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HomeMy WebLinkAbout4637 Ordinance - Zoning Determination for Eickmeyer et al Annexation (ZD 2022-002) ORDINANCE NO. 4637 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF PASCO, WASHINGTON, ASSIGNING ZONING TO THE EICKMEYER/ ROUNDY ANNEXATION AREA, AS RECOMMENDED BY THE HEARING EXAMINER. WHEREAS, on January l l, 2023, pursuant to the Pasco Municipal Code (PMC) Section 25.220.020, the Hearing Examiner of the City of Pasco conducted a public hearing to develop a recommendation for the assignment of zoning to certain property, as set forth in Section 1 below (Property), in the event the property was incorporated within the City; and WHEREAS,the Hearing Examiner also recommended approval of the proposed zoning designation after concluding, pursuant to PMC Section 25.210.060, that the proposal: (a) is consistent with the Comprehensive Plan; (b) is not materially detrimental to the immediate vicinity; (c) has merit and value for the community as a whole; (d) does not require conditions or mitigation measures;and(e)does not require a concomitant agreement;and Council hereby adopts the Hearing Examiner's findings, conclusions and recommendation as depicted in Exhibit A attached hereto; and WHEREAS, on May 23, 2022, Ordinance No. 4591, effectively annexed the Property to the City of Pasco. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to- Wlt: Consisting of Tax Parcels 115010032, 115010041, 115170039, 115170048, 115170049, 115170050, 115170067, 115170076, ll5170077, 115170078, 115170079, 115180019, 115180030, 115180042, 115180043, 115180044, 124310067, 124310085, 124310111, 124310129, 124310147, 124310227, 124310254, 124310263, 124310272, 124310281, 124310290, 124310300, 124320118, and 124330189, 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 L1NE OF BURNS ROAD AND THE SOUTHERLY EXTENSION OF THE EAST L1NE OF ARCHER ESTATES PHASE 2; THENCE NORTH ALONG THE EXTENDED L1NE AND THE EAST LINE OF ARCHER ESTATES PHASE 2 AND CONTINUING NORTH ALONG THE EAST LINE OF ARCHER Ordinance-Eickmeyer/Roundy ZD 2022-002- 1 ESTATES PHASE 1 TO THE NORTHEAST CORNER OF ARCHER ESTATES PHASE 1; THENCE WEST ALONG THE NORTH L1NE OF ARCHER ESTATES PHASE 1 TO THE 1NTERSECTION 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 1NTERSECTION 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 TO THE 1NTERSECTION WITH THE NORTH L1NE OF FARM UNIT 66, IRRIGATION BLOCK 1; THENCE EASTERLY ALONG THE NORTH L1NE OF FARM UNIT 66 TO THE WESTERLY L1NE OF FARM UNIT 65; THENCE NORTHERLY ALONG THE WESTERLY LINE OF FARM UNIT 65 TO THE NORTH LINE OF SAID FARM UNIT 65; THENCE EASTERLY ALONG THE NORTH L1NE OF SAID FARM UNIT 65 TO THE INTERSECTION OF THE EAST RIGHT AWAY LINE OF EASY STREET THENCE SOUTH ALONG THE EAST RIGHT OF WAY LINE OF EASY STREET TO THE 1NTERSECTION WITH THE NORTH LINE OF FARM UNIT 97,IRRIGATION BLOCK 1; THENCE EASTERLY AND SOUTHERLY FOLLOWING THE NORTH L1NE OF FARM UNIT 97 TO THE INTERSECTION WITH THE EAST RIGHT OF WAY L1NE �F COLUMBIA RIVER ROAD; THENCE SOUTHERLY ALONG THE EASTERLY RIGHT OF WAY L1NE OF COLUMBIA RIVER ROAD TO THE 1NTERSECTION THE SOUTH RIGHT OF WAY L1NE OF CLARK ROAD; THENCE EAST ALONG THE SOUTH RIGHT OF WAY L1NE OF CLARK ROAD TO THE 1NTERSECTION WITH THE EAST LINE OF SECTION 4, TOWNSHIP 9 NORTH, RANGE 29 EAST, WM; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 4 TO THE EAST QUARTER CORNER OF SAID SECTION 4; THENCE WEST ALONG THE EAST -WEST SECTION LINE OF SECTION 4 TO THE 1NTERSECTION WITH THE EAST RIGHT OF WAY LINE OF ROAD 68; THENCE SOUTHERLY ALONG THE EAST RIGHT OF WAY LINE OF ROAD 68 TO THE INTERSECTION WITH SOUTH L1NE OF SECTION 4; THENCE WEST ALONG THE SAID SOUTH LINE OF SECTION 4 TO THE 1NTERSECTION WITH THE WEST RIGHT OF WAY L1NE OF ROAD 68; THENCE NORTHERLY ALONG THE WEST RIGHT OF WAY LINE OF ROAD 68 TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 9 NORTH, RANGE 29 EAST, WM; THENCE