HomeMy WebLinkAboutHE Recommendation Z 2021-018 CBHA Rezone RT to C-1 CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION Z 2021-018 ) Whitney Churchill/The Neenan Company ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on February 9, 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. RECOMMENDED FINDINGS OF FACT 1. PROPERTY/APPLICATION DESCRIPTION: 1.1 Lgggk A portion of the north half of Section 9,Township 9 North,Range 29 East defined as follows: Parcel 116030025: THE NORTH HALF OF SECTION 9,TOWNSHIP 9 NORTH, RANGE 29 EAST W.M.,RECORDS OF FRANKLIN COUNTY, WASHINGTON LYING EASTERLY OF ROAD 68 EXCEPT THAT PORTION DEEDED TO THE CITY OF PASCO BY DEDICATED DEED RECORDED JUNE 20,2008 UNDER AUDITOR'S FILE NO. 1720767 AND MAY 28,2004 UNDER AUDITOR'S FILE NO. 1645275.EXCEPT A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER,ALL IN SECTION 9 OF TOWNSHIP 9 NORTH OF RANGE 29 EAST OF THE WILLAMETTE MERIDIAN,FRANKLIN COUNTY,WASHINGTON,BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 9, THENCE SOUTH 89039'28" WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 9 A DISTANCE OF 3.00 FT.TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONVENTION DRIVE AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 01°34'31"EAST ALONG SAID WEST LINE OF CONVENTION DRIVE,BEING PARALLEL TO AND 3.00'WESTERLY OF THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 9 A DISTANCE OF 2509.86 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SANDIFUR PARKWAY;THENCE ALONG SAID NORTH LINE OF SANDIFUR PARKWAY AS FOLLOWS: THENCE SOUTH 87041'06"WEST A DISTANCE OF 147.50 FEET;THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 336.09',WITH A RADIUS OF 790.00',WITH A CHORD BEARING OF SOUTH 75°29'50" WEST, WITH A CHORD LENGTH OF 333.56; THENCE WITH A REVERSE CURVE Z 2021 018 Churchill/The Neenan Co. Page 1 of 9 TURNING TO THE RIGHT WITH AN ARC LENGTH OF 330.33',WITH A RADIUS OF 710.04',WITH A CHORD BEARING OF SOUTH76°38'14" WEST, WITH A CHORD LENGTH OF 327.36; THENCE SOUTH 89°5753" WEST A DISTANCE OF 47.99 FEET;THENCE NORTH 01°34'31" WEST A DISTANCE OF 2670.08 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 9;THENCE NORTH 89°39'28"EAST ALONG SAID NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 9 A DISTANCE OF 841.21 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONVENTION DRIVE,WHICH IS THE TRUE POINT OF BEGINNING.AND EXCEPT THAT PORTION LYING SOUTHERLY OF SANDIFUR PARKWAY. ALSO EXCEPT THAT PORTION DESCRIBED AS BINDING SITE PLAN 2019- 02,RECORDED IN VOLUME 1 OF BINDING SITE PLANS,AT PAGE 239, UNDER AUDITOR'S FILE NUMBER 1894875,RECORDS OF FRANKLIN COUNTY,WASHINGTON. SEGREGATION AREA 2: COMMENCING AT THE NORTHEAST CORNER OF THE HEREINBEFORE DESCRIBED `TRACT X'; THENCE SOUTH 89040'37"WEST ALONG THE NORTH LINE OF SAID TRACT AND THE NORTH LINE OF THE HEREINBEFORE DESCRIBED SECTION 4 A DISTANCE OF 767.56 FEET TO THE TRUE POINT OF BEGINNING;THENCE LEAVING SAID NORTH LINE SOUTH 00°19'23"EAST A DISTANCE OF 938.12 FEET;THENCE SOUTH 74°58'29"WEST A DISTANCE OF 627.12 FEET TO THE EASTERLY MARGIN OF ROAD 68 AND THE WEST LINE OF SAID TRACT; THENCE NORTH 15°01'31"WEST ALONG SAID WEST LINE A DISTANCE OF 350.00 FEET THENCE LEAVING SAID WEST LINE,NORTH 74°58'29"EAST A DISTANCE OF 292.32 FEET; THENCE NORTH 1500111"WEST A DISTANCE OF 707.72 FEET TO THE NORTH LINE OF SAID TRACT AND SAID SECTION 4; THENCE NORTH 89040'37"EAST ALONG SAID NORTH LINE A DISTANCE OF 592.28 FEET TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION; together with Parcel 116030026:THE NORTH HALF OF SECTION 9,TOWNSHIP 9 NORTH, RANGE 29 EAST W.M.,RECORDS OF FRANKLIN COUNTY, WASHINGTON LYING EASTERLY OF ROAD 68 EXCEPT THAT PORTION DEEDED TO THE CITY OF PASCO BY DEDICATED DEED RECORDED JUNE 20,2008 UNDER AUDITOR'S FILE NO. 1720767 AND MAY 28,2004 UNDER AUDITOR'S FILE NO. 1645275.EXCEPT A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER,ALL IN SECTION 9 OF TOWNSHIP 9 NORTH OF RANGE 29 EAST OF THE WILLAMETTE MERIDIAN,FRANKLIN COUNTY,WASHINGTON,BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 9, THENCE SOUTH 89039'28" WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 9 A DISTANCE OF 3.00 FT. TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONVENTION DRIVE AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 01°34'31"EAST ALONG SAID WEST LINE OF CONVENTION DRIVE,BEING PARALLEL TO AND 3.00'WESTERLY OF THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 9 A DISTANCE OF 2509.86 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SANDIFUR PARKWAY;THENCE ALONG SAID Z 2021 018 Churchill/The Neenan Co. Page 2 of 9 NORTH LINE OF SANDIFUR