HomeMy WebLinkAboutHE Recommendation ZD 2022-002 Eickmeyer-Roundy Annexation CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
ZD 2022-002 ) CONCLUSIONS OF LAW,AND
Lee Eickmeyer,et al. ) RECOMMENDATION
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
January 11, 2023, the Hearing Examiner having taken evidence hereby submits the following
Recommended Findings of Fact, Recommended Conclusions of Law, and Recommendation as
follows:
I. RECOMMENDED FINDINGS OF FACT
1. Applicants: Lee Eickmeyer, et al., 510 Easy Street, Pasco WA 99301.
2. Zoning Determination Request:Development of a zoning recommendation for the
Eickmeyer, et al.Annexation of approximately 1,835.71 acres of land located in and
around Roads 68 and 100 between the northern City of Pasco City Limits Line and the
City's Urban Growth Boundary.
3. Property/Application Description:
3.1 That Real property in the County of Franklin, State of Washington,described as
follows:Consisting of Tax Parcels 124310129, 124310147, 124310227,
124310290, 124310281, 124310263, 124310300, 115180044, 115180043,
115010041, 115170039, 115180019, 124310067, 124310085, 124310272,
124320118, 124310254, 115180030, 115170048, 124310111, 115170067,
115180042, 124330189, 115170078, 115010032, 115170076, 115170079,
115170077, described as follows:
Those portions of Sections 4, 5 and 6 of Township 9 North Range 29 East and
Sections 31 and 32 of Township 10 North Range 29 East, W.M., described as
follows:
Beginning at the intersection of the south right-of-way line of Burns Road and
the southerly extension of the east line of Archer Estates Phase 2;thence north
along the extended line and the east line of Archer Estates Phase 2 and
continuing north along the east line of Archer Estates Phase 1 to the northeast
corner of Archer Estates Phase 1; thence west along the north line of Archer
Estates Phase l to the intersection with the east right-of-way line of Dent Road;
thence north along the east right-of-way line of Dent Road and Extending
northerly to the intersection with the north line of Section 6,Township 9 north,
Range 29 east; thence west along the north line of Section 6 to the northwest
corner thereof also being the southwest corner of Section 31,Township 10
North, Range 29 East WM;thence north along the west line of said Section 31
Eickmeyer/Roundy Annexation(ZD 2022-002)
Page 1 of 8
115180043 BIG SKY DEVELOPMENT IRRIGATION 3.51
POND LLC
115010041 COLUMBIA WATERS FARM LLC 180.42
115170039 KRISTINE E WEITZ 49.07
115180019 LORI ANN SIMPSON (ETAL) 114.37
124310067 THREE BAIRS LLC 54.45
124310085 THREE BAIRS LLC 66.01
124310272 THREE BAIRS LLC 114.67
124320118 KING & ELAINE MARS 246.55
124310254 MARK & MARY JO SULLIVAN 60.60
115180030 ROCKY HILLS MANAGEMENT LP 155.95
115170048 LEE A EICKMEYER 210.88
124310111 THREE BAIRS LLC 60.38
115170067 RANDY R MULLEN (ETAL) 81.76
115180042 PASCO SCHOOL DISTRICT NO. 1 71.96
124330189 DT WAREHOUSE LLC 22.80
115170078 COLUMBIA WATERS FARM LLC 31.42
115010032 COLUMBIA WATERS FARM LLC 223.73
115170076 COLUMBIA WATERS FARM LLC 25.03
115170079 COLUMBIA WATERS FARM LLC 24.97
115170077 COLUMBIA WATERS FARM LLC 24.75
TOTAL 1,835.71
4. Access: The site is accessed from Dent Road, Broadmoor Boulevard, Road 68, and
Columbia River Road.
5. Utilities: The site is served with on-site wells and septic systems; the southeast portion
of the site is part of the East UGA Expansion Sewer Local Improvement district(LID).
6. Land Use and Zoning: Since its annexation in May of 2022, the site has had no zoning.
It is currently being farmed with irrigation pivots.
