HomeMy WebLinkAboutHE Recommendation Z 2021-015 The Dunes CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2021-015 )
The Dunes )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
January 12, 2022, the Hearing Examiner having taken evidence hereby submits the following
Recommended Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as
follows:
1. RECOMMENDED FINDINGS OF FACT
1. PROPERTY/APPLICATION DESCRIPTION:
1.1 Legal: Lot 8 of Record Survey#1932652, Section 7,Township 9 North,Range 29
East W.M. Pasco,Franklin County, Washington(Parcel 115210038).
1.2 General Location: Located along the south side of Burns Road, approximately three-
quarters of a mile west of Broadmoor Boulevard,Pasco, WA.
1.3 Property Size: 47.3 Acres.
1.4 Applicant: Caleb Stromstad/Agtera c/o Big Sky Developers,LLC,2705 Saint
Andrews Loop, Suite C, Pasco, WA 99301.
1.5 Request: Rezone The Dunes RT to R-3.
2. ACCESS: The parcel has access from Burns Road.
3. UTILITIES: Municipal water service is located in Burns Road and sewer is being brought to
the property from west Court Street to the south.
4. LAND USE AND ZONING: The property is currently zoned RT(Residential Transition),
and is vacant. Surrounding zoning and land uses are as follows:
North RS-20(County)SFDUs
East RT Vacant
South RT Agriculture/Vacant
West R-1 Agriculture/SFDUs
5. COMPREHENSIVE PLAN: The Comprehensive Plan Land Use Map designates the area
"Medium-Density Residential;"the"Medium-Density Residential"designation allows for
Single-family dwellings,patio homes,townhouses, apartments, and condominiums at a
density of 6 to 20 dwelling units per acre.Allowable zoning for the"Medium-Density
Residential" land use designation includes the R-2 through R-4, and RP zones.
Z 2021 015
The Dunes
Page 1 of 7
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 14 December 2021 for this project
under WAC 197-11-158.
7. REQUEST: Big Sky Developers, LLC, has submitted an application to rezone Parcel
#115210038, located along the south side of Burns Road, approximately three-quarters of a
mile west of Broadmoor Boulevard, from RT (Residential Transition) to R-3 (Medium-
Density Residential). Applicant anticipates small-lot single-family development on the 47.3-
acre site.
8. SITE: The site comprises 47.3 acres and has frontage access on Burns Road which ultimately
connects to Broadmoor Boulevard/Road 100 to the east. The Comprehensive Plan designates
the lot "Medium-Density Residential." The "Medium-Density Residential" designation
allows for R-3 zoning and may be developed with Single-family dwellings, patio homes,
townhouses, apartments, and condominiums. Residential density may range from 6 to 20
dwelling units per acre in the "Medium-Density Residential" designated area. The rezone
request is consistent with the Comprehensive Plan Land Use Map designation.
9. HISTORY: The site was annexed into the City and assigned RT (Residential Transition)
zoning in 1998 (Ordinance#2388). The site has not been rezoned since.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." The site is also located in
the Broadmoor Area Plan, which likewise identifies the site for Medium-Density Residential
development.
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 site was assigned RT (Residential Transition) zoning in 1998 as part of
the annexation (Ordinance#2388). Zoning for the site has not changed since
then.
10.2 The changed conditions, which are alleged to warrant other or additional zoning:
10.2.1 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." The "Medium-Density Residential" designation allows for R-3
zoning and may be developed with Single-family dwellings, patio homes,
townhouses, apartments, and condominiums. Residential density may range
from 6 to 20 dwelling units per acre in the "Medium-Density Residential'
designated area. This is an adequate change in conditions.
10.2.2 The site is also located in the Broadmoor Area Plan, which identifies the site
for Medium-Density Residential development The "Mixed
Residential/Commercial' designation allows for R-4 zoning and may be
developed with apartments.
