HomeMy WebLinkAbout4671 Ordinance - Lewis Place LLC - Jefferson Landing Rezone R-1-A to R-4 (Z 2022-013) - UNRECORDEDOrdinance - Rezone Z 2022-013 – Jefferson Landing - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. 4671
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED ALONG HERITAGE BOULEVARD BETWEEN EAST
LEWIS STREET AND EAST “A” STREET, PASCO, FRANKLIN COUNTY,
WASHINGTON, FROM R-1-A TO R-4.
WHEREAS, Lewis Place LLC, Petitioner, seeks to rezone Parcel No. 113900092 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
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 April 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:
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Ordinance - Rezone Z 2022-013 – Jefferson Landing - 2
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-1-A (Low Density Residential Alternate) to R-4 (High -Density Residential) for the real property
as shown in the Exhibit B attached hereto and described as follows:
That portion of the Southeast ¼ of the Northwest ¼ of the Southeast ¼ of Section
28, Township 9 North, Range 30 East, WM., records of Franklin County,
Washington, lying easterly of Billings Street Right-of-Way, conveyed to the city of
Pasco by Recording No. 1697960.
Comprising approximately 2.25 acres
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word
of this Ordinance is held to be 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. 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 18th day of March,
2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Krystle Shanks, CMC Kerr Ferguson Law, PLLC
Deputy City Clerk City Attorneys
Published: March 24, 2024
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CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF )
)
)
) )
)
RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION Z 2022-013
Lewis Place, LLC
THIS MA TIER having come on for hearing in front of the City of Pasco Hearing Examiner on April
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
1.PROPERTY/APPLICATION DESCRIPTION:
1.1 Legal: SE4NW4SE4 28-9-30 LOCATED ELY OF BILLING ST R/W PER
DEDICATION DEED #1697960.
1.2 General Location: Said property located on the east side of Heritage Boulevard between E Lewis Street and E Helena Street Pasco, Franklin County, WA. (Parcel
113900092).
1.3 Property Size: Approximately 2.25 acres.
1.4 Access: Lewis Place, LLC, 3130 Varney Lane, Suite 102, Pasco WA 99301.
1.5 Request: Rezone Parcel 113900092 from "R-1-A" (Low Density Residential) to "R-
4" (High Density Residential).
2.ACCESS: The parcel will have access from Heritage Boulevard.
3.UTILITIES: Municipal water and sewer are available in E. Lewis Street and E. Helena
Street.
4.LAND USE AND ZONING: The lot is zoned "R-1-A" (Low Density Residential) and is
undeveloped. Surrounding properties are zoned and developed as follows:
Nor th: R-2 SFDUs
East: C-3 Car Storage lot
South: R-T Vacant West: R-1-a SFDUs
5.COMPREHENSIVE PLAN: The Comprehensive Plan Land Use Map designates the area
"Mixed Residential/Commercial;" the "Mixed Residential/Commercial" designation allows
for 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, and neighborhood shopping and specialty centers, business
parks, service and office uses. Allowable zoning for the "Mixed Residential/Commercial"
land use designation includes the R-1 through R-4, C-1 and 0, and Waterfront zones.
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Jefferson Landing
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6.ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the SEPA checklist (SEPA 2022-084), the adopted City Comprehensive
Plan, City development regulations, and other information, a threshold determination
resulting in a Determination of Non-Significance (DNS) was issued for this project on 15
March 2022 under WAC 197-11-340(2).
7.REQUEST: Lewis Place LLC, has submitted a rezone application (Z 2022-013) from "R-1-
A" (Low Density Residential) to R-4 (High Density Residential), for the East½ of the
Northwest¼ of the Southeast¼ of the Southeast¼ of Section 28, Township 9 North, Range30 East (Parcel 113900092) in Pasco, WA.
8.SITE: The site comprises approximately 2.25 acres (98,010 square feet) and is undeveloped.
"Mixed Residential/Commercial;" the "Mixed Residential/Commercial" designation allows
for 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, and neighborhood shopping and specialty centers, business
parks, service and office uses. Allowable zoning for the "Mixed Residential/Commercial"
land use designation includes the R-1 through R-4, C-1 and O, and Waterfront zones.