7. Surrounding properties are zoned and developed as follows:
NORTH: AP-20 (County) Agriculture
EAST: AP-20; RR-1 (County), R-1 Agriculture; SFDUs
SOUTH: RR-5 (County)R-1; RS-1 SFDUs, Vacant
WEST: RC-1; RS-40; RS-20(County) SFDUs; Agriculture
8. Comprehensive Plan: The Comprehensive Plan designates the site for Low Density
Residential, Medium-Density Residential, High-Density Residential, and Commercial
uses(See Comprehensive Plan Map).
9. Environmental Determination: The City of Pasco is the lead agency for this project. An
environmental determination will be made after the public hearing for this project prior
to platting and development. A Determination of Non-Significance or a Mitigated
Determination of Non-Significance is likely (WAC 197-11-355).
10. On May 23, 2022, the City Council approved Ordinance 4591, annexing approximately
1,835.71 acres of land generally located in and around Roads 68 and 100 between the
Eickmeyer/Roundy Annexation (ZD 2022-002)
Page 3 of 8
pre-annexation northern City limits line and the City's Urban Growth Boundary.
11. Following acceptance of the Notice of intent and prior to Council action on an
annexation petition, the Hearing Examiner is to hold a zoning determination hearing.
The purpose of said hearing is for the Hearing Examiner to recommend appropriate
zoning districts for the proposed annexation area in the event it may become part of the
City.
12. In determining the most appropriate zoning for the annexation area, the Hearing
Examiner needs to consider the existing land uses,nearby development, zoning, policies
of the Comprehensive Plan and the Land Use Designations of the Land Use Map. The
Hearing Examiner also needs to be guided by the criteria in PMC 25.210.060 (as
discussed below) in developing a zoning recommendation.
13. The purpose of the annexation is to expand primarily residential and commercial
opportunities within the City of Pasco's Urban Growth Area(UGA).
14. To maintain consistency with current zoning, land uses, utility planning and the
Comprehensive Plan, appropriate zoning should be applied to the proposed annexation
area.
15. The initial review criteria for considering a rezone application are explained in PMC
25.210.030. The criteria are listed below as follows:
15.1 The date the existing zone became effective: The site is currently un-zoned.No
zoning was assigned in conjunction with the May 2022 annexation.
15.2 The changed conditions which are alleged to warrant other or additional zoning:
15.2.1 The property in question was annexed to the City of Pasco on May 23,
2022.
15.2.2 The property needs to be zoned prior to any development occurring.
15.3 Facts to justify the change on the basis of advancing the public health, safety
and general welfare:
15.3.1 The property was annexed to the City on May 23, 2022 and needs to be
zoned. The justification for the zoning determination is the fact that if a
zoning designation is not determined the property would remain without
zoning. For the advancement of the general welfare of the community
the property needs to be zoned.
15.4 The effect it will have on the value and character of the adjacent property and
the Comprehensive Plan:
15.4.1 Staff has recommended RT(Residential Transition), R-1 (Low-Density
Residential),R-3 (Medium- Density Residential),R-4 (High-Density
Residential),and C-1 (Retail Business)zoning for the area. Rezoning
the property to RT, R-1, R-3, R-4, and C-1 will align closely with the
Comprehensive Plan Land Use designations for the area.
15.5 The effect on the property owner or owners if the request is not granted:
15.5.1 Without the annexation area being assigned a specific zoning district,
the area will continue to be un-zoned. The area needs to be zoned to
provide certainty and benefit to the property owners,developers,and
adjoining property owners.
15.6 The Comprehensive Plan land use designation for the property:
15.6.1 The Comprehensive Plan Land Use Designations for the property
include Low Density Residential, Medium-Density Residential,High-
Density Residential,and Commercial uses.
