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HomeMy WebLinkAboutHE Recommendation Z 2023-002 Cole's Estates CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF } FACT,RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION Z 2023-002 ) Cole's Estates Rezone ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on July 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. Lots 9 and 24, Cole's Estates (Parcels 115392086 and 115392031). 1.2 General Location: North of Sandifur Pkwy between Road 90 and Road 92,Pasco, Franklin County,WA. 1.3 Property Size: Approximately 4.84 acres (210,830.4 square feet). 1.4 Request: Cole's Estates Rezone from C-1 (Retail Business District)to MU(Mixed- Use District). 2. ACCESS: The parcel has access from Sandifur Pkwy and Roads 90 and 92. 3. UTILITIES: Municipal water and sewer are available in Sandifur Pkv y. Road 90 and Road 92. 4. LAND USE AND ZONING: The site is zoned C-1 (Retail Business District)and is vacant. Surrounding properties are zoned and developed as follows: NORTH: R-4; C-1 Vacant; Commercial EAST: C-1 Vacant;Retail Businesses SOUTH: C-1 Vacant;Retail Businesses WEST: C-1 Vacant; Office Uses;Mini-Storage 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as"Mixed Residential and Commercial."The Mixed Residential and Commercial designation allows for R-1 through R-4,C-1, O,and MU zoning;development may be a combination of mixed-use residential and commercial in the same development,including single-family dwellings,patio homes,townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre, as well as neighborhood shopping and specialty centers,business parks,service and office uses. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project.A mitigated determination of non-significance was issued on June 29,2023. Z 2023 002 Cole's Estates Rezone Page 1 of 5 7. REQUEST:Nicole Stickney of AHBL, on behalf of Elite Investment Group has submitted a rezone application(Z 2023-001)from C-1 (Retail Business District)to MU(Mixed-Use District), for Lots 9 and 24,Cole's Estates (Parcels 115392086 and 115392031),located north of Sandifur Pkwy between Road 90 and Road 92,Pasco,Franklin County,WA. 8. SITE: The site comprises approximately 4.84 acres (210,830.4 square feet)and is vacant. 9. HISTORY: The site was annexed into the City in 1982 (Ordinance 2388) and assigned RT (Residential Transition) zoning, which acts as a temporary "holding zone"until utilities and infrastructure are available for future development. The site was rezoned to C-1 (Retail Business District)in 2007 (Ordinance 3833)and has remained C-1 to present. 10. The 2018- 2038 Pasco Comprehensive Plan Land Use Map designates the site for "Mixed Residential and Commercial Land Use." However, at the time of Comprehensive Plan adoption, the City did not have a zoning district to facilitate the intent of that Mixed Residential and Commercial land use classification. In May of 2023 City Council approved Ordinance 4668, amending the Pasco Municipal Code Section 25.20.010 "Establishment of Zoning Districts" and Chapter 25.127 "WD Waterfront Development District" replacing the " WD District" to " MU Mixed-Use District," allowing for Mixed-Use developments citywide, consistent with the Comprehensive Plan. 11. 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: 11.1 The date the existing zone became effective: 11.1.1 The site was rezoned to C-1 (Retail Business District) zoning in in 2007 (Ordinance 3833). 11.2 The changed conditions,which are alleged to warrant other or additional zoning: 11.2.1 Passage of Ordinance 4668 (May 2023) modifying the City's zoning code and providing for a Mixed-use zoning option is the primary changed condition allowing the rezone. Additionally, the City of Pasco has been growing rapidly over the last twenty years, particularly along Sandifur Parkway where multiple businesses contribute to a vibrant and important commercial district, providing goods and services to support the community and sustain a healthy local economy, with residential uses surrounding. The properties were changed to a "Mixed Residential and Commercial" classification during the city's periodic update to the Comprehensive Plan. With that land use classification, present market conditions/ interest, and presence along Sandifur Parkway, the proposal area is ripe for mixed-use development, except for the zoning designation. The proposed rezone would allow the site to be developed as intended per the Comprehensive Plan land use map. 11.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 11.3.1 A rezone from Retail Business (C-1) to Mixed-Use (MU) would allow commercial use to occur (providing services, creating jobs, and expanding the tax base in the growing community)in a manner integrated with housing. Z 2023 002 Cole's Estates Rezone Page 2 of 5 Further,the change from C-1 to MU zoning will not negatively impact public health or safety. 11.