HomeMy WebLinkAbout4573 Ordinance - Thanksgiving Partnership Zoning Determination (ZD 2021-002) ORDINANCE NO. 4573
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF
PASCO, WASHINGTON, ASSIGNING I-1 ZONING TO THE
THANKSGIVING LIMITED PARTNERSHIP ANNEXATION AREA, AS
RECOMMENDED BY THE HEARING EXAMINER.
WHEREAS, on November 10,2021,pursuant to PMC 25.220.020,the Hearing Examiner
of the City of Pasco conducted a public hearing to develop a recommendation for the assignment
of zoning to certain property, as set forth in Section 1 below (Property), in the event the property
was incorporated within the City; and
WHEREAS, the Hearing Examiner also recommended approval of the proposed zoning
designation after concluding,pursuant to PMC 25.210.060,that the proposal: (a)is consistent with
the Comprehensive Plan; (b) is not materially detrimental to the immediate vicinity; (c)has merit
and value for the community as a whole; (d) does not require conditions or mitigation measures;
and (e) does not require a concomitant agreement; and Council hereby adopts the Hearing
Examiner's findings, conclusions and recommendation as indicated in Exhibit A attached hereto;
and
WHEREAS, on January 18, 2022, Ordinance No. 4572 effectively annexed the Property
to the City of Pasco.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the following described area, situated in Franklin County,Washington to-
wit:
The South %z of the Northeast 1/ of Section 8, Township 9 North, Range 30 East,
W.M., together with rights-of-way, and access and utility easements as recorded in
the Records of Franklin County, State of Washington (Parcel 113130415);
comprising approximately $2.95 Acres.
Situated in Franklin County, Washington.
Together with and subject to Easements, Reservations, Covenants, and Restrictions, of
record and in View, as depicted in the map attached hereto and labeled Exhibit B be and the same
is hereby assigned I-1 Light Industrial zoning.
Section 2. That any and all zoning maps be and the same are hereby amended to conform
to the aforesaid assignment of zoning.
Section 3. This Ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
Ordinance—Thanksgiving Partnership Zoning Determination(ZD 2021-002)- 1
PASSED by the City Council of the City of Pasco, Washington, this 18�'day of January,
2022.
Craig Maloney
Mayor Pro Tem
ATTEST: APPROV ORM:
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Debra Barham, CMC Kerr Fe L LLC
City Clerk City to y
Published: e0V1P5�l�.v' � Z b ZctLZ
Ordinance—Thanksgiving Partnership Zoning Determination(ZD 2021-002)-2
Item: Thanksgiving Partnership Annexation N
"Exhibit A�� Applicant: Thanksgiving Partnership LLC w � E
File #: ANX 2021-002/ZD 2021-002 s
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CITY OF PASCO HEARING EXAIVIINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
) FACT,RECOMMENDED
ZD 2021-002 ) CONCLUSIONS OF LAW,
Thanksgiving Limited Partnership,LP ) AND RECOMMENDATION
)
TIiIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
November 10, 2021, the Hearing Examiner having taken evidence hereby submits the following
Recommended Findings of Fact, Recommended Conclusions of Law, and Recommendation as
follows:
I. RECOMMENDED FINDINGS OF FACT
1. PROPERTY/APPLICATION DESCRIPTION:
1.1 L� The South '/a of the Northeast'/of Section�,Township 9 North,Range 30
East,W.M.,together with rights-of-way,and access and utility easements as recorded
in the Records of Franklin County, State of Washington;comprising approximately
82.95 Acres. (Franklin County Assessor's Par�+al No. l 13130415).
1.2 General Location:East of North Capitol Avenue approximately 1,400 feet south of
Foster Wells Road.
1.3 Pronerty Size: 82.95 Acres.
1.4 A nlp 1C817t: Robert Tippett c/o Thanksgiving Limited Partnership L.P.,PO Box 3027,
Pasco, WA 99302-3027.
1.5 Zonin�Determination: Development of a�oning recommendation for the
Thanksgiving Limited Partnership,L.P. Annexation located east of North Capitol
Avenue appro�cimately 1,400 feet south of Foster Wells Road.
2. ACCESS: The site is accessed from North Capitol Avenue.
3. UTILITIES: Water and sewer are available in North Capitol Avenue.
4. LAND USE AND ZONING: The site is zoned AP-20(Ag Production 20 Acres)and is
being farmed with an irrigation pivot. Surrounding properties are zoned and developad as
follows:
North: RR-5 (County) Farming; SFDUs
East: AP-20(County) Farming; SFDUs
South: I-1 Agricutture
West: I-1 Industrial;Food Processing
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Industrial.
