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HomeMy WebLinkAboutZD 2024-002 Hearing Examiner Recommendation 2024.10.18CITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF ZD 2024-002 ) FACT, RECOMMENDED CONCLUSIONS OF LAW, AND Shumway 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, Recommended Decision and Recommended Conditions of Approval as follows: I. RECOMMENDED FINDINGS OF FACT 1. A portion of Franklin County Assessor's Tax Parcel 124320057, as described below: I.I. That portion of the Southwest %4 of Section 33, Township 10 North, Range 29 East, Willamette Meridian, lying easterly of Road 68 and westerly of Taylor Flats Rd, and lying southerly of the following described line: Commencing at the southwest corner of said Section 33; thence North 0°13'43" West 1119.25 feet along the west section line of said section; thence leaving said section line North 89°46' 17" East 495.16 feet to the east right of way of Columbia River Road and the point of beginning; thence leaving said right of way South 81°33'59" East 214.20 feet; thence South 80036120" East 117.46 feet; thence South 84°43'49" East 278.48 feet; thence North 89°48'40" East 87.18 feet; thence North 81119'37" East 130.42 feet; thence North 74106'32" East 346.72 feet; thence North 56°25'39" East 83.56 feet; thence North 46°06'51" East 326.00 feet to the westerly right of way margin of Taylor Flats Road and the terminus of said described line. 1.2. Subject to public road right of way dedicated under Auditor's File Number 554813, Records of Franklin County, Washington. 1.3. General Location: Located north of Dent/Clark Roads between Columbia River Road, and Taylor Flats Road, in Pasco, Franklin County WA. 2. Property Size: Parcel Taxpayer Name Square Feet Acres 124320057 Shumway Family Properties LLC 650,786.4 1494 Total 650,786.4 14.94 3. ACCESS: The site is accessed from Columbia River Road and Taylor Flats Road. 4. UTILITIES: No City of Pasco utilities are available nearby; The closest available City of Pasco water and sewer lines are approximately a mile to the south in Road 68 near Burns Road. 5. LAND USE AND ZONING: Surrounding properties are zoned and developed as follows: 5.1. NORTH: 5.2. EAST: AP-20 (County) 1-2 (County) Agriculture Agricultural Processing ZD2024-002 Shumway Annexation Page 1 of 6 5.3. SOUTH: C-3 & RT Agriculture 5.4. WEST: RT Vacant; Agriculture 6. 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). 7. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project prior to platting and development. A Determination ofNon-Significance or a Mitigated Determination of Non -Significance is likely (WAC 197-11-355). S. The City Council is scheduled to consider an ordinance to annex approximately 14.94 acres of land generally located north of Dent/Clark Roads between Columbia River Road, and Taylor Flats Road on November 16, 2024. 9. The Hearing Examiner is to hold a zoning determination hearing to recommend an appropriate zoning district for the annexation area. 10. 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. 11. The purpose of the annexation is to expand commercial opportunities within the City of Pasco's Urban Growth Area (UGA). 12. To maintain consistency with current zoning, land uses, utility planning, and the Comprehensive Plan, appropriate zoning should be applied to the proposed annexation area. 13. The initial review criteria for considering a rezone application are explained in PMC 25.210.030. The criteria are listed below as follows: 13.1. The date the existing zone became effective; 13.1.1. The site is currently zoned AP-20 (County); it is unknown when this zoning designation became effective. 13.2. The changed conditions which are alleged to warrant other or additional zoning; 13.2.1. A petition to be annexed was considered by the City of Pasco on August 5, 2024 (Resolution 4477). 13.2.2. Surrounding properties to the south and west were annexed (ANX 2022-002) into the City of Pasco on May 23, 2022 (Ordinance 4591) 13.2.3. Surrounding properties to the east and southeast are zoned I-2 (County Medium Industrial) and C-3 (General Commercial), respectively. 13.2.4. The recently updated and approved Comprehensive Plan Land Use Map designates the site for Commercial development. 13.3. Facts to justify the change on the basis of advancing the public health, safety and general welfare; ZD2024-002 Shumway Annexation Page 2 of 6 13.3.1. 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 fie 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 full frontage improvements, including curb, gutter, sidewalk, which will improve pedestrian safety; as well, water hookups will provide clean potable water to the site; sewer hookups will provide 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. occur. 13.4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan; 13.4.1. Staff is recommending C-3 (General Commercial) zoning for the area; assigning C-3 zoning to the property would align with the Comprehensive Plan Land Use designation for the area. 13.4.2. The proposal will support the following Comprehensive Plan Goals and Policies: 13.4.2.1. LU-1-C Policy: Encourage conservation design with cluster commercial development and discourage strip commercial development. 13.4.2.2. By applying C-1 zoning to the site there will be the opportunity for a "cluster" of commercial development surrounding the Dent, Clark, Columbia River, and Taylor Flats Roads intersection. 13.4.2.3. 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. 13.4.2.4. Commercial uses should be located on or near arterial streets; Road 68 approaching the intersection of Dent, Clark, Columbia River, and Taylor Flats Roads is a principal arterial street. 13.4.2.5. LU-6-A Policy: Encourage commercial and higher -density residential uses along major corridors and leverage infrastructure availability. 