HomeMy WebLinkAboutHE Recommendation ZD 2021-007 Lamb 5 LLC CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
ZD 2021-007 ) CONCLUSIONS OF LAW,AND
Lamb 5,LLC. ) RECOMMENDATION
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
May 11, 2022, 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. Applicants: RP Development, Inc., 6159 W Deschutes Avenue Suite 509,Kennewick
WA 99336 and Lamb 5 LLC, 10220 Maple Drive, Pasco WA 99301.
2. Zoning Determination request: Development of a zoning recommendation for the Lamb
5 LLC Annexation of approximately 90.21 acres located at the northwest corner of Road
68 and West Court Street.
3. Property/Application Description:
3.1 That portion of the Southeast Quarter of Section 21 and the Southwest
Quarter of Section 22, all in Township 9 North, Range 29 East, W.M. described
as follows:
Beginning at the intersection of the North Right-of-Way line of Court Street and
the future Cast Right-of-Way line of Road 72.
Thence North along said East Right-of-Way line of Road 72 and the existing
City Limits line as described in Auditor's File Number 161198, Records of
Franklin County Washington,to the North line of the Southwest Quarter of the
Northeast Quarter of said Southeast Quarter; thence East along said North line
to the Northwest Corner of the Southeast Quarter of said Northeast Quarter of
said Southeast Quarter;thence South 01°29'03" West a distance of 5.50 feet;
thence North 89°40'26"East a distance of 155.42 feet; thence South 89011'44"
East a distance of 74.65 feet;thence South 89°26'07" East a distance of 404.68
feet; thence North 01°29'19" East a distance of 3.42 feet to the North line of the
Southeast Quarter of the Northeast Quarter of the said Southeast Quarter;thence
East to the East Right-of-Way line of Road 68;thence South along the East
Right-of-Way line of Road 68 to the intersection with Westerly projection of the
South line of Buttercreek Estates Phase 2;thence Easterly along said Westerly
projection and along the South line of Buttercreek Estates Phase 2 to the East
line of Buttercreek Estates Phase 2;thence South 15 feet to a Point 15 feet South
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of the North line of the Southwest Quarter of said Southwest Quarter of Section
22;thence Easterly parallel to said North line to the intersection with the East
Right-of-Way line of Road 64; thence South along the East Right-of-Way line
of Road 64 to the North Right-of-Way line of Court Street; thence West along
the North Right-of-Way line of Court Street to the Point of Beginning.
3.2 Parcels 118602067, 118602058, 118602049, 118602030, 118602021,
118602014, 118602013, 118601066, 118601065, 118601064, 118601063,
1 1 860 1 062, 118601061, 118601060, 118601059, 118601058, 118601057,
1 1 8601 056, 1 1 8601 055, 1 1 8601 054, 1 1 8601 053, 1 1 860 1 052, 118601051,
118601031, 118601022, 118601013, 118601012, 118601011, 118601010,
118601009, 118601008, 118601007, 118601006, 118502068, 118502059,
118502040, 1 1 850203 1, 118502022, 118501050, 118501041, 118501028,
118501027, 118501026, 118501025, 118501024, 118501023, 118501022,
1 1 8501 021, 1 1 8501 020, 118501019, 118501018, 118501017, 118501016,
118501014, 118472097, 118472096, 118472095, 118472094, 118472093,
118472083, and 118471020.
3.3 General Location: Located at the northwest corner of Road 68 and West Court
Street.
3.4 Property Size: Approximately 90.21 acres of land.
4. Access: The site is accessed from Road 68 and West Court Street.
5. Utilities: Water and sewer service are located in West Court Street.
6. Land Use and Zoning: Applicant's original site is zoned RS-20 (Suburban-County)
and contains a single residential unit.
7. Surrounding properties are zoned and developed as follows:
North: RS-20 (County) SFDU/Vacant
East: C-1 (County) Agriculture; SFDUs
South: C-1; R-2 Vacant
West: RS-20(County) SFDUs;Agriculture
8. Comprehensive Plan: The Comprehensive Plan designates the site for Low Density
Residential, Medium-Density Residential, and Commercial uses (See Comprehensive
Plan Map).
