HomeMy WebLinkAboutHE Recommendation Z 2022-010 Ramgar Commons CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2022-010 )
Platinum Homes )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
September 14, 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 West'h of the Southeast 'Aof the Southwest'Aof the Southeast'A of
Section 23, Township 9 North,Range 29 East (Parcel 119154120).
1.2 General Location: Said property is situated at the northeast corner of Road 42 and
West Court Street, Pasco, Franklin County, WA.
1.3 Property Size: Approximately 2.89 acres(126,277.29 square feet).
1.4 Applicant: Platinum Homes, c/o Priscilla Trujillo, 606 S. Huntington Place,
Kennewick WA 99336.
1.5 Request: Rezone Parcel 119154120 from"O"(Office)to CA (Retail Business) and
R-1 (Low-Density Residential).
2. ACCESS: The parcel has access from West Court Steet.
3. UTILITIES:Municipal water and sewer are available in West Court Street and West Ruby
Street.
4. LAND USE AND ZONING: The lot is zoned"O" (Office) and is developed with a Single-
family Dwelling Unit(SFDU). Surrounding properties are zoned and developed as follows:
North: RS-12 SFDUs
East: R-1/O SFDUs/Offices
South: RS-12 Vacant/SFDUs
West: R-1/RS-12 SFDUs
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the north half of the site is
intended for Low-Density Residential development.According to the Comprehensive Plan,
the Low-Density Residential designation allows for Single family residential development at
a density of 2 to 5 dwelling units per acre. Zoning may include R-S-20, R-S-12, R-S-1, R-1,
R-1-A, and R-1-A2. The Comprehensive Plan indicates the south half of the site is intended
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for Commercial development. According to the Comprehensive Plan,the Commercial
designation allows Neighborhood, community and regional shopping and specialty centers,
business parks, service and office uses. Zoning may include O,BP,C-1, C-2, C-3, and CR.
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 22
August 2022 under WAC 197-11-340(2). This DNS was not appealed.
7. REQUEST: Priscilla Trujillo, on behalf of Platinum Homes, submitted a rezone application
(Z 2022-010) from "O" (Office)to C-1 (Retail Business) and R-1 (Low-Density Residential),
for the West '/Z of the Southeast '/4 of the Southwest '/4 of the Southeast '/4 of Section 23,
Township 9 North, Range 29 East(Parcel 119154120)located at 4109 West Court Street.
8. SITE: The site comprises approximately 2.89 acres (126,277.29 square feet)and is developed
with a single-family dwelling unit, which was built around 1943. The balance of the property
vacant. The Comprehensive Plan designates the north half of the lot "Low-Density
Residential." The "Low-Density Residential" designation allows for R-S-20, R-S-12, R-S-1,
R-1, R-1-A, and R-1-A2 zoning and may be developed with Single family residential
development at a density of 2 to 5 dwelling units per acre. The south half of the site is
intended for Commercial development. The Plan allows neighborhood, community and
regional shopping and specialty centers, business parks, service and office use in Commercial
designated areas.
9. HISTORY: The site was annexed into the City in 1989 (Ordinance 2740; Amended with
2746) and assigned O (Office)zoning in conjunction with the annexation (Ordinance 2742).
The site has not been rezoned since. The site has been subject to at least 12 code violation
complaints and 9 Code Board cases between 2004 and present. No street rights-of-way have
been dedicated.
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 O (Office) zoning in conjunction with the 1989
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 property is considered "infill" property as development has occurred
around it.
10.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
10.3.1 A rezone of this parcel from O to R-1 and C-1 is logical because it is located
in an area that is already developed with both low-density residential and
commercial uses. The site has been subject to at least 12 code violation
complaints and 9 Code Board cases between 2004 and present. Development
of the site with residential and commercial uses could improve the overall
look of the neighborhood.
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10.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
10.4.1 The site has been subject to at least 12 code violation complaints and 9 Code
Board cases between 2004 and present. Development of the site with
residential and commercial uses would improve the value and character of
the adjacent property. The proposed rezones would align with the intent of
the Comprehensive Plan.
10.5 The effect on the property owner or owners if the request is not granted:
10.5.1 The likely scenario is that the property would remain underdeveloped and
continue as a nuisance in the neighborhood.The property could be developed
with office uses.
