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HomeMy WebLinkAboutHE Recommendation ZD 2021-003 Oberding & Farm 2005 LLC 2022-02-14 CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED ZD 2021-003 ) CONCLUSIONS OF LAW, Olberding/Farm 2005 LLC ) AND RECOMMENDATION 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 Recommendation as follows: 1. RECOMMENDED FINDINGS OF FACT 1. Applicants: Allen and Sharyl Olberding, c/o James Carmody, 230 S. 2nd St., Ste. 101, Yakima, WA 98907-22680; Farm 2005 LLC, c/o James Carmody, Pro-Made Homes, c/o JF Engineering PLLC, 7500 W. Clearwater, Ste.A, Kennewick, WA 99336. 2. Zoning Determination request: Development of a zoning recommendation for the Olberding&Farm 2005 LLC Annexation of approximately 617.19 acres located north of Burns Road between Road 44 and Convention Drive. 3. Property/Application Description: 3.1 That portion of the Southwest quarter of Section 2 and Section 3,Township 9 North, Range 29 East, W.M., described as follows: Beginning at the Southwest corner of said Section 3; Thence Easterly along the South line of said Section 3 and Section 2 to the Southwesterly line of the Tri- Cities Airport Safety Compatibility Zone 2; Thence Northwesterly along said Southwesterly line of said Zone 2 to the Northwesterly line of said Zone 2; Thence Northeasterly along said Northwesterly line of said Zone 2 to the Northeasterly line of said Zone 2; Thence Southeasterly along said Northeasterly line of said Zone 2 to the East line of the Southwest quarter of said Section 2; Thence Northerly along said East line to the Northeast corner of said Southwest quarter; Thence Westerly along the North line of said Southwest quarter to the Northwest corner of said Southwest quarter,which is also the Northeast corner of the Southeast quarter of said Section 3; Thence Westerly along the North line of said Southeast corner to the Northwest corner of said Southeast quarter, which is also the Southeast corner of Parcel "B"of that Short Plat recorded in Book 2 of Short Plats, Page 386,records of Franklin County, Washington; Thence Northerly along the East line of said Parcel `B"to the Northeast corner of said Parcel "B"; Thence Westerly along the North line of said Parcel`B"to the most Easterly corner of Parcel"A"of said Short Plat; Thence Southwesterly along the Southeasterly line of said Parcel "A"to the most Southerly corner of said Parcel "A";Thence Southerly along the Westerly ZD 2021 003 Olberding/Farm 2005 LLC Page 1 of 9 line of said Parcel`B"to the Southwest corner of said Parcel`B"; Thence Southerly along the Westerly line of the Southwest quarter of said Section 3 to the Point of Beginning. Situated in Franklin County, State of Washington. 3.2 Parcels 114 330 031, 114 330 041, 114 330 042, 114 330 043, 114 330 044, 114 330 046, 114 330 047, 114 330 048, and that portion of parcel 114 250 016 lying within the City of Pasco Urban Growth Area. 3.3 General Location: Approximately 617.19 acres of land north of Burns Road between Road 44 and Convention Drive. 3.4 Property Size: Parcel Taxpayer Name Acres 114250016 Farm 2005 LLC 130.70 114 330 031 Allen&Cheryl Olberding 158.15 114330044 Allen&Cheryl Olberding 40.88 114330042 Allen&Cheryl Olberding 40.89 114330041 Allen&Cheryl Olberding 41.22 114330043 Allen & Cheryl Olberding 40.77 114330047 Pasco School District No. 1 41.49 114330046 Pasco School District No. 1 40.69 114330045 Fred Olberding 41.03 114 330 048 Fred Olberdin 41.38 Total 617.19 4. Access: The site is accessed from Burns Road between Road 44 and Convention Drive along the south property lines and on Clark Road along the north property lines. 5. Utilities: Existing water service is located in Convention Drive, Ochoco Lane, Robert Wayne Drive, Road 60,Rocket Lane, and Road 52, all south of Burns Road.Existing sewer service is located in Ochoco Lane,Robert Wayne Drive,Rocket Lane, and Curlew Lane,all south of Burns Road. Water and sewer availability may be limited until later. 6. Land Use and Zoning: The site is zoned AP-20 (Agricultural Production—County) and is being farmed with irrigation pivots. 7. Surrounding properties are zoned and developed as follows: North: AP-20 (County) Agriculture East: AP-20; RR-1 (County) Agriculture; SFDUs South: R-1;RS-1; RS-1-PUD SFDUs West: AP-20; RR-1; RS-40 (County) Agriculture; SFDUs 8. Comprehensive Plan: The Comprehensive Plan designates the site for Low Density Residential,Medium-Density Residential, Commercial, and Public/Quasi-Public uses (See Comprehensive Plan Map). ZD 2021 003 Olberding/Farm 2005 LLC Page 2 of 9 9. Environmental Determination: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project. A Determination of Non-Significance or a Mitigated Determination of Non-Significance is likely for this application (WAC 197-11-355). 