9. Environmental Determination: The City of Pasco is the lead agency for this project. An
environmental detennination will be made after the public hearing for this project. A
Determination of Non-Significance or a Mitigated Determination of Non-Significance is
likely for this application(WAC 197-11-355).
10. On January 18, 2022, the City Council approved Resolution 4140 accepting a notice of
intent to annex approximately 90.21 acres generally located in the area at the northwest
corner of Road 68 and West Court Street.
11. 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
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zoning districts for the proposed annexation area in the event it may become part of the
City.
12. 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 recommendation.
13. The purpose of the annexation is to expand primarily residential and commercial
opportunities within the City of Pasco's Urban Growth Area(UGA).
14. To maintain consistency with current zoning, land uses, utility planning and the
Comprehensive Plan, appropriate zoning should be applied to the proposed annexation
area.
15. The initial review criteria for considering a rezone application are explained in PMC
25.210.030. The criteria are listed below as follows:
15.1 The date the existing zone became effective: The current zoning was initiated by
the County(No known date).
15.2 The changed conditions which are alleged to warrant other or additional zoning:
15.2.1 The property is located within the Pasco Urban Growth Boundary.
15.2.2 The property in question is being annexed to the City of Pasco.
15.2.3 Upon annexation the property will need to be zoned.
15.3 Facts to justify the change on the basis of advancing the public health, safety
and general welfare:
15.3.l 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.
15.4 The effect it will have on the value and character of the adjacent property and
the Comprehensive Plan:
15.4.1 Staff has recommended RS-20(Suburban) R-1 (Low-Density
Residential), R-2 (Medium-Density Residential),R-3 (Medium-Density
Residential),and C-1 (Retail Business)zoning for the annexation area.
The Applicants have requested R-3 (Medium-Density Residential)
zoning for their ownership interest in the area; rezoning the property to
RS-20, R-1, R-2, R-3 and C-1 will align closely with the
Comprehensive Plan Land Use designations for the area.
15.5 The effect on the property owner or owners if the request is not granted:
15.5.1 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,
developers,and adjoining property owners.
15.6 The Comprehensive Plan land use designation for the property:
15.6.1 The Comprehensive Plan Land Use Designations for the property
include Low Density Residential, Medium-Density Residential, and
Commercial uses (See Comprehensive Plan Map).
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16. The site contains approximately 90.21 acres and is located at the northwest corner of
Road 68 and West Court Street.Contiguous properties to the south and west were
annexed in 2002(Ordinance 3532) and to the east in 2013 (Ordinance 4077).
17. The parcels are all located within the Urban Growth Area(UGA). Parcels in the
proposed annexation area are designated by the Comprehensive Plan map for Low
Density Residential,Medium-Density Residential, and Commercial uses(See
Comprehensive Plan Map).
18. The Description and Allocation Table of the Comprehensive Plan specifies the
following Purposes, Descriptions,and allowed zoning for each Land Use Designation:
Classification Purpose and Description Zoning*
Low Density Single family residential development at a R-S-20; R-S-12; R-S-1;
Residential density of 2 to 5 dwelling units per acre R-l; R-1-A; R-1-A2
Single-family dwellings, patio homes, R-2 through R-4; RP
Medium Density townhouses, apartments, and condominiums
Residential at a density of 6 to 20 dwelling units per
acre
Neighborhood,community and regional O; BP; C-1; C-2; C-3;
Commercial shopping and specialty centers,business CR
parks, service and office uses
19. The proposed annexation area is within the City's service area as identified in the
Comprehensive Water and Sewer Plans.
20. Public notice of this hearing was posted in the Tri-City Herald and sent to property
owners within 300 feet of the property on March 24, 2022.
21. City Council approved Resolution 4140 on January 18, 2022,accepting a notice of
intent to annex.
