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Home My WebLink AboutHE Recommendation Z 2023-003 Barker Heights CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION Z 2023-003 ) Barker Heights 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: LOT 2 AND A PORTION OF LOT 3 OF SHORT PLAT 2020-22 RECORDED IN VOLUME 2 OF SHORT PLATS AT PAGE 361-365 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1918957,LOCATED WITHIN THE NORTH HALF OF THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 9 NORTH,RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO,FRANKLIN COUNTY,WASHINGTON, DESCRIBED MORE PARTICULARLY AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 6, MARKED BY A BUREAU OF RECLAMATION 3 INCH BRASS CAP,LOCATED NORTH 00°55'29" EAST A DISTANCE OF 2660.55 FEET FROM THE SOUTH QUARTER CORNER OF SAID SECTION 6, MARKED BY A FRANKLIN COUNTY PUBLIC WORKS 3 INCH BRASS CAP INSCRIBED "FCPW T9N R29E 1/4 S6-S7 2012 LS 38481";THENCE NORTH 89'18'23" EAST ALONG THE CENTER SECTION LINE OF SAID SECTION 6 A DISTANCE OF 1339.71 TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING NORTH 89018'23" EAST ALONG SAID CENTER SECTION LINE A DISTANCE OF 640.86 FEET TO THE INTERSECTION WITH THE PROPERTY BOUNDARY COMMON TO LOTS 1 AND 2 OF SAID SHORT PLAT 2020-22; THENCE SOUTH 00°55'29"WEST ALONG SAID COMMON PROPERTY BOUNDARY A DISTANCE OF 352.91 FEET;THENCE NORTH 89018'23" EAST CONTINUING ALONG SAID COMMON PROPERTY BOUNDARY A DISTANCE OF 682.26 FEET TO THE INTERSECTION WITH THE WEST RIGHT OF WAY MARGIN OF BROADMOOR BOULEVARD DEDICATED PER INSTRUMENT RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1761328; THENCE SOUTH 00°56'06"WEST ALONG SAID WEST RIGHT OF WAY MARGIN A DISTANCE OF 981.08 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 6;THENCE SOUTH 89023'10"WEST ALONG SAID SOUTH LINE A DISTANCE OF 1,331.19 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH Z 2023 003 Barker Heights Rezone Page 1 of 6 00055'20" EAST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6 A DISTANCE OF 62.52 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT,HAVING A RADIUS OF 300.03 FEET;THENCE ALONG SAID CURVE AND LEAVING SAID WEST LINE,HAVING AN ARC LENGTH OF 57.04 FEET,WITH A DELTA ANGLE OF 10°53'34",A CHORD BEARING OF NORTH 06°22'07" EAST,AND A CHORD LENGTH OF 56.95 FEET;THENCE NORTH 11048'54" EAST A DISTANCE OF 113.73 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE LEFT,HAVING A RADIUS OF 300.03 FEET; THENCE ALONG SAID CURVE,HAVING AN ARC LENGTH OF 65.12 FEET,WITH A DELTA ANGLE OF 12°26'10",A CHORD BEARING OF NORTH 05°35'49" EAST,AND A CHORD LENGTH OF 64.99 FEET;THENCE NORTH 00037'16"WEST A DISTANCE OF 844.42 FEET; THENCE NORTH 89022'44" EAST A DISTANCE OF 4.09 FEET;THENCE NORTH 00037'14" WEST A DISTANCE OF 192.54 FEET TO THE TRUE POINT OF BEGINNING (Parcel 115180075). 1.2 General Location: Along the west side of Broadmoor Boulevard approximately 1,300 feet north of Burns Road,Pasco,Franklin County,WA. 1.3 Property Size: Approximately 34.61 acres(1,507,714.4 square feet). 1.4 Request: Barker Heights Rezone from R-S-1 (Low-Density Residential)to R-3 (Medium-Density Residential). 2. ACCESS: The parcel has access from Broadmoor Boulevard and(future)Road 104. 3. UTILITIES: Municipal water and sewer would be brought to the site from both Broadmoor Boulevard and(future)Road 104. 4. LAND USE AND ZONING: The site is zoned R-S-1 (Low-Density Residential)and is vacant. Surrounding properties are zoned and developed as follows: NORTH: RR-5 Vacant;Rural Residential EAST: R-4 Farming SOUTH: R-1 Vacant WEST: R-S-1 Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as "Medium- Density Residential."The Medium-Density Residential designation allows for R-2 through R-4,and RP zoning;development may be single-family dwellings,patio homes,townhouses, apartments, and condominiums at a density of 6 to 20 dwelling units per acre. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. A mitigated determination of non-significance was issued on June 30,2023. 7. REQUEST: P&R CONSTRUCTION LLC has submitted a rezone application(Z 2023-003) from R-S-1 (Low-Density Residential)to R-3 (Medium-Density Residential),for Lot 2 and a portion of Lot 3 of Short Plat 2020-22(Parcel 115180075), located along the west side of Broadmoor Boulevard approximately 1,300 feet north of Burns Road,Pasco,Franklin County,WA. Z 2023 003 Barker Heights Rezone Page 2 of 6 8. SITE: The site comprises approximately 34.61 acres(1,507,714.4 square feet)and is vacant. 9. HISTORY: The site was annexed into the City in 2017(Ordinance 4330)and assigned R-S-1 (Low-Density Residential)zoning in conjunction with the annexation(Ordinance 4331). 10. In April 2023 the City approved Ordinance 4651, amending the Comprehensive Plan Future Land Use Map, changing the designation of the site from Low Density Residential to Medium Density Residential. The Medium-Density Residential designation allows for R-2 through R-4, and RP zoning; development may be single-family dwellings, patio homes, townhouses,apartments,and condominiums at a density of 6 to 20 dwelling units per acre. 