HomeMy WebLinkAboutHE Recommendation Z 2023-015 Valey View R-3 w Agreement to R-3Exhibit A
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME D OF
PLATS, PAGES 397 AND 398, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF SAID LOT 39, SAID CORNER BEING LOCATED
ON THE SOUTH RIG HT-OF-WAY MARGIN OF AINTREE DRIVE AND THE
TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT-OF
WAY MARGIN AND ALONG A CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 15'55'00" HAVING A RADIUS OF 45.00 FEET, AN ARC
LENGTH OF 12.50 FEET, A CHORD BEARING SOUTH 81 °36'27" EAST AND A
CHORD DISTANCE OF 12.46 FEET; THENCE CONTINUING ALONG SAID
SOUTH RIGHT-OF-WAY MARGIN SOUTH 73°38'56" EAST 42.74 FEET;
THENCE LEAVING SAID SOUTH RIGHT-OF-WAY MARGIN SOUTH
12 °57'58" WEST 53.11 FEET TO A POINT ON THE WEST LINE OF SAID LOT
39; THENCE ALONG SAID WEST LINE NORTH 32°16'02" WEST 77.58 FEET
TO THE TRUE POINT OF BEGINNING. ALSO TOGETHER WITH THAT
PORTION OF LOT 1, SHORT PLAT NO. 2016-10. ACCORDING TO THE
SURVEY THEREOF RECORDED UNDER AUDITOR'S FILE NO. 1846777,
RECORDS OF FRANKLIN COUNTY. WASHINGTON, DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT l;
THENCE SOUTH 89°33'57" EAST ALONG THE SOUTH LINE THEREOF 137.00
FEET TO THE EAST LINE THEREOF; THENCE NORTH 00°26'40" EAST
ALONG THE EAST LINE THEREOF 50.12 FEET; THENCE SOUTH 12°57'58"
WEST 30.61 FEET; THENCE SOUTH 52°50'40" WEST 20.00 FEET; THENCE
NORTH 86°29'36"WEST 69.41 FEET; THENCE NORTH 72°42'49" WEST 47.23
FEET TO THE WEST LINE OF SAID LOT 1; THENCE SOUTH 00°26'40" WEST
ALONG THE WEST LINE THEREOF 25.45 FEET TO THE TRUE POINT OF
BEGINNING.
1.2 General Location: The south side of Aintree drive between Aintree Lane and
Ladbroke Lane.
1.3 Property Size: Approximate 4.64 Acres.
1.4 Request Parcel 117-430-143 from R-3 with Concomitant Agreement (Medium
Density Residential) to R-3 (Medium-Density Residential)
1.5 Owner/ Applicant: Brandon Bernard; Consult Me Group, 2909 S Quillan Street, Suite
146, Kennewick, WA 99337.
2.ACCESS: The property has access from Aintree Drive.
3.UTILITIES: Municipal water and sewer are available in Aintree Drive and Road 68.
4.LAND USE AND ZONING: The property is zoned R-3 (Medium Density Residential) with
a Concomitant Agreement and is undeveloped. The concomitant agreement stipulates
requirements for how the property is allowed to be developed. Surrounding properties are
zoned and developed as follows:
North:
East:
South:
West:
R-1
R-1
C-1/R-4
R-3
Low Density Residential/Single Family Dwelling Units
Low Density Residential/Single Family Dwelling Units
Retail Commercial; High Density Residential/FCID Canal,
Fire Station, Dental Office, and Apartments.
Medium Density Residential/Undeveloped
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5.COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan designates this site as
"Medium Density Residential." The Medium Density Residential designation accommodates
a variety of residential housing at a density of 6 to 20 units per acre, and may be assigned R-
2, R-3, R-4, and RP zoning. 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 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.
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
Determination of Non-Significance (DNS) for this project was issued on 22 January 2024,
under WAC 197-11-158.
