HomeMy WebLinkAboutHE Recommendation Z 2023-014 Glacier Park #2 C-1 to R-3CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF )
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RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION Z 2023-014
Glacier Park #2
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
March 13, 2024, 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 Lot 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:
Beginning at the southeast comer 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: Northeast of the intersection of Bums Road and Ochoco Lane
(Franklin County Assessor Parcel 11 4330054), Pasco, Franklin County, WA
1.3 Property Size: Approximately 3.34 acres (145696.09 square feet).
1.4 Request: Rezone Glacier Park Rezone #2 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, Pasco, WA 99301.
2.ACCESS: The parcel has access from Bums Road and Road 64.
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:
NORTH: R-3 Vacant; farming
EAST: R-1 PSD High School #3 (Under Construction)
SOUTH: R-1 SFDUs
WEST: RS-40 Mobile Homes (County)
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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 at a density of 5 to 29 dwelling units per acre, as
well as nonresidential uses, commercial uses, neighborhood retail and office uses, parks and
recreation areas, and civic uses, and allows R-1 through R-4, C-1, 0, and MU zones.
6.ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the State Environmental Policy Act ("SEP A") 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 11 December 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.
6.2 Per Franklin County, the City of Pasco shall take ownership of the segment of futureConvention Drive north of Bums Road after development.
6.3 This is a non-project action. Subsequent developments will require new SEP A
Checklists and Determinations.
7.REQUEST: Applicant Dave Greeno, on behalf of Big Sky Developers LLC, submitted a
rezone application (Z 2023-014) from C-1 (Retail Business District) to R-3 (Medium-DensityResidential), for a 3.34-acre site located north of and adjacent to the intersection of Bums
Road and Ochoco Lane, generally in and around Parcel 114330054, Pasco, Franklin County,
WA. The current C-1 tract located within Parcel 114 330 054 comprises approximately 3.34
acres and is vacant. The proposed zoning change would provide for a mixed residentialdevelopment with a mixture of duplex, townhomes and small detached single-family lots.
Rezone 2023-014 Calculations
Description Acres Sq.Ft. Percent
Parcel 114 330 054 Area 6.19 269,595.00 100.00%
Current R-3 Area 2.84 123,896.00 45.96%
C-1 to R-3 Rezone Area 3.34 145,699.00 54.04%
8.HISTORY: The site was annexed into the City in 2022 (Ordinance 4574-A) and assigned C
l (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, whichdesignated 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." TheMixed Residential and Commercial designation accommodates a diverse range of housing at
a density of 5 to 29 dwelling units per acre, as well as nonresidential uses, commercial uses,
neighborhood retail and office uses, parks and recreation areas, and civic uses, and allows R-
1 through R-4, C-1, 0, and MU zones. On November 6, 2023 the City Council approved
Ordinance 4691, amending the zoning of approximately 10.20 acres of Parcel 114 330 052,
114 330 053, and 114 330 054 from C-1 to R-3 (Z 2023-005), leaving approximately 3.34
acres zoned C-1.
9.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:
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9.1 The date the existing zone became effective:
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."
9.2.2 On November 6, 2023, the City Council approved Ordinance 4691,
amending the zoning of approximately 10.20 acres of Parcels 114 330 052,
114 330 053, and 114 330 054 from C-1 to R-3 (Z 2023-005), leaving
approximately 3.34 acres zoned C-1.
9.2.3 Residential land to accommodate recent population projections is critical for
the City to keep pace with growth and to help STEM the affordable housing
crisis. 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 3 .34 acres from
commercial to medium density residential will help lay groundwork to meet
this demand. Recent construction of large new industrial facilities and
announcements of additional facilities (Amazon, Darigold, Reser's) could
bring an estimated 2,500 jobs to the City.
9.2.4 With such expansion of industrial jobs, workforce housing becomes critical
to the economic health of the community. Adding 3.34 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, including workforce housing. The R-3 zone in the Comprehensive
Plan Mixed Residential/Commercial Land Use designation area would allow
for a diverse range of housing at a density range of 5 to 29 dwelling units per
acre.
9.2.5 Additionally, the Pasco School District is currently constructing a new high
school immediately east of 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 close 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.
9.2.6 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.
