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HomeMy WebLinkAboutHE Recommendation Z 2021-011 AMI Pasco Development CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND DECISION Z 2021-011 ) Knutzen Engineering/Nathan Machiela ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on September 8, 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 Leal: The North 264.31 feet of the South %of the Northwest '/4 of the Northwest '/4 of the Northwest 1/4 of Section 22,Township 9 North,Range 29 East, W.M., Pasco, Franklin County, Washington (Parcel 118 552 031); and Lot 2: The North %of the Northwest '/4 of the Northwest '/4 of the Northwest '/4 of Section 22,Township 9 North, Range 29 East, W.M.,Pasco, Franklin County, Washington; except the West 220 feet, and except the road Right-of-Way(Parcel 118 552 081). 1.2 General Location: Generally located near the southeast corner of Road 68 and Argent Road in Pasco, WA. 1.3 Property Size: 7.04 acres(306,607.64 square feet). 1.4 Applicant: Knutzen Engineering/Nathan Machiela, 5401 Ridgeline Dr., Suite 160 Kennewick, WA 993381.5 Request: Rezone AMI Pasco Development-C-1 to R-3. 2. ACCESS: The parcel has access from Road 68 and Argent Road. 3. UTILITIES: Water utilities are available in both Road 68 and Argent Road; Sewer service is in Argent Road. 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-4/C-1/RS-20 Vacant,Office, SFDUs EAST: RS-12, SFDUs SOUTH: RS-20, SFDUs WEST: RS-20; C-1 Vacant, Mixed Commercial Z 2021-011 Knutzen Engineering Page 1 of 6 5. COMPREHENSIVE PLAN: The Comprehensive Plan has recently been updated and approved by City Council; the lot has been designated "Mixed Residential/Commercial" by the Comprehensive Plan Land Use Map; the "Mixed Residential-Commercial"designation allows for R-1 through R-4, C-1, "O" and Waterfront zoning designations, and allow a combination of mixed-use residential and commercial in the same development. Single- family dwellings, patio homes,townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre.Neighborhood shopping and specialty centers, business parks, service and office uses. This requested rezone is consistent with the Pasco Comprehensive Plan. 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 18 August 2021 for this project under WAC 197-11-158.No appeal was filed. 7. REQUEST: Nathan Machiela/Knutzen Engineering, on behalf of AMI Pasco Development, has submitted an application to rezone Parcels 9118 552 031 and 118 552 081, located near the southeast corner of Road 68 and West Argent Road in Pasco, WA., from C-1 (Retail Business District) to R-3 (Medium-density Residential). Applicant anticipates multi-family development on the site. The Applicant has furnished a draft site plan depicting 59 residential lot-line duplex units on the 7.04-acre site. 8. SITE: The site has frontage access on Road 68 and Argent Road, which are both arterial streets, and contains 7.04 acres(306,607.64 square feet). 8.1 The Comprehensive Plan designates the lot"Mixed Residential-Commercial." 8.2 The "Mixed Residential-Commercial"designation allows for R-3 zoning and may be developed with lot-line duplex units. 8.3 Residential density may range from 5 to 29 dwelling units per acre in the "Mixed Residential-Commercial"designated area. 8.4 The rezone request and its intended use are consistent with both Comprehensive Plan Land Use Map designations. 9. HISTORY: Parcel 118 552 081 located along West Argent Road was annexed into the City (Ordinance 3424 and designated RS-12 (Low-Density Residential; Ordinance 3425) in 2000; the parcel was rezoned to C-1 (Ordinance 4360) in 2017. Parcel 118 552 031 was annexed into the City (Ordinance 4354) and designated C-1 (Retail Business; Ordinance 4355) in 2017. The City has recently approved a major update to its Comprehensive Plan. The revised Land Use Element of the approved Plan designated the lot"Mixed Residential-Commercial." 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 Parcel 118 552 081 was rezoned to C-1 in 2017. Parcel 118 552 031 was designated C-1 in 2017 in conjunction with annexation. 10.2 The changed conditions,which are alleged to warrant other or additional zoning: Z 2021-011 Knutzen Engineering Page 2 of 6 10.2.1 Parcels on both the northeast and northwest corners of Road 68 and West Argent have recently been rezoned to R-4 (High-Density Residential). 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 "Mixed Residential-Commercial." 10.2.3 The "Mixed Residential-Commercial" designation allows for R-3 zoning and may be developed with residential lot-line duplex units. 10.2.4 Residential density may range from 5 to 29 dwelling units per acre in the "Mixed Residential-Commercial"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 5 to 29 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 residential demand is currently outpacing retail commercial in the area. 