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Home My WebLink AboutHE Recommendation Z 2022-013 Jefferson Landing CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT, RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION Z 2022-013 ) Lewis Place,LLC ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on April 12, 2023,the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact,Recommended Conclusions of Law, and Recommended Decision as follows: I. RECOMMENDED FINDINGS OF FACT 1. PROPERTY/APPLICATION DESCRIPTION: 1.1 Legal: SE4NW4SE4 28-9-30 LOCATED ELY OF BILLING ST R/W PER DEDICATION DEED #1697960. 1.2 General Location: Said property located on the east side of Heritage Boulevard between E Lewis Street and E Helena Street Pasco,Franklin County,WA. (Parcel 113900092). 1.3 Property Size: Approximately 2.25 acres. 1.4 Access: Lewis Place, LLC,3130 Varney Lane, Suite 102,Pasco WA 99301. 1.5 Request: Rezone Parcel 113900092 from "R-1-A"(Low Density Residential)to"R- 4"(High Density Residential). 2. ACCESS: The parcel will have access from Heritage Boulevard. 3. UTILITIES: Municipal water and sewer are available in E. Lewis Street and E. Helena Street. 4. LAND USE AND ZONING: The lot is zoned "R-1-A" (Low Density Residential)and is undeveloped. Surrounding properties are zoned and developed as follows: North: R-2 SFDUs East: C-3 Car Storage lot South: R-T Vacant West: R-1-a SFDUs 5. COMPREHENSIVE PLAN: The Comprehensive Plan Land Use Map designates the area "Mixed Residential/Commercial;"the "Mixed Residential/Commercial"designation allows for a combination of mixed-use residential and commercial in the same development, Single- family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre, and neighborhood shopping and specialty centers, business parks, service and office uses. Allowable zoning for the "Mixed Res idential/Commercial" land use designation includes the R-1 through R-4, C-1 and 0,and Waterfront zones. Z 2022 013 Jefferson Landing Page 1 of 5 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project.Based on the SEPA checklist(SEPA 2022-084),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 15 March 2022 under WAC 197-11-340(2). 7. REQUEST: Lewis Place LLC,has submitted a rezone application(Z 2022-013)from"R-1- A" (Low Density Residential)to R-4 (High Density Residential),for the East''/2 of the Northwest '/4 of the Southeast '/4 of the Southeast '/4 of Section 28, Township 9 North, Range 30 East(Parcel 113900092) in Pasco,WA. 8. SITE: The site comprises approximately 2.25 acres(98,010 square feet) and is undeveloped. "Mixed Residential/Commercial;" the "Mixed Residential/Commercial" designation allows for a combination of mixed-use residential and commercial in the same development, Single- family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre, and neighborhood shopping and specialty centers, business parks, service and office uses. Allowable zoning for the "Mixed Residentlal/Commercial" land use designation includes the R-1 through R-4, C-1 and O, and Waterfront zones. 9. HISTORY: The site was annexed into the City in 1994 and assigned RT (Residential Transition) zoning in conjunction with the annexation (Ordinance 3033). The site was rezoned RFAH-1, which is now R-1-A (Low Density Residential) zoning in 2004 (Ordinance 3682) 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 rezoned RFAH-1, which is now R-1-A (Low Density Residential) zoning in 2004 (Ordinance 3682). 10.2 The changed conditions, which are alleged to warrant other or additional zoning: 10.2.1 For many years it was difficult to encourage residential development in the eastern portions of the community. With beneficial changes such as new schools and improvements to the parks over the years, new development is occurring in East Pasco. New single-family homes were built across the street to the west starting in 2017. The property is considered "infill" property as development has occurred around it. 10.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 10.3.1 A rezone of this parcel from R-1-A to R-4 is logical because it is located in an area that is already developed with both low-density residential and commercial uses. Development of the site with residential and uses could improve the overall look of the neighborhood. 10.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: Z 2022 013 ,Jefferson Landing Page 2 of 5 10.4.1 The proposed rezone would align with the intent of the Comprehensive Plan. If the property retains the current R-1 A zoning designation the land would likely remain undeveloped. 10.5 The effect on the property owner or owners if the request is not granted: 10.5.1 The likely scenario is that the property would remain underdeveloped. 10.6 The Comprehensive Plan land use designation for the property 10.6.1 The Land Use Element of the Plan now designates the lot "Mixed Residential/Commercial." The "Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1 and O, and Waterfront zoning and may be developed with Mixed-use residential and commercial uses. 10.7 Such other information as the Hearing Examiner requires. 10.7.1 The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council. Right of Way dedication and ROW Improvements will be required at the time of development. As well, a traffic impact analysis will likely need to be completed for this development to understand the impacts the development may have on the existing City infrastructure. 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 March 17, 2023. 12. An open record public hearing after due legal notice was held April 12, 2023,with the Planning Department staff and public appearing in person and the Hearing Examiner appearing via videoconference. 13. Appearing and testifying at the hearing was Stephen Bauman. Mr. Bauman testified that he was an agent authorized to appear on behalf of the Applicant/property owner. He agreed with all representations in the staff report. 14. No member of the public appeared 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 "Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1 and O, and Waterfront zoning and may be developed with Mixed-use residential and commercial uses. 1.2 The proposal also aligns with the following Comprehensive Plan Goals and Policies: 1.3 Goal LU-1: take deliberate, consistent, and continuous actions to improve the community's quality of life. Z 2022 013 Jefferson Landing Page 3 of 5 1.5 Goal LU-2: plan for a variety of compatible land uses within the UGA. 1.6 Policy LU-2-A: Maintain sufficient land designated to accommodate residential, commercial, industrial, educational, public facility, and open-space uses proximate to appropriate transportation and utility infrastructure. 1.7 Policy LU-2-13: Facilitate planned growth within the City limits and UGA and promote infill developments in the City limits through periodic review of growth patterns and market demand within each of the City's land use designations. 1.8 Policy LU-6-A: Encourage commercial and higher-density residential uses along major corridors and leverage infrastructure availability. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1 The application for rezone is consistent with the Comprehensive Plan Land Use Element. Surrounding uses include low-density residential to the north, commercial to the east, medium-density residential to the south, and medium-density residential to the west. 3. There is merit and value in the proposal for the community as a whole. 3.1 The proposed rezone application is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council (Ordinance 4537) 3.2 The Comprehensive Plan has recently been updated for the area and now designates the lot "Mixed Residential/Commercial." 3.3 The "Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1 and O, and Waterfront zoning and may be developed with Mixed-use residential and commercial uses. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 4.1 The rezone application and anticipated project are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. 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 subdivision and design standards established by the PMC. No Concomitant Agreement is considered necessary for this application. Mitigation measures will be identified at the project/permit level. 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 Parcel 113900092 located on the east side of Heritage Boulevard between E Lewis Street and E Helena Pasco, Franklin County, WA be rezoned from R-1- A (Low Density Residential)to R-4(High Density Residential). Z 2022 013 Jefferson Landing Page 4 of 5 Dated this_Tday of April, 2023. CITY OF PASCO HEARING EXAMINER An ew L. Kottkamp Z 2022 013 Jefferson Landing Page 5 of 5