Eickmeyer/Roundy Annexation (ZD 2022-002)
Page 4 of 8
16. The site contains approximately 1,835.71 acres of land located in and around Roads 68
and 100 between the former northern City of Pasco City Limits Line all within the City's
Urban Growth Boundary. Contiguous properties to the south and east were annexed in
1982 (Ordinance 2388), 2015 (Ordinance 4223),2016(Ordinance 4283), 2017
(Ordinance 4339), 2018 (Ordinance 4387), and 2022 (Ordinance 4574).
17. The parcels are all located within the Urban Growth Area(UGA) and the newly annexed
City Limits;parcels in the proposed annexation area are designated by the
Comprehensive Plan map for Low-Density Residential, Medium-Density Residential,
High-Density Residential,and Commercial development.
18. Although the proposed annexation area is within the City's northwest service area as
identified in the Comprehensive Sewer Plan,the site is served almost exclusively with
on-site wells and septic systems; however, the southeast portion of the site is part of the
East UGA Expansion Sewer Local Improvement district(LID).As such,the majority of
the site would be zoned RT(Residential Transition),which operates as a"holding
zone,"pending extension of utilities to the area.Areas not zoned RT would be located
within the East UGA Expansion Sewer Local Improvement district(LID).
19. The following table depicts the allocation of land to each zoning district, in acres:
Proposed Zoning Acres
C-1 75.72
R-1 379.01
R-3 77.»
R-4 81.17
RT 1,224.17
Totals 1,838
20. The Description and Allocation Table of the Comprehensive Plan specifies the
following Purposes, Descriptions, and allowed zoning for each Land Use Designation.
Classification Purpose and Description Zoning x
Low Density Single family residential development at a R-S-20; R-S-12; R-S-1;
Residential density of to 5 dwelling units per acre R- I; R-1-A; R-1-A2
Single-family dwellings, patio homes, R-2 through R-4; RP
Medium Density townhouses,apartments, and condominiums
Residential at a density of 6 to 20
dwelling units per acre
Multiple unit apartments or R-4
High-Density condominiums at a density 21 units per acre
Residential or more
Neighborhood, community and regional O;BP; C-l;C-2; C-3; CR
Commercial shopping and specialty centers,business
parks,service and office uses
Eickmeyer/Roundy Annexation (ZD 2022-002)
Page 5 of 8
21. Public notice of this hearing was posted in the Tri-City Herald and sent to property
owners within 300 feet of the property on December 28, 2022.
22. City Council approved the Eickmeyer, et al Annexation(Ordinance 459 1)on May 23,
2022.
23. The annexation area comprises approximately 1,835.71 acres.
24. The annexation area is generally located in and around Roads 68 and 100 between the
pre-annexation northern city limits line and the City's Urban Growth Boundary.
25. The purpose of the annexation is to expand primarily residential and commercial
opportunities within the City of Pasco's Urban Growth Area(UGA.
26. No zoning was assigned in conjunction with the May 2022 annexation.
27. The property in question was annexed to the City of Pasco on May 23, 2022.
28. The property needs to be zoned prior to any development occurring.
29. If a zoning designation is not determined the property would remain without zoning.
30. For the advancement of the general welfare of the community the property needs to be
zoned.
31. Staff has recommended the following zoning designations for the area:
31.1 RT(Residential Transition)
31.2 R-1 (Low-Density Residential)
31.3 R-3 (Medium-Density Residential)
31.4 R-4(High-Density Residential)
31.5 C-1 (Retail Business)
32. Areas not zoned RT would be located within the East UGA Expansion Sewer Local
Improvement District(LID).
33. Rezoning the property to RT, R-1, R-3, R-4,and C-1 will align closely with the
Comprehensive Plan Land Use designations for the area.
34. Zoning provides certainty and benefit to the property owners, developers, and
adjoining property owners.
35. The Comprehensive Plan Land Use Designations for the property are as follows:
35.1 Low-Density Residential
35.2 Medium-Density Residential
35.3 High-Density Residential
35.4 Commercial
36. The site contains approximately 1,835.71 acres of land located in and around Roads 68
and 100 between the former northern City of Pasco City Limits Line all within the City's
Urban Growth Boundary.
