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HomeMy WebLinkAboutHE Recommendation ZD 2021-002 Thanksgiving Limited Partnership CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED ZD 2021-002 ) CONCLUSIONS OF LAW, Thanksgiving Limited Partnership ,LP ) AND RECOMMENDATION THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on November 10, 2021, the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact, Recommended Conclusions of Law, and Recommendation as follows: I. RECOMMENDED FINDINGS OF FACT 1. PROPERTY/APPLICATION DESCRIPTION: 1.1 Legal: The South '/2 of the Northeast 1/4 of Section 8,Township 9 North,Range 30 East, W.M.,together with rights-of-way, and access and utility easements as recorded in the Records of Franklin County, State of Washington; comprising approximately 82.95 Acres. (Franklin County Assessor's Parcel No. 113130415). 1.2 General Location: East of North Capitol Avenue approximately 1,400 feet south of Foster Wells Road. 1.3 Property Size: 82.95 Acres. 1.4 Applicant: Robert Tippett c/o Thanksgiving Limited Partnership L.P.,PO Box 3027, Pasco, WA 99302-3027. 1.5 Zoning Determination: Development of a zoning recommendation for the Thanksgiving Limited Partnership, L.P. Annexation located east of North Capitol Avenue approximately 1,400 feet south of Foster Wells Road. 2. ACCESS: The site is accessed from North Capitol Avenue. 3. UTILITIES: Water and sewer are available in North Capitol Avenue. 4. LAND USE AND ZONING: The site is zoned AP-20(Ag Production 20 Acres) and is being farmed with an irrigation pivot. Surrounding properties are zoned and developed as follows: North: RR-5 (County) Farming; SFDUs East: AP-20 (County) Farming; SFDUs South: I-1 Agriculture West: I-1 Industrial; Food Processing 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Industrial. ZD 2021 002 Thanksgiving Limited Partnership LP Page 1 of 6 6. On October 18,2021, the City Council approved a resolution accepting a notice of intent to annex 82.95 acres generally located east of North Capitol Avenue approximately 1,400 feet south of Foster Wells Road. 7. Following acceptance of the Notice of Intent and prior to Council action on an annexation petition, the Hearing Examiner is to hold a zoning determination hearing. The purpose of said hearing is for the Hearing Examiner to recommend appropriate zoning districts for the proposed annexation area in the event it may become part of the City. 8. In determining the most appropriate zoning for the annexation area,the Hearing Examiner needs to consider the existing land uses, nearby development, zoning, policies of the Comprehensive Plan and the Land Use Designations of the Land Use Map. The Hearing Examiner also needs to be guided by the criteria in PMC 25.210.060(as discussed below)in developing a zoning recommendation. 9. The purpose of the annexation is to assist with the expansion of industrial businesses within the area. 10. To maintain consistency with current zoning, land uses, utility planning and the Comprehensive Plan industrial zoning should be applied to the proposed annexation area. The use of the I-1 Light Industrial zone for the area will allow for future expansion of industrial enterprises. 11. The initial review criteria for considering a rezone application are explained in PMC 25.210.030. The criteria are listed below as follows: 11.1 The date the existing zone became effective: The current zoning was initiated by the County(No known date). 11.2 The changed conditions which are alleged to warrant other or additional zoning: 11.2.1 The property is located within the Pasco Urban Growth Boundary. 11.2.2 The property in question is being annexed to the City of Pasco. 11.2.3 Upon annexation the property will need to be zoned. 11.2.4 Considerable utility planning and construction has taken place to support existing and future industrial development within the proposed annexation area. 11.3 Facts to justify the change on the basis of advancing the public health,safety and general welfare: 11.3.1 The property is being annexed to the City and will need to be zoned. The justification for the rezone is the fact that if a zoning designation is not determined the property could become annexed without zoning. For the advancement of the general welfare of the community the property needs to be zoned. 11.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 11.4.1 Applicant has requested 1-1 zoning for the area; rezoning the property to 1-1 will result in a more intense zoning than the current County AP-20(Ag Production 20 Acres), but would allow industrial development in the neighborhood, in alignment with the Comprehensive Plan Land Use designation for the area. The nature and value of adjoining properties may be impacted by applying industrial zoning in the area. ZD 2021 002 Thanksgiving Limited Partnership LP Page 2 of 6 11.5 The effect on the property owner or owners if the request is not granted: 11.5.1 Without the annexation area being assigned a specific zoning district, the area will essentially be un-zoned upon annexation. The area needs to be zoned to provide certainty and benefit to the property owners and the adjoining property owners. 11.6 The Comprehensive Plan land use designation for the property: 11.6.1 The Comprehensive Plan Land Use Designation for the property is Industrial. 12. The site contains approximately 82.95 acres and is located east of North Capitol Avenue approximately 1,400 feet south of Foster Wells Road. Surrounding contiguous properties to the south and west were annexed in 1963 (Ordinance 1078)and 2021 (Ordinance 4546), respectively. 13. The parcel is all located within the Urban Growth Area(UGA). The parcel in the proposed annexation area is designated by the Comprehensive Plan map for industrial development. 14. The Description and Allocation Table of the Comprehensive Plan specifies that Industrial areas allow for Manufacturing, food processing, storage and wholesale distribution of equipment and products, hazardous material storage and transportation related facilities, and are appropriate for I-1, 1-2 and I-3 zoning. Criteria for annexation in these areas may include the following: 14.1 Port of Pasco properties; 14.2 Land convenient to rail yards; 14.3 Land convenient to industrial waste water treatment facility; 14.4 Land convenient to the regional transportation system; 14.5 Availability of necessary utilities to serve the use; 14.6 Relatively level land suitable for heavy building sites. 