HomeMy WebLinkAboutHE Recommendation Z 2021-008 LFRE Fielding Rd 92 CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND RECOMMENDATION
Cody Fielding/LFRE Development, LLC, Z 2021-008
August 2, 2021
1. FINDINGS OF FACT
1.1 Proposal. Rezone a vacant 1.91 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 Road 92, about 505 feet north of Road 92/Sandifer Parkway
intersection. Parcel No. 115 392 068.
• 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 Mixed Residential/Commercial which allows for R-4 zoning and is intended
for a combination of mixed-use residential and commercial uses, including single-family and
multi-family housing at a density of 5-29 dwelling units per acre. Surrounding properties are
zoned and developed as follows:
North: R-3, lot-line homes
East: C-1, commercial
South: C-1, vacant
West: C-1, vacant/mini-storage
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 modest
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.
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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 were met.1
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, including apartment or affordable housing
construction, and traffic impacts.
1.7 Utilities. Road 92 has existing municipal water and sewer utilities.
1.8 Access. Road 92.
1.9 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 when or where utilities are available, the location is suitable for
multi-family residences, and there is market demand. The rezone allows for multi-family
housing, which is needed in Pasco. Traffic impacts which will be evaluated on a project specific
basis, as the MDNS outlines. Also, with greater densities, economic opportunities arise from use
co-location, which can improve walkability and reduce vehicle trips. The rezone will improve
affordable housing opportunities proximate to public facilities (parks, schools, transportation)
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. 1;MDNS(June 29,2021).
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(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 residential,
commercial, and vacant commercially zoned land. The rezone allows residential densities in
keeping with Plan objectives to accommodate planned growth within the City. There is no
material detriment to the area. 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.
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