Eickmeyer/Roundy Annexation (ZD 2022-002)
Page 6 of 8
37. Contiguous properties to the south and east were annexed as follows:
37.1 1982(Ordinance 2388)
37.2 2015 (Ordinance 4223)
37.3 2016 (Ordinance 4283)
37.4 2017(Ordinance 4339)
37.5 2018 (Ordinance 4387)
37.6 2022 (Ordinance 4574)
38. The proposed annexation area is within the City's northwest service area as identified in
the Comprehensive Sewer Plan.
39. The site is served almost exclusively with on-site wells and septic systems.
40. The southeast portion of the site is part of the East UGA Expansion Sewer Local
Improvement district(LID).
41. The majority of the site would be zoned RT(Residential Transition),which operates as a
"holding zone," pending extension of utilities to the area.
42. A public comment was provided by Robert Carosino.
43. An open record public hearing after due legal notice was held January 11, 2023 via
videoconference.
44. Neither the Applicant, nor an agent for the Applicant, appeared at the hearing. The
Applicant was given notice of the date, place and time of the hearing.
45. No members of the public testified at the hearing.
46. The staff report, application materials, agency comments and the entire file of record
were admitted into the record.
47. 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 or denial of a rezone, the Hearing Examiner must develop
findings of fact from which to draw its 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.
1.2 Staff has recommended mostly RT (Residential Transition), along with R-1 (Low-
Density Residential), R-3 (Medium-Density Residential), R-4 (High-Density
Residential),and C-1 (Retail Business)zoning for the area. Rezoning the property to
RT, R-1, R-3, R-4, and C-1 will align closely with the Comprehensive Plan Land
Use designations for the area. Areas not zoned RT would be located within the East
UGA Expansion Sewer Local Improvement district(LID).
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
Eickmeyer/Roundy Annexation (ZD 2022-002)
Page 7 of 8
2.1 Zoning the proposed annexation area RT (Residential Transition), R-1 (Low-
Density Residential), R-3 (Medium-Density Residential), R-4 (High-Density
Residential), and C-1 (Retail Business) zoning will cause the site to be
consistent with the Comprehensive Plan and compatible with development
taking place to the south.
3. There is merit and value in the proposal for the community as a whole.
3.1 There is merit and value in following the guidance of the Comprehensive Plan
when assigning zoning to properties within the community. The Plan has
indicated this property should be zoned Low-Density Residential, Medium-
Density Residential, High-Density Residential, and Commercial development
(See Comprehensive Plan Map). Assigning RT, R-1, R-3, R-4, and C-1 zoning
will lead to additional housing, convenient shopping, and employment
opportunities for Pasco residents.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from
the proposal.
4.1 The proposal is consistent with the Comprehensive Plan and no mitigation
measures are needed. Applicant shall be required to install improvements and
infrastructure per City of Pasco requirements.
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 needed.
6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated
as such by this reference.
III. RECOMMENDATION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing
Examiner RECOMMENDS to the Pasco City Council to zone the Eickmeyer, et al. Annexation
Area, comprising parcels 124310129, 124310147, 124310227, 124310290, 124310281,
124310263, 124310300, 115180044, 115180043, 115010041, 115170039, 115180019,
124310067, 124310085, 124310272, 124320118, 124310254, 115180030, 115170048,
124310111, 115170067, 115180042, 124330189, 115170078, 115010032, 115170076,
115170079, and 1 1 5170077, to the following zoning designations: RT (Residential Transition),
R-1 (Low-Density Residential), R-3 (Medium-Density Residential), R-4 (High-Density
Residential),and C-1 (Retail Business) zoning, as depicted on the proposed zoning map (Exhibit
"Al')attached to this recommendation.
Dated this day of January,2023.
CITY O PASCO HEARING EXAMINER
An rew L.Kottkamp
Eickmeyer/Roundy Annexation(ZD 2022-002)
Page 8 of 8
City Itern: Eickmeyer-Roundy Annexation
Applicants: Lee Eickmeyer, et al.
Proposed _ ANX 2022-002/ 2022-002
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