WEST ALONG SAID NORTH LINE TO THE INTERSECTION WITH THE WEST L1NE OF SAID SECTION 4 ALSO BEING THE EAST L1NE OF SECTION 5, TOWNSHIP 9 NORTH, RANGE 29 EAST, WM; THENCE NORTH ALONG THE EAST L1NE OF SAID SECTION 5 TO 1NTERSECT THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF SAID SECTION 5; THENCE EAST FOLLOWING SAID NORTH LINE TO THE 1NTERSECTION WITH THE WEST LINE OF SAID SECTION 5; THENCE NORTH ALONG THE WEST LINE OF SECTION 5 TO THE Ordinance—Eickmeyer/Roundy ZD 2022-002-2 INTERSECTION WITH THE SOUTH L1NE OF FARM UNIT 77, IRRIGATION BLOCK 1; THENCE NORTHERLY ALONG THE WESTERLY L1NE OF SAID FARM UNIT 77 TO THE 1NTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF DENT ROAD; THENCE WEST ALONG THE SOUTH RIGHT OF WAY L1NE OF DENT ROAD TO THE INTERSECTION WITH THE NORTH-SOUTH CENTERLINE OF SECTION 6, TOWNSHIP 9 NORTH, RANGE 29 EAST, WM; THENCE SOUTH ALONG THE NORTH-SOUTH CENTER L1NE OF SAID SECTION 6 TO THE INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF BURNS ROAD; THENCE WEST ALONG THE SOUTH RIGHT OF WAY L1NE OF BURNS ROAD TO THE POINT OF BEGINNIN G. COMPRISING APPROXIMATELY 1,835.71 ACRES, MORE OR LESS. Together with and subject to Easements, Reservations, Covenants, and Restrictions, of record and in View, as depicted in the map attached hereto and labeled Exhibit B,be and the same is hereby assigned zoning as follows: 1. G1 (Retail Business): Portions of parcels 115010032 and 115170078, as depicted in Exhibit`B." 2. R-1 (Low-Density Residential): Parcels or portions of parcels 115010032, 115170078, 115170049, 115170067, 115180042, 115180043, 115180044, and 115170079 as depicted in Exhibit"B;" 3. R-3 (Medium-Density Residential): Portions of parcels 115010032, 115170078, 115170079, and 115170077 as depicted in Exhibit"B;" 4. R-4 (High-Density Residential): Portions of parcels 115170076 and 115170050 as depic�ed in Exhibit`B;" 5. RT (Residential Transition): Parcels or portions of parcels 115010041, 115170039, 115170048, 115180030, 124310067, 124310085, 124310ll1, 124310129, 124310147, 124310227, 124310254, 124310263, 124310272, 124310281, 124310290, 124310300, 124320118, 124330189, 115170077, 115170076, 115170050, and 115180019 as depicted in Exhibit"B;" Section 2. That any and all zoning maps be and the same are hereby amended to conform to the aforesaid assignment of zoning. Section 3. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Ordinance—Eickmeyer/Roundy ZD 2022-002-3 PASSED by the City Council of the City of Pasco,Washington,on this 6�'day of February, 2023. � � Bla �e ara�as Mayor ATTEST: APPROVED S TO FO . �� � Debra Barham, CMC Kerr Fergus �, PLLC City Clerk City Att ey Published: -�;' (u �Z Ordinance—Eickmeyer/Roundy ZD 2022-002-4 EXHIBIT "A" CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECONIlVIENDED FINDINGS OF ) FACT,RECOMMENDED ZD 2022-002 ) CONCLUSIONS OF LAW,AND Lee Eickmeyer,et al. ) RECOIVIlV�NDATION ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on .Canuary 1l, 2023, the Nearing 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, 12431028], 124310263, 124310300, 1 l 5180044, 1 1 5 1 80043, 115010041, 115170039, 115180019, 124310067, 124310085, 124310272, 124320118, 124310254, 115180030, ]15170048, I24310111, 115170067, 1 1 5 1 80042, 124330189, 115170078, 115010032, 115170076, 1 1 5 1 70079, 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 3] Eickmeyer/Roundy Annexation(ZD 2022-002) Page I of 8 to the intersection with the north line of Farm Unit 66,Irrigation Block 1;thence easterly and northerly following the north line of Farm Unit 66 to the intersection with the east right- of-way line of Easy Street;thence south along the east right-of-way line of Easy Street to the intersection with the north line of Farm Unit 97, Irrigation Block 1;thence easterly and southerly following the north line of Farm Unit 97 to the intersection with the east right-of-way line of Columbia River Road;thence