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HomeMy WebLinkAboutZ2024-008 Hearing Examiner Recommendation 2024.12.27CITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT, RECOMMENDED Z 2024-008 ) CONCLUSIONS OF LAW, AND Broadmoor Rezone ) RECOMMENDED DECISION THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on December 11, 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. Parcel Number: 115-210-219 2. Abbreviated Legal: NEW LOT 34 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1989509. 3. General Location: Located in the East Half of the Southeast Quarter of Section 7, Township 9 North, Range 29 East of the Willamette Meridian. West of Road 108 right-of-way; North of Highway 182. 4. Property Size: 13 acres. 5. ACCESS: The property fronts on the right-of-way for Road 108 to the east and on an un-named Public Road easement to the west. No public roads to this property have yet been constructed. 6. UTILITIES: Municipal sewer is available from the west in an un-named Public Road easement. Municipal water would have to be brought north from the vicinity of the Harris Road and Road 108 intersection. 7. LAND USE AND ZONING: The subject property is zoned R-T Residential Transition and are undeveloped. Surrounding properties are zoned and developed as follows: 7.1. North: R-T Residential Transition; undeveloped 7.2. East: C-1 Retail Business; undeveloped 7.3. South: R-T Residential Transition; undeveloped 7.4. West: R-T Residential Transition; surface mining operation 8. COMPREHENSIVE PLAN: The subject property is located in the Broadmoor Overlay District. The City of Pasco Comprehensive Plan cites the Broadmoor Area Master Plan as a tool/document to implement the Elements of the Comprehensive Plan. 9. BROADMOOR MASTER PLAN: The Broadmoor Land Use designation for the subject property is Mixed Residential and Commercial, a land use intended to create a sense of community by increasing Z 2024-008 Broadmoor Rezone Page 1 of 5 the interaction among different types of uses, such as residential, commercial, and office, and promoting pedestrian friendly environments within neighborhoods. The Broadmoor Overlay District regulates development in accordance with the policy and objectives of the Broadmoor Master Plan via PMC Chapter 25.97. Per PMC 25.97.040 Mixed Residential and Commercial (also called Mixed -Use in the Broadmoor Master Plan), C-1, R-3, and R-4 zoning are the only zoning districts permitted in the Mixed Residential and Commercial Land Use designation. 10. ENVIRONMENTAL DETERAIINATION: The City of Pasco is the lead agency for this project. Based on the State Environmental Policy Act (SEPA) checklist, SEPA2024-061, Comprehensive Plan, applicable regulations, and other information, a threshold determination resulting in a Determination of Non -Significance (DNS) for this project was issued on November 26, 2024, under WAC 197-11- 158. 11. Matt Watkins of the Pasco Public Facilities District submitted a SEPA checklist, SEPA2024-061, and Rezone Application, Z2024-008, to rezone approximately 13 acres of land from R-T Residential Transition to MU Mixed -Use as the R-T zoning district. The rezone request was initiated because R-T is not incompliance with the Comprehensive Plan Land Use Designation of Mixed Residential and Commercial, while MU zoning is in compliance; R-T is a zoning district that is most appropriate to undeveloped property, and the proposed Broadmoor Aquatic Facility exceeds the 35-foot high limitation for R-T zoned non -mixed use buildings in the Broadmoor Land Use designation of Mixed Residential and Commercial. 12. The initial review criteria for considering a rezone application are explained in PMC. 25.210.030. The criteria are listed below as follows: 12.1. The date the existing zone became effective: 12.1.1. The subject property was annexed into the City via Ordinance 2388 in 1982, which also adopted the R-T zoning designation assigned via Resolution 1396. 12.2. The changed conditions, which are alleged to warrant other or additional zoning: 12.2.1. The R-T district is intended to be applied or assigned to areas that are essentially undeveloped, however, ultimately intended for suburban or urban residential use. Now that the City of Pasco is developing into the Broadmoor area it is the appropriate time to rezone the land. R-T is not a zoning district that is permitted in the subject property's underlying Broadmoor Land Use designation of Mixed Residential and Commercial, while MU is. 12.3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: 12.3.1. The Mixed Residential and Commercial Land Use designation allows Mixed residential and commercial (also called Mixed -Use in the Broadmoor Master Plan), C-1, R-3, and R-4 zoning; development with a higher density of dwelling units per acre than the existing .2 d/ac density allowed in the R-T zoning district will help reduce urban sprawl and increase housing availability should this property choose to develop with dwellings in the future. If a building is not mixed use on land with a Broadmoor Land Use designation of Mixed Residential and Commercial the height of buildings is regulated by the underlying zone of the property. R-T has a height limit of 35 feet. In the MU zones commercial, office, education and government uses have a height limit of 85 feet. Taller buildings allow for more visual appeal, and for a higher floor -area -ratio which also can potentially reduce sprawl and vehicle miles traveled. Z 2024-008 Broadmoor Rezone Page 2 of 5 12.3.2. 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. 