9.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
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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 From a public health perspective, future residential development of the site
would encourage walking to and from school. The Barbara Mcclintock
science, technology, engineering, and math (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 a future high school currently under
construction. 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 #83, well within the established response time zone.
9.3.5 Safety of the future residential community will also be provided for through
the implementation of the civil, building and fire codes which mandate
adequate access, fire hydrants and similar fire and life safety requirements
for all new development..
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 designation accommodates a diverse
range of housing at a density of 5 to 29 dwelling units per acre, as well as
nonresidential uses, commercial uses, neighborhood retail and office uses,
parks and recreation areas, and civic uses, and allows R-1 through R-4, C-1,
0, and MU zones.
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.
9.4.3 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. Residential
development adjacent the future high school site would also benefit the high
school, as students within the future residential development would not need
to be bussed to school, and additional housing stock could provide a
convenient location for future high school employees.
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:
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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 While some commercial services are desirable in this area, Applicant has
concluded that 3.34 acres is too large, given the site's proximity to the
regional commercial services that are conveniently located approximately a
mile away.
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 Mixed Residential and Commercial designation accommodates a diverse
range of housing at a density of 5 to 29 dwelling units per acre, as well as
nonresidential uses, commercial uses, neighborhood retail and office uses,
parks and recreation areas, and civic uses, and allows R-1 through R-4, C-1,
0, and MU zones.
9.6.3 The proposed rezone application would implement or be consistent with the
following comp plan policies:
9.6.4 LU-2-A Policy: Maintain sufficient land designated to accommodate
residential, commercial, industrial, educational, public facility, and open
space uses proximate to appropriate transportation and utility infrastructure.
9.6.5 A rezone of this property providing for residential development would
provide for future neighborhood 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.
9.6.6 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.
9.6.7 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.
9.6.8 LU-4-B Policy: Encourage infill and higher density uses within proximity to
major travel corridors and public transportation service areas.
9.6.9 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.
9.6.10 LU-4-D Policy: Designate areas for higher density residential developments
where utilities and transportation facilities enable efficient use of capital
resources.
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9.6.11 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.
9.6.12 LU-5-A Policy: Allow a variety ofresidential densities throughout the UGA.
9.6.13 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.
9.6.14 LU-5-B Policy: Encourage higher residential densities within and adjacent to
major travel corridors, Downtown (Central Business District), and
Broadmoor.
9.6.15 Bums 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.
9.6.16 6-A Policy: Encourage commercial and higher-density residential uses along
major corridors and leverage infrastructure availability.
9.6.17 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.
9.6.18 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.
9.6.19 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.
9.6.20 H-1-B Policy: Higher intensity housing should be located near arterials and
neighborhood or community shopping facilities and employment areas.
9.6.21 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 ..
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 February 27, 2024.
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11.An open record public hearing after due legal notice was held March 13, 2024, with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
12.Appearing at the hearing was Rick Simon. Mr. Simon stated that he was an agent of the
Applicant/property owner and that he agreed with 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:
1.2 LU-2-A Policy: Maintain sufficient land designated to accommodate residential,
commercial, industrial, educational, public facility, and open-space uses proximate to
appropriate transportation and utility infrastructure.
1.3 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.
1.4 LU-4-B Policy: Encourage infill and higher density uses within proximity to major
travel corridors and public transportation service areas.
1.5 LU-4-D Policy: Designate areas for higher density residential developments where
utilities and transportation facilities enable efficient use of capital resources.
1.6 LU-5-A Policy: Allow a variety of residential densities throughout the UGA.
1. 7 LU-5-B Policy: Encourage higher residential densities within and adjacent to major
travel corridors, Downtown (Central Business District), and Broadmoor.
1.8 6-A Policy: Encourage commercial and higher-density residential uses along major
corridors and leverage infrastructure availability.
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.
1.10 H-1-B Policy: Higher intensity housing should be located near arterials and
neighborhood or community shopping facilities and employment areas ..
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. Residential development adjacent the future high
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school site would also benefit the high school, as students within the future
residential development would not need to be bussed to school and additional
housing stock could provide a convenient location for future high school employees.
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 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.
ID. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL that that a Portion of Lot 4 as described in the attached Exhibits
"A" and "B," be rezoned from C-1 (Retail Business District) to R-3 (Medium-Density Residential).
Dated this /> day of March, 2024.
CITY OF PASCO HEARING EXAMINER
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