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Thanksgiving Limited Partnership LP
Page 1 of 6
6. On October l 8,2021,the City Council approved a resolution aecepting a notice of intent to
annex 82.95 acres generally located east of North Capitol Avenue approximately 1,400 feet
south of Foster Wells Road.
7. Following acceptance of the Notice of Intent and prior to Council action on an annexation
petition,the Hearing Examiner is to hold a zoning determination hearing.The purpose of said
hearing is for the Hearing Examiner to recommend appropriate zoning districts for the
proposed annexation area in the event it may become part of the City.
8. In determining the most appropriate zoning for the annexation area,the Hearing Examiner
needs to consider the existing land uses,nearby development, zoning, policies of the
Comprehensive Plan and the Land Use Designations of the Land Use Map.The Hearing
Examiner also needs to be guided by the criteria in PMC 25.210.060(as discussed below)in
developing a zoning recomrnendation.
9. The purpose of the annexation is to assist with the expansion of industrial businesses within
the area.
10. To maintain consistency with current zoning, land uses,utility planning and the
Comprehensive Plan industrial zoning should be applied to the proposed annexation azea.
The use of the I-1 Light lndustrial zone for the area will allow for future expansion of
industrial8nterprises.
11. The initial review criteria for considering a rezone applieation are explained in PMC
25.210.030. The criteria are listed below as follows:
11.1 The date the e�cisting zone became effective:The current zoning was initiated by the
County(No known date).
1 l.2 The changed conditions which are alleged to warrant ot�er or additional zoning:
11.2.1 The property is located within the Pasco Urban Growth Boundary.
11.2.2 The property in question is being annexed to the City of Pasco.
l 1.23 Upon annexation the property will need to be zoned.
11.2.4 Considerable utility planning and construction has taken place to support
existing and future industrial development within the proposed annexation
are�.
I 1.3 Facts to justify the change on the basis of advancing the public health,safety and
general welfare:
11.3.1 The property is being annexed to the City and will need to be zoned.The
justification for the rezone is the fact that if a zoning designation is not
determined the property could become annexed without zoning.For the
advancement of the general welfare of the community the property needs to
be zoned.
11.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
11.4.1 Applicant has requested I-1 zoning for the area;rezoning the property to I-1
will result in a more intense zoning than the current County AP-20(Ag
Production 20 Acres), but would allow industrial development in the
neighborhood,in alignment with the Comprehensive Plan Land Use
designation for the area. The nature and value of adjoining properties may
be impacted by applying industrial zoning in the area.
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1 l.5 The effect on the property owner or owners if the request is not granted:
11.5.1 Without the annexation area being assigned a specific zoning district,the
area will essentially be un-zoned upon annexation.The area needs to be
zoned to provide certainty and benefit to the property owners and the
adjoining property owners.
11.6 The Comprehensive Plan land use designation for the property:
11.6.1 The Comprehensive Plan Land Use Designation for the property is Industrial.
12. The site contains approximately 82.95 acres and is located east of North Capitol Avenue
approximately 1,400 feet south af Foster Wells Road.Surrounding contiguous properties to
the south and west were anrtexed in 1963 (Ordinance 1078)and 2021 (Ordinance 4546),
respectively.
13. The parcel is all located within the Urban Growth Area(UGA). The parcel in the proposed
annexation area is designated by the Comprehensive Plan map for industrial development.
14. The Description and Allocation Table of the Comprehensive Plan specifies that Industrial
areas allow for Manufacturing,food processing,storage and wholesale distribution of
equipment and products,hazardous material storage and transportation related facilities,and
are appropriate for I-1, T-2 and[-3 zoning.Criteria for annexation in these areas may include
the following:
14.1 Port of Pasco properties;
14.2 Land convenient to rail yards;
14.3 Land convenient to industrial waste water treatment facility;
14.4 Land convenient to the regional transportation system;
14.5 Availability ofnecessary utilities to serve the use;
14.6 Relatively level land suitable for heavy building sites.
1 S. The proposed annexation area is within the City's service area as identified in the
Comprehensive Water and Sewer Plans.
16. Land annexed within the arsa typically adopts the current County zoning designation for that
parcel,which is AP-20(Ag Production 20 Acres). However the Comprehensive Plan Land
Use map designatcs the area for industrial uscs, due to adjacent industrial uses.
17. Public notice of this hearing was posted in the Tri-City Herald and sent to property owners
within 300 feet of the property on October 18,2021.
18. The City Council approved a resolution accepting a notice of intent to annex an October 18,
2021.
19. The site comprises 82.95 acres.
20. The site is generally located east of North Capitol Avenue approximately 1,400 feet south of
Foster Wells Road.