22. The site consists of approximately 90.21 acres.
23. The site is located at the northwest corner of Road 68 and West Court Street.
24. The current zoning was initiated by the County(No known date).
25. The property is located within the Pasco Urban Growth Boundary.
26. Staff has recommended the following zoning designations for the annexation area:
26.1 RS-20(Suburban)
26.2 R-1 (Low-Density Residential)
26.3 R-2 (Medium-Density Residential)
26.4 R-3 (Medium-Density Residential)
26.5 C-1 (Retail Business)
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27. Applicants have requested R-3 (Medium-Density Residential) zoning for their
ownership interest in the area.
28. Rezoning the property to RS-20, R-1, R-2, R-3 and C-1 will align closely with the
Comprehensive Plan Land Use designations for the area.
29. The Comprehensive Plan Land Use Designations for the property include Low Density
Residential, Medium-Density Residential, and Commercial uses
30. Contiguous properties to the south and west were annexed in 2002.
31. Contiguous properties to the east were annexed in 2013.
32. The parcels are all located within the UGA.
33. An open record public hearing after due legal notice was held May 11, 2022 via
videoconference.
34. Appearing and testifying on behalf of the Applicant was Paul LaVrentiev. Mr.
LaVrentiev testified that he was an agent authorized to appeal and speak on behalf of
Lamb 5, LLC. Mr. LaVrentiev indicated that he agreed with all the representations set
forth within the staff report. Their desire was that the north portion of the Lamb 5, LLC
property be zoned R-3 and the southern portion Commercial.
35. Testifying from the public were the following persons;
35.1 Eli Suarez. Mr. Suarez owns property on Pearl Street in the RS-20 zone. He has
concerns about the densities allowed within the R-3 zone that would create
traffic issues on Pearl Street. He requested that the property be zoned RS-20 to
be consistent with their zoning.
35.2 Mizael Acededo. Mr. Acededo testified that he agreed with the testimony of Mr.
Suarez. He too is concerned with increased traffic on Pearl Street that would
result from an R-3 zoning. He asked that the zoning be R-1.
35.3 In response, Mr. LaVrentiev indicated that the R-3 zoning is consistent with the
Comprehensive Plan designation.
36. The staff report, application materials, agency comments and the entire file of record
were admitted into the record.
37. 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 or denial of a rezone, the Hearing Examiner 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:
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I. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
1.2 Applicants have requested R-3 (Medium-Density Residential) zoning for properties
they control in the annexation area; Staff recommends C-1 (Retail Business), RS-20
(Suburban), R-1 (Low-Density Residential), R-2 (Medium-Density Residential), and
R-3 (Medium-Density Residential) zoning for the area; rezoning the property to C-
1, RS-20, R-1, R-2, and R-3 will align closely with the Comprehensive Plan Land
Use designations for the area.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 Zoning the proposed annexation area C-1 (Retail Business), RS-20 (Suburban),
R-1 (Low-Density Residential), R-2 (Medium-Density Residential), and R-3
(Medium-Density Residential) will cause the site to be consistent with the
Comprehensive Plan which was approved by City Council.
3. There is merit and value in the proposal for the community 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 property should be zoned Low Density Residential, Medium-
Density Residential,and Commercial(See Comprehensive Plan Map).assigning
C-1, RS-20, R-1, R-2, and R-3 zoning will lead to additional housing,
convenient shopping, and 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 required 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. RECOMMENDATION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing
Examiner RECOMMENDS to the Pasco City Council to zone Lamb 5 LLC Annexation Area,
to the following zoning designations: C-1 (Retail Business), RS-20 (Suburban), R-1 (Low-
Density Residential), R-2 (Medium-Density Residential), and R-3 (Medium-Density
Residential), as depicted on the proposed zoning map (Exhibit "A") attached to this
recommendation.
Dated this 16th day of May,2022.
CITY F ASCO HEARING EXAMINER
rew L. Kottkamp
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Item: Lamb 5 LLC Annexation
"Exhibit A" Applicants: Lamb 5 LLC c/o Ann Rouse
File #: ANX 2021-007 / ZD 2021-007
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