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.
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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."
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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.
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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.
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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)
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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
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