HomeMy WebLinkAboutHE Recommendation Z 2022-007 Eickmeyer-Mullen RT to R-4 CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2022-007 )
Nicole Stickney/AHBL )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
August 10, 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 Legal: The Parcel Segregation of Parcel 4116-030-027. That portion of the Northeast
Quarter of Section 9, Township 9 North,Range 29 East, Willamette Meridian,
Franklin County, Washington described as follows:
Commencing at the Northeast corner of said Northeast Quarter;thence South
89°40'37" West along the north line thereof a distance of 844.22 feet,more or less,to
the Northwest corner of the Final Plat of Three Rivers West Phase 4, as recorded in
Volume D of Plats at page 523, under Auditor's File Number 1859024, Record of
Franklin County, Washington, being the True Point of Beginning;
thence leaving the north line of said Northeast Quarter, South 01'34'24" East along
the west line of Three Rivers West Phase 4 and along the west line of the Final Plat
of Three Rivers Drive Phase 2 as recorded in Volume D of Plats at page 477,under
Auditor's File Number 1832596,Records of Franklin County,Washington,a distance
of 1243.93 feet, more or less,to the apparent intersection of the centerline of Three
Rivers Drive with the west line of said Phase 2;thence leaving said west line, South
88°55'26" West a distance of 258.60 feet to the beginning of a curve concave to the
Southeast Having a radius of 500.00 feet;thence Southwesterly along the arc of said
curve,through a central angle of 2392'l 0" a distance of 202.48 feet;thence South
65°43'16" West a distance of 361.84 feet to the beginning of a curve concave to the
northwest Having a radius of 500.00 feet;thence Westerly along the arc of said curve
through a central angle of 1°07'33" a distance of 9.82 feet to the southeast corner of
'Segregation Area 3'as described in Quit Claim Deed recorded under Auditor's File
Number 1929250,Records of Franklin County Washington;thence North 00°19'23"
West along the east line of said'Segregation Area 3'and along the east line of
'Segregation Area 2' as described in Quit Claim Deed recorded under Auditor's File
Number 1929252,Records of Franklin County,Washington,a distance of 1440.88
feet to the northeast corner of said 'Segregation Area 2' and the north line of said
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Northeast Quarter;thence North 89°40'37" East along said north line a distance of
767.56 feet to the Point of Beginning and the end of this description.
1.2 General Location: Said property is situated near the Southeast corner of North Road
68 and Burns Road,Pasco,Franklin County, WA 99301.
1.3 Property Size: Approximately 26 acres(1,132,560 square feet).
1.4 Applicant:Nicole Stickney/AHBL, 5804 Rd 90, Suite H,Pasco WA 99301.
1.5 Request Rezone the northern portion of parcel 116030027 from RT(Residential
Transition)to R-4(High-Density Residential).
2. ACCESS: The parcel will have access from Burns Road to the north and Three Rivers Drive
to the south.Both Burns Road and Three Rivers Drive connect to Road 68 to the west.
3. UTILITIES: Municipal water and sewer are available in Road 68 to the west and Three
Rivers Drive.
4. LAND USE AND ZONING: The lot is zoned RT(Residential Transition)and is vacant.
Surrounding properties are zoned and developed as follows:
North: RS-40 (County)SFDUs
East: R-1 SFDUs
South: RT Vacant
West: C-1 Vacant
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for
Mixed Residential-Commercial development. According to the Comprehensive Plan, the
Mixed Residential-Commercial designation allows for a combination of mixed-use residential
and commercial in the same development, including single-family dwellings, patio homes,
townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre, as
well as neighborhood shopping and specialty centers, business parks, service and office uses.
Permissible zoning includes R-1 through R-4; C-1, O; and Waterfront.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project.Based on the SEPA checklist(SEPA 2020-072),the adopted City Comprehensive
Plan, City development regulations, and other information, a threshold determination
resulting in a Determination of Non-Significance(DNS)was issued for this project on July
25, 2022 under WAC 197-11-340(2).
