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
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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).
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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:
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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)
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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.
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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:
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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.
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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.
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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
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