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HomeMy WebLinkAboutZD 2024-001 HE Recommendation 2024.10.21CITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT, RECOMMENDED ZD 2024-001 ) CONCLUSIONS OF LAW, AND Valdivia Annexation ) 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: L RECOMMENDED FINDINGS OF FACT 1. Parcel 2 according to the Survey recorded under Auditor's file Number 1840267, records of Franklin County Washington, comprising approximately .16 acres (Parcel 119051197) in Pasco, WA 99301. 2. Comprising approximately .16 acres, more or less. 3. General Location: Located at the northwest corner of Road 44 and West Argent Road in Pasco WA. 4. Property Size: Parcel Taxpayer Name I Square Feet Acres 119051197 Macario & Emelda VALDIVIA 6,970.00 0.16 Total 6,970.00 0.16 5. ACCESS: The site is accessed from Road 44 and West Argent Road. 6. UTILITIES: A 20" ductile iron water main runs along West Argent Road and continues just north of the property through West Argent Place and also north along Road 44; an 18" sewer service line is available in West Argent Road. 7. LAND USE AND ZONING: Surrounding properties are zoned and developed as follows: 7.1. NORTH: C-1 (Retail Business) Mini -mart 7.2. EAST: RT, RS-20(County) Cross-country Park; SFDUs 7.3. SOUTH: RS-20 (County) Interstate I-182 7.4. WEST: RS-20 (County); C-1 Interstate 1-182; Vacant 8. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial uses. Per Pasco Municipal Code (PMC) 25.215.015 Comprehensive Plan land use density table, the Commercial designation may accommodate neighborhood, community and regional shopping and specialty centers, business parks, service and office uses, and may be zoned O (Office), BP (Business Park), C-1 (Retail Business), C-2 (Central Business), C-3 (General Commercial), or CR (Regional Commercial). 9. ENVIRONMENTAL DETEI environmental determination development. A Determinatic is likely (WAC 197-11-355). INATION: The City of Pasco is the lead agency for this project. An ill be made after the public hearing for this project prior to platting and of Non- Significance or a Mitigated Determination of Non -Significance ZD 2024-001 Valdivia Annexation Page 1 of 5 10. The City Council is scheduled to consider an ordinance to annex approximately .16 acres of land generally located northwest of the Road 44/Argent Road intersection on November 16, 2024. 11. The Hearing Examiner is to hold a zoning determination hearing to recommend an appropriate zoning district for the annexation area. 12. In determining the most appropriate zoning for the annexation area, the Hearing Examiner needs to consider the existing land uses, nearby development, zoning, policies of the Comprehensive Plan and the Land Use Designations of the Land Use Map. The Hearing Examiner also needs to be guided by the criteria in PMC 25.210.060 (as discussed below) in developing a zoning recommendation. 13. The purpose of the annexation is to expand commercial opportunities within the City of Pasco's Urban Growth Area (UGA). 14. To maintain consistency with current zoning, land uses, utility planning and the Comprehensive Plan, appropriate zoning should be applied to the proposed annexation area. 15. The initial review criteria for considering a rezone application are explained in PMC 25.210.030. The criteria are listed below as follows: 15.1. The date the existing zone became effective; 15.1.1. The site is currently zoned RS-20 (County); it is unknown when this zoning designation became effective. 15.2. The changed conditions which are alleged to warrant other or additional zoning; 15.2.1. A petition to be annexed was considered by the City of Pasco on August 5, 2024 (Resolution 4476). 15.2.2. Properties to the north have been developed with mini -storage units and a mini -mart. 15.3. Facts to justify the change on the basis of advancing the public health, safety and general welfare; 15.3.1. The Pasco City Council will consider an Ordinance to annex the property on November 16, 2024; while annexation will avail the property of increased per -capita police and fire services, which will promote public safety to the site, the property needs to be zoned for the advancement of the general welfare of the community so that development may occur. Zoning the property will eventually lead to development, which in turn will require water hookups for the provision of clean potable water to the site and sewer hookups for the provision of sanitary waste disposal; as well, new development may require the installation of one or more fire hydrants, promoting increased fire safety in the area. All of these improvements will advance the general welfare of the community. 15.4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan; 15.4.1. Staff is recommending C-1 (Retail Business) zoning for the area; rezoning the property to C-1 would align with the Comprehensive Plan Land Use designation for the area and would match the zoning for the commercially developed properties to the north. 15.5. The effect on the property owner or owners if the request is not granted; 15.5.1. Without the annexation area being assigned a specific zoning district, the area will be un- zoned. The area needs to be zoned to provide certainty and benefit to the property owners, developers, and adjoining property owners. ZD 2024-001 Valdivia Annexation Page 2 of 5 15.6. The Comprehensive Plan land use designation for the property; 15.6.1. The Comprehensive Plan Land Use Designation for the property is Commercial. Classification Purpose and Description Zoning x Neighborhood, community and regional O; BP; C-1; C-2; C-3; CR Commercial shopping and specialty centers, business parks, service and office uses 15.7. Such other information as the Hearing Examiner requires. 