HomeMy WebLinkAboutHE Recommendation Z 2022-018 ICCU RT to C-1 CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2022-018 )
Nicole Stickney/AHBL )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
December 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:
1. RECOMMENDED FINDINGS OF FACT
1. PROPERTY/APPLICATION DESCRIPTION:
1.1 Legal: 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 2506.28 FEET TO THE EASTERLY MARGIN OF
ROAD 68; THENCE SOUTH 15"01'31"EAST ALONG SAID EASTERLY
MARGIN A DISTANCE Of 1534.42 FEET TO THE SOUTHWEST CORNER OF
THAT CERTAIN PARCEL OF LAND DESCRIBED AS SEGREGATION AREA 3
IN QUIT CLAIM DEED RECORDED UNDER AUDITOR'S FILE NUMBER
1930596, RECORDS Of FRANKLIN COUNTY WASHINGTON,ALSO BEING
THE TRUE POINT Of BEGINNING;
THENCE LEAVING SAID EASTERLY MARGIN,NORTH 88"55'26" EAST
ALONG THE SOUTH LINE OF SAID PARCEL,A DISTANCE OF 317.67 FEET
TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A
RADIUS OF 500.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 08"08'17"A DISTANCE OF 71.02
FEET;THENCE LEAVING SAID SOUTH LINE, SOUTH 11.39'QO" EAST A
DISTANCE OF 104.34 FEET TO THE BEGINNING Of A CURVE CONCAVE TO
THE WEST HAVINGA RADIUS Of 578.75 FEET;THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
08"45'35"A DISTANCE Of 88.48 FEET;THENCE SOUTH 74'58'29" WEST A
DISTANCE Of 360.14 FEET TO THE SAID EASTERLY MARGIN OF ROAD 68;
THENCE NORTH I TOl'31" WEST ALONG SAID EASTERLY MARGIN A
DISTANCE OF 280.51 FEET TO THE POINT OF BEGINNING AND THE END
OF THIS DESCRIPTION.
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1.2 General Location: Said property is situated on the southeast corner of Road 68 and
Three Rivers Drive,Pasco,Franklin County, WA.
1.3 Property Size: Approximately 2 acres(87,120 square feet).
1.4 Applicant: Nicole Stickney/AHBL, 5804 Rd 90 Suite H, Pasco WA 99301.
1.5 Request: Rezone portion of Parcel 116030027 from R-T(Residential Transition)to
C-I (Retail Business District).
2. ACCESS: The site has access from Road 68 and future Three Rivers Road.
3. UTILITIES: Municipal water is available from Road 68. There is no sewer service available
to the site.The closest sewer service is approximately 96 feet to the west at the corner of
Three Rivers Drive and Road 68.
4. LAND USE AND ZONING: The property is currently zoned R-T(Residential Transition)
and is used for farming/undeveloped. Surrounding properties are zoned and developed as
follows:
North C-1 Farming and Undeveloped
East R-T Farming
South R-T Farming; Commercial
West C-1 Undeveloped; Commercial
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for
Mixed Residential/Commercial uses. 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.Neighborhood shopping and specialty centers,
business parks, service and office uses are also encouraged in this Land Use designation.
Allowable zoning for Mixed Residential/Commercial includes R-1 through R-4, C-1, O,and
Waterfront. Land Use Policy LU-4-F similarly suggests the City"support mixed use,smart
growth, infill,and compact developments with transit and pedestrian amenities that promote a
healthy community."
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the SEPA checklist,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 5 December 2022,
under WAC 197-11-158.
7. REQUEST: Nicole Stickney/AHBL, Applicant, has submitted an application to rezone a
section of the north half of section 9, township 9, range 29 east W.M, Records of Franklin
County, (Parcel 116030027), from R-T (Residential Transition) to C-1 (Retail Business
District). The rezone is intended to facilitate the development of a financial institution.
8. SITE: The site is located at on Parcel 116030027, in a primarily undeveloped area on the
southeast corner of Road 68 and Three Rivers Drive. Road 68 is an arterial street. There are
plans to develop a hospital on the property to the north.
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9. HISTORY: The site was annexed into the City of Pasco in 1982 (Ordinance 2388) as part of
the Northwest Annexation Area and assigned R-T zoning per Resolution 1396. The site is
partially undeveloped and partially used for farming.
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 annexed to the City of Pasco in 1982 (Ordinance 2388) and
assigned R-T zoning (Ordinance 2388) in conjunction with the annexation.
The zoning has not changed since the annexation.
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. Water service has been developed in Road 68.No sewer service is
available to the site. The closest sewer service is approximately 96 feet to the
west at the corner of Three Rivers Drive and Road 68. The Comprehensive
Plan designates this area as mixed residential/commercial which allows a
combination of mixed-use residential and commercial in the same
development. This designation encourages neighborhood shopping and
specialty centers, business parks, service and office uses. The location of a
financial institution would increase walkability of services to nearby
residential.