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 "Mixed Residential-Commercial." The requested rezone is consistent with this designation. 10.6.2 The "Mixed Residential-Commercial"designation allows for R-3 zoning and may be developed with lot-line duplex units. 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 August 27,2021. Z 2021-011 Knutzen Engineering Page 3 of 6 16. Applicant wishes to rezone Parcels #118 552 031 and 118 552 081 from C-1 to R-3. 17. The site is located near the southeast corner of Road 68 and West Argent Road. 18. Applicant anticipates multi-family development on the site. 19. Applicant has furnished a draft site plan depicting 59 residential lot-line duplex units on the site. 20. The site has frontage access on Road 68 and Argent Road. 21. Road 68 and Argent Road are both arterial streets. 22. The Site contains 7.04 acres. 23. The City has recently approved a major update to its Comprehensive Plan. 24. The Comprehensive Plan designates the lot"Mixed Residential-Commercial." 25. The "Mixed Residential-Commercial" designation allows for R-3 zoning; The "Mixed Residential-Commercial"designation may be developed with residential lot-line duplex units. 26. Residential density may range from 5 to 29 dwelling units per acre in the"Mixed Residential- Commercial"designated area. 27. The rezone request and its intended use are consistent with both Comprehensive Plan Land Use Map designations. 28. Parcel 118 552 081 was annexed into the City in 2000. 29. Parcel 118 552 081 was the parcel was rezoned to C-1 in 2017. 30. Parcel 118 552 031 was annexed into the City in 2017. 31. Parcel 118 552 031 was designated C-1 in 2017. 32. An open record public hearing after due legal notice was held September 8, 2021 via Zoom videoconference. 33. The Applicant did not appear at the hearing. The Applicant was given notice of the date, time, and manner of the hearing. 34. No member of the public testified at the hearing. 35. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 36. The proposal is in accordance with the goals and policies of the Comprehensive Plan as follows: 36.1 City Council has recently approved an update to the Comprehensive Plan. The Land Use Element of the Plan now designates the lot"Mixed Residential-Commercial." 36.2 The "Mixed Residential-Commercial" designation allows for R-3 zoning and may be developed with lot-line duplex units. 36.3 Residential density may range from 5 to 29 dwelling units per acre in the "Mixed Residential-Commercial" designated area. 36.4 The requested rezone is consistent with the Pasco Comprehensive Plan. 37. The proposal also aligns with the following Comprehensive Plan Goals and Policies: Z 2021-011 Knutzen Engineering Page 4 of 6 37.1 Land Use Policy LU-4-A: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. 37.2 Land Use Policy LU-4-13: Encourage the development of walkable communities by increasing mixed-use (commercial/residential) developments that provide households with neighborhood and commercial shopping opportunities. 37.3 Housing Goal H-1: Encourage housing for all economic segments of the city's population consistent with the local and regional market. 37.4 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. 38. The effect of the proposal on the immediate vicinity will not be materially detrimental because: 38.1 The Comprehensive Plan has recently been updated for the area and the Land Use Element of the Plan now designates the lot"Mixed Residential-Commercial." 38.2 The "Mixed Residential-Commercial" designation allows for R-3 zoning and may be developed with residential lot-line duplex units. 38.3 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. 39. There is merit and value in the proposal for the community as a whole because: 39.1 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). 39.2 The Comprehensive Plan has recently been updated for the area and now designates the lot"Mixed Residential-Commercial." 39.3 The "Mixed Residential-Commercial" designation allows for R-3 zoning and may be developed with residential lot-line duplex units. 40. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 40.1 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 August 18, 2021. 41. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. 41.1 A concomitant agreement would not be required in this circumstance. 42. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. Z 2021-011 Knutzen Engineering Page 5 of 6 H.RECOMMENDED 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 Hearing Examiner has been granted the authority to render recommendation. 2. This rezone is consistent with the goals and policies of the Pasco Comprehensive Plan. 3. This rezone will satisfy all of the criteria set forth in the Pasco Municipal Code. 4. 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-3 (Medium- Density Residential). Dated this 90'day of September, 2021. CIT PASCO HEARING EXAMINER drew L.Kokamp Z 2021-011 Knutzen Engineering Page 6 of 6