Z 2021 015
The Dunes
Page 2 of 7
10.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
10.3.1 The existing RT (Residential Transition) zoning is intended to be a holding
zone of sorts until development of the area is appropriate, as seen from the
purpose statement found in Section 25.15.010 of the zoning code which
states:
"The R-T district is intended to be applied or assigned to areas that are
essentially undeveloped, however, ultimately intended for suburban or urban
residential use. Classifications which would be inappropriate or premature to
initially apply for a variety of reasons, including promotion of unorderly
growth or creation of public health and safety problems resultant from the
unavailability of urban services, should be avoided."
10.3.2 With recent and planned development occurring throughout west Pasco,
rezone of the site is timely. An existing water main capable of supporting
new development, as identified in the Pasco Comprehensive Plan is located
adjacent to the site along Burns Road. The comprehensive plan designates
the site as suitable for medium density residential development, which is
compatible with the purpose statement of the R-3 zone(Section 25. 65.010):
"The R-3 district is established to provide a medium density residential
environment. Lands within this district generally contain multiple-unit
residential structures of a scale compatible with the structures in low density
districts and with useful yard spaces. The R-3 district is intended to allow for
a gradual increase in density from lower density residential districts and,
where compatible, can provide a transition between different use areas."
10.3.3 The rezone application is consistent with the current 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 Medium Density Residential development of the site would be compatible
with the type and density anticipated under the Pasco Comprehensive Plan. It
is south of and adjacent to existing residential development. It is also located
a convenient distance from a large mixed use interchange plan designation
which will include a variety of commercial services.
10.4.2 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.
10.4.3 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:
Z 2021 015
The Dunes
Page 3 of 7
10.5.1 Denial of the proposed rezone would impair implementation of the City's
Comprehensive Plan and reduce the property owner's ability to gain a return
on their investment in the property.
10.5.2 If the property remains with the current RT zoning designation the site would
likely continue vacant and unused.
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." The "Medium-Density Residential" designation allows
for R-3 zoning and may be developed with Single-family dwellings, patio
homes,townhouses, apartments,and condominiums.
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.
10.7.2 The site is also located in the Broadmoor Area Plan, which likewise
identifies the site for Medium-Density Residential development.
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 December 20, 2021.
12. The Applicant wishes to rezone Parcel#115210038, from RT (Residential Transition)to R-3
(Medium-Density Residential).
13. The site is located along the south side of Burns Road, approximately three-quarters of a mile
west of Broadmoor Boulevard.
14. The Applicant anticipates small-lot single-family development on the site.
15. The site comprises 47.3 acres.
16. The site has frontage access on Burns Road.
17. Burns Road connects to Broadmoor Boulevard/Road 100 to the east.
18. The City has recently approved a major update to its Comprehensive Plan.
19. The Comprehensive Plan designates the lot"Medium-Density Residential."
20. The"Medium-Density Residential"designation allows for R-3 zoning.
21. The"Medium-Density Residential"designation may be developed with Single-family
dwellings, patio homes,townhouses, apartments, and condominiums.
22. Residential density may range from 6 to 20 dwelling units per acre in the"Medium-Density
Residential"designated area.
23. The rezone request is consistent with both Comprehensive Plan Land Use Map designations.
24. The site is also located in the Broadmoor Area Plan, which likewise identifies the site for
Medium-Density Residential development.
25. The site was annexed into the City in 1998.
Z 2021 015
The Dunes
Page 4 of 7
26. The site was zoned for industrial uses in 1962.
27. The site was assigned RT zoning in 1998 concurrent with the annexation.
28. The site has not been rezoned since.
29. An open record public hearing after due legal notice was held January 12, 2022 via
videoconference.
30. Appearing and testifying on behalf of the applicant was Caleb Stromstad. Mr. Stromstad
testified that he was an agent authorized to speak on behalf of the property owner and
applicant. Mr. Stromstad indicated that the Applicant agreed with all representations in the
staff report.
31. No member of the public appeared at the hearing.
32. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
33. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
U.RECOMMENDED CONCLUSIONS OF LAW
Before recommending approval of this rezone, the Hearing Examiner has developed findings of fact
from which to draw those 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.