7. REQUEST: Nicole Stickney/AHBL, on behalf of buyer New Tradition Homes, has applied
to change the zoning designation of a 26-acre parcel near the Southeast corner of North Road
68 and Burns Road, from RT (Residential Transition) to R-4 (High-Density Residential) to
facilitate future residential development of the property. Per PMC 25.25.050 (RT Residential
Transition District), the minimum area of all newly created parcels within this district is 5
acres. Taking into consideration the required right-of-way to be dedicated on Burns Road and
Three Rivers Drive, the parcel has a potential for 5 building lots under the RT zoning
designation; by contrast, the R-4 zoning district only requires a 4,000 square-foot minimum
lot size for single-family dwelling units, and 1,500 square feet of lot area for multi-unit
dwellings and zero-lot-line homes, allowing for the development of between approximately
280 lot-line homes or around 750 apartment units.
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8. SITE: The site comprises approximately 26 acres (1,132,560 square feet) and has been
rotation-crop farmed for several years. The Comprehensive Plan designates the lot "Mixed
Residential/Commercial." The "Mixed Residential/Commercial" designation allows for R-1
through R-4, C-1, O, and Waterfront zoning and may be developed with Mixed-use
residential and commercial uses. Residential density may range from 5 to 29 dwelling units
per acre in the "Mixed Residential/Commercial" designated area. The site borders future
extensions of both Burns Road to the north and Three Rivers Drive to the south.Both of these
road rights-of way will need to be dedicated and extended to road 68 to the west and to their
existing counterpart roads to the east as part of the subdivision process.
9. HISTORY: The site was annexed into the City in 1981 and assigned RT (Residential
Transition) zoning in conjunction with the annexation (Ordinance #2388). The site has not
been rezoned since. The two parcels to the west were recently rezoned from RT to C-1
(Ordinance 4581)in anticipation of a future community health center.
10. 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:
10.1 The date the existing zone became effective:
10.1.1 The site was assigned RT(Residential Transition)zoning in conjunction with
the 1996 annexation. 'Zoning for the site has not changed since then.
10.2 The changed conditions, which are alleged to warrant other or additional zoning:
10.2.1 The City of Pasco has been growing in the last twenty years. New
subdivisions have been built to the east and west,as well as new multi-family
housing to the west of the site.
10.2.2 The purpose of the Residential Transition zone, per PMC 25.25.010 is as
follows: "The R-T district is intended to be applied or assigned to areas that
are essentially undeveloped, however, ultimately intended for suburban or
urban residential use."
10.2.3 City Council has recently approved an update to the Comprehensive Plan;
The revised Land Use Element of the approved Plan designates the property
"Mixed Residential/Commercial." The "Mixed Residential/Commercial"
designation allows for R-1 through R-4, C-1, O, and Waterfront zoning and
may be developed with Mixed-use residential and commercial uses.
Applicant is requesting R-4 zoning. The proposed rezone would allow the
site to be developed as intended with density consistent with the surrounding
subdivisions, which could not be done under the existing zoning which only
permits very low density.
10.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
10.3.1 The existing RT (Residential Transition) zoning acts as a "holding pattern,"
pending appropriate utility and transportation facility development for areas
within the Urban Growth Area(UGA).
10.3.2 The rezone will allow infill development to occur on the parcel providing
more housing in a growing community. The current agricultural land use has
long been expected to transition to other uses, as it is located in a very
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intensively developed area of the city, surrounded by residential uses and
with ready access to infrastructure to support residential development.
10.3.3 The rezone application is consistent with the Pasco Comprehensive Plan,
which has been determined to be in the best interest of advancing public
health, safety and general welfare of the community.
10.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
10.4.1 The area consists primarily of agricultural uses surrounded by suburban
residential to the east, commercial to the south and southwest, and high-
density residential to the west. The rezone application would be consistent
with the character of the adjacent property and in alignment with the
Comprehensive Plan.
10.4.2 The proposed zoning is consistent with the comprehensive plan whereas the
current zoning designation is not. According to the table in Pasco Municipal
Code (PMC) 25.215.015, the Mixed Residential and Commercial
classification is intended to "Allow a combination of mixed-use residential
and commercial in the same development. Single-family dwellings, patio
homes, townhouses, apartments, and condominiums at a density of 5 to 29
dwelling units per acre. Neighborhood shopping and specialty centers,
business parks, service and office uses."