15.7.1. The site is within the City's Urban Growth Boundary. Contiguous properties to the north were annexed in 1977 and assigned R-1 and RT zoning (Ordinance 1898). Properties directly to the north were rezoned to C-1 in 1981 (Ordinance 2259) and have recently been developed with commercial uses. 16. 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. 17. Public notice of this hearing was posted in the Tri-City Herald on Wednesday September 18, 2024, posted on -site, and sent to property owners within 300 feet of the property on September 16, 2024. 18. The City Council is scheduled to consider an annexation ordinance for approximately .16 acres of land generally located northwest of the Road 44/Argent Road intersection November 16, 2024. 19. The site is currently zoned RS-20 (County); it is unknown when this zoning designation became effective. 20. A petition to be annexed was considered by the City of Pasco on August 5, 2024 (Resolution 4476). 21. Properties to the north have been developed with mini -storage units and a mini -mart. 22. The Pasco City Council will consider an Ordinance to annex the property on November 16, 2024. 23. The property needs to be zoned for the advancement of the general welfare of the community so that development may occur. 24. The Comprehensive Plan Land Use Designation for the property is Commercial. 25. Staff is recommending C-1 (Retail Business) zoning for the area. 26. Rezoning the property to C-1 will align with the Comprehensive Plan Land Use designation for the area. 27. Without the annexation area being assigned a specific zoning district, the area will be un-zoned. 28. The area needs to be zoned to provide certainty and benefit to the property owners, developers, and adjoining property owners. 29. The site is within the City's Urban Growth Boundary. 30. Contiguous properties to the north were annexed in 1977 and assigned R-1 and RT zoning (Ordinance 1898). 31. Properties directly to the north were rezoned to C-1 in 1981 (Ordinance 2259) 32. 15. Properties directly to the north have recently been developed with commercial uses. ZD 2024-001 Valdivia Annexation Page 3 of 5 33. Before recommending approval or denial of a rezone the Hearing Examiner must develop its conclusions from the findings of fact based upon the criteria listed in PMC 25.210.060 and determine whether or not: 33.1. The proposal is in accord with the goals and policies of the Comprehensive Plan. 33.1.1. Staff has recommended C-1 (Retail Business) zoning for the area; rezoning the property to C-1 will align with the Commercial Comprehensive Plan Land Use designation for the area. 33.1.2. The proposal will support the following Comprehensive Plan Goals and Policies: 33.1.2.1. LU-1-C Policy: Encourage conservation design with cluster commercial development and discourage strip commercial development. 33.1.2.2. By applying C-1 zoning to the site there will be a "cluster of commercial development at the Road 44 and West Argent Street intersection. 33.1.2.3. 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. 33.1.2.4. Commercial uses should be located on or near arterial streets; West Argent Road is a minor arterial street. 33.1.2.5. LU-6-A Policy: Encourage commercial and higher -density residential uses along major corridors and leverage infrastructure availability. 33.1.2.6. West Argent Road is a minor arterial street. 33.1.3. The effect of the proposal on the immediate vicinity will not be materially detrimental. 33.1.3.1. Zoning the proposed annexation area C-1 (Retail Business) zoning will cause the site to be consistent with the Comprehensive Plan and compatible with development taking place to the north. 33.1.4. There is merit and value in the proposal for the community as a whole. 33.1.4.1. There is merit and value in following the guidance of the Comprehensive Plan when assigning zoning to properties within the community. The Plan has indicated this property should be zoned Commercial (See Comprehensive Plan Map). Assigning C-1 zoning may lead to additional shopping and employment opportunities for Pasco residents. 33.1.5. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 33.1.5.1. The proposal is consistent with the Comprehensive Plan and no mitigation measures are proposed at this time. When specific development is proposed, applicants will be required to perform mitigation measures commensurate with specific impacts. Applicant shall be required to install improvements and infrastructure per City of Pasco requirements. 33.1.6. A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. 33.1.6.1. A concomitant agreement is not needed. 34. An open record public hearing was held, after legal notice, on October 9, 2024. ZD 2024-001 Valdivia Annexation Page 4 of 5 35. The Applicant's representative did appear at the hearing but chose not to testify. 36. No member of the public testified at the hearing. 37. The entire planning Staff file was admitted into the record at the hearing. 38. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this decision. 39. 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 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 recommends that upon annexation of the property set forth within this recommendation, that a zoning designation of C-1 be adopted by the City of Pasco. Dated this 2 f day of October, 2024 CITY OF P SCO HEARING EXAMINER Andrew L. Kottkamp ZD 2024-001 Valdivia Annexation Page 5 of 5