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HomeMy WebLinkAboutHE Recommendation Z 2022-004 Broetje Orchards LLC RT to R-1 Rezone CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION Z 2022-004 ) Broetje Orchards,LLC ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on June 8, 2022, 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 Leal: Block 5, Washington Addition to Pasco(Parcel 113881024). 1.2 General Location: South of East Helena Street between South Road 30 East and Rama Court. 1.3 Property Size: 2.17 acres(94,340.69 square feet) 1.4 Applicant: Broetje Orchards LLC c/o Adan Suarez, 3713 East A Street,Pasco WA 99301. 1.5 Reguest: RT (Residential Transition)to R-1 (Low-Density Residential) 2. ACCESS: The site has access from East Helena Street. 3. UTILITIES: Water and sewer are available in East Helena Street. 4. LAND USE AND ZONING: The lot is currently zoned RT(Residential Transition) and is vacant. Surrounding properties are zoned and developed as follows: North: R-1 SFDUs (Under Development) East: R-1 SFDUs/Vacant South: RT Vacant/SFDU West: RT/R-1 Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Low-Density Residential uses. Those portions of the community designated for Low-Density Residential development by the Comprehensive Plan could be zoned R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2. The proposal supports the following Comprehensive plan goals: 5.1 Land Use Goal LU-3: Maintain established neighborhoods and ensure new neighborhoods are safe and enjoyable places to live. 5.2 Land Use Goal LU-4: Increase community accessibility through proper land use planning. Z 2022 004 Broetje Orchards,LLC Page 1 of 6 5.3 Land Use Goal LU-5: Maintain a broad range of residential land use designations to accommodate a variety of lifestyles and housing opportunities. 5.4 Land Use Policy LU-5-A Policy: Allow a variety of residential densities throughout the UGA. 5.5 Land Use Goal LU-6: Encourage distinctive quality community and regional commercial and industrial developments that support the city's overall development goals. 5.6 Housing Goal H-1: Encourage housing for all economic segments of the city's population consistent with the local and regional market. 5.7 Housing Goal H-3: Encourage housing design and construction that ensures long term sustainability and value. 5.8 Housing Goal H-4: Support efforts to provide affordable housing to meet the needs of the community. 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 on June 1, 2022 for this project under WAC 197-11-158. 7. REQUEST: Applicant is seeking to rezone the property south of Fast Helena Street between South Road 30 East and Rama Court from RT (Residential Transition) to R-1 (Low-Density Residential) consistent with the Comprehensive Plan designation for the property. The current RT zoning designation does not lend itself well to either sales or development of the properties. Under the current Comprehensive Plan land use designation of Low-Density Residential the properties could be zoned R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2. 8. HISTORY: The site was originally platted into Pasco in 1913 as part of the Washington Addition to Pasco, then de-annexed in 1921 (Ordinance 319) and subsequently (re)annexed into the City in 1994 and assigned RT (Residential Transition) zoning (Ordinance 3033). The RT zone is typically used as a holding zone for areas that lack utility services. As utilities and infrastructure become available RT zoned properties are then zoned to align with the land use designations of the Comprehensive Plan. 9. Rights-of-way were dedicated in conjunction with the original 1913 Washington Addition to Pasco plat for both East Helena Street, located along the north property line of Block 5, and South Sprague Avenue, which runs along the west side of block 5. East Helena Street has been recently improved in conjunction with the Empire Estates subdivision to the north. South Sprague Avenue will need to connect East Helena to Fast "A" Street in conjunction with any future development. 10. This site lies within the Pasco Landfill Groundwater Protection Area (see City of Pasco Municipal Code Section 16.15.060). Any domestic water wells on the property must be decommissioned in accordance with WAC 173-160; all future water use on the property (domestic and landscaping) must be sourced from the City of Pasco. 11. 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: 11.1 The date the existing zone became effective: Z 2022 004 Broetje Orchards, LLC Page 2 of 6 11.1.1 The current zoning classification of RT (Residential Transition) became effective on July 23, 1994, upon annexation into the City. 11.2 The changed conditions, which are alleged to warrant other or additional zoning: 11.2.1 Both low- and high-density residential uses have been developed to the east of the site. Currently, this property is undeveloped; two new 1-million- square-foot Amazon fulfillment center buildings are currently under construction nearby, as well as other sizable industrial developments; considering the new industries coming to the area there is an increased need for affordable housing(both rental and home ownership)in Pasco. 11.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 12.3.1 The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. The rezone will allow for development of Low-Density Residential uses in the area, providing housing opportunities for Pasco residents. 11.4 The effect it will have on the value and character of the adjacent properties and the Comprehensive Plan: 11.4.1 A change in zoning classification may ultimately result in the development of Low-Density Residential housing consistent with the Comprehensive Plan. Any development will require developers to install/upgrade street, utilities, and landscaping in the area, thus improving the value of surrounding properties. 11.5 The effect on the property owner or owners if the request is not granted: 11.5.1 Because the RT zoning only permits a single family home on a minimum of 5 acres for development, and the property comprises approximately 2.17 acres, any proposed residential uses would be prohibited. Applicants will be severely limited by the constraints of the RT zoning designation in their ability to either develop or to sell the property. 