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HomeMy WebLinkAbout4578 Ordinance - The Dunes RT to R-3 Rezone (Z 2021-015) - Not Recorded FILED FOR RECORD AT REQUEST OF: City of Pasco,Washington WHEN RECORDED RETURN TO: City of Pasco,Washington Attn: City Clerk 525 North 3rd Avenue Pasco,WA 99301 ORDINANCE NO. 4578 AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED SOUTH OF AND ADJACENT TO BURNS ROAD, APPROXIMATELY 3/4 MILES WEST OF BROADMOOR BOULEVARD, PASCO, WASHINGTON FROM R-T TO R-3. WHEREAS, Caleb Stromstad, acting on behalf of Big Sky Developers, LLC, the petitioner seeks to rezone Parcel8 of Record Survey No. 1932653,located in Section 7,Township 9 North, Range 29 East, W.M. Records of Franklin County, Washington(Parcel No. 115210038); and WHEREAS,a complete and adequate petition for change of zoning classification meeting the requirements of the Pasco Municipal Code (PMC) Section 25.210.030 was received by the City and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon such petition on January 12, 2022; and WHEREAS,based upon substantial evidence and demonstration of the Petitioner that: (a) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the effect of the proposal on the immediate vicinity is not materially detrimental; (c)there is merit and value in the proposal for the community as a whole; (d) the rezone application and anticipated development are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Constructions Standards;and(e)a concomitant agreement is not required under these circumstances,the Hearing Examiner developed the above findings in accordance with PMC Section 25.210.060 and has recommended to approve the rezone, which findings and recommendation are hereby adopted by the City Council and the Hearing Examiner Report is hereby incorporated by this reference as Exhibit A. Ordinance—"The Dunes"Rezone Z 2021-015- 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from R-T (Residential Transition) to R-3 (Medium-Density Residential) for the real property as shown in the Exhibit B attached hereto and described as follows: Parcel 8 of Record Survey No. 1932653, located in Section 7, Township 9 North, Range 29 East, W.M. Records of Franklin County, Washington (Parcel No. 1 1 52 1 003 8). Section 2. This Ordinance shall take full force and effect five (5) days after approval, passage and publications required by law. PASSED by the City Council of the City of Pasco, Washington, this 7'� day of February, 2022. � Blanc e Barajas Mayor ATTEST: APPROVED AS TO FORM: .�� . �,� Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: �;p�Ci Z�1 f ��92Z Ordinance—"The Dunes"Rezone Z 2021-015 -2 Item: The Dunes Rezone RT to R-3 N ��Exhibit A" Applicant: Caleb Stromstad c/o Big Sky Developers LLC w E File #: Z 2021-015 S , �, , , _� ,, _: � , ., . I ,` ` Q ` , � ��,��_�. I.�-� o , � � � I� � �JC�� .� `'ti ',-�;'�9c� ��I� � , ,�.��Qo��-```°� �� � -� 'r °�-,��= .FCREST DR� � � � ' ��,'_ �,!�rjJ`'•`; �{t�o�"��3�� � �(� `� ��o' Q r� � �.����,, `�,- � I❑ I , �-- Z BURNS RD ^, CITY LIMITS CITY LIMITS -- �-�U li I � � ` R-3 � 180 350 700 1,100 1,40 Feet "Exhibit B"" CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMII�NDED FINDINGS OF ) FACT,RECOA�IlV�NDED ) CONCLUSIONS OF LAW, AND RECOMMENDED DECTSION 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: I. RECOA�YVIEENUED FINDINGS OF FACT 1. PROPERTY/APPLICATION DESCRIPTION: 1.1 Le�al: Lot 8 of Record Survey#1932652, Section 7,Township 9 North,Range 29 East W.M.Pasco,Franklin County, Washington(Parcel I15210038). 1.2 General Location: Located along the south side of Burns Road,approximately three- yuarters of a mile west of Broadmoor Boulevard,Pasco,WA. 1.3 Propert.��: 473 Acres. 1.4 Aaplicant: Caleb Stromstad/Aqtera c/o Big Sky Developers,LLC,2705 Saint Andrews Loop, Suite C,Pasco,WA 99301. 1.5 Reyuest: 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. COMPREHEN5IVE 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 condorniniums 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 O15 The Dunes Page 1 of 7 6. ENVIRONMENTAL DETERA�IINATION: 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 #1 1 52 1 003 8, 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 singte-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 BoulevardlRoad 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 condominiurns. 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 O15 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 sfiates: "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 heaith 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 generaIly 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." 1033 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 compatibie with the Lype 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 e ffect on the property owner or owners if the request is not granted: Z 2021 O15 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 properiy 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 deveIoped with Single-family dwellings, patio homes,townhouses,aparhnents,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 Ciiy Council Goa1s on housing. The opporiunity 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 O15 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 spealc 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. II.RECOMII�NDED 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.U60. 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 desigriated under the City's Street Classification plan. Burns Road contains an existing water main; sewer is being brought to the properly 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. I.5.2 Land Use Policy LU-4-B: 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-D: Designate areas for higher density residentia[ developments where utilities and transportation facilities enable efficient use of capital resources. Z 2021 O15 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-S-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 sma11-lot single-fannily residential development. 1.5.6 Land Use Policy LU-S-B: 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,aparhnents,manufactured housing, accessory dwelling units,zero-lot-line,planned unit devetopments, etc. 1.5.9 Housing Policy H-1-B 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 Iikewise 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 O15 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 a.nd 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 25210.030. 7. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. III. RECONIlYIENDED 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 #1932652, 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 af 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 � ���� A L. 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