13.4.2.6. Road 68 approaching the intersection of Dent, Clark, Columbia River, and Taylor Flats Roads is a principal arterial street. 13.5. The effect on the property owner or owners if the request is not granted; 13.5.1. 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. 13.6. The Comprehensive Plan land use designation for the property; 13.6.1. The Comprehensive Plan Land Use Designation for the property is Commercial. ZD2024-002 Shumway Annexation Page 3 of 6 Classification Purpose and Description Zoning,* Neighborhood, community and regional O; BP; C-l; C-2; C-3; CR Commercial shopping and specialty centers, business parks, service and office uses 13.7. Such other information as the Hearing Examiner requires. 13.7.1. The site is within the City's Urban Growth Boundary. Contiguous properties to the south and west were annexed in 2022 (Ordinance 4591) and assigned C-1 and RT zoning (Ordinance 4637) in 2023. 14. Public notice of this hearing was posted in the Tri-City Herald on Wednesday September 18, 2024, and sent to property owners within 300 feet of the property on September 16, 2024. 15. The City Council is scheduled to consider an annexation ordinance for approximately 14.94 acres of land generally located north of Dent/Clark Roads between Columbia River Road, and Taylor Flats Road, in Pasco, Franklin County WA on November 16, 2024. 16. The site is currently zoned AP-20 (County); it is unknown when this zoning designation became effective. 17. A petition to be annexed was considered by the City of Pasco on August 5, 2024 (Resolution 4477). 18. Contiguous properties to the south and west were annexed in 2022 (Ordinance 4591). 19. Contiguous properties to the south and west were assigned C-1 and RT zoning in 2023 (Ordinance 4637). 20. Surrounding properties to the east and southeast are zoned I-2 (County Medium Industrial) and C-3 (General Commercial), respectively. 21. The recently updated and approved Comprehensive Plan Land Use Map designates the site for Commercial development. 22. The property needs to be zoned for the advancement of the general welfare of the community so that development may occur. 23. Staff is recommending C-3 (General Commercial) zoning for the area; 24. Rezoning the property to C-3 would align with the Comprehensive Plan Land Use designation for the area. 25. Without the annexation area being assigned a specific zoning district, the area will be un-zoned. 26. The area needs to be zoned to provide certainty and benefit to the property owners, developers, and adjoining property owners. 27. The site is within the City's Urban Growth Boundary. 28. The proposal is in accord with the goals and policies of the Comprehensive Plan. 28.1. Staff has recommended C-3 (General Commercial) zoning for the area; rezoning the property to C-3 will align with the Commercial Comprehensive Plan Land Use designations for the area. 29. The proposal will support the following Comprehensive Plan Goals and Policies: ZD2024-002 Shumway Annexation Page 4 of 6 30. LU-1-C Policy: Encourage conservation design with cluster commercial development and discourage strip commercial development. 30.1. By applying C-1 zoning to the site there will be the opportunity for a "cluster" of commercial development surrounding the Dent, Clark, Columbia River, and Taylor Flats Roads intersection. 30.2. 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. 30.3. Commercial uses should be located on or near arterial streets; Road 68 approaching the intersection of Dent, Clark, Columbia River, and Taylor Flats Roads is a principal arterial street. 30.4. LU-6-A Policy: Encourage commercial and higher -density residential uses along major corridors and leverage infrastructure availability. 30.5. Road 68 approaching the intersection of Dent, Clark, Columbia River, and Taylor Flats Roads is a principal arterial street. 31. The effect of the proposal on the immediate vicinity will not be materially detrimental. 31.1. Zoning the proposed annexation area C-3 (General Commercial) zoning will cause the site to be consistent with the Comprehensive Plan and compatible with surrounding commercial and industrial zoning to the east and southeast. 32. There is merit and value in the proposal for the community as a whole. 32.1. 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-3 zoning may lead to additional shopping and employment opportunities for Pasco residents. 33. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 33.1. The proposal is consistent with the Comprehensive Plan and no mitigation measures are proposed. When specific development is proposed, applicants will be required to perform mitigation measures commensurate with any identified specific impacts. Applicant shall be required to install improvements and infrastructure per City of Pasco requirements. 34. A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. 34.1. A concomitant agreement is not needed. 35. An open record public hearing was held, after legal notice, on October 9, 2024. 36. Appearing and testifying on behalf of the Applicant was Peter Harpster. Mr. Harpster testified that he was an agent authorized to appear and speak on behalf of the property owner and Applicant. Mr. Harpster stated that they agreed with the representations set forth within the staff report. 37. No member of the public testified at the hearing. 38. The entire planning Staff file was admitted into the record at the hearing. 39. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this decision. ZD2024-002 Shumway Annexation Page 5 of 6 40. 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-3 be adopted by the City of Pasco. Dated this _$day of October, 2024 CITY OF ASCO HEARING EXAMINER Andrew L. Kottkamp ZD2024-002 Shumway Annexation Page 6 of 6