10. On July 19, 2021,the City Council approved a resolution (Resolution 4079) accepting a notice of intent to annex approximately 617.19 acres generally located in the area north of Burns Road between Road 44 and Convention Drive. 11. 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. 12. 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. 13. The purpose of the annexation is to expand primarily residential and commercial opportunities within the City of Pasco's Urban Growth Area(UGA) School facilities are also contemplated on the site. 14. To maintain consistency with current zoning, land uses, utility planning and the Comprehensive Plan, appropriate zoning should be applied to the proposed annexation area. 15. The initial review criteria for considering a rezone application are explained in PMC 25.210.030. The criteria are listed below as follows: 15.1 The date the existing zone became effective: The current zoning was initiated by the County(No known date). 15.2 The changed conditions which are alleged to warrant other or additional zoning: 15.2.1 The property is located within the Pasco Urban Growth Boundary. 15.2.2 The property in question is being annexed to the City of Pasco. 15.2.3 Upon annexation the property will need to be zoned. 15.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 15.3.1 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. 15.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 15.4.1 Applicants have requested C-1 (Retail Business), R-S-20 (Low-Density Residential), R-1 (Low-Density Residential), and R-3 (Medium-Density Residential)zoning for the area. Rezoning the property to C-1, R-S-20, R-1, and R-3 will align closely with the Comprehensive Plan Land Use designations for the area. 15.5 The effect on the property owner or owners if the request is not granted: ZD 2021 003 Olberding/Farm 2005 LLC Page 3 of 9 15.5.1 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, developers, and adjoining property owners. 15.6 The Comprehensive Plan land use designation for the property: 15.6.1 The Comprehensive Plan Land Use Designations for the property include Low Density Residential,Medium-Density Residential, Commercial, and Public/Quasi-Public uses (See Comprehensive Plan Map). 16. The site contains approximately 617.19 acres and is located north of Burns Road between Road 44 and Convention Drive. Contiguous properties to the south were annexed in 1981 (Ordinance 2388), 2002 (Ordinance 3572), and 2006(Ordinance 3788). 17. The parcels are all located within the Urban Growth Area(UGA). Parcels in the proposed annexation area are designated by the Comprehensive Plan map for Low Density Residential, Medium-Density Residential, Commercial, and Public/Quasi- Public uses (See Comprehensive Plan Map). 18. The parcels are all located within the Urban Growth Area(UGA);parcels in the proposed annexation area are designated by the Comprehensive Plan map for Low Density Residential, Medium-Density Residential, Commercial, and Public/Quasi- Public uses(See Comprehensive Plan Map). 19. The southeast portion of Parcel 114250016 is located within the Tri-Cities (PSC) Airport runway 12 glide path, as indicated in the attached"Airport Clear Zones"map, and is subject to more stringent density considerations; as such, it has been excluded from both the proposed annexation and the proposed zoning determination. 20. The Description and Allocation Table of the Comprehensive Plan specifies the following Purposes,Descriptions, and allowed zoning for each Land Use Designation: Classification Purpose and Description Zoning* Low Density Single family residential development at a R-S-20; R-S-12; R-S-1; Residential density of 2 to 5 dwelling units per acre R-1; R-1-A; R-1-A2 Single-family dwellings, patio homes, R-2 through R-4; RP Medium Density townhouses, apartments, and condominiums Residential at a density of 6 to 20 dwelling units per acre Neighborhood,community and regional O; BP; C-1; C-2; C-3; Commercial shopping and specialty centers, business CR parks, service and office uses Schools, civic centers,fire stations and other By Special Permit in all Public and Quasi- public uses districts(except I-3 Public which has various restrictions) ZD 2021 003 Olberding/Farm 2005 LLC Page 4 of 9 21. The proposed annexation area is within the City's service area as identified in the Comprehensive Water and Sewer Plans. 22. The site contains approximately 617.19 acres and is located north of Burns Road between Road 44 and Convention Drive. Contiguous properties to the south were annexed in 1981 (Ordinance 2388),2002(Ordinance 3572), and 2006 (Ordinance 3788). 23. The southeast portion of Parcel 114250016 is located within the Tri-Cities(PSC) Airport runway 12 glide path, as indicated in the attached "Airport Clear Zones"map and is subject to more stringent density considerations; as such, it has been excluded from both the proposed annexation and the proposed zoning determination. 