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HomeMy WebLinkAboutHE Recommendation Z 2023-005 Glacier Park C-1 to R-3 CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION Z 2023-005 ) Glacier Park Rezone ) 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 Legal: A portion of Lots 2 through 4 as depicted and described on Record of Survey for Plat Exemption recorded In Volume 4 of Surveys at Page 327,under Auditor's File Number 1964751,Records of Franklin County,Washington being more particularly described as follows: The North 467.08 feet of the South 471.08 feet of the Southwest Quarter of the Southwest Quarter Section 3, Township 9 North,Range 29 East,W.M.;Franklin County,Washington. Except that portion of described as follows: Beginning at the southeast corner of said Lot 4;thence South 88'10'15"West along the south line thereof a distance of 351.92 feet;thence leaving said south line,North 01°49'45"West a distance of 407.33 feet; thence North 89°31'00"East a distance of 371.09 feet to the east line of said Lot; thence South 00°54'37"West along the east line thereof a distance of 399.07 feet to the Point of Beginning and the end of this description. 1.2 General Location: North of and adjacent to the intersection of Bums Road and Ochoco Lane (Franklin County Assessor Parcel No's: 114330053 & 114330054), Pasco, Franklin County,WA. 1.3 Property Size: Approximately 10.2 acres. 1.4 Request Rezone Glacier Park from C-1 (Retail Business District)to R-3 (Medium- Density Residential) 1.5 Owner/Applicant: Big Sky Developers, LLC c/o Peter Harpster, 5426 N. Rd 68,Box D-113, Pasco WA 99301. 2. ACCESS: The parcel has access from Burns Road. 3. UTILITIES: Municipal water and sewer are available in Bums Road. 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: Z 2023 005 Glacier Park Rezone Page 1 of 8 NORTH: R-3 Vacant;farming EAST: R-1 Vacant SOUTH: R-1 SFDUs WEST: RS-40 Mobile Homes(COUNTY) 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. 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,a threshold determination resulting in a Determination of Non-Significance (DNS)was issued for this project on August 1, 2023, under WAC 197-11-158, Mitigation. 6.1 A professional archaeological survey of the project area following National Historic Preservation Act of 1966 (NHPA) Section 106 protocol shall be conducted,and a report be produced prior to ground disturbing activities. 7. REQUEST: Peter Harpster of Aqtera Engineering, on behalf of Big Sky Developers LLC has submitted a rezone application(Z 2023-005)from C-I (Retail Business District)to R-3 (Medium-Density Residential),for a 10.2-acre site located north of and adjacent to the intersection of Burns Road and Ochoco Lane,generally in and around Parcels 114330053 & 114330054), Pasco,Franklin County,WA. The site comprises approximately 10.2 acres and is vacant. The proposed amendment would change the west 80%of the site (10.2 acres)from C-1 (Retail Business District)to R-3 (Medium Density)zoning;the balance—approximately 2.6 acres—would remain C-1.Adjoining property to the north is also zoned R-3. The proposed amendment would provide a mix of duplex,townhome, and small detached single- family lots,while still retaining 2.6 acres of commercial to serve the commercial needs of the immediate neighborhood.Applicant anticipates submittal of a preliminary plat and subsequent development of the site immediately following approval of this rezone. 8. HISTORY: The site was annexed into the City in 2022 (Ordinance 4574-A) and assigned C- 1 (Retail Business District) (Ordinance 4584) in conjunction with the annexation, and in alignment with the City's 2018- 2038 Pasco Comprehensive Plan Land Use Map, which designated the site "Commercial;" On April 17, 2023 Council approved Ordinance 4652, 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,"and Ordinance 4663, amending the Future Land Use Map Descriptions and the Pasco Municipal Code Section 25.215.015 "Comprehensive Plan land use density table" related to the 2022 Comprehensive Plan docket and the Broadmoor Master Plan. 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. 9. REZONE CRITERIA: The initial review criteria for considering a rezone application are explained in PMC 25.88.030. 9.1 The date the existing zone became effective: Z 2023 005 Glacier Park Rezone Page 2 of 8 9.1.1 The site was designated C-1 (Retail Business District) zoning in conjunction with the 2022 annexation, and in alignment with the City's 2018-2038 Pasco Comprehensive Plan Land Use Map, which at the time designated the site "Commercial." 9.2 The changed conditions,which are alleged to warrant other or additional zoning; 9.2.1 On April 17, 2023 Council approved Ordinance 4652, 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 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. 9.2.2 Per Applicant, "Residential land for additional housing beyond recent population projections is critical in order for the City to keep pace with growth and to help stem the crises of affordable housing. According to the City's comprehensive plan, Pasco is expected to grow by 48,238 people by the year 2038. This level of population growth will require significant new housing stock. Conversion of 10.2 acres from commercial to medium density residential will help to meet this demand for new housing. Recently, construction of large new faciliiics and announcements of additional facilities (Amazon, Darigold, Reser's) will bring an estimated 2,500 jobs into the City. Large private investments such as these tend to bring in even more growth, adding to the demand for additional housing. 9.2.3 `With such expansion of industrial jobs, workforce housing becomes critical to the economic health of the community. Adding 10.2 acres of medium density zoning to the City's residential land base provides for a variety of housing types and densities to help meet some of the demand for new housing and in particular, workforce housing. The R-3 zone would provide for a mix of single-family dwellings, patio homes,townhouses, apartments and condominiums at a range of 6 to 20 dwelling units an acre or 61 — 204 units total. 