Loading...
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 SITE ' I \ ■ i►�� m 4 e. • e � e � 4 . p I =_-----___�___»___ ._ --- 11111 �� t 11111 �� 1■ � X11 ����'i�ili��li ..� '`'�, � � ■INIIII�1111 WORM -+1111 � Illlll/L.�.C�.�. ■[111l1itlt■ ` MMEE •t/It1�=�1; 11 Ilii 11 11111■�►,flllll1111 kl HIIIIIfII lllil „ ..# 1l1R at1[. Etllltlltllil!r= ��� �; alflEil C� "C [1n■=t.[i 1E11 tllllip/■� /► / � 1111 IIw 111 II11 flflff•: . C 4i/■u/■ r �1 11 . nq� �e..■ .I f////i/��CB■i i■r.:rr tt11t ■ i.. !1 [s 1; 1 it� � . L 1rlrtr :Ettl L' /f11....r.i rr r/��■ �i.?�.. ,r r�l r C� , L! O ■�t1///� ���:i 1 11 111WINt 11/ 1!1 ...•r.��tort i•C::rt■ : ■t■�r. .r ..■t► r=■■■■. /11/1111111 t �i�r�/ 'iir. i.r .'i w 'r'•••■i t. \.�_�.tt[■■■1�• ■.. .■r=■ SII�. f /I'\ r r titr■. .r. ■�■.- rtt t111tt�► r�ttt[t r ��Ii1t11 ■.■ .�/1111111{1111/ �►G141 //Ih\�r � r7i.w•L L��r.• ■. • ■ rr►�It,\�■ r■■\�/��_ �=ii ri■ ■11►/�\\III/ �It ti�1� I/♦ ♦�;� ►■ ■■� •Cr si "" �� Im m'�:����,Imunn u!!_=lumnuu Iln���::[tt ■�\i�Iliu�i�i��liii/ ��/j//1 �1j1� ����Ullltl I/ o• ���tii1• :r=:1 ■ _�rauuku :iun,ni l� 1�nnun■1���= ... :ted� unt ��'��4�/I�/1�il��:3 0111111= �..It//�,i 1 C=