15. The proposed annexation area is within the City's service area as identified in the Comprehensive Water and Sewer Plans. 16. Land annexed within the area typically adopts the current County zoning designation for that parcel, which is AP-20 (Ag Production 20 Acres). However the Comprehensive Plan Land Use map designates the area for industrial uscs, due to adjacent industrial uses. 17. Public notice of this hearing was posted in the Tri-City Herald and sent to property owners within 300 feet of the property on October 18, 2021. 18. The City Council approved a resolution accepting a notice of intent to annex on October 18, 2021. 19. The site comprises 82.95 acres. 20. The site is generally located east of North Capitol Avenue approximately 1,400 feet south of Foster Wells Road. 21. The Hearing Examiner must,and did,consider 21.1 The existing land uses; 21.2 Nearby development; ZD 2021 002 Thanksgiving Limited Partnership LP Page 3 of 6 21.3 Zoning and policies of the Comprehensive Plan; 21.4 Land Use Designations of the Land Use Map. 22. The current zoning was initiated by the County(No known date). 23. The property is located within the Pasco Urban Growth Boundary. 24. The property is being annexed to the City of Pasco. 25. Upon annexation the property will need to be zoned. 26. Considerable utility planning and construction has taken place to support existing and future industrial development within the proposed annexation area. 27. Applicant has requested I-1 zoning for the area. 28. Rezoning the property to I-1 will result in a more intense zoning than the current County AP- 20 (Ag Production 20 Acres). 29. Rezoning the property to I-1 would allow industrial development in the neighborhood. 30. Rezoning the property to 1-1 would be in alignment with the Comprehensive Plan Land Use designation for the area. 31. The nature and value of adjoining properties may be impacted by applying industrial zoning in the area. 32. Without the annexation area being assigned a specific zoning district, the area will be un- zoned upon annexation. 33. The Comprehensive Plan Land Use Designation for the property is Industrial. 34. The site contains approximately 82.95 acres. 35. Property to the south was annexed in 1963 (Ordinance 1078). 36. Property to the west was annexed in 2021 (Ordinance 4546). 37. The Description and Allocation Table of the Comprehensive Plan specifies that Industrial areas allow for Manufacturing, food processing, storage and wholesale distribution of equipment and products, hazardous material storage and transportation related facilities 38. The Description and Allocation Table of the Comprehensive Plan specifies that Industrial areas are appropriate for I-1, I-2 and I-3 zoning. 39. Criteria for annexation in these areas may include the following: 39.1 Port of Pasco properties; 39.2 Land convenient to rail yards; 39.3 Land convenient to industrial waste water treatment facility; 39.4 Land convenient to the regional transportation system; ZD 2021 002 Thanksgiving Limited Partnership LP Page 4 of 6 39.5 Availability of necessary utilities to serve the use; 39.6 Relatively level land suitable for heavy building sites. 40. The proposed annexation area is within the City's service area as identified in the Comprehensive Water and Sewer Plans. 41. Land annexed within the area typically adopts the current County zoning designation for that parcel, which is AP-20 (Ag Production 20 Acres). However, the Comprehensive Plan Land Use map designates the area for industrial uses, due to adjacent industrial uses. 42. An open record public hearing after due legal notice was held November 10, 2021 via videoconference. 43. Appearing and testifying on behalf of the applicant was Charles Laird. Mr. Laird testified that he was an agent authorized to speak on behalf of the property owner and Applicant. Mr. Laird indicated that the Applicant agreed with all representations in the staff report. Mr. Laird also testified that the legal name of the property owner Thanksgiving Limited Partnership, L.P. 44. No member of the public appeared at the hearing. 45. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 46. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. II.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 proposal is in accordance with the goals and policies of the Comprehensive Plan. 1.2 Industrial and agricultural related activities have been encouraged to locate in the northeast and eastern sections of the UGA. These areas already contain or are adjacent necessary infrastructure to support industrial land uses. The City and the Port of Pasco have spent many years developing utilities and streets to serve these industrial lands. King City, including the Pasco Processing Center has been designated in City of Pasco comprehensive plans as industrial areas for three decades and the continued designation as such will preserve the areas for industrial needs for future generations. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1 Zoning the proposed annexation area I-1 will cause the site to be consistent with the Comprehensive Plan. 3. There is merit and value in the proposal for the community as a whole. 3.1 There is merit and value in following the guidance of the Comprehensive Plan when assigning zoning to properties within the community. The Plan has indicated this ZD 2021 002 Thanksgiving Limited Partnership LP Page 5 of 6 property should be zoned Industrial. Assigning Industrial zoning could lead to additional employment opportunities for Pasco residents. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 4.1 The proposal is consistent with the Comprehensive Plan and no mitigation measures are needed. Applicant shall be required to install improvements and infrastructure per City of Pasco requirements. 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 is not needed. 6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. III. RECOMMENDATION Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner RECOMMENDS to the Pasco City Council to zone the Thanksgiving Limited Partnership, L.P. Annexation Area to I-1 as depicted on the proposed zoning map. Dated this 15"'day of November, 2021. CITY OF-PASCO HEARING EXAMINER An ew L. 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