9.2.4 "Additionally, the Pasco School District is planning to build a third high school on the property that is immediately east of and adjacent to the site. The proximity of a school to residential neighborhood is desirable in terms of reducing the number of vehicle trips needed to transport students from home to school and eliminating the need for busing students who live in close proximity to the school. The number of teachers and other district employees required to operate the school would also benefit from housing choices that the development of the project site represents. 9.2.5 "The site's proximity to an existing commercial center reduces the potential for commercial development on the site significantly. The distance from the site to the intersection of Road 68 and Wrigley Drive is 1.3 miles. A 3- minute drive to the City's largest regional shopping area with the variety of commercial services that exist there makes commercial development of the site unappealing. The 2.6 acres of the site that would remain available for neighborhood commercial services is sufficient to meet neighborhood needs. Z 2023 005 Glacier Park Rezone Page 3 of 8 9.2.6 "Finally, the City's plan calls for a significant area of commercial development at the Dent Road/Taylor Flats intersection, which will help to satisfy the City's needs for new commercial development in the area. It is only 1.7 miles from the project site.". 9.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 9.3.1 A rezone from Retail Business (C-1) to R-3 (Medium-Density Residential) would allow medium-density residential development to occur along a major arterial street. The rezone would allow for residential density between 5 to 29 dwelling units per acre. 9.3.2 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. 9.3.3 Per Applicant, "From a public health perspective, future residential development of the site would encourage walking to and from school. The Barbara McClintock Stem Elementary School and Mariposa Park are .7 miles from the entrance to the site, while the Rosalind Franklin Stem Elementary School is .8 miles from the site.Additionally,the site is immediately adjacent to the future high school site. A 2.6-acre tract would be retained on-site with commercial zoning, so future residents of the development would be able to walk a short distance to access neighborhood commercial services. Existing neighborhoods adjoining the site are developed with sidewalks, so safe walking routes are already in place. 9.3.4 "In terms of public safety, the site is located 1.25 miles from Pasco Fire Station 483, so calls for emergency services would fall well within the established desired response times. Safety of the future residential community will also be provided for through the implementation of the civil, building and fire codes imposed on new development which mandate adequate access, fire hydrants and similar fire and life safety requirements." 9.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 9.4.1 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 29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service and office uses." 9.4.2 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 forth in the City's approved Comprehensive Plan. Z 2023 005 Glacier Park Rezone Page 4 of 8 9.4.3 Per Applicant, "The site is adjacent to an existing single-family neighborhood to the south, across Burns Road, which provides an effective separation to the medium-density residential uses that could be developed on-site. Leaving a portion of the site for neighborhood commercial services would provide a benefit to this existing single-family neighborhood. Residential development adjacent to the future high school site would also be of benefit to the high school, as students within the future residential development would not need to be bussed to school, and additional housing stock would provide a convenient location for the future employees of the school." 9.4.4 The rezone application is consistent with and meets the intent of the goals and policies of the Comprehensive Plan. 9.5 The effect on the property owner or owners if the request is not granted: 9.5.1 If the property remains with the current C-1 zoning designation the site would likely continue to remain vacant for a while, as residential demand is currently outpacing retail commercial in the area. 9.5.2 Per Applicant, "The existing neighborhood commercial zoning would remain in place. While some commercial services are desirable in this area, 12 acres is too large, given the site's proximity to the regional commercial services that are conveniently located a little over a mile away. The resulting denial of the rezone would mean that the site would remain undeveloped or underdeveloped for years and could hinder the development of the existing R-3 zoned property north of and adjacent to the site." 9.6 The Comprehensive Plan land use designation for the property: 9.6.1 The City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot "Mixed Residential-Commercial." Both the current and the proposed zoning district are compatible with the Comprehensive Plan Land Use designation. 9.6.2 The "Mixed Residential-Commercial"designation allows for R-3 zoning and may be developed with Single-family dwellings, patio homes, townhouses, aparknents,and condominiums at a density of 5 to 29 dwelling units per acre. 9.6.3 Per Applicant, "The Comprehensive Plan designation has recently been amended for the site and is now Mixed Residential and Commercial. The proposed rezone would change the zoning on 10.2 acres to R-3 Medium Density Residential and retain the existing C-1 Neighborhood Commercial zoning on 2.6 acres. 9.7 Such other information as the Hearing Examiner requires. 