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Home My WebLink About4577 Ordinance - SG Land Management LLC_Harris Road Zoning Determination (ZD 2020-002) ORDINANCE NO.4577 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF PASCO, WASHINGTON, ASSIGNING R-3 MEDIUM DENSITY RESIDENTIAL ZONING TO THE HARRIS ROAD ANNEXATION AREA AS RECOMMENDED BY THE HEARING EXAMINER. WHEREAS, on August 2, 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 attached hereto as Exhibit A; and WHEREAS, on February 7, 2022, Ordinance No. 4576, 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: That portion of the Northwest quarter of Section 18, Township 9 North, Range 29 East, W.M. and the Northeast quarter of Section 13, Township 9 North, Range 28 East, W.M., described as follows: Commencing at the Northwest corner of said Section 18; Thence South 0°19'39" West along the West line of said Section 40 feet to the Southerly right of way line of Harris Road; Thence North 89°38'39" East along said right of way line 177.98 feet to the Northwest corner of Parcel "A" as shown on that Record of Survey recorded in Book 3 of Surveys,Page 992,records of Franklin County,Washington, and the Point of Beginning; Thence South 89°55'20" East along the North line of Parcel"A"and Parcel"B"of said Survey 882.75 feet;Thence South 1°20'30"West 437.43 feet; Thence South 89°59'S1" East 686.68 feet to the Easterly line of said Parcel "B"; Thence South 3°04'35" East 216.66 feet to the Northwesterly right of way line of State Route 182; Thence Southwesterly along said right of way line to the intersection of the Northerly right of way line of Court Street; Thence Ordinance-Harris Road Annexation ZD 2021-002- 1 Southwesterly perpendicular to the Southerly right of way line of said Court Street to a point on said Southerly right of way line; Thence Northwesterly along said right of way line to the Easterly line of that portion of said Parcel "A" lying Southerly of said Court Street; Thence South 87°50'12" West along said Easterly line 19.06 feet; Thence South 35°08'12" West along said Easterly line 170.80 feet to the most Southerly corner of said Parcel "A"; Thence North 55°07'35" West along the Southerly line of said Parcel "A" 154.46 feet to the Southwest corner of said Parcel "A"; Thence North 0°21'S6"East along the Westerly line of said Parcel "A" 288.77 feet to the Northerly right of way line of said Court Street; Thence Northwesterly along said right of way line to the most Westerly corner of said Parcel"A";Thence North 21°47'33"East 82.11 feet;Thence North 74°31'02"East 185.00 feet; Thence North 0°19'30" East 1074.27 feet to the Point of Beginning; Comprising approximately 38 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 R-3 Medium Density Residential 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. PASSED by the City Council of the City of Pasco, Washington, this 7�' day of February, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _.�'�"��--- Debra Barham, CMC Kerr Ferguson aw, PLLC City Clerk City Attorney Published: —f: u / 02-�-- Ordinance-Harris Road Annexation ZD 2021-002-2 CITY OF PASC�HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ZONING DETERMINATION RECOMMENDATION Zoning Determination Recommendation Harris Farm Annegation ZD 2020-002 August 2, 2021 l. FINDINGS OF FACT 1.1 Proposal. Request for zoning recommendation of R-3 zoning for 37.70-acre annexation area. • Location. Near southeast corner of West Court Street and Harris Road. Two parcels with tax numbers 118 180 068 and 118 180 139.1 • Applicant. Peter Strizhak c/o SG Land Management LLC, 6159 W Deschutes Ave, Ste 509, Kennewick, WA 99336-7741. 1.2 Land Use, Designations, and Rezone Request. The site is within one of several County "islands" within the City's urban growth area. The City is considering annexing it. The site's Comprehensive Plan designation is Medium-High Density Residential, which provides for densities of 8-15 dwelling units per acre. The MHDR zoning category has not been created yet, but R-3 zoning most closely approximates what is contemplated, accommodating 8-15 dwelling units per acre. The R-3 zone is compatible with surrounding uses and zoning,which include: • North: RT (Agriculture/vacant) • East: RS-20; C-1; Freeway(Single family homes/former manufacturing/I-182) • 5outh: RT (Single family homes/vacant) • West: RT (Agriculture/vacant) 1.3 Annezation. The annexation is not before the Examiner. The Examiner's zoning determination recommendation will be forwarded to the City Council for the public hearing on the annexation. If annexed, the Council would adopt a separate ordinance zoning the property.2 1.4 Evidence Reviewed. The Examiner admitted the Department's Staff Report, which attached maps (overview, vicinity, use, zoning, and comprehensive plan), photographs of the surrounding area, and an annexation area map. Except as revised, the Staff Report is incorporated. 