PARKWAY AS FOLLOWS: THENCE SOUTH 87041'06"WEST A DISTANCE OF 147.50 FEET;THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 336.09', WITH A RADIUS OF 790.00', WITH A CHORD BEARING OF SOUTH 75°29'50" WEST, WITH A CHORD LENGTH OF 333.56; THENCE WITH A REVERSE CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 330.33', WITH A RADIUS OF 710.04',WITH A CHORD BEARING OF SOUTH 76°38'14"WEST, WITH A CHORD LENGTH OF 327.36;THENCE SOUTH 89° 57'53" WEST A DISTANCE OF 47.99 FEET;THENCE NORTH 01°34'31" WEST A DISTANCE OF 2670.08 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 9;THENCE NORTH 89°3928"EAST ALONG SAID NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 9 A DISTANCE OF 841.21 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONVENTION DRIVE, WHICH IS THE TRUE POINT OF BEGINNING.AND EXCEPT THAT PORTION LYING SOUTHERLY OF SANDIFUR PARKWAY. ALSO EXCEPT THAT PORTION DESCRIBED AS BINDING SITE PLAN 2019- 02,RECORDED IN VOLUME 1 OF BINDING SITE PLANS,AT PAGE 239, UNDER AUDITOR'S FILE NUMBER 1894875,RECORDS OF FRANKLIN COUNTY,WASHINGTON. SEGREGATION AREA 3: COMMENCING AT THE NORTHEAST CORNER OF THE HEREINBEFORE DESCRIBED `TRACT X'; THENCE SOUTH 89040'37"WEST ALONG THE NORTH LINE OF SAID TRACT AND THE NORTH LINE OF THE HEREINBEFORE DESCRIBED SECTION 4 A DISTANCE OF 767.56 FEET;THENCE LEAVING SAID NORTH LINE SOUTH 00019'23"EAST A DISTANCE OF 938.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°19'23"EAST A DISTANCE OF 502.76 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 500.00 FEET,AND FROM WHICH POINT THE CHORD BEARS SOUTH 77°53'08" WEST A DISTANCE OF 191.47 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22004'37"A DISTANCE OF 192.66 FEET;THENCE SOUTH 88°55'26"WEST A DISTANCE OF 317.67 FEET TO THE EASTERLY MARGIN OF ROAD 68 AND THE WEST LINE OF SAID TRACT;THENCE NORTH 15°01'31"WEST ALONG SAID WEST LINE A DISTANCE OF 400.00 FEET; THENCE LEAVING SAID WEST LINE,NORTH 74058'29"EAST A DISTANCE OF 627.12 FEET TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION. 1.2 General Location: A parcel situated near the Southeast corner of North Road 68 and Burns Road,Pasco,Franklin County,WA. 1.3 Propejjy Size: 18.74 Acres(816,314.4 Square feet). 1.4 Applicant: Whitney Churchill/The Neenan Company,3325 S.Timberline Rd, Suite 100,Fort Collins,CO 80525. 1.5 Request:Rezone Columbia Basin Health Association RT to C-I 2. ACCESS: The site has access from Road 68 and shall have access from Burns Road once it is extended as part of the development process. 3. UTILITIES: Municipal water and sewer services are located in Road 68. Z 2021 018 Churchill/The Neenan Co. Page 3 of 9 4. LAND USE AND ZONING: The property is currently zoned RT(Residential Transition). The site is vacant. Surrounding zoning and land uses are zoned and developed as follows: North C-1 &RS-40(County) Food Processing East RT Vacant South RT Vacant West C-1 &R-4 Commercial,Apartments 5. COMPREHENSIVE PLAN: The Comprehensive Plan Land Use Map designates the area "Mixed Residential/Commercial;"the"Mixed Residential/Commercial"designation allows for 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, and neighborhood shopping and specialty centers, business parks, service and office uses.Allowable zoning for the"Mixed Residential/Commercial" land use designation includes the R-1 through R-4,C-1 and O, and Waterfront zones. 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 29 December 2021 for this project under WAC 197-11-158. 7. REQUEST: Whitney Churchill of the Neenan Company, acting on behalf of Columbia Basin Health Association, has submitted an application to rezone Parcels 116030025 and 116030026, located on the southeast corner of Road 68 and Burns Road, from RT (Residential Transition) to C-1 (Retail Business) in anticipation of locating a Community Health Center on the 18.74-acre site. As per Pasco Municipal Code (PMC) 25.15.050 a Community Health Center would fit under the definition of"Community service facilities" of the level one category, which "include, but are not limited to, day-care centers, nursery schools, hospitals, sanitariums, nonprofit community health clinics, governmental and quasi- governmental activities, and related uses which provide similar services for citizens."As per PMC 25.200.020(4) "Unclassified uses" include Community service facilities, levels one and two, as defined in PMC 25.15.050. As such, a Community Health Center would be required to go through the Special Permit process. 