12. Public notice of this hearing was sent to property owners within 300 feet of the property and in the Tri-City Herald on May 24, 2022. 13. Applicant wishes to rezone the property south of East Helena Street between South Road 30 East and Rama Court from RT to R-1. 14. The site is Block 5 of the 1913 Washington Addition to Pasco plat. 15. The site was annexed into the City and assigned RT zoning in 1994 in conjunction with annexation. 16. The site comprises approximately 2.17 acres. 17. The site is vacant. 18. The current Comprehensive Plan land use designation is Low-Density Residential 19. The Low-Density Residential land use designation allows for R-S-20, R-S-12, R-S-1, R-1, R- 1-A, and R-1-A2 zoning. Z 2022 004 Broetje Orchards, LLC Page 3 of 6 20. Both low-and high-density residential uses have been developed to the east of the site. 21. Rights-of-way were dedicated for both East Helena Street, and South Sprague Avenue. 22. East Helena Street has been recently improved in conjunction with the Empire Estates subdivision to the north. 23. The South Sprague Avenue right-of-way runs along the west side of block 5. 24. South Sprague Avenue will need to connect East Helena to East"A Street in conjunction with any future development. 25. The proposed zoning request is consistent with the Comprehensive Plan. 26. The Comprehensive Plan has been determined to be in the best interest of advancing public health,safety,and general welfare of the community. 27. Any development will require developers to install/upgrade street, utilities and landscaping in the area. 28. The RT zoning permits single family homes on a minimum of 5 acres for development. 29. The site lies within the Pasco Landfill Groundwater Protection Area 30. Any domestic water wells on the property must be decommissioned in accordance with WAC 173-160 31. All future water use on the property (domestic and landscaping)must be sourced from the City of Pasco. 32. An open record public hearing after due legal notice was held June 8,2022 via videoconference. 33. Appearing and testifying on behalf of the applicant was Adan Suarez. Mr. Suarez stated he is the agent for the property owner and Applicant.He testified that he agreed with all representations in the staff report. 34. No member of the public testified at the hearing. 35. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 36. 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 25.86.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. 1.1 The proposal supports the following Comprehensive plan goals: Land Use Goal LU- 3: Maintain established neighborhoods and ensure new neighborhoods are safe and Z 2022 004 Broetje Orchards, LLC Page 4 of 6 enjoyable places to live; Land Use Goal LU-4: Increase community accessibility through proper land use planning; Land Use Goal LU-5: Maintain a broad range of residential land use designations to accommodate a variety of lifestyles and housing opportunities; Land Use Policy LU-5-A Policy: Allow a variety of residential densities throughout the UGA; Land Use Goal LU-6: Encourage distinctive quality community and regional commercial and industrial developments that support the city's overall development goals; Housing Goal H-1: Encourage housing for all economic segments of the city's population consistent with the local and regional market; Housing Goal H-3: Encourage housing design and construction that ensures long term sustainability and value; Housing Goal H-4: Support efforts to provide affordable housing to meet the needs of the community. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1 Both low- and high-density residential uses have been developed to the east of the site. Currently, this property is undeveloped; the immediate area is shown in the Comprehensive Plan for Low-Density Residential zoning. Low-Density Residential zoning permits the R-1 (General Commercial Medium) zoning district. The proposed rezone is consistent with the referenced plans and will not be detrimental to future nearby developments that will need to conform to the provision of the plans. 3. There is merit and value in the proposal for the community as a whole. 3.1 The proposed zoning is consistent with the Plan's Land Use Map. Land Use Goal LU-3 requires the City to maintain established neighborhoods and ensure new neighborhoods are safe and enjoyable places to live; Land Use Goal LU-4 directs the city to increase community accessibility through proper land use planning; Land Use Goal LU-5 requires the City to maintain a broad range of residential land use designations to accommodate a variety of lifestyles and housing opportunities; Land Use Policy LU-5-A suggests the city allow a variety of residential densities throughout the UGA; Housing Goal H-1 directs the City to encourage housing for all economic segments of the city's population consistent with the local and regional market; Housing Goal H-3 requires the city to encourage housing design and construction that ensures long term sustainability and value; Housing Goal H-4 tells the city to support efforts to provide affordable housing to meet the needs of the community. The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 4.1 The Pasco Municipal Code includes design standards for Low-Density Residential development. If or when applicants pursue the development of these properties, they will be required to conform to design standards established by the PMC. No special conditions are proposed. 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 considered necessary for this application. Z 2022 004 Broetje Orchards, LLC Page 5 of 6 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 Block 5, Washington Addition to Pasco (Parcel 113881024) located at south of East Helena Street between South Road 30 East and Rama Court be rezoned from RT(Residential "transition)to R-1 (Low-Density Residential). Dated this 15day of June, 2022. CITY ASCO HEARING EXAMINER ew L.Kottkamp Z 2022 004 Broetje Orchards, LLC Page 6 of 6