Loading...
HomeMy WebLinkAboutHE Recommendation ZD 2021-001 Cox Family Land CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ZONING DETERMINATION RECOMMENDATION Zoning Determination Recommendation Cox Family Land Annexation ZD 2021-001 August 2, 2021 1. FINDINGS OF FACT 1.1 Proposal. Request for zoning recommendation of I-1 Light Industrial for 115.74 acre annexation area. • Location. Near southwest corner of Foster Wells Road and Capitol Avenue. Seven parcels with tax numbers starting as 113130, and ending with 193, 184, 166, 157, 148, 175, and 4501 • Applicant. Cox Family Land LLC, 1802 Road 76, Pasco, WA 99301. 1.2 Land Use, Designations, and Rezone Request. The site is being farmed with two irrigation pivots and is within the City's urban growth area. The City is considering annexing it. The purpose of the annexation is to help expand industrial enterprises within the area. Application of the I-1 Light Industrial zone, which the Applicant requested, would allow for this and is consistent with the Comprehensive Plan's Industrial designation. This is a less intense zone than the County's current I-2 (General Industrial) zoning, but still allows for industrial development, and is compatible with surrounding uses and zoning, which include: • North: I-2 (County) Farming, Single-Family Homes • East: RR-5 &AP-20 (County), Farming, Single-Family Homes • South: I-1, Industrial, Produce Storage • West: I-2, Industrial, Food Processing 1.3 Annexation. The annexation is not before the Examiner. The Examiner's zoning determination recommendation will be forwarded to the City Council for the public hearing on the annexation. If annexed, the Council would adopt a separate ordinance zoning the property.2 1.4 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 an annexation area map. Except as revised, the Staff Report is incorporated. 1 The Staff Report contains the legal descriptions on pp. 1-2,with tax parcels listed on p. 3. z PMC 25.220.020. City of Pasco Hearing Examiner Page 1 of 3 Zoning Determination Recommendation,ZD 2021-001 1.5 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. There was some video feed connectivity disruption during the hearing. To ensure any citizens who wished to comment could 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 were received. At the hearing, the Department, through Mr. Adams, summarized the proposal.No one from the public indicated a wish to testify. 1.6 Notice. Notice was mailed to property owners within 300 feet and published in the Tri-City Herald.3 No concerns with notice were raised. Notice met code requirements.4 1.7 Written Public Comment.No written public comment was received. 1.8 Utilities. Utility planning and construction has taken place to support new industrial development. Water is available in both Foster Wells Road and Capitol Avenue. Sewer is installed in Capitol Avenue. 1.9 Access. Foster Wells Road and Capitol Avenue. 1.10 Rezone Considerations. A rezone to I-1 implements the Comprehensive Plan, and is in accord with its goals and policies, which encourage economic development and development of lands designated for industrial uses where infrastructure is available.5 The site is suited for light industrial development, and the zoning is compatible with surrounding uses and zoning. 2. CONCLUSIONS The Comprehensive Plan is central is considering zoning associated with an annexation proposal. "The establishment of zoning for annexation areas shall be guided by the land use designations and policies of the Comprehensive Plan."6 In standard zoning recommendations, the Comprehensive Plan is also central,but other criteria are also considered. (a) The proposal is in accord with the goals and policies of the Comprehensive Plan; (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; 3 Following the hearing,documentation of notice was forwarded to the Examiner. 4 Staff Report,p. 5;PMC 25.210.040 and 25.220.020. 5 See Comprehensive Plan,ED-2 Goal,ED-2-C Policy. 6 PMC 25.220.030. City of Pasco Hearing Examiner Page 2 of 3 Zoning Determination Recommendation,ZD 2021-001 (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.7 The initial zoning petition has additional requirements, which the Staff Report details, which focus on the rationale for the zone change, including changed conditions, consistency with the public, health safety and welfare, the effect on adjoining properties and on the property owner (if not granted), and the Comprehensive Plan designation.8 These considerations ensure there is adequate information before the Examiner. These details were provided. As the Findings detail, the rezone follows the criteria for a rezone associated with an annexation, and the standard rezone criteria. The proposed zoning is consistent with the Comprehensive Plan Land Use Map. The rezone allows uses in keeping with Plan objectives to accommodate planned industrial 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, including for transportation, noise and dust impacts, there is no need for a concomitant agreement. There will be impacts, but that is the function of moving into an urbanizing environment within an incorporated City, under the Growth Management Act, Ch. 36.70A RCW. Should annexation proceed, the Examiner's zoning recommendation determination is that the requested zoning is consistent with the City's rezone criteria and should be applied to the properties. RECOMMENDATION The Hearing Examiner's zoning determination recommendation is approval of the rezone to the City's I-1 Light Industrial zone. RECOMMENDATION entered August 2 2021. City of Pasco Hearing Examiner Susan Elizabeth Drummond PMC 25.210.060;PMC 2.50.080. 8 Staff Report,pp.4-5;PMC 25.210.030. City of Pasco Hearing Examiner Page 3 of 3 Zoning Determination Recommendation,ZD 2021-001