southerly along the easterly right-of-way line of Columbia River Road to the intersection the south right-of-way line of Clark Road; thence east along the south right-of-way line of Clark Road to the intersection with the east line of Section 4,Township 9 North, Range 29 East, WM;thence south along the east line of said Section 4 to the east corner of said Section 4;thence west along the east-west section line of Section 4 to the intersection with the east right-of-way line of Road 68;thence southerly along the east right-of-way line of Road 68 to the intersection with south line of Section 4;thence west along the said south line of Section 4 to the intersection with the west right-of-way line of Road 68;thence northerly along the west right-of-way line of Road 68 to the north line of the south half of the south half of the southwest quarter of Section 4,Township 9 North,Range 29 East, WM; thence west along said north line to the intersection with the west line of said Section 4 also being the east line of Section 5,Township 9 North, Range 29 East, WM;thence north along �e east line of said Section 5 to intersect the north line of the south half of the south half of said Section 5;thence east following said north line to the intersection with the west line of said Section 5; thence north along the west line of Section 5 to the intersection with the south line of Farm Unit 77,Irrigation Block l;thence northerly along the westerly line of said Farm Unit 77 to the intersection with the south right-of-way line of Dent Road;thence west along the south right-of-way line of Dent Road to the intersection with the north-south centerline of Section 6,Township 9 north, Range 29 east, Wm;thence south along the north-south centerline of said Section 6 to the intersection with the south right-of-way line of Burns Road; thence west along the south right-of-way line of Burns Road to the Point of Beginning. 3.2 Comprising approximately 1,835.71 acres,more or less. 33 General Location: 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. 3.4 Property Size: Parcel � Taxpayer Acres Name 124310129 BAIR PROPERTIES LLC � 0.86 124310147 KIRK E& DEBORAH L BAIR 1.89 124310227 LINDSEY N FANGMAN 0.85 124310290 PATRICK& KRISTINNA DEAN 2.66 124310281 LUBOV L&TOBIN L HAMILTON 2.,09 1 243 1 0263 TERESA LEUNG-NEWMAN 1.90 124310300 USA-BUREAU OF RECLAMATION 1.63 1 1 5 1 80044 LEE A&LYNNE M EICKMEYER 0.52 Eickmeyer/Roundy Annexation(ZD 2022-002) Page 2 of 8 1 1 5 1 80043 BIG SKY DEVELOPMENT IRRIGATION 3.51 POND LLC 115010041 COLUMBIA WATERS FARM LLC 180.42 115170039 KRISTTNE E WEITZ 49.07 115180019 LORI ANN SIMPSON(ETAL) 114.37 1 243 1 0067 THREE BAIRS LLC 54.45 124310085 THREE BAIRS LLC 66.01 1 243 1 0272 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 1 1 5 1 70048 LEE A EICKMEYER 210.88 124310111 THREE BAIRS LLC 6038 I 15170067 RANDY R MULLEN (ETAL) 81.76 1 1 5 1 80042 PASCO SCHOOL DISTRICT NO. 1 71.96 124330189 DT WAREHOUSE LLC 22.80 1 1 5 1 70078 COLUMBIA WATERS FARM LLC 31.42 115010032 COLUMBIA WATERS FARM LLC 223.73 1151700�6 COLUMBIA WATERS FARM LLC 25.03 1 1 5 1 70079 COLUMBIA WATERS FARM LLC 24.97 1 1 5 1 70077 COLUMBIA WATERS FARM LLC 24.75 OTAL 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 inigation pivots. 7. Surrounding properties are zoned and developed as follows: NORTH: AP-20(County) Agriculture EAST: AP-20; RR-1 (County),R-1 Agriculture; SEDUs 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 ofNon-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 azea, 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 shouid 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: 153.1 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. ]5.4 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. I5.6 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 approximate(y 1,835.71 acres of land located in and around Roads 68 and l 00 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 ofutilities to the area.Areas not zoned RT would be located within the East UGA Expansion Sewer Local Improvement district(L1D). 