10.4.3 The residential zoning that implements that classification is zoning Districts
R-1 through R-4. Further, the adjacent property's value and character are not
anticipated to be negatively affected as converting the current agricultural
use to a residential use is consistent and compatible with the surrounding
existing development which includes commercial, multi-family, and single
family.
10.5 The effect on the property owner or owners if the request is not granted:
10.5.1 The property owners have a contracted purchaser who is requesting the
rezone. Without the rezone the property owners would be affected directly by
the property likely not selling. The land would likely remain agricultural
land, or very low density single-family residential not consistent with the
surrounding properties, despite the fact that to the east, west, and south the
land has continually been developed with commercial and residential uses
over the last two decades.
10.6 The Comprehensive Plan land use designation for the property:
10.6.1 The Land Use Element of the Plan now designates the lot "Mixed
Residential/Commercial." The "Mixed Residential/Commercial" designation
allows for R-1 through R-4, C-1 and O, and Waterfront zoning and may be
developed with Mixed-use residential and commercial uses.
11. The rezone application is consistent with and meets the intent of the Comprehensive Plan,
and City Council.
12. Right of Way dedication and ROW Improvements will be required at the time of
development. As well, a traffic impact analysis will need to be completed for this
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development to understand the impacts the development may have on the existing City
infrastructure.
13. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on July 12, 2022.
14. Applicant wishes to change the zoning designation of a 26-acre parcel near the Southeast
corner of North Road 68 and Burns Road, from RT to R-4.
15. The minimum lot area for the RT district is 5 acres.
16. The parcel may be subdivided into 5 residential building lots under the RT zoning.
17. The minimum lot size for SFDUs in the R-4 zoning district is 4,000 square feet.
18. The minimum lot size for multi-unit dwellings in the R-4 zoning district is 1,500.
19. R-4 zoning would allow for approximately 280 lot-line homes or 750 apartment units.
20. The site comprises approximately 26 acres (1,132,560 square feet).
21. The site has been farmed for several years.
22. The Comprehensive Plan designates the lot"Mixed Residential/Commercial."
23. The"Mixed Residential/Commercial"designation allows for R-1 through R-4, C-1, O,and
Waterfront zoning.
24. The"Mixed Residential/Commercial"designation may be developed with Mixed-use
residential and commercial uses.
25. The"Mixed Residential/Commercial"designation allows for 5 to 29 dwelling units per acre.
26. The site borders future extensions of both Burns Road and Three Rivers Drive.
27. Both Burns Road and Three Rivers Drive rights-of way will need to be dedicated.
28. Both Burns Road and Three Rivers Drive need to be extended to the east and west.
29. The site was annexed into the City in 1981.
30. The site was assigned RT(Residential Transition)zoning in conjunction with the annexation.
31. The site has not been rezoned since annexation.
32. The two parcels to the west were recently rezoned from RT to C-1.
33. The two parcels to the west were rezoned in anticipation of a community health center.
34. The following comments were received from the public prior to staff's preparation of the
staff report:
34.1 Email/Letter dated August 9, 2022 from Crystal Contreras who had concerns
regarding adjacent zoning, structure height, and vegetation.
34.2 Email/Letter dated August 9, 2022 from Brian Teachout who had concerns regarding
the predictability of the new land use designation,residential density,tall buildings
and no privacy.
34.3 Email/Letter dated August 9, 2022 from Shane O'Neill who had concerns regarding
land use designations, amendment of the Comprehensive Plan,residential density,
tall buildings and privacy.
