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HomeMy WebLinkAboutHE Recommendation Z 2023-004 TSK 2019 LLC CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED } CONCLUSIONS OF LAW, AND RECOMMENDED DECISION Z 2023-004 ) TSK 2009 LLC ) 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 1 Short Plat 2019-09(Parcel 115180065). 1.2 General Location: At the northwest corner of Bums Road and Broadmoor Boulevard. 1.3 Property Size: Approximately 3.9 acres (172102.0 square feet). 1.4 Request: TSK 2009 LLC Rezone from R-4 (High-Density Residential)to C-1 (Retail Business). 2. ACCESS: The parcel has access from Burns Road and Broadmoor Boulevard. 3. UTILITIES: Municipal water and sewer are available from both Burns Road and Broadmoor Boulevard. 4. LAND USE AND ZONING: The site is zoned R-4 (High-Density Residential) and is vacant. Surrounding properties are zoned and developed as follows: NORTH: R-S-1 Vacant; Rural Residential EAST: R-1 SFDUs SOUTH: RT Vacant WEST: R-4 Vacant 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 30, 2023. Z 2023 004 TSK 2019 LLC Rezone Page 1 of 7 7. REQUEST: TSK 2019 LLC has submitted a rezone application(Z 2023-004)from R-4 (High-Density Residential)to C-1 (Retail Business),for Lot 1 Short Plat 2019-09(Parcel 115180065),located at the northwest corner of Bums Road and Broadmoor Boulevard. 8. SITE: The site comprises approximately 3.9 acres (172102.0 square feet)and is vacant. 9. HISTORY: The site was annexed into the City in 2015 (Ordinance 4223) and assigned R-1 (Low-Density Residential) zoning in conjunction with the annexation (Ordinance 4224). In 2016 the City approved a Comprehensive Plan Land Use amendment (CPA 2016-001) re- designating the site from Low-Density Residential to High-Density Residential, and based on this amendment the site was subsequently rezoned(Ordinance 4372)from R-1 (Low-Density Residential)to R4(High-Density Residential)in 2017. 10. In April 2023 the City approved Ordinance 4649, again amending the Comprehensive Plan Future Land Use Map, changing the designation of the site from High-Density Residential to 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. 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 in 2017 from R-1 (Low-Density Residential) to R-4 (High-Density Residential; Ordinance 4372). 11.2 The changed conditions,which are alleged to warrant other or additional zoning: 11.2.1 The site's location at the intersection of two arterial streets provides an opportunity for a commercial node in an area where neighborhood commercial services do not exist. The residential development that has occurred along these two corridors brings significant traffic volumes along these arterial streets and that traffic will increase as further development occurs within the City's urban growth area boundary over the next twenty years. Further,the provision of commercial services at this location will help to shorten vehicle trips for neighborhood residents as they would not have to travel as far to obtain the convenience goods and services typically provided within a neighborhood center. 11.2.2 In the future, the Broadmoor Master Planned area is planned to develop significant commercial services, but applicant posits that these will be regional in nature, much like the regional services that are provided along Broadmoor Boulevard near the freeway entrance, such as the auto and RV dealerships,and that development of the Broadmoor area will not provide the type of neighborhood services that this rezoning action seeks to provide. 11.2.3 In April 2023 the City approved Ordinance 4649, amending the Comprehensive Plan Future Land Use Map, changing the designation of the site from High-Density Residential to Mixed Residential and Commercial. Z 2023 004 TSK 2019 LLC Rezone Page 2 of 7 11.2.4 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. 11.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 11.3.1 Pasco municipal code section 25.85.010 states the purpose of the C-1 Retail Business zone: 11.3.2 The C-1 retail business district is established to provide for the location of commercial activities outside the central business district that meet the retail shopping and service needs of the community. 11.3.3 By developing neighborhood commercial services within or adjacent to neighborhoods, vehicle trips are shortened, as residents would not have to drive as far to obtain the services they need. Additionally, a neighborhood center also provides opportunities for both pedestrian and bicycle travel for residents living near the site. Residents living on or near the Broadmoor Boulevard and Burns Road corridors will benefit from the provision of commercial services on-site. 11.3.4 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. 11.3.5 The rezone request aligns with the Comprehensive Plan Land Use amendment (Ordinance 4649) for the site. Furthermore, the City Council found that the amendment (Ordinance 4649) met the decision criteria contained in PMC 25, 215. 020, and that the amendment is consistent with the Comprehensive Plan and the goals and policies of the City. 11.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 11.4.1 The site is ideally situated to provide neighborhood commercial services to the existing and future residents along Burns Road and Broadmoor Boulevard. Traffic on both Burns Road and Broadmoor Boulevard is expected to increase tenfold by 2038. The projected volume of traffic adjacent to the site represents a significant market opportunity to provide neighborhood commercial services that would be a benefit to local residents. 11.4.2 Future commercial development on the site would be bordered by vacant residentially classified lands to the north and west. Existing zoning standards Z 2023 004 TSK 2019 LLC Rezone Page 3 of 7 require additional setbacks for commercial properties that are adjacent to residential land. Additionally,standards regulating building height,landscape buffers, fencing, screening of parking and loading areas are sufficient to ensure compatibility between land uses. served. 11.5 The effect on the property owner or owners if the request is not granted: 11.5.1 The site is designated as Mixed Residential and Commercial under the City's current comprehensive plan, making the proposed rezone to C-1 zoning consistent with the plan. In addition, the proposed rezone would help to implement several land use policies. If the site remains with the current zoning designations the site may remain vacant. 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;" 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. Appearing and testifying at the hearing was Rick Simon. Mr. Simon testified that he was an agent authorized to appear on behalf of the Applicant/property owner. Mr. Simon testified that he agreed with all representations in the staff report. 