9.HISTORY: The site was annexed into the City in 1994 and assigned RT (Residential
Transition) zoning in conjunction with the annexation (Ordinance 3033). The site was
rezoned RFAH-1, which is now R-1-A (Low Density Residential) zoning in 2004 (Ordinance
3682)
10.REZONE CRITERIA: The initial review criteria for considering a rezone application are
explained in PMC 25.88.030. The criteria are listed below as follows:
IO. I The date the existing zone became effective:
10.1.1 The site was rezoned RFAH-1, which is now R-1-A (Low Density
Residential) zoning in 2004 (Ordinance 3682).
10.2 The changed conditions, which are alleged to warrant other or additional zoning:
10.2.1 For many years it was difficult to encourage residential development in the eastern portions of the community. With beneficial changes such as new
schools and improvements to the parks over the years, new development is
occurring in East Pasco. New single-family homes were built across the
street to the west starting in 2017. The property is considered "infill"
property as development has occurred around it.
10.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
10.3.1 A rezone of this parcel from R-1-A to R-4 is logical because it is located in
an area that is already developed with both low-density residential and
commercial uses. Development of the site with residential and uses could
improve the overall look of the neighborhood.
10 .4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
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10 .4 .1 The proposed rezone would align with the intent of the Comprehensive Plan.
If the property retains the current R-1 A zoning designation the land would
likely remain undeveloped.
10.5 The effect on the property owner or owners if the request is not granted:
10. 5 .1 The likely scenario is that the property would remain underdeveloped.
10.6 The Comprehensive Plan land use designation for the property
10.6.1 The Land Use Element of the Plan now designates the lot "Mixed
Residential/Commercial." The "Mixed Residential/Commercial" designation
allows for R-1 through R-4, C-1 and 0, and Waterfront zoning and may be
developed with Mixed-use residential and commercial uses.
10.7 Such other information as the Hearing Examiner requires.
10. 7 .1 The rezone application is consistent with and meets the intent of theComprehensive Plan, and City Council. Right of Way dedication and ROW
Improvements will be required at the time of development. As well, a traffic
impact analysis will likely need to be completed for this development to
understand the impacts the development may have on the existing City infrastructure.
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 March 17, 2023.
12.An open record public hearing after due legal notice was held April 12, 2023, with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
13.Appearing and testifying at the hearing was Stephen Bauman. Mr. Bauman testified that he
was an agent authorized to appear on behalf of the Applicant/property owner. He agreed with
all representations in the staff report.
14.No member of the public appeared at the hearing.
15.The staff report, application materials, agency comments and the entire file of record wereadmitted into the record.
16.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
11.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 "Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1
and 0, and Waterfront zoning and may be developed with Mixed-use residential and
commercial uses.
1.2 The proposal also aligns with the following Comprehensive Plan Goals and Policies:
1.3 Goal LU-1: take deliberate, consistent, and continuous actions to improve the
community's quality of life.
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1.5 Goal LU-2: plan for a variety of compatible land uses within the VGA.
1.6 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.
1.7 Policy LU-2-B: 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.
1.8 Policy LU-6-A: Encourage commercial and higher-density residential uses along
major corridors and leverage infrastructure availability.
2.The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 The application for rezone is consistent with the Comprehensive Plan Land Use
Element. Surrounding uses include low-density residential to the north, commercial to the east, medium-density residential to the south, and medium-density residential
to the west.
3.There is merit and value in the proposal for the community as a whole.
3 .1 The proposed rezone application is consistent with the Comprehensive Plan Land
Use Map and the Goals and Policies as adopted by the Pasco City Council
(Ordinance 4537)
3 .2 The Comprehensive Plan has recently been updated for the area and now designates
the lot "Mixed Residential/Commercial." 3.3 The "Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1
and 0, and Waterfront zoning and may be developed with Mixed-use residential and
commercial uses.
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.
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. Mitigation
measures will be identified at the project/permit level.
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 Parcel 113900092 located on the east side of Heritage
Boulevard between E Lewis Street and E Helena Pasco, Franklin County, WA be rezoned from R-1-
A (Low Density Residential) to R-4 (High Density Residential).
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, •• f
Dated this _lX_ day of April, 2023.
CITY OF PASCO HEARING EXAMINER
An/£1:i.lf=-:J
Z 2022 013
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Item:Rezone -Jefferson Land"-R-1-A to R-4
"Exhibit B"_
licant(s):Lewis Place LL
#:Z 2022-013
0 70 140 280
S Road 30 East
Feet
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