HomeMy WebLinkAboutHE Recommendation Z 2022-011 and Z 2022-012 Magnolia Heights O & C-1 to R-3 CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2022-011 and Z 2022-012 )
P&R Construction LLC )
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 Leal: Parcels 118211033, 118211042, 118211051, 118211060, 118211079,
118211088, 118211097,and 118211024:
PEPPERMINT TERRACE 3RD LOTS 22-29 BLK 2 EXC PTN TO ST OF WA
FOR SRI 82 (413784)
Parcel 118170168:
ALL TH PTN NE4 LY SE OF 18-9-29 RD 108 & S OF FCID CANAL,EXC TR'S 1
-L& 1-M&EXC PEPPERMINT TERRACE 3RD&EXC PTN TO ST OF WA
FOR SRI 2 (413784)EXC PTN DAF:
COMM AT NE COR SD SEC 18; TH S02D25'W ALG E LN SD SEC, 1303.6';TH
S46D45'W ALG NWLY LN PLAT OF PEPPERMINT TERR 3RD ADDN, 1187.11'
TO TPOB;TH S46D45'W,2234.78'TO N R/W MARG WEST COURT ST; TH
N43D15'W ALG SD N R/W MARG, 125'; TH N46D44'E,215'; TH N43D15'W ,
409.79'; TH S02DI3'W, 301.54'TO N R/W MARG W COURT ST; TH N43DI5'W
ALG SD N R/W MARG,42.08'TO CTRLN ROAD 108; TH NO2DI3'E ALG
CTRLN RD 108, 1970.47'TO INTERSECT SLY R/W MARG CRESCENT RD; TH
N46D42'E ALG SD SLY R/W MARG, 51.34'; TH S43D14', 1090'; TH N46D45'E
778.99'; TH S43D14'E, 657.51'TO TPOB.
Parcel 118170104:
TRACT 1-L PTN NE4 18-9-29 BEG AT NE COR OF SEC 18&RUNNING TH
N89d42'W 12207; TH S46d45'W, 85.3'TO TPOB;TH S46d45'W 767.5'; TH
S54dITE 223.4'; TH N46d45'E 731.7'TO A PT ON S R/W LN OF F CID CANAL;
TH NWLY ALG SD S R/W LN 222.6'TO TPOB).
1.2 General Location: Said property is located south of Chapel Hill Boulevard and west
of Road 100/Broadmoor Boulevard,Pasco,Franklin County, WA.
1.3 Property Size: Approximately 67.89 acres(2,957,455.24 square feet).
1.4 Applicant: P&R Construction LLC c/o Paul Lavrentiev, 105609 Wiser Parkway,
Kennewick, WA 99338.
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1.5 Request: Rezone"Magnolia Heights"Rezone from"O"(Office)and C-1 (Retail
Business)to R-3 (Medium-Density Residential).
2. ACCESS: The parcels have access from Broadmoor Boulevard/Road 100, Crescent Drive,
and Chapel Hill Boulevard.
3. UTILITIES: Municipal water and sewer are available in Broadmoor Boulevard/Road 100,
Crescent Drive, and Chapel Hill Boulevard.
4. LAND USE AND ZONING: The site is zoned"O"(Office)and C-1 (Retail Business)and
is vacant. Surrounding properties are zoned and developed as follows:
North: R-3; R-4; C-1 Vacant;Apartments; Offices/Commercial
East: C-1; R-1; RS-12 Vacant; SFDUs
South: RS-12; RS-20 SFDUs
West: RS-12; R-3 Church, SFDUs;Vacant
5. COMPREHENSIVE PLAN: The Comprehensive Plan has recently been updated and
approved by City Council. The site has been designated"Medium-Density Residential"by
the Comprehensive Plan Land Use Map. The"Medium-Density Residential"designation
allows for R-2 through R-4 and RP zoning,and single-family dwellings,patio homes,
townhouses, apartments, and condominiums are all appropriate for this area. Residential
density may range from 6 to 20 dwelling units per acre.
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)or Mitigate Determination of Non-Significance
(MDNS)is anticipated for this project under WAC 197-11-158.
7. REQUEST: P&R Construction LLC c/o Paul Lavrentiev has submitted two rezone
applications (Z 2022-011 &Z 2022-012)from "O" (Office) and C-1 (Retail Business)to R-3
(Medium-Density Residential), for portions of land in Section 18, Township 9 North, Range
29 East, Pasco, Franklin County, WA (Parcels 118170104, 118170168, 118211033,
118211042, 118211051, 118211060, 118211079, 118211088, 118211097, and 118211024)
located south of Chapel Hill Boulevard and west of Road 100/Broadmoor Boulevard.