15. Testifying from the public was the following individual: 15.1 Debra Parsons. Ms. Parsons lives within 300' of the parcel to be rezoned. She bought her home in 2018 believing that the area would remain residential. She stated that there are no community services in the area and that she gladly drives to shop at Costco and Walmart. She stated that the gas station/convenience store that is proposed to be applied for in the event this rezone is granted is simply not needed. She asked the Hearing Examiner to look at the interests of the local residents and she also stated that the safety of the residents is at risk because of the petroleum products. 15.2 Mr. Simon testified in rebuttal that northwest Pasco is growing and will continue to grow and that the C-1 zoning is consistent with being located close to residential neighborhoods. He stated that the current zoning of R4 would have greater impacts on neighbors if there were high rise apartments that are allowed under such zoning. He stated that the Applicant would comply with all required mitigation measures after the development application is submitted.He testified as to his opinion that the large number of motor vehicles that would be part of a high-density development would release more pollutants than any development on this rezoned property would create. Z 2023 004 TSK 2019 LLC Rezone Page 4 of 7 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 "Mixed Residential and Commercial District."The proposed C-1 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-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. [Applicant's note: A small commercial node at the intersection of two arterial streets is an ideal location to serve the existing and future residential neighborhoods in the northwest portion of Pasco. Access and utility infrastructure are present and available to serve the proposed use. Development of a commercial node will provide convenient neighborhood scale commercial services to neighborhoods that otherwise would not be served]. 1.1.2 Land Use Policy LU-4-A: Reduce the dependency of vehicle travel and encourage pedestrian and multi-modal options by providing compatible land- uses in and around residential neighborhoods. [Applicant's note: Providing a node for neighborhood commercial services at the intersection of two arterial streets in the midst of a growing residential area is compatible with this policy. While development of a commercial node may not eliminate dependence on vehicle travel, it would shorten the length of many vehicle trips that residents need to take to obtain commercial services]. 1.1.3 Land Use Policy LU-4-C: Encourage the development of walkable communities by increasing mixed-use (commercial/residential)developments that provide households with neighborhood and commercial shopping opportunities. [Applicant's note: Providing a commercial node at the intersection of Burns Road and Broadmoor will provide neighborhood commercial services in an area that is currently underserved by neighborhood scale commercial services. The regional mixed use land use that will develop south of the site will draw customers from throughout the City and Tri-Cities region but does not provide residents with convenient neighborhood services. The existing and future neighborhoods located along Burns Road and north along Broadmoor Boulevard do not have a local option for gas and convenience items. The regional shopping facilities that will be built south of Burns Road will provide regional services but will not be where a neighborhood resident would want to stop on their morning commute to buy gas or a cup of coffee]. Z 2023 004 TSK 2019 LLC Rezone Page 5 of 7 1.1.4 Land Use Policy LU-6-A: Encourage commercial and higher-density residential uses along major corridors and leverage infrastructure availability. [Applicant's note: Locating commercial services at the intersection of Broadmoor Boulevard and Burns Road,two arterial streets,is consistent with the intent of this policy. Both water and sewer services are available in close proximity to the site, so infrastructure and street corridors are both in place to serve this property]. 1.1.5 Land Use Policy LU-6-8: Promote efficient and functional neighborhood level and major commercial centers to meet community demand. [Applicant's note: The zoning change would result in the provision of neighborhood level commercial services to the neighborhoods that are expanding along Burns Road and Broadmoor Boulevard. The demand for community services is already present. Approval of the requested comprehensive plan amendment would result in construction of facilities that will meet that demand]. 1.1.6 Implementation Policy IM-3-C: Consider the interests of the entire community and the goals and policies of the Comprehensive Plan prior to making land use and planning decisions. [Applicant's note: The proposed rezone would implement several goals and policies of the comprehensive plan. It would be beneficial to the existing and future residents of Northwest Pasco by providing convenient and needed neighborhood commercial services]. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1 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. The application for rezone from R-4 to C-1 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 site's location at the intersection of two arterial streets provides an opportunity for a commercial node in an area where neighborhood commercial services do not exist. The residential development that has occurred along these two corridors brings significant traffic volumes along these arterial streets and that traffic will increase as fixrther development occurs within the City's urban growth area boundary over the next twenty years. 3.2 Further, the provision of commercial services at this location will help to shorten vehicle trips for neighborhood residents as they would not have to travel as far to obtain the convenience goods and services typically provided within a neighborhood center. 3.3 In the future, the Broadmoor Master Planned area is planned to develop significant commercial services, but these will be regional in nature, much like the regional services that are provided along Broadmoor Boulevard near the freeway entrance (such as the auto and RV dealerships). Development of the Broadmoor area will not provide the type of neighborhood services that this rezoning action seeks to provide. Z 2023 004 TSK 2019 LLC Rezone Page 6 of 7 3.4 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 Mixed Residential and Commercial 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 Lot 1 Short Plat 2019-09 (Parcel 115180065),be rezoned from R-4(High-Density Residential)to C-1 (Retail Business). Dated this d day of July,2023. :CITY OF P SCO HEARING EXAMINER ew L.Kottkamp Z 2023 004 TSK 2019 LLC Rezone Page 7 of 7