1.1 Development of the site with a small lot subdivision in conformance with R-3 zoning
standards would help to implement the City's comprehensive plan. The site is
adjacent Burns Road, a principal arterial street as designated under the City's Street
Classification plan. Burns Road contains an existing water main; sewer is being
brought to the property from west Court Street to the south.
1.2 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."
1.3 The"Medium-Density Residential"designation allows for R-3 zoning and may be
developed with Single-family dwellings, patio homes,townhouses, apartments, and
condominiums.
1.4 Residential density may range from 6 to 20 dwelling units per acre in the"Medium-
Density Residential"designated area.
1.5 The proposal also aligns with the following Comprehensive Plan Goals and Policies:
1.5.1 Land Use Policy LU-4: Increase community accessibility through proper
land use planning.
1.5.2 Land Use Policy LU-4-13: Encourage infill and higher density uses within
proximity to major travel corridors and public transportation service areas.
The site is located immediately adjacent Burns Road,which is designated as
a principal arterial street and is planned to become a major travel corridor.
1.5.3 Land Use Policy LU-4-1): Designate areas for higher density residential
developments where utilities and transportation facilities enable efficient use
of capital resources.
Z 2021 015
The Dunes
Page 5 of 7
1.5.3.1 The proposed R-3 zoning of the site will help to implement this
policy for designating higher density residential along Burns Road,
which is both a major transportation and utility corridor..
1.5.4 Land Use Goal LU-5: maintain a broad range of residential land use
designations to accommodate a variety of lifestyles and housing
opportunities.
1.5.5 Land Use Policy LU-5-A: Allow a variety of residential densities throughout
the UGA
1.5.5.1 The proposed rezone would help to provide a variety of residential
densities by providing an area of small-lot single-family residential
development.
1.5.6 Land Use Policy LU-5-13: Encourage higher residential densities within and
adjacent to major travel corridors, Downtown(Central Business District),
and Broadmoor
1.5.6.1 R-3 zoning would provide for higher density zoning along Burns
Road, a major travel corridor.
1.5.7 Housing Goal H-1: Encourage housing for all economic segments of the
city's population consistent with the local and regional market.
1.5.8 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.
1.5.9 Housing Policy H-1-13 1-B: Higher intensity housing should be located near
arterials and neighborhood or community shopping facilities and
employment areas.
1.5.9.1 The site is also located in the Broadmoor Area Plan,which likewise
identifies the site for Medium-Density Residential development.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 Medium Density Residential development of the site would be compatible with the
type and density anticipated under the Pasco Comprehensive Plan Land Use Map. It
is south of and adjacent existing residential development and would be located east of
and adjacent a planned open space area. It is also located a convenient distance from
a large mixed use interchange plan designation which will include a variety of
commercial services.
2.2 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."
2.3 The "Medium-Density Residential" designation allows for R-3 zoning and may be
developed with Single-family dwellings, patio homes, townhouses, apartments, and
condominiums.
2.4 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.
Z 2021 015
The Dunes
Page 6 of 7
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)
3.2 The Comprehensive Plan has recently been updated for the area and now designates
the site "Medium-Density Residential." The "Medium-Density Residential"
designation allows for R-3 zoning and may be developed with single-family
dwellings, patio homes,townhouses,apartments and condominiums.
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.
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. The proposed rezone is consistent with and satisfies all criteria set forth in PMC 25.210.030.
7. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
M. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL of the rezone of Lot 8 of Record Survey 41932652, Section 7,
Township 9 North, Range 29 East W.M. Pasco, Franklin County, Washington (Parcel 115210038),
located at Located along the south side of Burns Road, approximately three- quarters of a mile west
of Broadmoor Boulevard, Pasco, WA, from RT (Residential Transition) to R-3 (Medium-Density
Residential).
Dated this 18"'day January, 2022.
CITY O SCO HEARING EXAMINER
U/ 16
AZ L.Kottkamp
Z 2021 015
The Dunes
Page 7 of 7