10.2.2 Properties to the north, northeast, and south have recently been rezoned as
follows:
10.2.2.1 Eickmeyer Mullen RT - R-4 Rezone (Z 2022-007) approved
09/19/2022.
10.2.2.2 CBHA Rezone RT to C-1 Rezone (Z 2021-018) approved
03/08/2022.
10.2.2.3 Eickmeyer RT to C-1 (Z 2019-002) to the south, approved
05/06/2019.
10.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
10.3.1 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.
10.3.2 The Comprehensive Plan indicates the site is intended for Mixed
Residential/Commercial uses. 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. Neighborhood shopping and specialty centers,
business parks, service and office uses are also encouraged in this Land Use
designation. Allowable zoning for Mixed Residential/Commercial includes
R-1 through R-4,C-1,O, and Waterfront.
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10.3.3 Water service has been developed in Road 68. However, no sewer service is
available to the site. The closest sewer service is approximately 96 feet to the
west on the corner of Three Rivers Drive and Road 68.
10.3.4 The criteria for allocation under the future land use section of Volume II of
the Comprehensive Plan(Vol. II, page 14) states that land use policies must
be coordinated with transportation investments and programs. The balance of
these two elements must be strategic to ensure that future residents and
businesses benefit from well-connected neighborhoods that allow residents to
travel via various modes - walking, bicycling, or public transit, rather than
solely relying on private automobiles. The addition of a financial institution
in the vicinity of housing developments would increase walkability of
services.
10.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
10.4.1 Rezoning from R-T to C-1 would allow for the development of a financial
institution. Per PMC 16.15.010, City water and/or sewer service connection
to the lot(s), parcel(s) or tract(s) of land sought to be developed shall be a
prerequisite to the issuance of a development permit.No development permit
shall be issued without compliance with this section except as stated in this
chapter.
10.5 The effect on the property owner or owners if the request is not granted:
10.5.1 With the current R-T zoning the property owner could not build a financial
institution or any other commercial property development.
10.6 The Comprehensive Plan land use designation for the property
10.6.1 The Comprehensive Plan indicates the site is intended for Mixed
Residential/Commercial uses. 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. Neighborhood shopping and specialty centers,
business parks, service and office uses are also encouraged in this Land Use
designation. Allowable zoning for Mixed Residential/Commercial includes
R-1 through R-4,C-1, O, and Waterfront.
10.7 Such other information as the Hearing Examiner requires
10.7.1 Frontage improvements would be required per PMC 21.15.30.
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 November 18,2022.
12. An open record public hearing after due legal notice was held December 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 Nicole Stickney. Ms. Stickney
testified that she was an agent of the Applicant and authorized to testify on their behalf. She
indicated that she does not represent the property owner. The Applicant is a contract
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purchaser of the property. She was in agreement with the representations set forth in the staff
report. She testified consistent with the application materials.
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.
16. 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 uses. 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. Neighborhood
shopping and specialty centers, business parks, service and office uses are also
encouraged in this Land Use designation. Allowable zoning for Mixed
Residential/Commercial includes R-1 through R-4, C-1, O, and Waterfront.
1.2 The proposal is consistent with the Comprehensive Plan Land Use Map and
Comprehensive Plan Policy Land Use Goals; Land Use Policy LU-4-F similarly
suggests the City "Support mixed use, smart growth, infill, and compact
developments with transit and pedestrian amenities that promote a healthy
community."
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 The Comprehensive Plan indicates the site is intended for Mixed
Residential/Commercial uses.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. Neighborhood
shopping and specialty centers, business parks, service and office uses are also
encouraged in this Land Use designation. Allowable zoning for Mixed
Residential/Commercial includes R-1 through R-4, C-1, O, and Waterfront; As such,
this proposal will not be materially detrimental to any future nearby developments.
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 undeveloped land in the
vicinity of residential, the proposed rezone will not negatively impact adjoining
properties. Rezoning the property will assist with the implementation of the
Comprehensive Plan.
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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 commercial development.If
or when applicants pursue the development of this property, they will be required to
conform to design standards established by the PMC. No special conditions are
proposed. A development permit will not be issued for this project as currently
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 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 a section of the north half of section 9, township 9, range 29
east W.M, (Parcel #116030027), located on the southeast corner of Road 68 and Three Rivers Drive,
Pasco, Franklin County, WA, be rezoned from R-T (Residential Transition) to C-1 (Retail Business
District).
Dated this 16th day of December, 2022.
CITY AG EXAMINER
rew L.Kottkamp
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