19. The following table depicts the allocation of land to each zoning district, in acres: Proposed Zoning Acres — -GI � T 75.72 R-1 379.O1 R-3 77.55 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. Claeaification Purpose and Description- - ---Zoni�ng * W Low Density Single family residential development at a R-S-20; R-S-12; R-S-I; Residential density of2 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 EickmeyedRoundy 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 ofthe property on December 28,2022. 22. City Council approved the Eickmeyer, et al Annexation(Ordinance 4591)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 wning was assigned in conjunction with the May 2022 annexation. 27. The property in question was annexed to the City of Pasco on 1V�ay 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(L1D). 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 properly 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 forrner 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) 373 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 exciusively with on-site we11s 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 close(y with the Comprehensive Plan Land Use designations for the area. Areas not zoned RT would be located within the East UGA Expansion Sewer Local lmprovement district(L1D). 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-Densiry Residential, Medium- Density Residential, High-Density Residentia(, 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 insta(1 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. S.l 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 115170077, 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 "A")attached to this recommendation. Dated this�day of January,2023. CITY PASCO HEARING EXAMINER �'/' `���� An rew L.Kottkamp EickmeyerlRoundy Annexation(ZD 2022-002) Page 8 of 8 � • � � ' . • � � � • - - - � \ � 1 1 1 ' 1 - . • 1 11 � 1 11 , �, _ ��� ' e °' . o• - , . o _ � ►s , _. _ ...�.. .. --- _ . _- . _ • . _ ' p \ -- � . . _ . ` �11[ ' . �� � ■ _ � � _ - - - � � �- +v�1�O 6�1. � �1l+!� *+� � . . , . .. _ III ��_ . �1i'�1 ` � � ` `p� � �1 .. -.-_ -r�.� m _ , _ . . •�..: w. . �� �1Nl� �,A • _ ► �° '. � � ' �� ���� � e �, _ � ,� � - � ���1� i� � : ' �1'"..����, '�' ` �� �� � . �:�� ��� ��re , .,�.� � �� r...�;t� !� " � �. ���� � � .o �,,,.� �� � . � JAlll� r � *a�us�Eu _ � � . �..� �M .� t111111�� �R oiiriiiii r .t1 . �lu r�s"��������•��-��rn*..�.��� � ��: ,1r ttltlli�� ..�� � �IIIItNllliif�=!nunnmunwu,rnfu�uut i ; . � 4�7l�II� �ltR• � � � �� .. � �!illll� �'r.'y.` �������1���� Ullliflllll{�a� _ �. I � s ►?, p `' d �iHll 1►\'%�IIII • � � �issfp 1 IINIIIIIIIIIII�:: .. ° �f ue�n �r �unv . 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" ~" ii�o�� �� ♦ �I t���� • � liftn\ ��=�i :���1�n�n r/Y�Vunncw�n�s�. �t�N i i��� w r.rr���Nf{�rl�/�R� !� �I ♦ � VlllilNlll • ���� 4 uienun • mmna _- �inm��i��� �c ��:• ����1��IU1�1���� �I I�I,� „ 1 0 #a :' ■�• � �� i� ! : � -: ..uus��� ���I� �1 I� �I��"' � rN��n .r..- i uomn �im n� �R uuiunu�u):r�i.� u��n�n���� I ♦ t r#'a�(ItUql = 'r "».- " �i.... :__..... ......_ -– ----- -- ,• ... � -------. � ►V►�I. �A�i_** ..... —_ �.Urrw/ ...�_. a Exhibit Item: Eickmeyer-Roundy Annexation N Applicants: Lee Eickmeyer, et al. ��B►�� File #: ANX 2022-002/ ZD 2022-002 SITE �, t ��,�:.: , � �� �; `,'\ ,. � �`� �``��; t ��'������ 'i �o �° \�.� , �,;� �G � 4 .�' R�'� ,'�t \� ?y '� _��`� � �� � �� .``. �. ` ti� .�.o _` � . �� , �,t,9 S •� ` `\ m �� ;• ; �'. � ` `� - ��� Z� � , . �� ���, �0 � � �� � {'-,--. � ` �`. � `�� �j�_���--�� _�y � �������_�CLARK`RD ����� E�ENT R�7 "� - ��� ` h . '�-` ` ,\ � . � .\ �, ,� \\ �� � `� �5,� � ��` '�� s� � � ��� '.' 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