24. The balance of Parcel 114250016 was originally slated for RS-12 zoning. However, on Thursday December 2, 2021 staff received a forwarded zone correction request from Farm 2005 property representative Dave Swisher, as follows: 24.1 "It looks the zoning of R-12 was a mistake on the annexation letter that is being sent out to the public. We would like the prescribed zoning to be R-1 rather than R-12 as we discussed previously. 25. Planning Department staff sent out a revised proposed zoning map as requested. However, in response to the proposed adjustment,staff received an email on Monday December 13, 2021 from Tri-Cities Airport Director Buck Taft pointing out the zoning restrictions found in PMC 25.190.090, as follows: 25.1 Zone 4—Outer Approach/Departure Zone. Prohibited land uses within this zone are: places of public assembly such as churches, except existing churches shall be permitted to expand,schools(K-12), hospitals, shopping centers and other uses with similar concentrations of persons.Residential density is limited to R- 5-20 except south of I-182.All new residential development must include the disclosure statement in PMC 25.190.100 on plats, short plats and binding site plans. 26. As a portion of Parcel 114250016 is located within a Federal Aviation Regulation(FAR) Part 77 obstruction identification surface(OIS)Zone 4—Outer Approach/Departure Zone, as indicated in the attached"Airport Clear Zones"map, and as noted above, allowable zoning in these areas is limited to R-S-20. 27. Because of these updates Planning Department staff has revised the proposed zoning map as follows: 27.1 R-S-20 (Low-Density Residential)within the(FAR)Part 77 OIS Zone 4. 27.2 R-1 (Low-Density Residential)for the balance of Parcel 114250016. 28. Public notice of this hearing was posted in the Tri-City Herald and sent to property owners within 300 feet of the property on November 19, 2021. Due to the continuance of the hearing to February 9, 2022, a second public notice of the hearing was posted on January 7,2022 to owners of the parcels within 300 feet of the proposed site. 29. The City Council approved a resolution (Resolution 4097) to consider a notice of intent to annex on July 19, 2021. ZD 2021 003 Olberding/Farm 2005 LLC Page 5 of 9 30. The proposed annexation area comprises 617.19 acres. 31. The site is located north of Burns Road between Road 44 and Convention Drive. 32. The current zoning was initiated by the County. (No known date). 33. The property is located within the Pasco Urban Growth Boundary. 34. Applicants have requested the following zoning: 34.1 C-1 (Retail Business) 34.2 R-S-20 (Low-Density Residential) 34.3 R-1 (Low-Density Residential) 34.4 R-3 (Medium-Density Residential) 35. Rezoning the property to C-1, R-S-20, R-1, and R-3 will align closely with the Comprehensive Plan Land Use designations for the area. 36. The southeast portion of Parcel 114250016 is located within the Tri-Cities (PSC) Airport runway 12 glide path. 36.1 See the attached revised `Exhibit A" map attached hereto and incorporated herein by this reference. 37. The aforesaid portion of Parcel 114250016 is subject to more stringent density considerations. 38. The aforesaid portion of Parcel 114250016 has been excluded from both the proposed annexation and the proposed zoning determination. 39. A portion of Parcel 114250016 is located within a FAR Part 77 OIS Zone 4. 40. As per PMC 25.190.090, residential density within an OIS Zone 4 is limited to R-S-20 except south of I-182. 41. All new residential development within an OIS Zone 4 must include the disclosure statement in PMC 25.190.100 on plats, short plats, and binding site plans. 42. The Comprehensive Plan Land Use Designations for the property include the following: 42.1 Low Density Residential 42.2 Medium-Density Residential 42.3 Commercial 42.4 Public/Quasi-Public uses. 43. Contiguous properties to the south were annexed in 1981,2002,and 2006. 44. The parcels are all located within the Urban Growth Area(UGA). 45. The Description and Allocation Table of the Comprehensive Plan specifies the following Purposes,Descriptions, and allowed zoning for each Land Use Designation: ZD 2021 003 Olberding/Farm 2005 LLC Page 6 of 9 45.1 Low Density Residential: Single family residential development at a density of 2 to 5 dwelling units per acre; R-S-20, R-S-12,R-S-1, R-1, R-1-A, and R-1-A2 Zoning. 45.2 Medium Density Residential: Single-family dwellings,patio homes, townhouses, apartments,and condominiums at a density of 6 to 20 dwelling units per acre; R-2 through R-4 and RP zoning. 45.3 Commercial:Neighborhood, community and regional shopping and specialty centers, business parks, service and office uses; O, BP, C-1, C-2, C-3, and CR zoning. 