8. SITE: The site comprises approximately 67.89 acres (2,957,455.24 square feet)and is vacant.
The Comprehensive Plan designates the site "Medium-Density Residential;" the "Medium-
Density Residential' designation allows for R-2 through R-4 and RP zoning; single-family
dwellings, patio homes, townhouses, apartments, and condominiums are all appropriate for
"Medium-Density Residential" designated areas. Residential density may range from 6 to 20
dwelling units per acre.
9. HISTORY: The site was annexed into the City in 2001 (Ordinance 3462) and assigned RS-
12 (Low-Density Residential) and RS-20 (Low-Density Residential) zoning in conjunction
with the annexation. The site was rezoned from RS-12 and RS-20 to C-1 (Retail Business)
and O (Office) in 2002 (Ordinance 3540) with a concomitant agreement. Conditions for the
Concomitant agreement are as follows:
9.1 A. The development shall comply with the following requirements:
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9.1.1 A landscaped buffer area of at least 20 feet shall be provided along the
boundary of all commercial and office zones that abut a residential zone
except along the interface with the LDS Church property. The buffer area
shall be constructed in a park-like manner and shall contain a dense
coniferous tree barrier.
9.1.2 No parking lots shall be permitted between future office and commercial
buildings and residential properties.
9.1.3 All mechanical equipment must be screened from adjoining residential
property.
9.1.4 Maximum building heights in the office zone shall be 35 feet.
9.1.5 Signs within the office zone shall not be taller than the building they identify.
9.1.6 Signs within the C-1 zone shall not be taller than 35 feet.
9.1.7 Lighting on office buildings shall be shielded so as not to encroach upon
residential properties. Night lighting on commercial buildings shall also be
shielded from Short Plat 79-18 and residential properties west of Crescent
Drive.
9.1.8 No parking lots shall be located in the front yards areas of future business
located adjacent Crescent Drive.
9.1.9 The front yard setback for all properties adjacent Crescent Drive shall be at
least 20 feet.
9.1.10 No parking lots shall be permitted between future buildings and the westerly
line of Short Plat 79-18 and the westerly in the Baptist Church property.
9.1.11 The following uses shall not be permitted; taverns, or any other structure
whose principal use is the sale, use or consumption of alcoholic beverages,
dance halls, skating rinks, bowling alleys, amusement game centers, billiard
and pool halls, membership clubs except health clubs, fraternal
organizations, auto detail shops, automotive/truck repair, mini-storage and
upholstery shops.
9.1.12 The following described tract within the C-1 zone shall be reserved for
Assisted Living purposes and will require a special permit at a future date;
Beginning at the intersection of the FCID canal right-of-way and the east
right-of-way line of Crescent Drive; thence southerly along the east right-of-
way line of Crescent Drive for a distance of 1,145 feet to the True Point of
Beginning; thence S 42°23'05" E for a distance of 335 feet; thence S
46°27'10" W to the intersection with the northerly line of Tax Parcel # 118-
170-159; thence northwest along the north line of said Tax Parcel to the
intersection with the east right-of-way line of Crescent Drive; thence
northerly along Crescent Drive to the True Point of Beginning.
10. A portion of the site has been farmed with a pivot irrigation system.
H. 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 site was assigned RS-12 (Low-Density Residential) and RS-20 (Low-
Density Residential) zoning in conjunction with the 2001 annexation. The
site was rezoned from RS-12 and RS-20 to C-1 (Retail Business) and O
(Office)with a concomitant agreement, in 2002(Ordinance 3540).
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for additional higher-density residential uses in this area supports the Land
Use Element of the Comprehensive Plan.
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. The Applicant wishes to rezone a site located south of Chapel Hill Boulevard and west of
Road 100/Broadmoor Boulevard from "O"and C-1 to R-3.
13. 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.
14. Appearing and testifying on behalf of the applicant was Christy Batayola. Ms. Batayola
testified that she was an agent of the Applicant and property owner and authorized to testify
on their behalf. She indicated that she was in agreement with the representations set forth in
the staff report. She testified that a traffic impact study would be conducted before any
development.
15. The following members of the public testified at the hearing:
15.1 Jeff Grimes. Mr. Grimes testified as to his concerns regarding traffic and
neighborhood safety.
15.2 Christy Franklin. Ms. Franklin testified as to her concerns regarding school
overcrowding.
15.3 Brian Tungesvik, Mr. Tungesvik testified consistent with his letter and the petition
that he filed. He is of the opinion that there is too much residential growth in Pasco
and that the infrastructure and schools are not keeping up with this growth.
15.4 David Solem. Mr. Solem's concerns regarded traffic and safety.
15.5 Justin Stone. Mr. Stone was opposed to the rezone indicating that office and
commercial space for development is needed.
