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HomeMy WebLinkAboutHE Recommendation ZD 2022-003 Alford-Cole Annexation CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED ZD 2022-003 ) CONCLUSIONS OF LAW,AND Alford/Cole ) 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 I. Applicants:Madden D. &Beverly M. Alford AB Living Trust c/o Gary D.Alford, 14593 Oak Street, Saratoga CA 95070 and Sharon K. Cole, 6805 Kau Trail Road, Pasco WA 99301 2. Zoning Determination Request: Development of a zoning recommendation for the Alford/Cole Annexation of approximately 20.77 acres located east of Road 68 between Deseret Drive and Kau Trail Road. 3. Property/Application Description: 3.1 That Franklin County Assessor's Tax Parcels Nos. 115130055 and 115130046, as described below: That portion of Sections 4 of Township 9 North Range 29 East,W. M., described as follows: Beginning at the east Quarter Corner of Section 4,Township 9 North Range 29 East, W.M.;thence south along the East line of said Section 4 to the intersection with the North Right- of-Way line of Kau Trail Road;thence west along the North right of way line of Kau Trail Road to the intersection with the East Right-of-Way line of Road 70: thence north along said Right-of-Way line to the intersection with the North line of the Northeast Quarter of the Southeast Quarter of said Section 4;thence east to the Point of Beginning. 3.2 Comprising approximately 20.77 acres,more or less. 3.3 General Location: Located east of Road 68 between Deseret Drive and Kau Trail Road. 4. Access: The site is accessed from Road 68 via Deseret Drive and Kau Trail Road. 5. Utilities: The site is served with on-site wells and septic systems;the site is part of the East UGA Expansion Sewer Local Improvement District(LID). Alford/Cole Annexation (ZD 2022-003) Page 1 of 5 6. Land Use and Zoning: The site is zoned RS-20 (Suburban—County) and contains two single-family residential units. Surrounding properties are zoned and developed as follows. 7. Surrounding properties are zoned and developed as follows: NORTH: Not Zoned SFDUNacant EAST: R-1 Agriculture;Vacant SOUTH: RS-40(County) SFDUs;Vacant WEST: RRA (County) SFDUs; Agriculture 8. Comprehensive Plan: The Comprehensive Plan designates the site for Low Density Residential uses(See Comprehensive Plan Map). 9. On September 6, 2022, the City Council approved Resolution 4242 accepting a notice of intent to annex approximately 20.77 acres generally located east of Road 68 between Deseret Drive and Kau Trail Road. City Council subsequently approved Ordinance 4627 on 5 December 2022,annexing the area into the City of Pasco. 10. Following acceptance of the Notice of intent 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 annexation area. 11. 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. 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 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 current zoning was initiated by the County(No known date). 15.2 The changed conditions which are alleged to warrant other or additional zoning: 15.2.1 The property is located within the Pasco Urban Growth Boundary. 15.2.2 The property in question is being annexed to the City of Pasco. 15.2.3 Upon annexation the property will need to be zoned. 15.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 15.3.1 The property has been annexed to the City and will need to be zoned. The justification for the rezone is the fact that if a zoning designation is not determined the property could become annexed without zoning;this Alford/Cole Annexation (ZD 2022-003) Page 2 of 5 has become the case. As well, the current County RS20 zoning does not comply with the Pasco Comprehensive Plan. 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 R-1 (Low-Density Residential)zoning for the annexation area. Rezoning the property to R-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 having been assigned a specific zoning district,the area is now essentially un-zoned. The current County Designation would not allow for development in conformance with the Pasco Comprehensive Plan or City standards. 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 is Low-Density Residential. 16. The site contains approximately 20.77 acres and is located east of Road 68 between Deseret Drive and Kau Trail Road. 17. Contiguous properties to the east and north were annexed in 2022 (Ordinance 4574 and 4591, respectively). 18. The parcels are all located within the Urban Growth Area(UGA);parcels in the proposed annexation area are designated by the Comprehensive Plan map for Low- Density Residential uses. 19. The Description and Allocation Table of the Comprehensive Plan specifies that the Low-Density Residential designation may be developed with Single-family residential development at a density of 2 to 5 dwelling units per acre, and may be zoned R-S-20,R- S-12, R-S-1, R-1, R-1-A, or R-1-A2. 20. The proposed annexation area is within the City's service area as identified in the Comprehensive Water and Sewer Plans. 21. The site is part of the East UGA Expansion Sewer Local Improvement District(LID. 22. Public notice of this hearing was posted in the Tri-City Herald and sent to property owners within 300 feet of the property on November 30, 2022 and again on December 228, 2022. 23. City Council approved Resolution 4242 On September 6, 2022, accepting a notice of intent to annex. 24. City Council approved Ordinance 4627 on 5 December 2022,annexing the area into the City of Pasco. Alford/Cole Annexation (ZD 2022-003) Page 3 of 5 25. An open record public hearing after due legal notice was held January 11, 2023 via videoconference. 26. The Applicant was present at the hearing,but chose not to testify. 27. No members of the public testified at the hearing. 28. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 29. 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 Rezoning the property to R-1 will align closely with the Comprehensive Plan Land Use designations for the area. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1 Zoning the annexation area R-1 (Low-Density Residential) will cause the site to be consistent with the Comprehensive Plan which was approved by City Council. 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 Comprehensive Plan has indicated this property should be zoned Low-Density Residential. Assigning R-1 zoning will lead to additional housing 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. Alford/Cole Annexation(ZD 2022-003) Page 4 of 5 III. RECOMMENDATION Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner RECOMMENDS to the Pasco City Council to rezone the Alford/Cole Annexation area to R-I (Low-Density Residential), as depicted on the Proposed Zoning map (Exhibit "A") attached to this recommendation. Dated this 16 day of January,2023. CITY OF PASCO HEARING EXAMINER ind,ew;L. Kottkamp Alford/Cole Annexation(ZD 2022-003) Page 5 of 5 Proposed Item: Alford-Cole Annexation N Applicant: Gary D. 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