21. The Hearing Examiner must,and did,consider
21.1 The existing land uses;
21.2 Nearby development;
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21.3 Zoning and policies of the Comprehensive Plan;
21.4 Land Use Designations of the Land Use Map.
22. The current zoning was initiated by the County(No known date).
23. The property is located within the Pasco Urban Growth Boundary.
24. The property is being annexed to the City of Pasco.
25. Upon annexation the property will need to be zoned.
26. Considerable utility planning and construction has taken place to support existing and future
industrial development within the proposed annexation area.
27. Applicant has requested I-1 zoning for the area.
28. Rezoning the property to I-1 will result in a more intense zoning than the current County AP-
20(Ag Production 20 Acres).
29. Rezonmg the property to I-1 would allow industrial development in the neighborhood.
30. Rezoning the property to I-1 wauld be in alignment with the Comprehensive Plan Land Use
designatian for the area.
31. The nature and value of adjoining properties may be impacted by applying industrial zoning
in the area.
32. Without the annexation area being assigned a specific zoning district, the area will be un-
zoned upon annexation.
33. The Co�nprehensive Plan Land Use Designation for the property is Industrial.
34. The site contains approximately 82.95 acres.
35. Property to the south was annexed in 1963 (Ordinance 1078).
36. Property to the west was annexed in 2021 (Ordinance 4546).
37. The Description and Allocation Table of the Comprehensive Plan specifies that Industrial
areas allow for Manufacturing, food processing, storage and wholesale distribution of
equipment and products,hazardous material storage and transportation related facilities
38. The Description and Allocation Table of the Comprehensive Plan specifies that Industrial
areas are appropriate for i-], I-2 and I-3 zoning. �
39. Criteria for annexation in these areas may include the following:
39.1 Port of Pasco properties;
39.2 Land convenient to rail yards;
393 Land convenient to industrial waste water treatment facility;
39.4 Land convenient to the regional transportation system;
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39.5 Availability of necessary utilities to serve the use;
39.6 Relatively level land suitable for heavy building sites.
40. The praposed annexation area is within the City's service area as identified in the
Comprehensive Water and Sewer Plans.
41. Land annexed within the area typically adopts the current County zoning designation for that
parcel, which is AP-20 (Ag Production 20 Acres). However, the Comprehensive �lan Land
Use map designates the area for industrial uses, due to adjacent industrial uses.
42. An open record public hearing after due legal notice was held November 10, 2021 via
videocanference.
43. Appearing and testifying on behalf of the applicant was Charles Laird. Mr. Laird testified
that he was an agent authorized to speak on behalf of the property owner and Applicant. Mr.
Laird indicated that the Applicant agreed with all representations in the staff report. Mr,
Laird also testified that the legal name of the property owner Thanksgiving Limited
Partnership, L.P.
44. No member of the public appeared at the hearing.
45. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
46. Any Conclusion of Law that is more correctly a Finding of Fact fs hereby incorporated as
such by this reference.
II.RECOMMENDED CONCLUSIONS OF LAW
Before recommending approval or denial of a rezone,the Hearing Examianer must develop findings of
fact from which to draw its 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.
1.2 Industrial and agricultural related activities have been encouraged to locate in the
northeast snd eastern sections of the UGA. These areas already contain or are
adjacent necessary infrastructure to support industrial land uses. The City and the
Port of Pasco have spent many years developing utilities and streets to serve thase
industrial lands. King City, including the Pasco Processing Center has been
designated in City of Pasco comprehensive plans as industrial areas for three decades
and the continued designation as such will preserve the areas for industrial needs for
future generations.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 Zoning the proposed annexation area I-1 will cause the site to be consistent with the
Comprehensive Plan.
3. There is merit and value in the proposal for the eommunity as a whole.
3.1 There is merit and value in following the guidance of the Comprehensive Plan when
assigning zoning to properties within the community. The Plan has indicated this
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Page 5 of 6
property should be zoned Industrial. Assigning Industrial wning could lead to
additional employment opportunities for Pasco residents.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
4.1 The proposal is consistent with the Comprehensive Plan and no mitigation measures
are needed. Applicant shall be reyuired to install improvements and infrastructure per
City of Pasco requirements.
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 A concomitant agreement is not needed.
6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
III. RECOMMENDAT70N
Based on the above Recommended Findings of Fact and Conclusions of Law,the Hearing E�miner
RECOMMENDS to the Pasco City Council to zone the Thanksgiving Limited Partnership, L.P.
Annexation Area to I-1 as depicted on the proposed zoning map.
Dated this 15�'day of November,2021.
CITY O . PA CO HEARING EXAMINER
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A ew L.Kottkamp
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Thanksgiving Limited Parh�ership LP
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