9.7.1 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. 10. 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. Z 2023 005 Glacier Park Rezone Page 5 of 8 11. 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. 12. Appearing and testifying at the hearing was Peter Harpster. Mr. Harpster testified that he was an agent authorized to appear on behalf of the Applicant/property owner. Mr. Harpster testified that the Applicant agreed with all representations in the staff report. 13. No member of the public testified at the hearing. 14. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 15. 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-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 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. Comment: "A rezone of this property providing for both residential and commercial development would provide for a mix of future neighborhood commercial and medium density residential land uses on a site that is adjacent to Burns Road, a principal arterial in a location where existing utility services are available to serve future development. The proposed rezone is consistent with the intent of this policy." 1.1.2 LU-2-13 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. Comment: "As the demand for residential land use increases, additional residential land and higher residential densities provide greater flexibility for the City and landowners to meet the rising demand for new housing units. The proximity of other medium density residential land to the site makes this infill property particularly well suited for future residential use." 1.1.3 LU-4-B Policy: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. Comment: "The site's proximity to Burns Road, a planned principal arterial makes medium density residential development of the site consistent with this land use policy." Z 2023 005 Glacier Park Rezone Page 6 of 8 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. 1.1.5 LU4-D Policy: Designate areas for higher density residential developments where utilities and transportation facilities enable efficient use of capital resources. Comment: "Medium density residential development on the site would fulfill this comprehensive plan policy of placing higher density development in areas where transportation and utility infrastructure is present, as the site is adjacent to a principal arterial street and a 16" water main is located immediately adjacent to the site." 1.1.6 LU-5-A Policy:Allow a variety of residenlial densities throughout the UGA. Comment: "An R-3 medium density zone allows for a variety of housing types and densities, including single family homes, patio homes, duplexes, townhomes, apartments and condominiums. High density residential development of the site would help to implement this land use policy, while helping to satisfy the rising demand for housing that is currently felt both locally and regionally." 1.1.7 LU-5-B Policy:Encourage higher residential densities within and adjacent to major travel corridors, Downtown (Central Business District), and Broadmoor. Comment: "Burns Road, which is a planned principal arterial would qualify as a major travel corridor and its proximity to the site would help to implement this policy of placing higher density residential uses to adjacent to major travel corridors." 1.1.8 6-A Policy: Encourage commercial and higher-density residential uses along major corridors and leverage infrastructure availability. Comment: "The site's proximity to a planned principal arterial street in a location where water is readily available and capable of supporting additional development makes the proposed rezone consistent with this land use policy." 1.1.9 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. Comment: "The proposed medium density residential zoning would provide for the future development of residential uses including patio homes, townhouses, apartments, and condominiums and so would contribute to the full range of housing types that this policy encourages." 1.1.10 H-1-B Policy: Higher intensity housing should be located near arterials and neighborhood or community shopping facilities and employment areas. Comment: "Placing a Medium Density Residential zoning on the site would implement the policy of placing higher intensity housing near arterials. The site is conveniently located to the regional commercial services that are located along Road 68 as well as providing easy access to the freeway." 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1 The site is adjacent an existing single-family neighborhood to the south, across Burns Road, which provides an effective separation to the medium density residential uses that could be developed on-site. Leaving a portion of the site for neighborhood commercial services would provide a benefit to this existing single-family Z 2023 005 Glacier Park Rezone Page 7 of 8 neighborhood. Residential development adjacent to the fixture high school site would also be of benefit to the high school, as students within the future residential development would not need to be bussed to school and additional housing stock would provide a convenient location for the future employees of the school. 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 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 est2blished 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 a portion of Lots 2 through 4 as depicted and described on Record of Survey for Plat Exemption recorded In Volume 4 of Surveys at Page 327, under Auditor's File Number 1964751, Records of Franklin County, Washington, as depicted in Exhibit `B" herein attached, and located generally in and around Parcels 114330053 & 114330054, be rezoned from C-1 (Retail Business District)to R-3 (Medium-Density Residential). Dated thisday of August, 2023. CITY OF PASCO HEARING EXAMINER drew L. Kottkarnp Z 2023 005 Glacier Park Rezone Page 8 of 8