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HomeMy WebLinkAboutHE Recommendation Z 2022-005 Jubilee Foundation RT to R-4 Rezone CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION Z 2022-005 ) Jubilee Foundation ) 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: Blocks 11 & 12, Washington Addition to Pasco, Section 28,Township 9 North, Range 30 East, W.M.Records of Franklin County, Washington(Parcels 113882041, 113882050, 113882078, 113882069, and 113881033). 1.2 General Location: North of East"A" Street approximately 650 feet east of Heritage Boulevard in Pasco, WA. 1.3 Property Size: 4.34 acres (188,960.16 square feet) 1.4 Applicant: Jubilee Foundation c/o Adan Suarez, 3713 East A Street, Pasco WA 99301. 1.5 Request: RT(Residential Transition)to R-4(High-Density Residential) 2. ACCESS: The site has access from East"A" Street. 3. UTILITIES: Water is available in East"A" Street. Sewer is available in East "A"Street and in an unimproved street Right-of-Way dedicated as part of the 1913 Washington Addition to Pasco. 4. LAND USE AND ZONING: The lot is currently zoned RT(Residential Transition) and contains one SFDU, one duplex(both on Parcel 113882078),and a garage(on Parcel 113882069). Surrounding properties are zoned and developed as follows: North: RT Vacant East: R-3 Multi-Family Apartments South: I-1 Vacant West: C-3 Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Mixed Residential/Commercial uses.Those portions of the community designated for Mixed Residential/Commercial development by the Comprehensive Plan allow a combination of mixed-use residential and commercial in the same development, single-family dwellings, Z 2022 005 Jubilee Foundation Page 1 of 6 patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre and may be developed with neighborhood shopping and specialty centers, business parks, service and office uses. Comprehensive Plan Mixed Residential/Commercial areas may be zoned R-1 through R-4, C-1, "O," and Waterfront. The proposal supports the following Comprehensive plan goals: 5.1 Land Use Goal LU-2: Plan for a variety of compatible land uses within the UGA. 5.2 Land Use Goal LU-3: Maintain established neighborhoods and ensure new neighborhoods are safe and enjoyable places to live. 5.3 Land Use Goal LU-4: Increase community accessibility through proper land use planning. 5.4 Land Use Goal LU-5: Maintain a broad range of residential land use designations to accommodate a variety of lifestyles and housing opportunities. 5.5 Land Use Policy LU-5-A Policy: Allow a variety of residential densities throughout the UGA. 5.6 Land Use Goal LU-6:Encourage distinctive quality community and regional commercial and industrial developments that support the city's overall development goals. 5.7 Housing Goal H-1: Encourage housing for all economic segments of the city's population consistent with the local and regional market. 5.8 Housing Goal H-3: Encourage housing design and construction that ensures long term sustainability and value, 5.9 Housing Goal H-4: Support efforts to provide affordable housing to meet the needs of the community. 6. ENVII20NMENTAL 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 north of East "A" Street approximately 650 feet east of Heritage Boulevard from RT (Residential Transition) to R-4 (High-Density Residential) consistent with the Comprehensive Plan designation for the property. 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 Butte Street, located along the north property line of Blocks 11 & 12, South Spokane Street, which aligns with the west line of Block 11, and South Sprague Street, which runs through the middle of blocks 11 & 12. At least one north-south street will need to connect East Helena to East"A Street in conjunction with any future development. Z 2022 005 Jubilee Foundation Page 2 of 6 10. This site is located within the Pasco Landfill Groundwater Protection Area (see City of Pasco Municipal Code Section 16.15.060). The existing residences may be served by a private domestic water well. This domestic water well, along with any other domestic water wells on the property must be decommissioned in accordance with WAC 173-160 and 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: 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 high- and low-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; the number and scale of new industries coming to the area suggest 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 Under the current Comprehensive Plan land use designation of Mixed Residential/Commercial the properties could be zoned R-1 through R-4, C-1, "O," and Waterfront. 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 Mixed Residential/Commercial uses in the area, providing commercial and residential opportunities for Pasco residents. The current RT zoning designation does not lend itself well to either sales or development of the properties. 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 Mixed Residential/Commercial development 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 only one single-family home per 5 acres, and the property comprises approximately 4.34 acres, the existing residences are considered legal non-conforming; as such, any new additional residential uses would be prohibited with the current zoning. 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 Z 2022 005 Jubilee Foundation Page 3 of 6 in the Tri-City Herald on May 24, 2022. 13. Applicant wishes to rezone the property north of East"A" Street approximately 650 feet east of Heritage Boulevard from RT to R-1. 14. The site is Blocks 11 & 12 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 4.34 acres. 17. The site contains one SFDU, one duplex, and a garage, which are slated for demolition as part of future development. 18. The current Comprehensive Plan land use designation is Mixed Residential/Commercial. 19. The Mixed Residential/Commercial land use designation allows for R-1 through R-4, C-1, "O," and Waterfront zoning. 20. Both high- and low-density residential uses have been developed to the east of the site. 21. Rights-of-way were dedicated in 1913 for both East Butte Street, South Spokane and South Sprague Avenue. 22. The South Spokane Avenue right-of-way runs along the west side Block 11. 23. The South Sprague Avenue right-of-way runs between Blocks 11 & 12. 24. At least one north-south street 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 comprises less than 5 acres. 30. This site is located within the Pasco Landfill Groundwater Protection Area(see City of Pasco Municipal Code Section 16.15.060). 31. The existing residences may be served by a private domestic water well. 32. This domestic water well, along with any other domestic water wells on the property must be decommissioned in accordance with WAC 173-160 and all future water use on the property (domestic and landscaping)must be sourced from the City of Pasco. 33. An open record public hearing after due legal notice was held June 8, 2022 via videoconference. 34. 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. 35. No member of the public testified at the hearing. Z 2022 005 Jubilee Foundation Page 4 of 6 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 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 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 high- and low-density residential uses have been developed to the east of the site. Currently,this property contains one SFDU, one duplex, and a garage, which are slated for demolition as part of future development; the area is designated Mixed Residential/Commercial zoning on the Comprehensive Plan Map. Mixed Residential/Commercial zoning permits the R-4 (High-Density Residential) zoning district. The proposed rezone is consistent with the referenced 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 Z 2022 005 Jubilee Foundation Page 5 of 6 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 Mixed Residential/Commercial 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. 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 Blocks 11 & 12, Washington Addition to Pasco, Section 28, Township 9 North, Range 30 East, W.M., Records of Franklin County, Washington (Parcels 113882041, 113882050, 113882078, 113882069, and 113881033), located north of East "A" Street approximately 650 feet east of Heritage Boulevard be rezoned from RT (Residential Transition)to R- 4(High-Density Residential). Dated this 3 day of June, 2022. CIT 4, PASCO HE RING EXAMINER rew L.Kottkamp Z 2022 005 Jubilee Foundation Page 6 of 6