Loading...
HomeMy WebLinkAboutHE Recommendation Z 2021-010 Bedford Street Duplexes CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND DECISION Z 2021-010 ) Aqtera Engineering/Caleb Stromstad ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on August 11, 2021, the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact, Conclusions of Law, and Decision and Conditions of Approval as follows: I. RECOMMENDED FINDINGS OF FACT 1. PROPERTY/APPLICATION DESCRIPTION: 1.1 Legal: Lots 4 through 7 of Binding Site Plan 2002-005; (Parcel #115430179), in the NW 1/4 of Section 8,Township 9 North,Range 29 East, W.M., Pasco,Franklin County, Washington. 1.2 General Location: Generally located between Bedford Street and Midland Lane, approximately 522 feet north of Sandifur Pkwy in Pasco, WA. 1.3 Property Size: 6.86 acres(298,822 square feet). 1.4 Applicant: Aqtera Engineering/Caleb Stromstad,2705 St Andrews Loop, Ste C, Pasco, WA 99301. 1.5 Request: Rezone Bedford Street duplex C-1 to R-4(or R-3, R-2). 2. ACCESS: The parcel has access from Bedford Street and Midland Lane. 3. UTILITIES: Existing water and sewer utilities in both Bedford Street and Midland Lane. 4. LAND USE AND ZONING: The site is undeveloped and zoned C-1 (Retail Commercial). Surrounding properties are zoned and developed as follows: NORTH: R-3 Mediterranean Villas Condos EAST: C-1 Vacant SOUTH: C-1 Offices; vacant WEST: C-1 Offices; vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan has recently been updated and approved by City Council;the lot has been designated "Medium-Density Residential"by the Comprehensive Plan Land Use Map; the"Medium-Density Residential" designation allows for R-2 through R-4 and RP zoning, and single-family dwellings, patio homes, townhouses, apartments,and condominiums are all appropriate for this area. Residential density may range from 6 to 20 dwelling units per acre. Z 2021-010 Aqtera Engineering Page 1 of 6 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)was issued on 23 July 2021 for this project under WAC 197-11-158. 7. REQUEST: Caleb Stromstad/Agtera Engineering, on behalf of Dave Greeno/Big Sky Developers LLC, has submitted an application to rezone Parcel#115430179,located between Bedford Street and Midland Lane, and approximately 522 feet north of Sandifur Pkwy in Pasco, WA., from C-1 (Retail Business District)to R-4 (High-density Residential).Applicant has also allowed for an R-3 or R-2 rezone. Applicant anticipates multi-family development on the site; Applicant has furnished a draft site plan depicting 84 residential duplex units on the 6.9 acre site. 8. SITE: The site has frontage access on Bedford Street and Midland Lane which both connect to Sandifur Parkway to the south, Midland extending to Mediterranean Villas and Broadmoor Estates to the north. 8.1 6.86 acres (298,822 square feet). 8.2 The Comprehensive Plan designates the lot"Medium-Density Residential." 8.3 The "Medium-Density Residential" designation allows for R-4 zoning and may be developed with townhouses and apartments. 8.4 Residential density may range from 6 to 20 dwelling units per acre in the "Medium- Density Residential"designated area. 8.5 The rezone request and its intended use are consistent with both Comprehensive Plan Land Use Map designations 9. HISTORY: The site was annexed into the City in 1982 (Ordinance 2388) and assigned C-1- D (Designated Shopping Center) zoning. In 1994 the lot was rezoned R-T (Residential Transition; Ordinance 3002). The lot was rezoned to C-1 in 2000 (Ordinance 3415). The Mediterranean Villas condominiums expanded in 2004 with the development of Phase 3 located to the north of the site. Two medical/professional office buildings, one in 2001 and another in 2004, were constructed to the west. Kadlec clinic was built in 2007 to the south along Sandifur Parkway. The Solgen office was completed this year adjacent to the south. The City has recently approved a major update to its Comprehensive Plan. The revised Land Use Element of the approved Plan designated the lot"Medium-Density Residential." 10. 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: 10.1 The date the existing zone became effective: 10.1.1 The lot was rezoned to C-1 in 2000. 10.2 The changed conditions, which are alleged to warrant other or additional zoning: 10.2.1 Development has occurred to the north, south, and west. Further development is contemplated for the area east of the site. 10.2.2 City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot "Medium-Density Residential." Z 2021-010 Aqtera Engineering Page 2 of 6 10.2.3 The "Medium-Density Residential" designation allows for R-4 zoning and may be developed with townhouses and apartments. 10.2.4 Residential density may range from 6 to 20 dwelling units per acre in the "Medium-Density Residential"designated area,. 10.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 10.3.1 The rezone application and proposal are consistent with 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. The rezone would allow for residential density between 6 to 20 dwelling units per acre. 10.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 10.4.1 A change in zoning classification may ultimately result in the development of single-family dwellings, patio homes, townhouses, apartments, and/or condominiums, all of which are appropriate for this area, in alignment with the Land Use Element of the Comprehensive Plan. 10.4.2 The rezone application is consistent with and meets the intent of the newly revised and approved goals and policies of the Comprehensive Plan. 10.5 The effect on the property owner or owners if the request is not granted: 10.5.1 If the property remains with the current C-1 zoning designation the site would likely continue to remain vacant for a while, as the property does not front on an arterial street, and residential demand is currently outpacing commercial in the area by a fair margin. 10.6 The Comprehensive Plan land use designation for the property: 10.6.1 The City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot "Medium- Density Residential." 10.6.2 The "Medium-Density Residential" designation allows for R-4 zoning and may be developed with townhouses and apartments. 