15.6 Karen Alan. Ms. Alan is opposed to the project. She signed the petition that was
circulated. She stated that in her observation there are many accidents on Road 100
and there is simply too much traffic in the area already.
15.7 David Hannum. Mr. Hannum is opposed to the project.He was in agreement with the
testimony of others and added radio frequency contamination to his list of concerns.
15.8 Wendy Thompson. Ms. Thompson was opposed to the rezone citing traffic and
density concerns.
16. The staff report, application materials, agency comments and the entire file of record were
admitted into the record. Also included were the following written comments submitted after
the issuance of the staff report:
16.1 September 4,2022 letter from Brian Tungesvik.
16.2 September 12,2022 email from Bryce Geiger.
16.3 September 12,2022 email from David Wilson.
16.4 August 28,2022 from Jeff Grimes.
16.5 September 14,2022 email from David Harley.
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16.6 September 1,2022 letter from Kent Toyoda.
16.7 September 12,2022 letter from Marilou Shea.
16.8 September 1,2022 letter from Kent Toyoda.
16.9 September 13,2022 telephone message from Lilly Williamson.
16.10 September 14,2022 telephone message from Dave Solem.
16.11 "Petition to Stop Rezoning of Land"submitted by Brian Tungesvik.
17. Public testimony at the open record public hearing, and written comments made part of the
record that were presented before the hearing, in opposition to the rezone, were primarily
focused not on the particular requirements for rezone, but instead were opposed to the site
plan evidencing the development that the Applicant may submit to the City of Pasco.
Although this testimony is arguably relevant to the specific rezone criteria regarding the
effect of the rezone on the value and character of adjacent property, the opponents were not
specifically challenging the rezone, but instead were challenging the scope of the site plan the
Applicant submitted along with the rezone application.
18. The Hearing Examiner allowed all this testimony and evidence to be admitted into the record
in the event the Pasco City Council finds this testimony relevant, or even dispositive of this
rezone request. The Hearing Examiner repeatedly reminded members of the public that were
testifying that I was specifically interested in the specific criteria that the Applicant must
demonstrate in order for a rezone to be permitted. However, as City Council will hear from
the hearing transcript, the public testimony in opposition to this project was not necessarily in
opposition to the rezone, but to the site plan that was submitted with the application materials.
19. 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 City Council has recently approved an update to the Comprehensive Plan; The Land
Use Element of the Plan now designates the lot "Medium-Density Residential." The
"Medium-Density Residential" designation allows for R-3 zoning and may be
developed with townhouses and apartments.Residential density may range from 6 to
20 dwelling units per acre in the"Medium-Density Residential" designated area. The
proposal also aligns with the following Comprehensive Plan Goals and Policies:
1.1.1 Land Use Policy LU-4-A: Encourage infill and higher density uses within
proximity to major travel corridors and public transportation service areas.
1.1.2 Housing Goal H-1: Encourage housing for all economic segments of the
city's population consistent with the local and regional market.
1.1.3 Housing Policy H-1-A: Allow for a full range of housing including single
family homes, townhouses, condominiums, apartments, manufactured
housing, accessory dwelling units, zero-lot-line, planned unit developments,
etc.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
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2.1 The Comprehensive Plan has recently been updated for the area and the Land Use
Element of the Plan now designates the lot"Medium-Density Residential."
2.2 The "Medium-Density Residential" designation allows for R-3 zoning and may be
developed with single-family dwellings, patio homes, townhouses, apartments,
and/or condominiums.
2.3 The application for rezone is consistent with the Comprehensive Plan Land Use
Element and meets the intent of the Goals and Policies for the property. The proposal
will not be materially detrimental to the immediate vicinities.
3. There is merit and value in the proposal for the community as a whole.
3.1 The proposed zoning designation is 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.
4.1 The rezone application and anticipated project are subject to the regulations and
requirements of the Pasco Municipal Code and the City of Pasco Design and
Construction Standards. The Design and Construction Standards require a Traffic
Study for proposals that generate 25 or more peak hour trips.
4.2 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.
M. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL of Z 2022 011 and Z 2022 012, that portions of land in Section 18,
Township 9 North, Range 29 East, Pasco, Franklin County, WA located south of Chapel Hill
Boulevard and west of Road 100/Broadmoor Boulevard(Parcels 118170104, 118170168, 118211033,
118211042, 118211051, 118211060, 118211079, 118211088, 118211097, and 118211024) be
rezoned from "O"(Office)and C-1 (Retail Business)to R-3 (Medium-Density Residential).
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Dated this 4 Vay of September, 2022.
CI"Kottkampp
EXAMINER
An
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