7.REQUEST: Applicant Brandon Bernard wishes to rezone Parcel# 117-430-143 in Pasco,
WA 99301 from R-3 with Concomitant Agreement (Medium Density Residential) to R-3
(Medium-Density Residential). The site comprises approximately 4.64 acres. The underlying
Land Use Code is "Medium Density Residential," which specifies 6 to 20 dwelling units
(DU) per acre. The proposed rezone does not include a project action. It is anticipated that
should the rezone be approved a subsequent development project may be submitted for
review. This review would include requirements for the impacts it has on the level of service
for parks, transportation, etc. Any subsequent subdivision proposals would additionally be
required to adhere to Pasco Municipal Code, including provisions such as connectivity and
residential design standards. To be clear, the property is already zoned R-3. The practical
effect of this request is simply to remove the concomitant agreement.
8.IDSTORY: The site was annexed into the City via Ordinance 2388 in 1981 and subsequently
assigned the RT (Residential Transition) zoning designation. The site was subsequently
rezoned from RT (Residential Transition) to R-1 (Low Density Residential) in 2013 via
Ordinance 4113. The site was rezoned once again in 2015 from R-1 (Low Density
Residential) to R-3 (Medium Density Residential) with a Concomitant Agreement via
Ordinance 4278. Ordinance 4278 contains the Concomitant Agreement and the associated
conditions that the site is currently required to develop to, these are:
8.1 Only townhouse style attached single-family homes with customary accessory
structures are permitted to be built; For the purposes of this agreement "townhouse
style" means a building containing only four or fewer dwelling units;
8.2 Maximum building heights for the first tier of homes along the northerly and easterly
boundary of the property shall be limited to the R-1 height standards of PMC
25.28.050 (5). No special permits shall be authorized for increases in building height
over the allowable 25 feet;
8.3 Building designs must incorporate architectural features to create visual interest. All
building fronts must be articulated and painted with complementary colors to create a
separated and distinctive look for each attached dwelling unit;
8.4 Each building elevation must contain at least two distinctive architectural features;
8.5 Vinyl and metal siding is prohibited. Siding of all buildings must include, singularly
or collectively, cement fiber board siding, stucco, brick, architectural stone and
architectural masonry block;
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8.6 All soffits shall be boxed;
8.7 A 15-foot landscaped buffer shall be installed along the easterly and northeasterly
property line. Said buffer shall contain a mixture of deciduous and coniferous trees
spaced no more than 60 feet apart. The trees may be farther apart if they are planted
in groupings of three trees per group. The site including all trees and landscaped
areas must be regularly maintain in a workmanship like manner;
8.8 In addition to the trees require in G. above the overall site must contain at least two
trees for every dwelling unit. The site including all trees and landscaped areas must
be regularly maintain in a workmanship like manner;
8.9 Convents, Conditions and Restrictions must be recorded against the property
specifying among other things a Home Owners Association is responsible for all site
and landscape maintenance, and;
8.10 Exterior night lighting must be shielded to provide light spillage.
8.11 A boundary line adjustment between the site and a neighboring property, 6618
Aintree Drive (Parcel # 117-430-189) in 2020 that reoriented the shared boundary
line the extends to the Aintree Drive Right-of-Way.
9.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:
9 .1 The date the existing zone became effective:
9.1.1 The site was assigned R-3 with Concomitant Agreement zoning in 2015 via
Ordinance 4278.
9.2 The changed conditions, which are alleged to warrant other or additional zoning:
9.2.1 Between 2015 and 2024 the City of Pasco's Comprehensive Plan was
updated to include the following goals and policies.
9.2.2 LU-4-B Policy: Encourage infill and higher density uses within proximity to
major travel corridors and public transportation service areas. Road 68 is a
major travel corridor served by public transit via a Ben Franklin Transit bus
route.
9.2.3 H-1-B Policy: Higher intensity housing should be located near arterials and
neighborhood or community shopping facilities and employment areas.
Locating this zoning near Road 68, an arterial road, adjacent to residential
development aligns with this Comprehensive Plan policy.
