HomeMy WebLinkAboutZ 2023-008 Gisi Rezone HE Recommendation 2024.10.18CITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
Z 2023-008 ) CONCLUSIONS OF LAW, AND
Gisi Rezone ) RECOMMENDED DECISION
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on October 9,
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 DESCRIPTION:
1.1. Legal: BINDING SITE PLAN 2019-03 LOT 3; (Parcel 116-140-050).
1.2. General Location: Said property is located along the East side of Road 76 between Sandifur
Parkway and Wrigley Drive in Pasco WA.
1.3. Property Size: Approximately 2.52 acres (approximately 109,800 square feet)
2. ACCESS: The parcel has access from Road 76.
3. UTILITIES: Municipal water and sewer are available in Road 76.
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:
4.1. North: C-1 Retail Business/City of Pasco Water Towers
4.2. East: C-1 Retail Business/Commercial Uses
4.3. South: C-1 Retail Business/Mid Columbia Library
4.4. West: R-1 Low Density Residential/Single Family Dwellings
5. Comprehensive Plan: The City of Pasco Comprehensive Plan designates this site as "Mixed Residential
& Commercial." The Mixed Residential & Commercial designation accommodates a diverse range of
housing, nonresidential 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, and may be assigned R-
1, R-2, R-3, 4-4, C-1 and O zoning. Per PMC 25.215.015 maximum gross density of any proposed
development within any zoning district, detailed as dwelling units per acre, shall be no less than the
corresponding minimum density shown in the Comprehensive Plan land use density table, and no
greater than the corresponding maximum density expressed in the Comprehensive Plan land use density
table.
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 Mitigated Determination of
Non -Significance (MDNS) for this project was issued on September 16, 2024, under WAC 197-11-355.
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7. Applicant Dennis Gisi wishes to rezone Lot 3 of Binding Site Plan 2019-03, located at Parcel
116140050 in Pasco, WA 99301 from C-1 (Retail Business) to R-4 (High -Density Residential). The site
comprises approximately 2.52 acres (approximately 109,800 square feet).
8. The underlying Land Use Code has recently been amended to "Mixed Residential & Commercial,"
which specifies 5 to 29 dwelling units (DU) per acre.
9. The site was platted in 2019, as part of Binding Site Plan 2019-03. The site was assigned RT zoning in
1981 via Ordinance 2388 and subsequently rezoned from RT (Residential Transition) to C-1 in 2003
via Ordinance 3615. The site has never been developed and is currently vacant.
10. Rezone Criteria: The initial review criteria for considering a rezone application are explained in PMC
25.210.030. The criteria are listed below as follows:
10.1. The date the existing zone became effective:
10.1.1. The site was assigned RT zoning in 1981 via Ordinance 2388 and subsequently rezoned to
C-1 in 2003 via Ordinance 3615.
10.2. The changed conditions, which are alleged to warrant other or additional zoning:
10.2.1. Per the applicant, due to economic conditions, the best use of the property is residential,
not commercial.
10.3. Facts to justify the change on the basis of advancing the public health, safety and general
welfare:
10.3.1. The Mixed Residential & Commercial designation allows for R-1, R-2, R-3, R-4; C-1 and
O zoning; development with High -Density Residential will add and increase density which
will help reduce urban sprawl and increase home ownership.
10.3.2. 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.
10.4. The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
10.4.1. A change in zoning would be consistent with the comprehensive plan Land Use Map Mixed
Residential & Commercial designation for the site. The site has been subject to at least two
Code Enforcement cases related to maintenance, development of the site would improve the
value and character of the adjacent properties.
10.5. The effect on the property owner or owners if the request is not granted:
10.5.1. Per Applicant, If the property remains with the current C-1 zoning designation the property
would be sold as the applicant does not construct or operate commercial properties.
10.6. The Comprehensive Plan land use designation for the property:
10.6.1. The City of Pasco Comprehensive Plan designates this site as "Mixed Residential &
Commercial." The Mixed Residential and Commercial designation accommodates a diverse
range of housing, nonresidential 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, and
may be assigned R-1, R-2, R-3, R-4; C-1 and O zoning.
10.6.2. Per PMC 25.215.015 maximum gross density of any proposed development within any
zoning district, expressed as dwelling units per acre, shall be no less than the corresponding
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minimum density expressed in the Comprehensive Plan land use density table, and no greater
than the corresponding maximum density expressed in the Comprehensive Plan land use
density table, except as provided in Chapter 25.161 PMC.
10.7. Such other information as the Hearing Examiner requires:
10.7.1. The rezone application is consistent with and meets the intent of the Comprehensive Plan,
and City Council Goals.
11. Findings of fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The Hearing Examiner may add additional findings
to this listing as the result of factual testimony and evidence submitted during the open record hearing.