10.7 Such other information as the Hearing Examiner requires 10.7.1 The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals on housing. The opportunity for additional higher-density residential uses in this area supports the Land Use Element of the Comprehensive Plan. 11. Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri-City Herald on 23 July 2021. 12. Applicant wishes to rezone Parcel 9115430179, from C-1 (Retail Business District) to R-4 (High-density Residential). 13. The site is located approximately 522 feet north of Sandifer Pkwy between Bedford Street and Midland Lane. Z 2021-010 Aqtera Engineering Page 3 of 6 14. Applicant has also allowed for an R-3 or R-2 rezone. 15. Applicant has furnished a draft site plan depicting 84 residential duplex units on the site. 16. The site has frontage access on Bedford Street and Midland Lane 17. Both Bedford Street and Midland Lane connect to Sandifur Parkway to the south. 18. Midland extends to Mediterranean Villas and Broadmoor Estates to the north. 19. The site contains 6.86 acres(298,822 square feet). 20. The Comprehensive Plan designates the lot"Medium-Density Residential." 21. The"Medium-Density Residential"designation allows for R-4 zoning 22. The "Medium-Density Residential" designation may be developed with townhouses and apartments. 23. Residential density may range from 6 to 20 dwelling units per acre in the "Medium-Density Residential"designated area. 24. The rezone request is consistent with both Comprehensive Plan Land Use Map designations. 25. The intended use is consistent with both Comprehensive Plan Land Use Map designations. 26. The site was annexed into the City and assigned C-I-D zoning in 1982. 27. The lot was rezoned R-T In 1994. 28. The lot was rezoned to C-1 in 2000. 29. Mediterranean Villas Phase 3 to the north was developed in 2004. 30. two medical/professional office buildings were constructed to the west in 2001 and 2004 31. The Kadlec clinic was built in 2007 to the south along Sandifer Parkway; 32. The Solgen office adjacent to the south was completed this year. 35. The City has recently approved a major update to its Comprehensive Plan 36. An open record public hearing after due legal notice was held August 11, 2021 via Zoom videoconference. 37. Appearing and testifying on behalf of the applicant was Caleb Stromsted. Mr. Stromsted testified that he was an agent authorized to speak on behalf of the property owner and applicant. Mr. Stromsted indicated that the applicant agreed with all the representations within the staff report. 38. No member of the public testified at the hearing. 39. At the conclusion of the hearing, the Hearing Examiner kept the record open until 5:00 p.m. August 13, 2021 for the submission of additional written comments. No additional comments were timely submitted. However, an email was received from Mr. Stromsted on Monday, August 16, 2021. This email was received after the record closed. To the extent this email constitutes a request to reopen the record, that request is denied. The August 16, 2021 email from Stromsted is not part of this record. 40. The staff report, application materials, agency comments and the entire file of record were admitted into the record. Z 2021-010 Aqtera Engineering Page 4 of 6 41. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. II.RECOMAHNDED CONCLUSIONS OF LAW 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: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan as follows: 1.1 City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot"Medium-Density Residential." 1.2 The"Medium-Density Residential"designation allows for R-4 zoning and may be developed with townhouses and apartments. 1.3 Residential density may range from 6 to 20 dwelling units per acre in the"Medium- Density Residential"designated area. 1.4 The proposal also aligns with the following Comprehensive Plan Goals and Policies: 1.4.1 Land Use Policy LU-4-A:Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. 1.4.2 Land Use Policy LU-4-B: Encourage the development of walkable communities by increasing mixed-use(commercial/residential)developments that provide households with neighborhood and commercial shopping opportunities. 1.4.3 Housing Goal H-1: Encourage housing for all economic segments of the city's population consistent with the local and regional market. 1.4.4 Housing Policy H-1-A: Allow for a full range of housing including single family homes, townhouses,condominiums, apartments, manufactured housing, accessory dwelling units, zero-lot-line, planned unit developments, etc. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental because: 2.1 The Comprehensive Plan has recently been updated for the area and the Land Use Element of the Plan now designates the lot"Medium-Density Residential." 2.2 The "Medium-Density Residential" designation allows for R-4 zoning and may be developed with townhouses and apartments. 2.3 The application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property.The proposal will not be materially detrimental to the immediate vicinity. 3. There is merit and value in the proposal for the community as a whole because: 3.1 The proposed rezone application is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council (Ordinance 4537) Z 2021-010 Aqtera Engineering Page 5 of 6 3.2 The Comprehensive Plan has recently been updated for the area and now designates the lot"Medium-Density Residential." 3.3 The "Medium-Density Residential" designation allows for R-4 zoning and may be developed with townhouses and apartments. 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. The Design and Construction Standards require a Traffic Study for proposals that generate 25 or more peak hour trips. The City (Lead Agency) issued a Determination of Non-Significance(DNS)on July 23, 2021. 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 A concomitant agreement would not be required in this circumstance. 6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. III. RECOMMENDED DECISION Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner RECOMMENDS APPROVAL of the rezone from C-1 (Retail Business District) to R-4 (High- Density Residential). Dated this 16th day of August,2021. CITY PASCO HEARING EXAMINER /XZ 4 7 ndrew L.Kottkamp Z 2021-010 Aqtera Engineering Page 6 of 6