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35. The following comments were received from the public after staff's preparation of the staff
report:
35.1 August 10, 2022 email from Michael Hood with attached rezone petition;
35.2 August 10, 2022 email from Shane O'Neill;
35.3 August 9,2022 email from Julio Garcia;
35.4 August 9, 2022 email from Chelsea Burshaw;
35.5 August 9, 2022 email from Kelsey Solano;
35.6 August 9,2022 email from Adreana Garcia;
35.7 August 10, 2022 email from Jason Loos;
35.8 August 10, 2022 email from Ryan Moore;
35.9 August 10, 2022 email from Curtis John;
35.10 August 10, 2022 email from Karalee Ballantyne;
35.11 August 10,2022 email from Nate Davenport;
35.12 August 9,2022 email from Raymond Bennett;
35.13 August 9, 2022 email from Greg Hood;
35.14 August 9, 2022 email from Michael Hood.
36. An open record public hearing after due legal notice was held August 10,2022,with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
37. Appearing and testifying on behalf of the Applicant was Nicole Stickney. Ms. Stickney
testified that she was an agent of the Applicant and property owner and authorized to speak
and testify on their behalf. Ms. Stickney testified that it was builder's intention to build single
family residences on the subject property and not apartments. However, upon questioning by
the Hearing Examiner, she indicated that she had no authority to speak on behalf of the
property owner on this subject. Ms. Stickney testified consistent with the application
materials and indicated that she was in agreement with the representations set forth in the
staff report. Prior to the record being closed on the night of the hearing, the Hearing
Examiner indicated that the Hearing Examiner would entertain a request to reopen the
hearing from the Applicant if the Applicant received any information from the property
owner regarding any agreement not to construct apartments on the subject property. On
August 15, 2022, the Hearing Examiner received a request to reopen the hearing from the
Applicant's agent. The Hearing Examiner granted this request to reopen the hearing.
Admitted into the record was an August 12, 2022 letter to the Hearing Examiner, an August
12, 2022 transmittal form from the Applicant to the City of Pasco, and an August 12, 2022
amended rezone application. The rezone application remained the same except the Applicant
and property owner were now proposing a concomitant agreement to exclude courtyard
apartments as an allowed use as a condition of this rezone. The Hearing Examiner closed the
record after receiving these documents.
38. Appearing and testifying from the public were the following individuals:
38.1 Brian Teachout. Mr. Teachout testified consistent with his written materials.
38.2 Shane O'Neill. Mr. O'Neill testified consistent with his written materials.
38.3 Patricia Green. Ms. Green testified of her concerns that there is no specific proposal
being presented with this rezone application. She wants to see actual development
plans.
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38.4 Jodi Claton. Ms. Clayton testified as to her concerns regarding increased traffic if
there is a high density development and her concerns as to traffic at the intersection
of Three Rivers and Rio Grande.
38.5 Tain Ballantyne. Mr. Ballantyne testified as to his concerns regarding his house being
at a lower elevation so that the Applicant's houses would look down on his.
38.6 Michael Hood. Mr.Hood testified consistent with his written materials.
38.7 Brian Moore. Mr. Moore testified that at the corner of Three Rivers and Rio Grande
intersection the stop signs are routinely ignored. Increased traffic will result in
increased traffic risks.
39. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
40. 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 25.210.060. The criteria
are as follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
1.1 The Comprehensive Plan indicates the site is intended for Mixed Residential-
Commercial development. According to the Comprehensive Plan, the Residential-
Commercial designation allows for a combination of mixed-use residential and
commercial in the same development, including single-family dwellings, patio
homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling
units per acre, as well as neighborhood shopping and specialty centers, business
parks, service and office uses. Permissible zoning includes R-1 through R-4; C-1, O;
and Waterfront.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental_
2.1 The Comprehensive Plan designates the property "Mixed Residential-Commercial."
As such,the site may be zoned R-1 through R-4; C-1, and/or O.
3. There is merit and value in the proposal for the community as a whole.
3.1 There is merit in increasing housing opportunities available in those areas currently
served by municipal utilities. The proposed rezone application is consistent with the
Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the
Pasco City Council(Ordinance 4537).
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
4.1 No special conditions are proposed.
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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.
6. With this concomitant agreement prohibiting the site from being developed with courtyard
apartments,this rezone application is consistent with the Pasco Comprehensive Plan.
7. 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 the Parcel Segregation of Parcel#116-030-027 situated near the
Southeast corner of North Road 68 and Burns Road, Pasco, Franklin County, WA Washington, be
rezoned from RT to R-4,provided that the Applicant enter into a concomitant agreement prohibiting
the site from being developed with courtyard apartments.
Dated this 23rd day of August,2022.
CIT/wL.
SC? G EHI/AER
Aottkamp
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