11.1. Public notice of this hearing was sent to property owners within 300 feet of the property,
posted in the Tri-City Herald, and posted on -site on September 25, 2024.
11.2. Applicant wishes to rezone Parcel 116-140-050 from C-1 (Retail Business) to R-4 (High -
Density Residential).
11.3. The site comprises approximately 2.52 acres (approximately 109,800 square feet).
11.4. The underlying Land Use code specifies 5 to 29 dwelling units (DU) per acre.
11.5. The site was platted most recently in 2019, as part of Binding Site Plan 2019-03.
11.6. The site was assigned C-1 zoning in 2003 via Ordinances 3615.
11.7. The City's 2018-2038 Comprehensive Plan Land Use Map designates the site as "Mixed
Residential & Commercial".
11.8. The "Mixed Residential and Commercial" designation may be developed with a
combination of single-family dwellings, patio homes, townhouses, and condominiums.
12. Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of
fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria
are as follows:
12.1. The proposal is in accordance with the goals and policies of the Comprehensive Plan
12.1.1. The Land Use Element of the Comprehensive Plan designates the lot "Mixed Residential
and Commercial." A change in zoning would be consistent with the comprehensive plan Land
Use Map designation for the site and could further the goals and policies of the
Comprehensive Plan such as:
12.1.1.1. 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. The current zoning only
allows for a specific type of development, C-1 uses on a main floor with residential
units above and must be approved through a special permit. A rezone to R-3 would
allow for a variety of housing types including all those listed in this policy.
12.1.1.2. Housing Policy H-1-B: Higher intensity housing should be located near arterials
and neighborhood or community shopping facilities and employment areas. The
proposed rezone could make it easier to develop the land to the required density of the
Comprehensive Plan and the property is approximately 0.1 miles from Sandifur
Parkway to the north and 0.1 miles from Road 68 to the east. Significant portions of
land to the south, north and east are zoned and designated for strictly commercial uses,
the proposal could allow for higher density development adjacent to these uses.
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12.1.1.3. Land Use Policy LU-4-13: Encourage infill and higher density uses within
proximity to major travel corridors and public transportation service areas. The proposal
is located in close proximity to both Sandifur Parkway and Road 68 which are classified
as arterial roads. The proposed rezone may provide avenues for development at a higher
density than under the current zoning designation.
12.2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
12.2.1. This application for rezone is consistent with the Comprehensive Plan Land Use Element
and meets the intent of the Goals and Policies for the property. A development action affecting
the site would be subject to the State Environmental Policy Act (SEPA) and impacts to the
natural and built environment, including neighboring properties, would be considered and
mitigated through the SEPA process.
12.3. There is merit and value in the proposal for the community as a whole.
12.3.1. 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. The proposal includes infill
development and promotes the goals of the Mixed Residential & Commercial Land Use Map
Designation.
12.4. Conditions should be imposed in order to mitigate any significant adverse impacts from
the proposal.
12.4.1.1. 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).
12.5. A Concomitant Agreement should be entered into between the City and the petitioner, and
if so, the terms and conditions of such an agreement.
12.5.1. No Concomitant Agreement is considered necessary for this application.
13. An open record public hearing was held, after legal notice, on October 9, 2024.
14. The applicant did not appear at the hearing. The applicant was given notice of the date, place, and time
of the hearing.
15. No member of the public testified at the hearing.
16. The following exhibits were admitted into the record:
16.1.
Ex. 1
Rezone Application —Applicant Submittal
16.2.
Ex. 2
Site Plans —Applicant Submittal
16.3.
Ex. 3
Overview Map — City of Pasco
16.4.
Ex. 4
Vicinity Map — City of Pasco
16.5.
Ex. 5
Zoning Map — City of Pasco
16.6.
Ex. 6
Comprehensive Plan Map — City of Pasco
16.7.
Ex. 7
Site Photos — City of Pasco
16.8.
Ex. 8
SEPA Determination — City of Pasco
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16.9. Ex. 9 Affidavit of Mailing — City of Pasco
16.10. Ex. 10 Affidavit of Posting — City of Pasco
16.11. Ex. 11 Staff Report
17. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
18. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this
reference.
H. RECOMMENDED CONCLUSIONS OF LAW
1. The Hearing Examiner has been granted the authority to render this decision.
2. As conditioned, this project is consistent with the Pasco Comprehensive Plan and Pasco Municipal
Code.
3. 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 Recommended Conclusions of Law, the Hearing
Examiner hereby recommends to the Pasco City Council to rezone the subject property from C 1 to R4.
Dated this day of October, 2024
CITY O PASCO HEARING EXAMINER
Andrew L. Kottkamp
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