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HomeMy WebLinkAboutHE Recommendation Z 2023-006 Helena Addition #2 C-3 to R-1 CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION Z 2023-006 ) Helena Street Addition #2 ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on August 9, 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 Lgj 1 All of Block 7,Washington Addition to Pasco,together with all vacated streets and alleys adjacent,per City of Pasco Ordinance 3996 (Parcel 113883022). 1.2 General Location: Said property is located along the south side of East Helena Street and approximately one block east of Heritage Boulevard, in Pasco WA. 1.3 Property Size: Approximately 3.20 acres. 1.4 Request: Rezone Helena Street Addition 42 Rezone from C-3 (General Business District)to R-1 (Low-Density Residential). 1.5 Owner/Applicant: B4 Development c/o Stephen Bauman, 3130 Varney Lane, Pasco WA 99301. 2. ACCESS: The parcel has access from East Helena Street. 3. UTILITIES: Municipal water and sewer are available in East Helena Street. 4. LAND USE AND ZONING: The site is zoned C-3 (General Business District) and is vacant. Surrounding properties are zoned and developed as follows: North: R-1 SFDUs (underdevelopment) East: R-1/RT Vacant South: C-3 Vacant West: R-1-A SFDUs (under development) 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as "Mixed Residential and Commercial."The Mixed Residential and Commercial designation accommodates a diverse range of housing,non-residential uses,commercial uses, neighborhood retail and office uses,parks and recreation areas, and civic uses at a density of 5 to 29 dwelling units per acre. Z 2023 006 Helena Street Addition 42 Rezone Page 1 of 6 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the State Environmental Policy Act("SEPA")checklist,Comprehensive Plan,applicable regulations, and other information, Staff expects to issue a threshold determination resulting in a Determination ofNon-Significance (DNS)for this project by 9 August 2023,under WAC 197-11-158,with the following Mitigation. 6.1 The applicant shall prepare and submit an assessment of site access and the surrounding vicinity with regards to the implementation of neighborhood traffic calming measures and strategies, pursuant to Pasco Municipal Code(PMC) Chapter 12.15. This evaluation should encompass a thorough examination of factors such as road layout,traffic flow,pedestrian safety, and existing infrastructure to determine suitable measures and strategies for mitigating traffic-related issues within the neighborhood. 7. REQUEST: Stephen Bauman of B4 Development, on behalf of Jubilee Foundation,has submitted a Rezone application(Z 2023-006)from C-3 (General Business)to R-1 (Low- Density Residential)for Block 7,Washington Addition to Pasco,together with vacated streets and alleys(Parcel 113883022)comprising approximately 3.2 acres in Pasco,WA 99301. Said property is located along the south side of East Helena Street and approximately one block east of Heritage Boulevard,in Pasco WA. The underlying Land Use code has recently been amended to "Mixed Residential/Commercial,"which specifies 5-29 dwelling units (DU)per acre. However,the proposed zoning is R-1 (Low-Density Residential), which limits density to 3 to 6 dwelling units per acre. 8. SITE: The site comprises approximately 3.9 acres(172102.0 square feet)and is vacant. 9. HISTORY: The site was originally platted into Pasco in 1913 as part of the Washington Addition to Pasco. Rights-of-way were dedicated in conjunction with the original 1913 Washington Addition to Pasco plat; the plat originally contained 25'-wide lots and 80'-wide street rights-of-way, as well as 14'wide north-south alleys and 20'wide east west alleys. 10. The site was de-annexed in 1921 (Ordinance 319) and subsequently (re)annexed into the City in 1994 and assigned RT (Residential Transition) zoning (Ordinance 3033). The RT zone is typically used as a holding zone for areas that lack utility services. As utilities and infrastructure become available RT zoned properties are then zoned to align with the land use designations of the Comprehensive Plan. In 2011 Missoula Street to the east and Butte Street to the south were vacated (Ordinance 3996), along with all internal alleys and 10' of street ROW along East Helena Street and Spokane Street. In 2016 a Comprehensive Plan amendment (Ordinance 4328) changed the Land Use designation for the site, along with properties to the south,west,and north, from Low-Density Residential to Commercial. 11. In 2018 the site was rezoned from RT to C-3 (Ordinance 4422) with a concomitant agreement and conditions as follows: 12. Conditions: 12.1 A buffer consisting of a 6'tall architectural block wall, along with 10' of landscaping to be placed on the residential side of the wall as per PMC 25.75.040 shall be installed between all residential zoning districts and all C-3 uses. 12.2 The following uses shall be prohibited within 300 feet of any residential district: 12.2.1 Carwashes; 12.2.2 Wineries as defined under 25.12.480; 12.2.3 Dance halls and nightclubs; Z 2023 006 Helena Street Addition 42 Rezone Page 2 of 6 12.2.4 Trucking, express and storage yards; 12.2.5 Heavy machinery sales and service; 12.2.6 Warehouse; 12.2.7 Landscape gardening and storage area for equipment and materials; 12.2.8 Automobile sales and service; 12.2.9 Mobile home and trailer sales and service; 12.2.10 Lumber sales business; 12.2.11 Contractor' s plant or storage yard 12.3 All uses permitted as conditional uses under PMC 25.46.040 are prohibited. 13. As these uses pertain only to the C-3 zoning district, and as none of these uses are allowed in a residential district anyway, the proposed rezone ordinance would render the agreement moot upon rezoning to a residential use. Nonetheless, the proposed rezone ordinance would contain language nulli ft ing the concomitant agreement. 14. On April 17, 2023, Council approved Ordinance 4660,a Future Land Use Map amendment to the Pasco Comprehensive Plan, changing the designation of the land use from "Commercial" to "Mixed Residential and Commercial." The current rezone effort is part of that same commercial to-residential transition project, in anticipation of a 14-lot low-density residential subdivision. 