45.4 Public and Quasi-Public: Schools, civic centers, fire stations and other public uses; allowed by Special Permit in all districts (except I-3 which has various restrictions). 46. The proposed annexation area is within the City's service area as identified in the Comprehensive Water and Sewer Plans. 47. An open record public hearing after due legal notice was held December 8, 2021 via videoconference. After this hearing was opened, and testimony received, it was continued to January 12,2021. The hearing was later continued to the February 91h 2022 hearing date so as to accommodate the revised notice sent out on January 7"', 2022. 48. Appearing for the Applicant at the December 8, 2021 hearing were the following individuals: 48.1 Caleb Stromstad. Mr. Stromstad testified that he was appearing on behalf of Applicant Oberding only. He indicated that they agreed with the proposed zoning designations and with all representations set forth within the staff report. 48.2 James Carmody. Mr. Carmody testified that he was the agent and attorney for all applicants and property owners. He stated that the applicants agreed with all the zoning recommendations and all representations set forth within the staff report. He noted that the changed circumstances were the Urban Growth Area changes for annexation. 49. Appearing from the public at the December 8, 2021 hearing was the following individual: 49.1 Rosanne Frantz-Gaines. Ms. Frantz-Gaines testified that she was a concerned citizen and was curious as to which uses would be allowed on each zone. 50. At the conclusion of the hearing on December 8, 2021, the Hearing Examiner left the record open until December 30, 2021 to allow time for additional written public comment. 51. The only additional public comment came as an email conversation between staff and Buck Taft,Airport Director of Tri-Cities Airport. ZD 2021 003 Olberding/Farm 2005 LLC Page 7 of 9 52. There was also submitted a recorded document entitled, "Express Grant of an Avigation Easement and Right-of-Way", between Farm 205,LLC and the Port of Pasco. 53. Appearing for the Applicant at the February 9, 2022 hearing was James Carmody. Mr. Carmody spoke in favor of the staff's recommendation, agreeing with the revised staff report. Mr. Carmody wanted to make it clear, and the Hearing Examiner so recommends, that regarding the zone 4 area depicted on Exhibit A, the underlying zoning is recommended to be R-1, subject to the R-20 overlay. Mr. Carmody also indicated that the annexation of this area has already been completed by the City of Pasco, and the annexation ordinance has been adopted. 54. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 55. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. 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 proposal is in accordance with the goals and policies of the Comprehensive Plan. 1.2 Applicants have requested C-1 (Retail Business), R-S-20 (Low-Density Residential), R-1 (Low-Density Residential), and R-3 (Medium-Density Residential) zoning for the area; rezoning the property to C-1, R-S-20, R-1, and R-3 will align closely with the Comprehensive Plan Land Use designations for the area. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1 Zoning the proposed annexation area C-1 (Retail Business), R-S-20 (Low- Density Residential), R-1 (Low-Density Residential),and R-3 (Medium-Density Residential) will cause the site to be consistent with the Comprehensive Plan and compatible with development both existing and taking place to the south. The rezone will complement the existing neighborhoods rather than be a detriment. 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 property should be zoned Low Density Residential, Medium- Density Residential, Commercial, and Public/Quasi-Public uses (See Comprehensive Plan Map). Assigning C-1, R-S-20, R-1, and R-3 zoning will lead to additional housing, convenient shopping, and employment opportunities for Pasco residents. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. ZD 2021 003 Olberding/Farm 2005 LLC Page 8 of 9 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. M. 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 Olberding&Farm 2005 LLC Annexation Area, comprising parcels 114330031, 114330041, 114330042, 114330043, 114330044, 114330046, 114330047, 114330048, and that portion of parcel 114250016 lying within the City of Pasco Urban Growth Area, to the following zoning designations: C-1 (Retail Business), R-S-20 (Low-Density Residential), R-1 (Low-Density Residential), and R-3 (Medium-Density Residential), as depicted on the proposed zoning map ("Exhibit A"). Dated this 11th day of February, 2022. CITYF SCO HEARING EXAMINER r Andrew L.Kottkamp ZD 2021 003 Olberding/Farm 2005 LLC Page 9 of 9 o C) -3 �. 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