9.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
9.3.1 The Medium Density Residential designation allows for R-2. R-3, R-4, and
RP zoning development with Medium-Density Residential without a
Concomitant Agreement will allow more flexibility and could increase
density which will help reduce urban sprawl and increase home ownership.
9.3.2 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 mmunum density expressed in the
Comprehensive Plan land use density table, and no greater than the
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corresponding maximum density expressed in the Comprehensive Plan land
use density table, except as provided in Chapter 25 .161 PMC
9.3.3 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 .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 Land
Use Map Medium Density Residential designation for the site.
9.4.2 The proposed rezone would maintain the R-3 Medium Density Residential
Zoning Designation and remove a Concomitant Agreement that restricts how
the site is developed. 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 SEP A process.
9.5 The effect on the property owner or owners if the request is not granted:
9.5.1 Per Applicant, the conditions of the concomitant agreement have contributed
to making development economically infeasible. Allowing development in
accordance with the zoning code opens up options for development that are
not possible otherwise.
9.6 The Comprehensive Plan land use designation for the property:
9.6.1 The City of Pasco Comprehensive Plan designates this site as "Medium
Density Residential." The Medium Density Residential designation
accommodates a diverse range of residential housing at a density of 6 to 20
dwelling units per acre, and may be assigned R-2, R-3, R-4, and RP zoning.
9.6.2 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 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.
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.
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 January 31, 2024.
11.An open record public hearing after due legal notice was held February 14, 2024, with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
12.The Applicant did not appear at the hearing. The Applicant was given notice of the date,
place, and time of the hearing.
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13.Testifying from the public were the following individuals:
13.1 Kalin Karlberg. Ms. Karlberg testified that she was one of the members of the public
who fought the rezone in 2015 and that the concomitant agreement was integral in
the original rezone being approved. She stated that there has been no change of
circumstances that would warrant removal of this concomitant agreement and the
agreement should be kept in place.
13.2 Maria Prieto. Ms. Prieto testified that she has lived on her property for 9 ½ years and
that there would be view impacts without height restrictions on this property.
14.The Hearing Examiner has serious concerns regarding the removal of this Concomitant
Agreement. While overall the Hearing Examiner is recommending approval of the removal of
this Concomitant Agreement, the Hearing Examiner believes that City Council should take a
very close look at this request. The only history that the Hearing Examiner received regarding
the Concomitant Agreement being part of the original rezone was that public testimony
submitted by Ms. Karlberg, that this Concomitant Agreement was an integral part of the
original rezone. The Hearing Examiner understands that there is no project associated with
this rezone request. However, it is understood that the property will be developed pursuant to
R-3 zoning standards. The Hearing Examiner seriously weighed making a recommendation
that the City Council deny this rezone request that would remove the Concomitant
Agreement.
15.The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
16.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 "Medium
Density Residential." The removal of the Concomitant Agreement could further the
goals and policies of the Comprehensive Plan such as:
1.1.1 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.
1.1.2 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.
1.1.3 LU-5-A Policy: Allow a variety of residential densities throughout the UGA.
2.The effect of the proposal on the immediate vicinity will not be materially detrimental.
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. Removal of
the Concomitant Agreement will allow the property to develop to the adopted R-3
(Medium Density Residential) zoning code and residential design standards. Any
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items that would significantly impact the natural or built environment will be
mitigated through the State Environmental Policy Act (SEPA) process when the
property is developed.
2.2 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.
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. The
proposal includes infill development and promotes the goals of the Medium Density
Residential Land Use Map Designation.
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 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 The proposal is to remove an existing Concomitant Agreement, the adopted
Residential Design Standards and State Environmental Policy Act are sufficient in
accounting for the design and impacts of the development to the City, natural, and
built environment. As such, a new Concomitant Agreement is not considered
necessary for the proposed rezone.
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 Parcel 117-430-143 in Pasco WA, be rezoned from R-3
(Medium Density Residential) with Concomitant Agreement to R-3 (Medium Density Residential),
without the prior approved and agreed upon Concomitant Agreement.
Dated this ..Jf)day of February, 2024.
CITY OF SCO HEARING EXAMINER
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