a mix of future neighborhood
commercial and medium density residential land uses on a site that is
adjacent to Burns Road, a principal arterial in a location where existing
utility services are available to serve future development. The proposed
rezone is consistent with the intent of this policy."
1.1.2 LU-2-13 Policy: Facilitate planned growth within the City limits and UGA
and promote infill developments in the City limits through periodic review of
growth patterns and market demand within each of the City's land use
designations.
Comment: "As the demand for residential land use increases, additional
residential land and higher residential densities provide greater flexibility for
the City and landowners to meet the rising demand for new housing units.
The proximity of other medium density residential land to the site makes this
infill property particularly well suited for future residential use."
1.1.3 LU4-B Policy: Encourage infill and higher density uses within proximity to
major travel corridors and public transportation service areas.
Comment: "The site's proximity to Burns Road, a planned principal arterial
makes medium density residential development of the site consistent with
this land use policy."
Z 2023 005
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1.1.4 H-1-A Policy: Allow for a full range of housing including single family
homes, townhouses, condominiums, apartments, and manufactured housing,
accessory dwelling units, zero lot line, planned unit developments etc.
1.1.5 LU4-D Policy: Designate areas for higher density residential developments
where utilities and transportation facilities enable efficient use of capital
resources.
Comment: "Medium density residential development on the site would fulfill
this comprehensive plan policy of placing higher density development in
areas where transportation and utility infrastructure is present, as the site is
adjacent to a principal arterial street and a 16" water main is located
immediately adjacent to the site."
1.1.6 LU-5-A Policy: Allow a variety of residential densities throughout the UGA.
Comment: "An R-3 medium density zone allows for a variety of housing
types and densities, including single family homes, patio homes, duplexes,
townhomes, apartments and condominiums. High density residential
development of the site would help to implement this land use policy, while
helping to satisfy the rising demand for housing that is currently felt both
locally and regionally."
1.1.7 LU-5-B Policy: Encourage higher residential densities within and adjacent to
major travel corridors, Downtown (Central Business District), and
Broadmoor.
Comment: "Burns Road, which is a planned principal arterial would qualify
as a major travel corridor and its proximity to the site would help to
implement this policy of placing higher density residential uses to adjacent to
major travel corridors."
1.1.8 6-A Policy: Encourage commercial and higher -density residential uses along
major corridors and leverage infrastructure availability.
Comment: "The site's proximity to a planned principal arterial street in a
location where water is readily available and capable of supporting additional
development makes the proposed rezone consistent with this land use
policy."
1.1.9 H-1-A Policy: Allow for a full range of housing including single family
homes, townhouses, condominiums, apartments, and manufactured housing,
accessory dwelling units, zero lot line, planned unit developments etc.
Comment: "The proposed medium density residential zoning would provide
for the future development of residential uses including patio homes,
townhouses, apartments, and condominiums and so would contribute to the
full range of housing types that this policy encourages."
1.1.10 H-1-B Policy: Higher intensity housing should be located near arterials and
neighborhood or community shopping facilities and employment areas.
Comment: "Placing a Medium Density Residential zoning on the site would
implement the policy of placing higher intensity housing near arterials. The
site is conveniently located to the regional commercial services that are
located along Road 68 as well as providing easy access to the freeway."
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 The site is adjacent an existing single-family neighborhood to the south, across Bums
Road, which provides an effective separation to the medium density residential uses
that could be developed on -site. Leaving a portion of the site for neighborhood
commercial services would provide a benefit to this existing single-family
Z 2023 005
Glacier Park Rezone
Page 7 of 8
neighborhood. Residential development adjacent to the firture high school site would
also be of benefit to the high school, as students within the future residential
development would not need to be bussed to school and additional housing stock
would provide a convenient location for the future employees of the school.
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
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 terns 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 a portion of Lots 2 through 4 as depicted and described on
Record of Survey for Plat Exemption recorded In Volume 4 of Surveys at Page 327, under Auditor's
File Number 1964751, Records of Franklin County, Washington, as depicted in Exhibit `B" herein
attached, and located generally in and around Parcels 114330053 & 114330054, be rezoned from C-1
(Retail Business District) to R-3 (Medium -Density Residential).
Dated this day of August, 2023.
CITY OF PASCO HEARING EXAMINER
L.
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Item: Rezone - Glacier Park C-1 to R-3 N
"Exhibit B" Applicant(s): Peter Harpster/Big Sky Development LLC
File #: Z 2023-005
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