12.4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 12.4.1. The surrounding properties are currently undeveloped or used in surface mining. The rezone will not have any effect on the value or character of adjacent properties. It is expected that the surrounding properties zoned R-T will rezone their properties when they choose to develop. 12.5. The effect on the property owner or owners if the request is not granted: 12.5.1. If the rezone is not granted, non -mixed use buildings proposed on the property will have to obtain a special permit to exceed the 35-foot height limit in the R-T zone per PMC 25.25.050. 12.6. The Comprehensive Plan land use designation for the property: 12.6.1. The Mixed Residential and Commercial Land Use designation permits Mixed residential and commercial (also called Mixed -Use in the Broadmoor Master Plan), C-1, R-3, and R-4 zoning; the existing R-T zoning is not in compliance with the Comprehensive Plan or Broadmoor Master Plan. 12.7. Such other information as the Hearing Examiner requires: 12.7.1. The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals. 13. The Application for Rezone, Z2024-008, was submitted on October 24, 2024 14. The SEPA Environmental Checklist, SEPA2024-061, was submitted on October 30, 2024. 15. Application Determined to be Complete on November 6, 2024. 16. Applicant proposes to rezone Parcel 115-210-219 from R-T Residential Transition to MU Mixed -Use The subject property was assigned R-T Residential Transition zoning in 1982 via Ordinance 2388, which adopted the zoning designation assigned via Resolution 1396. 17. The subject property is 13 acres in size and are undeveloped. 18. The Broadmoor Master Plan Broadmoor Land Use designation for the subject property is Mixed Residential and Commercial. 19. A Notice of Application with Optional SEPA Determination of Non -Significance was issued on November 10, 2024. The NOA/ODNS was posted on the City of Pasco website, the SEPA Register website, and on Parcel 115210215 which fronts on Harris Road, the closest public road to the subject property. The NOA/ODNS was also mailed to property owners of property within 3 00 feet of the subject property. 20. Public Comment was received from Basin Disposal and BPA. 21. A SEPA DNS was issued for SEPA2024-037 on November 26, 2024. Z 2024-008 Broadmoor Rezone Page 3 of 5 22. Public Notice of this hearing was sent to property owners within 300 feet of the property and to parties of record on November 25, 2024,and published in the Tri-City Herald newspaper on November 27, 2024. 23. 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: 23.1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. 23.1.1. The Broadmoor Master Plan designates the subject property's land use as Mixed Residential and Commercial. A change in zoning would be consistent with the Broadmoor Master Plan as R-T zoning is not a designation allowed in Mixed Residential and Commercial Land Uses. 23.1.1.1. Land Use Policy LU-4-F: Support mixed use, smart growth, infill, and compact developments with transit and pedestrian amenities that promote a healthy community. 23.1.1.2. The current zoning limits principal buildings to 35 feet in height. In the MU zones commercial, office, education and government uses have a height limit of 85 feet. Taller buildings allow for more visual appeal, and for a higher floor -area -ratio which also can potentially reduce sprawl and vehicle miles traveled. 23.2. The effect of the proposal on the immediate vicinity will not be materially detrimental. 23.2.1. This application for rezone will not be materially detrimental to the immediate vicinity as properties in the immediate vicinity are undeveloped and uses allowed if the property is rezoned or retains current zoning are not governed by the underlying zoning so to a significant degree, but by the Broadmoor Land Use designation, which will remain unchanged. 23.3. There is merit and value in the proposal for the community as a whole. 23.3.1. The proposed zoning designation is consistent with the Comprehensive Plan Land, Broadmoor Master Plan and the Goals and Policies as adopted by the Pasco City Council. The Broadmoor Master Plan is the document that is intended to guide future development in the Broadmoor Area, following the plan should increase the value and functionality of the Broadmoor Overly District area. 23.4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 23.4.1. The rezone application and any future site development 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. 23.5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. 23.5.1. No Concomitant Agreement is considered necessary for this application 24. An open record public hearing was held, after legal notice, on December 11, 2024. Z 2024-008 Broadmoor Rezone Page 4 of 5 25. -Appearing and testifying on behalf of the Applicant was Matt Watkins. Mr. Watkins is the executive director of the Pasco Public Facilities District. Mr. Watkins indicated that the applicant agreed with all of the representations set forth within the staff report. 26. No member of the public testified at this hearing. 27. The entire planning staff file was admitted into the record. 28. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this decision. 29. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. H. RECOM ENDEDCONCLUSIONS 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. M. DECISION Based on the above Findings of Fact and Conclusions of Law, Z 2024-008 is hereby recommended for APPROVAL. Dated this ; T day of December, 2024 CITY OF PASCO HEARING EXAMINER Andrew L. Kottkamp Z 2024-008 Broadmoor Rezone Page 5 of 5