10.6 The Comprehensive Plan land use designation for the property
10.6.1 The Comprehensive Plan designates the north half of the lot "Low-Density
Residential." The "Low-Density Residential" designation allows for R-S-20,
R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zoning and may be developed with
Single family residential development at a density of 2 to 5 dwelling units
per acre. The south half of the site is intended for Commercial development.
The Plan allows neighborhood, community and regional shopping and
specialty centers, business parks, service and office uses in Commercial
designated areas.
10.7 Such other information as the Hearing Examiner requires
10.7.1 No rights-of-way have been dedicated around the site. Rights-of-way would
need to be dedicated in conjunction with any future development. The
amount of land required for rights-of-way is substantial, consisting of a 40-
foot dedication along West Court Street, 30 feet along Road 42, and
approximately 60 feet of dedication along West Ruby Street. The resulting
parcel would be around 78,395.58 square feet. Both West Court Street and
Road 42 have been developed and used as public right-of-way for many
years. Ruby Street has never been developed to City street standard, and
remains a gravel road.
11. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on August 22, 2022.
12. An open record public hearing after due legal notice was held September 14,2022,with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
13. Appearing and testifying on behalf of the applicant was Priscilla Trujillo. Ms. Trujillo
testified that she was an agent of the Applicant and property owner and authorized to testify
on their behalf. She indicated that he was in agreement with the representations set forth in
the staff report.
14. No member of the public testified at the hearing.
15. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
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16. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
IL 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 designates the north half of the lot "Low-Density
Residential." The "Low-Density Residential" designation allows for R-S-20, R-S-12,
R-S-1, R-1, R-1-A, and R-1-A2 zoning and may be developed with Single family
residential development at a density of 2 to 5 dwelling units per acre. The proposal is
consistent with the Comprehensive Plan Land Use Map and Comprehensive Plan
Policy Land Use Goals. H-1 Encourages housing for all economic segments of the
city's population. The south half of the site is intended for Commercial development.
The Plan allows neighborhood, community and regional shopping and specialty
centers, business parks, service and office use in Commercial designated areas. The
proposal is consistent with the adopted City Comprehensive Land Use Map and
several policies and goals. Policy LU-3-D, encourages mixed-use development
including neighborhood scale shopping areas; ED-2-B, development of a wide range
of commercial uses strategically located to support local and regional needs.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 The Comprehensive Plan designates the north half of the lot "Low-Density
Residential,"and the south half of the site "Commercial."
2.2 The Low-Density Residential designation allows for R-S-20, R-S-12, R-S-1, R-1,
and/or R-1-A zoning district. The proposed rezone is consistent with the
Comprehensive Plan; As such, this proposal will not be materially detrimental to any
future nearby developments.
2.3 The "Commercial" classification permits the C-1 (Retail Business District) and is
consistent with referenced plans.The proposal will not be detrimental to existing and
future developments within the vicinity.
2.4 The City Council has deemed the Comprehensive Plan as the planning vehicle to
promote the best interests of the community. The rezone will facilitate the
development of new commercial and residential uses in a safe and sanitary
development providing employment opportunities, shopping, and housing for Pasco
residents.
3. There is merit and value in the proposal for the community as a whole.
3.1 The two proposed zoning designations are both consistent with the Comprehensive
Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council.
Based on past experience with rezoning underutilized land adjacent to existing
subdivisions, the proposed rezone will not negatively impact adjoining properties.
Rezoning the property will assist with the implementation of the Comprehensive
Plan.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
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4.1 The Pasco Municipal Code includes design standards for residential development.
Furthermore, with a rezone the area would need to be re-platted to meet current City
subdivision standards. The Preliminary Platting process requires review through the
Hearing Examiner. If or when applicants pursue the development of this property,
they will be required to conform to subdivision and 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 If or when applicants pursue the development of this property, they will be required
to conform to subdivision and design standards established by the PMC. No
Concomitant Agreement is 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 the West '/z of the Southeast '/4 of the Southwest '/4 of the
Southeast '/4 of Section 23,Township 9 North, Range 29 East (Parcel 119154120 , situated along the
west side of West Court Street, Pasco, Franklin County, WA Washington, be rezoned from "O"
(Office) to C-1 (Retail Business) for the approximately south half located along West Court Street
and R-1 (Low-Density Residential)for approximately the north half bordering West Ruby Street.
Dated this,�;_day of September,2022.
CITY F SCQ RING EXAMINER
ew L. Kottkamp
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