8. SITE: The site comprises 18.74 Acres (816,314.4 Square feet) and has frontage access on Road 68, and shall have frontage along Burns Road once it is dedicated and extended as part of the development process. The Comprehensive Plan designates the lot "Mixed Residential/Commercial." The "Mixed Residential/Commercial' designation allows for R-1 through R-4, C-1 and O, and Waterfront zoning and may be developed with Mixed-use residential and commercial uses. Residential density may range from 5 to 29 dwelling units per acre in the "Mixed Residential/Commercial' designated area. The rezone request is consistent with the Comprehensive Plan Land Use Map designation. 9. HISTORY: The site was annexed into the City in 1981 and assigned RT (Residential Transition) zoning in conjunction with the annexation (Ordinance #2388). The site has not been rezoned since. Z 2021 018 Churchill/The Neenan Co. Page 4 of 9 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 conjunction with the 1996 annexation.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 revised Land Use Element of the approved Plan designates the property "Mixed Residential/Commercial." The "Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1 and O, and Waterfront zoning and may be developed with Mixed-use residential and commercial uses. Applicant is requesting C-1 zoning. 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 acts as a "holding pattern," pending appropriate utility and transportation facility development for areas within the Urban Growth Area(UGA). 10.3.2 The rezone application is 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. 10.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 10.4.1 The area consists primarily of agricultural uses surrounded by suburban residential to the east, commercial to the south and southwest, and high- density residential to the west. The rezone application would be consistent with the character of the neighborhood. 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 RT zoning designation the site would likely continue undeveloped and continue as an urban crop circle. 10.6 The Comprehensive Plan land use designation for the property 10.6.1 The Land Use Element of the Plan now designates the lot "Mixed Residential/Commercial." The "Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1 and O, and Waterfront zoning and may be developed with Mixed-use residential and commercial uses. 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. Right of Way dedication and ROW Improvements will be required at the time of development. As well, a traffic impact analysis will likely need to be completed for this development to understand the impacts the development may have on the existing City infrastructure. Z 2021 018 Churchill/The Neenan Co. Page 5 of 9 10.7.2 As per Pasco Municipal Code (PMC)25.15.050 a Community Health Center would fit under the definition of"Community service facilities" of the level one category, which include hospitals and nonprofit community health clinics. As per PMC 25.200.020(4) "Unclassified uses" include Community service facilities, levels one and two, as defined in PMC 25.15.050; as such, a Community Health Center would be required to go through the Special Permit process. 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 January 19,2022. 12. The Applicant wishes to rezone Parcels 116030025 and 116030026 from RT(Residential Transition)to C-1 (Retail Business). 13. The site is located on the southeast corner of Road 68 and Burns Road. 14. Applicant anticipates locating a Community Health Center on the site. 15. The site comprises 18.74 Acres(816,314.4 Square feet). 16. The Site has frontage access on Road 68. 17. The Comprehensive Plan designates the lot"Mixed Res idential/Commercial." 18. The "Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1 and O, and Waterfront zoning. 19. The "Mixed Residential/Commercial" designation may be developed with Mixed-use residential and commercial uses. 20. Residential density may range from 5 to 29 dwelling units per acre in the "Mixed Residential/Commercial"designated area. 21. The rezone request is consistent with the Comprehensive Plan Land Use Map designation. 22. The site was annexed into the City in 1981 and assigned RT(Residential Transition)zoning. 23. The site has not been rezoned since. 24. The existing RT (Residential Transition) zoning acts as a "holding pattern," pending appropriate utility and transportation facility development for areas within the Urban Growth Area(UGA). 25. Right of Way dedication and ROW Improvements will be required at the time of development. 