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 11.4.1 A change in zoning would be consistent with the comprehensive plan. According to the table in Pasco Municipal Code (PMC) 25.215.015, the Mixed Residential and Commercial classification is intended to "Allow 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 24 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service and office uses." Further, the adjacent property's value and character are not anticipated to be negatively affected because mixed-use development has been established by City Council as an appropriate and beneficial use of the site as set out in the City's approved Comprehensive Plan. The rezone application is consistent with and meets the intent of the goals and policies of the Comprehensive Plan. 11.5 The effect on the property owner or owners if the request is not granted: 11.5.1 If the site remains with the current zoning designations the site may remain underutilized, and the owner will not be able to deliver a mixed-use project that can put ideals related to the following themes (from the City's Comprehensive Plan-Land Use Policy 4-F)into action: "smart growth, infill, and compact developments with transit and pedestrian amenities that promote a healthy community." 11.6 The Comprehensive Plan land use designation for the property 11.6.1 The Land Use Element of the Comprehensive Plan designates the lot"Mixed Residential and Commercial District;" both the current and the proposed zoning district are compatible with the Comprehensive Plan Land Use designation. 11.7 Such other information as the Hearing Examiner requires_ 11.7.1 The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals. The opportunity for a mix of residential and retail commercial uses in this area supports the Land Use Element of the Comprehensive Plan. 12. Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri-City Herald on June 21, 2023. 13. An open record public hearing after due legal notice was held July 12, 2023, with the Planning Department staff and public appearing in person and the Hearing Examiner appearing via videoconference. 14. Appearing and testifying at the hearing was Emily Weimer. Ms. Weimer testified that she was an agent authorized to appear on behalf of the Applicant/property owner. Ms. Weimer confirmed that no SEPA determination had yet been made. She indicated that while the application is consistent with the Comprehensive Plan,the recently implemented zoning code changes are not yet online and asked that the record be kept open. Z 2023 002 Cole's Estates Rezone Page 3 of 5 15. No member of the public testified at the hearing. 16. Staff indicated that the ordinance can be provided by emailing Mr. Adams and that is also on the City website. 17. The Hearing Examiner declined to keep the record open. The Hearing Examiner indicated that he would entertain a request to reopen the hearing if there was a timely request made. 18. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 19. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. I1.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 Land Use Element of the Comprehensive Plan designates the lot "Mixed Residential and Commercial District."The proposed MU zoning district would be in alignment with the Land Use map within the City's Comprehensive Plan. Future potential development could additionally foster or help to implement the following policies from the Comprehensive Plan: 1.1.1 Land Use Policy 4-F: Support mixed-use, smart growth, infill, and compact developments with transit and pedestrian amenities that promote a healthy community. 1.1.2 Land Use Policy 5-A: Allow a variety of residential densities throughout the UGA. 1.1.3 Housing Policy 3-A: Encourage innovative techniques in the design of residential neighborhoods and mixed-use areas to provide character and variety in the community. 1.1.4 Housing Policy 4-C: Increase housing supply and diversity. 1.1.5 Economic Development Policy 1-F: Support and encourage residential/commercial mixed-use developments that provide neighborhood shopping and services and promote walkable neighborhoods. 1.1.6 Transportation Element Policy 1-D: Encourage multi-modal street design with traffic calming and safety in consideration of surrounding land uses. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1 The proposal will not be materially detrimental on the immediate vicinity. Adjacent parcels to the north, east, and west have the same land use designation in the Comprehensive Plan. The MU district's permitted uses would not produce excessive noise, air, or other forms of pollution detrimental to nearby land uses. 2.2 The application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property. 3. There is merit and value in the proposal for the community as a whole. 3.1 The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council. In addition to fulfilling the goals and policies of the Comprehensive Plan,the proposal Z 2023 002 Cole's Estates Rezone Page 4 of 5 includes infill development and promotes a healthy and robust mixed-use environment. 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. As such, no conditions should be imposed; any future development will be evaluated for significant adverse impacts at the time of a development application, which will also be subject to review under the State Environmental Policy Act(SEPA). 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 design standards established by the PMC. No Concomitant Agreement is considered necessary for this application. 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 Lots 9 and 24, Cole's Estates (Parcels 115392086 and 115392031),be rezoned from C-1 (Retail Business District)to MU(Mixed-Use District). Dated this��day of July, 2023. CITY OF PASCO HEARING EXAMINER drew L. Kottkamp Z 2023 002 Cole's Estates Rezone Page 5 of 5