15. The Mixed Residential and Commercial designation accommodates a diverse range of housing, non-residential uses, commercial uses, neighborhood retail and office uses, parks and recreation areas, and civic uses at a density of 5 to 29 dwelling units per acre. 16. This site is located within the Pasco Landfill Groundwater Protection Area(see City of Pasco Municipal Code Section 16.15.060). Any domestic water wells on the property must be decommissioned in accordance with WAC 173-160 and all future water use on the property (domestic and landscaping)must be sourced from the City of Pasco. 17. At 7.2 trip-ends per dwelling unit, based solely on highest permitted density (6 DU/Acre at 3.2 acres = 19 dwelling units), the subdivision has the potential to generate up to approximately 136.8 new daily trip ends. The peak volume hours will occur in the 6-8 am and 4-6 pm. Values are from the ITE Trip Generation Manual, 11th Ed(LUC 215). 18. REZONE CRITERIA: The initial review criteria for considering a rezone application are explained in PMC 25.88.030. 18.1 The date the existing zone became effective: 18.1.1 The site was rezoned from RT to C-3 In 2018 with a concomitant agreement and conditions as stated in No. 12 above. 18.2 The changed conditions,which are alleged to warrant other or additional zoning: 18.2.1 On April 17, 2023 Council approved Ordinance 4660, a Future Land Use Map amendment to the Pasco Comprehensive Plan, changing the designation of the land use from "Commercial"to "Mixed Residential and Commercial." The current rezone effort is part of that same commercial-to-residential transition project, in anticipation of a 14-lot low-density residential subdivision. 18.2.2 The Mixed Residential and Commercial designation accommodates a diverse range of housing, non-residential uses, commercial uses, neighborhood retail Z 2023 006 Helena Street Addition#2 Rezone Page 3 of 6 and office uses, parks and recreation areas, and civic uses at a density of 5 to 29 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 A rezone from General Business (C-3) to R-1 (Low-Density Residential) would allow medium-density residential development to occur at this site. The R-1 rezone would require a minimum lot area of 7,200 square feet and allow a density of up to four dwelling units per lot with a maximum lot coverage of 40 percent. 11.3.2 The rezone application and proposal are consistent with the Council- approved amendments to the Pasco Comprehensive Plan, which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. 11.3.3 Any development on the site would be required to conform to the standards of the Pasco Municipal Code and the standard specifications of the City Engineering Division. These standards for streets, sidewalks, and other infrastructure improvements were designed to ensure the public health, safety, and general welfare of the community. These standards include provisions for streets, drainage,water and sewer service and the provision for dedication of right-of-way. 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 accommodate "a diverse range of housing, non-residential uses, commercial uses, neighborhood retail and office uses, parks and recreation areas, and civic uses at a density of 5 to 29 dwelling units per acre." 11.4.2 Further, the adjacent properties 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 forth in the City's approved Comprehensive Plan. 11.5 The effect on the property owner or owners if the request is not granted: 11.5.1 If the property remains with the current C-3 zoning designation the site would likely continue to remain vacant for a while, as residential demand is currently outpacing retail commercial in the area. 11.6 The Comprehensive Plan land use designation for the property: 11.6.1 On April 17, 2023, Council approved Ordinance 4660, a Future Land Use Map amendment to the Pasco Comprehensive Plan, changing the designation of the land use from "Commercial"to "Mixed Residential and Commercial." The current rezone effort is part of that same commercial-to-residential transition project, in anticipation of a 14-lot low-density residential subdivision. Z 2023 006 Helena Street Addition#2 Rezone Page 4 of 6 11.6.2 The Mixed Residential and Commercial designation allows for R-1 through R-4, C-1, O, and MU zoning; development may accommodate a diverse range of housing, non-residential uses, commercial uses, neighborhood retail and office uses, parks and recreation areas, and civic uses at a density of 5 to 29 dwelling units per acre. 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 July 24,2023. 13. An open record public hearing after due legal notice was held August 9, 2023, with the Planning Department staff and public appearing in person and the Hearing Examiner appearing via videoconference. 14. Appearing and testif},ing at the hearing was John Scheline. Mr. Scheline testified that he was an agent authorized to appear on behalf of the Applicant/property owner. Mr. Scheline testified that he agreed with all representations in the staff report. 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 "Mixed Residential and Commercial District." The proposed R-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 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. 1.1.2 LU-2-B Policy: 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. 1.1.3 LU-5-A Policy: Allow a variety of residential densities throughout the UGA. Z 2023 006 Helena Street Addition#2 Rezone Page 5 of 6 1.1.4 H-1-A Policy: 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. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1 The site is adjacent existing single-family neighborhoods to the north, east, and west; higher-density residential uses could be developed to the south. 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 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. III. RECOMMENDED DECISION Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner RECOMMENDS APPROVAL,that all of Block 7,Washington Addition to Pasco,together with all vacated streets and alleys adjacent, per City of Pasco Ordinance 3996 (Parcel 113883022), in Pasco WA., be rezoned from C-3 (General Business District)to R-1 (Low-Density Residential). Dated this_day of August,2023. CITY OF PASCO HEARING EXAMINER An rew L. Kottkamp Z 2023 006 Helena Street Addition#2 Rezone Page 6 of 6