1 The Staff Report contains the legal descriptions on pp. 1-2. �PMC 25.220.020. City of Pasco Hearing Examiner Page 1 of 3 Zoning Deternunation Recommendation,ZD 2020-002 1.5 Hearing. An open record public hearing was held on July 14, 2021. The hearing was conducted remotely, but with in-person attendance allowed. Access information was available to the public to allow citizens to join via either a video link or telephone call-in, if they elected to not attend in person. There was some video feed connectivity disruption during the hearing. To ensure any citizens who wished to comment could provide input, the record was kept open for a week, through July 21. The Examiner stated that if there were any concerns on comment, or a need to re-open the hearing, comments on same should be submitted during this period. No additional written comments were received. At the hearing, the Department, through Mr. Adams, summarized the proposal.No one from the public indicated a wish to testify. 1.6 Notice. Notice was mailed to property owners within 300 feet and published in the Tri-City Herald.3 No concerns with notice were raised.Notice met code requirements.4 1.7 Written Public Comment.No written public comment was received. 1.8 Utilities. Water and sewer services are available via a 12" water line and 18" sewer line in West Court Street. A 30" sewer line has recently been installed along the east property line of Parcel 11 S 1 SO 139. 1.9 Access. West Court Street and Harris Road. 1.10 Rezone Considerations. A rezone to R-3 implements the Comprehensive Plan, and is in accord with its goals and policies, which encourage development of lands designated for medium-density residential uses where utilities are available, the location is suitable for same, and there is a market demand for such residences. The rezone allows for the construction of inedium density housing, which is needed in Pasco. With greater densities, economic opportunities can arise from use co-location, which can reduce vehicle trips. The rezone will contribute to infill of affordable housing opportunities proximate to public facilities and commercial centers. Development regulations are in place to address redevelopment impacts. 2. CONCLUSIONS The Comprehensive Plan is central is considering zoning associated with an annexation proposal. "The establishment of zoning for annexation areas shall be guided by the land use designations and policies of the Comprehensive Plan."5 In standard zoning recommendations, the Comprehensive Plan is also central,but other criteria are also considered. (a) The proposal is in accord with the goals and policies of the Comprehensive Plan; (b) The effect of the proposal on the immediate vicinity will be materially detrimental; (c} There is merit and value in the proposal for the community as a whole; 3 Staff Report,p.6. 4 PMC 25.210.040 and 25.220.020. 5 PMC 25.220.030. City of Pasco Hearing Examiner Page 2 of 3 Zoning Determination Recommendation,ZD 2020-002 (d) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal; (e) A concomitant agreement should be entered into between the Cit�y and the petitioner, and, if so, the terms and conditions of such an agreement. The initial zoning petition has additional requirements, which the Staff Report details, which focus on the rationale for the zone change, including changed conditions, consistency with the public, health safety and welfare, the effect on adjoining pro�erties and on the property owner (if not granted), and the Comprehensive Plan designation. These latter considerations ensure there is adequate information before the Examiner. These details were provided. As the Findings detail, the rezone follows the criteria for a rezone associated with an annexation, and the standard rezone criteria. The proposed zoning is consistent with the Comprehensive Plan Land Use Map. Surrounding uses are in an area of transition so include vacant and agricultural lands as well as residential development. The rezone allows for medium residential densities in keeping with Plan objectives to accommodate planned growth within the City. There is no material detriment to the area. Due to the City's existing regulatory structure and future project-level review, there is no need for a concornitant agreement. The requested rezone meets the City's rezone criteria. Should annexation proceed, the Examiner's zoning recommendation determination is that the requested zoning is consistent with the City's rezone criteria and should be applied to the properties. RECOMMENDATION The Hearing Examiner's zoning determination recommendation is approval of the rezone to the City's R-3 zone. RECOMMENDATION entered August 2 2021. City of Pasco Hearing Examiner Susan Elizabeth Drummond 6 PMC 25.210.060;PMC 2.50.080. 'Staff Report,pp.4-5;PMC 25.210.030. 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