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 assigned R-S-1 (Low-Density Residential) zoning in 2017(Ordinance 4331) conjunction with the 2017 annexation (Ordinance 4330). 11.2 The changed conditions,which are alleged to warrant other or additional zoning: 11.2.1 In April 2023 the City approved Ordinance 4651, amending the Comprehensive Plan Future Land Use Map, changing the designation of the site from Low Density Residential to Medium Density Residential. The Medium-Density Residential designation allows for R-2 through R-4, and RP zoning; development may be single-family dwellings, patio homes, townhouses, apartments, and condominiums at a density of 6 to 20 dwelling units per acre. 11.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 11.3.1 The Medium-Density Residential designation allows for R-2 through R-4, and RP zoning; development may be single-family dwellings, patio homes, townhouses, apartments, and condominiums at a density of 6 to 20 dwelling units per acre. Development of this property at 10,000 square-foot minimum lot sizes (per the R-S-1 zoning requirement) would contribute to urban sprawl and additional loading on the City's transportation and utility systems in the form of additional traveled miles and extended upsized utilities. The increased density will help reduce urban sprawl, increase home ownership, easier access to residents who live closer to urban areas, and provides for more neighbors that provide "the eyes on the street" to protect personal property. The increased numbers of lots provide more options to buyers. 11.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 11.4.1 Properties to the east and south are planned to be similar single-family homes on similar lot sizes. Property to the north is developed in the County as rural residential; 5-acre minimum lot size. This area is ultimately anticipated to be incorporated into the City. Adjacent property values are not expected to be negatively impacted by this rezone. Property to the west is owned by the Z 2023 003 Barker Heights Rezone Page 3 of 6 Pasco School District. 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 result in a reduction in revenue from future home sales. 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 "Medium-Density Residential District;" the proposed zoning district is 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 higher density residential 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. The Applicant did not appear at the hearing. The Applicant was given notice of the date, place,time, and location of the hearing. 15. No member of the public testified at the hearing. 16. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 17. 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 Land Use Element of the Comprehensive Plan designates the lot "Medium- Density Residential District." The proposed R-3 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 LU-4-B: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. 1.1.2 Land Use Policy LU-4-D: Designate areas for higher density residential developments where utilities and transportation facilities enable efficient use of capital resources. Z 2023 003 Barker Heights Rezone Page 4 of 6 1.1.3 Land Use Policy LU-4-F: Support Medium-Density Residential, smart growth, infill, and compact developments with transit and pedestrian amenities that promote a healthy community. 1.1.4 Land Use Policy LU-5-A: Allow a variety of residential densities throughout the UGA. 1.1.5 Housing Policy H-1-A: Allow for a full range of housing including single family homes, townhouses, condominiums, apartments, and manufactured housing, accessory dwelling units, zero lot line, planned unit developments etc. 1.1.6 Housing Policy H-1-B: Higher intensity housing should be located near arterials and neighborhood or community shopping facilities and employment are. 1.1.7 Housing Policy H-3-A: Encourage innovative techniques in the design of residential neighborhoods and Medium-Density Residential areas to provide character and variety in the community. 1.1.8 Housing Policy H-4-C: Increase housing supply and diversity through appropriate and flexible development standards. 1.1.9 Transportation Element Policy TR-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 Medium-Density Residential designation allows for R-2 through R-4, and RP zoning; development may be single-family dwellings, patio homes, townhouses, apartments, and condominiums at a density of 6 to 20 dwelling units per acre. 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 includes infill development and promotes a healthy and robust Medium-Density Residential 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. Z 2023 003 Barker Heights Rezone Page 5 of 6 III. RECOMMENDED DECISION Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner RECOMMENDS APPROVAL, that Lot 2 and a portion of Lot 3, Short Plat 2020-22 (Parcel 115180075), be rezoned from R-S-1 (Low-Density Residential) to R-3 (Medium-Density Residential). Dated this 4 day of July, 2023. CITY OF PASCO HEARING EXAMINER �iffrewL. Z 2023 003 Barker Heights Rezone Page 6 of 6