HomeMy WebLinkAboutHE Recommendation Z 2021-007 LFRE Fielding Midland CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND RECOMMENDATION
Cody Fielding/LFRE Development, LLC, Z 2021-007
August 2, 2021
1. FINDINGS OF FACT
1.1 Proposal. Rezone a vacant 6.47 acre parcel from C-1 (Retail Business) to R-4
(High Density Residential). The Applicant anticipates developing apartments with a townhouse
"look and feel."
• Location. East of Midland Lane, about 710 feet north of the Midland Lane/Sandifur
Parkway intersection.
• Applicant. Cody Fielding/LFRE Development LLC, 6119 Burden Boulevard, Ste C,
Pasco, WA 99301.
1.2 Land Use Designations and Rezone Request. The Comprehensive Plan
designates the site Medium Density Residential and Mixed Residential/Commercial. Both allow
for R-4 zoning and intend for a combination of mixed-use residential and commercial uses,
including single-family and multi-family housing. Contemplated dwelling units per acre are 6-20
for MDR and 5-29 for MR/C. Surrounding properties are zoned and developed as follows:
North: R-3, Mediterranean Villas Condos
East: C-1, Mini Storage Facility
South: C-1, Offices
West: C-1, Vacant Land
With the current C-1 zoning, multi-family housing is not allowed. The Applicant is
seeking a rezone to R-4, which permits the creation of lots at a minimum 1,500 square feet and
would allow for multi-family housing construction. The rezone request and its intended use are
consistent with the Comprehensive Plan.
1.3 Hearing. An open record public hearing was held on July 14, 2021. The hearing
was conducted remotely, but with in-person attendance allowed. Access information was
available to the public to allow citizens to join via either a video link or telephone call-in, if they
elected to not attend in person. Due to video feed connectivity disruption, there were delays in
hearing progression. To ensure any citizens who wished to comment had the opportunity to
provide input, the record was kept open for a week, through July 21. The Examiner stated that if
there were any concerns on comment, or a need to re-open the hearing, comments on same
should be submitted during this period. No additional written comments from the public were
received. At the hearing, the Department, through Mr. Adams, summarized the proposal. The
Applicant, through Mr. Fielding, spoke on the housing shortage and the opportunities the site
provides to help address this issue. No one from the public indicated a wish to testify.
City of Pasco Hearing Examiner Page 1 of 3
Recommendation,Rezone,Z 2021-007
1.4 Notice. Public notice was mailed to property owners within 300 feet and
published in the Tri-City Herald on June 25, 2021. No concerns on notice were received and
there were no requests to re-open the hearing. City notice requirements have been met.l
1.5 SEPA. The Community and Economic Development Department ("Department")
issued an unappealed Mitigated Determination of Non-Significance,2 identifying likely
mitigation on project application:
• An inadvertent discovery protocol must be established for the potential
discovery of cultural or historical artifacts before or during
improvements/construction.
• A traffic impact (TIA) analysis is likely considering the ITE Trip Calculation
performed. It is the responsibility of the developer to inform the City as to
whether they would like to self-perform the TIA or if they would like the City
to do it.
1.6 Evidence Reviewed. The Examiner admitted the Department's Staff Report,
which attached maps (overview, vicinity, use, zoning, and comprehensive plan), photographs of
the surrounding area, and the DNS. Except as revised, the Staff Report is incorporated into these
findings.
1.7 Public Comment. Two written comments opposing the rezone were submitted.
The comments objected based on the density increase, traffic impacts, noise, and safety.
1.8 Utilities. Midland Lane has existing municipal water and sewer utilities.
1.9 Access. Midland Lane.
1.10 Rezone Considerations. A rezone to R-4 implements the Comprehensive Plan,
and is in accord with its goals and policies, which encourage development of lands designated
for high-density residential uses where utilities are available, the location is suitable for multi-
family residences, and there is market demand. The rezone allows for the construction of multi-
family housing, which is needed in Pasco. There are traffic impacts which will be evaluated on a
project specific basis, as the MDNS outlines. With greater densities, economic opportunities
arise from use co-location, which can reduce vehicle trips. The rezone will enhance affordable
housing opportunities proximate to public facilities and commercial centers.
2. CONCLUSIONS
The Examiner issues a rezone recommendation based on whether:
(a) The proposal is in accord with the goals and policies of the Comprehensive
Plan;
i PMC 25.210.040; Staff Report,p.4.
2 Staff Report,p.2;MDNS(June 29,2021).
City of Pasco Hearing Examiner Page 2 of 3
Recommendation,Rezone,Z 2021-007
(b) The effect of the proposal on the immediate vicinity will be materially
detrimental;
(c) There is merit and value in the proposal for the community as a whole;
(d) Conditions should be imposed in order to mitigate any significant adverse
impacts from the proposal;
(e) A concomitant agreement should be entered into between the City and the
petitioner, and, if so, the terms and conditions of such an agreement.3
As the Findings detail, the rezone follows these criteria. The proposed zoning is
consistent with the Comprehensive Plan Land Use Map. Surrounding uses include a mix of
commercial and residential uses. The rezone allows residential densities in keeping with Plan
objectives to accommodate planned growth within the City. There is no material detriment. Due
to the City's existing regulatory structure and future project-level review, a concomitant
agreement is not needed. The requested rezone meets the City's rezone criteria.
RECOMMENDATION
The Hearing Examiner recommends approval of the rezone from C-1 to R-4.
RECOMMENDATION entered August 2 2021.
City of Pasco Hearing Examiner
Susan Elizabeth Drummond
3 PMC 25.210.060;PMC 2.50.080.
City of Pasco Hearing Examiner Page 3 of 3
Recommendation,Rezone,Z 2021-007