26. A traffic impact analysis will likely need to be completed for this development to understand the impacts the development may have on the existing City infrastructure 27. An open record public hearing after due legal notice was held February 9, 2022 via videoconference. 28. Appearing and testifying on behalf of the applicant was Nieves Gomez. Mr. Gomez testified that he was the CEO of Columbia Basin Health and was an agent authorized to speak on behalf of the property owner and applicant. Mr. Gomez indicated that the Applicant agreed with all representations in the staff report and all of the proposed Conditions of Approval 29. Also testifying on behalf of the Applicant was Whitney Churchill. Ms. Churhill testified that she was also authorized to appear and speak on behalf of the property owner and Applicant. Z 2021 018 Churchill/The Neenan Co. Page 6 of 9 She stated that she was the architect on the project. She indicated that the C-1 zoning was appropriate. 30. No member of the public appeared at the hearing. 31. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 32. 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 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 The "Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1 and O, and Waterfront zoning and may be developed with Mixed-use residential and commercial uses. 1.2 The proposal also aligns with the following Comprehensive Plan Goals and Policies: 1.2.1 Goal LU-1: take deliberate, consistent, and continuous actions to improve the community's quality of life. 1.2.2 Policy LU-1-C: Encourage conservation design with cluster commercial development and discourage strip commercial development. 1.2.3 Goal LU-2: plan for a variety of compatible land uses within the UGA. 1.2.4 Policy LU-2-A: Maintain sufficient land designated to accommodate residential,commercial, industrial, educational,public facility, and open- space uses proximate to appropriate transportation and utility infrastructure. 1.2.5 Policy LU-2-B: Facilitate planned growth within the City limits and UGA and promote infill developments in the City limits through periodic review of growth patterns and market demand within each of the City's land use designations. 1.2.6 Goal LU-6: encourage distinctive quality community and regional commercial and industrial developments that support the city's overall development goals. 1.2.7 Policy LU-6-A: Encourage commercial and higher-density residential uses along major corridors and leverage infrastructure availability. 1.2.8 Policy LU-6-B: Promote efficient and functional neighborhood level and major commercial centers to meet community demand. 1.2.9 Goal ED-2: Assure appropriate location and design of commercial and industrial facilities 1.2.10 Policy ED-2-B Policy: Encourage development of a wide range of commercial and industrial uses strategically located near major transportation corridors or facilities and in close proximity to existing or proposed utility infrastructure while supporting local and regional needs. 1.2.11 Goal ED-3: maintain development standards and design guidelines to ensure that commercial and industrial developments are good neighbors. Z 2021 018 Churchill/The Neenan Co. Page 7 of 9 1.2.12 Policy ED-3-A: Enhance compatibility of commercial and industrial development with residential and mixed-use neighborhoods with appropriate landscaping, screening, building and design standards. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1 The application for rezone is consistent with the Comprehensive Plan Land Use Element. Surrounding uses include agricultural processing to the north, low-density residential to the east, commercial to the south and southwest, and high-density residential to the west across Road 68. Applicant anticipates locating a Community Health Facility on the site. 3. There is merit and value in the proposal for the community as a whole. 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 lot"Mixed Residential/Commercial." 3.3 The "Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1 and O, and Waterfront zoning and may be developed with Mixed-use residential and commercial uses. 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. 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. III. RECOMMENDED DECISION Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner RECOMMENDS APPROVAL that Parcels 116030025 and 116030026, situated on the southeast corner of Road 68 and Burns Road in Pasco, WA, be rezoned from RT(Residential Transition)to C-1 (Retail Business). Dated this 14"'day of February, 2022. Z 2021 018 Churchill/The Neenan Co. Page 8 of 9 CITY OF P S GEXA R Andre . Kottkamp Z 2021 018 Churchill/The Neenan Co. Page 9 of 9