HomeMy WebLinkAboutHE Recommendation Z 2022-006 Peake Contractors RS-12 to R-1 Rezone CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2022-006 )
Peake Contractors,LLC )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
August 10, 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 Le al: The North 1 '/z Acres of the West %of the Southwest '/4 of the Northeast'/4 of
the Southeast'/4 of Section 23,Township 9 North,Range 29 East W.M.within the
City of Pasco,Franklin County, Washington(Parcel#119132055).
1.2 General Location: 2025 Road 40,Pasco, WA 99301.
1.3 Property Size: Approximately 1.5 acres(65,370.68 square feet).
1.4 Applicant: Peake Contractors LLC, Rudd McClory,2297 Monrency Dr.,Richland,
WA 99352
1.5 Request Rezone the parcel addressed 2025 Rd.40 (Parcel 119132055)from RS-12
(Suburban)to R-1 (Low-Density Residential).
2. ACCESS: The parcel has access from Roads 39 and 40 and West Ella Street.
3. UTILITIES:Municipal water and sewer are available in both Roads 39 and West Ella Street.
4. LAND USE AND ZONING: The lot is zoned RS-20 (Suburban) and is developed with a
single family dwelling unit. Surrounding properties are zoned and developed as follows:
North: R-12 SFDUs
East: RS-12 SFDUs
South: RS-1 (Recently Rezoned) SFDU
West: RS-20 (County)SFDUs
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for low-
density residential development.According to the Comprehensive Plan, low-density
residential development means 2 to 5 dwelling units per acre. The criteria for allocation under
the future land use section of Volume II of the Comprehensive Plan(Vol. lI,page 17)
encourages development of lands designated for low-density residential uses when or where
sewer is available,the location is suitable for home sites, and there is a market demand for
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new home sites. Policy H-1-E encourages the advancement of home ownership,and Goal H-2
suggests the City strive to maintain a variety of housing options for residents of the
community. Goal LU-2 encourages the maintenance of established neighborhoods and the
creation of new neighborhoods that are safe and enjoyable places to live.Policy LU-3-B
encourages infill and density including planned-unit-developments to protect open space and
critical areas and provide recreational areas and amenities in support of more intensive,
walkable neighborhoods: The proposed subdivision will infill a(mostly)vacant lot.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the SEPA checklist(SEPA 2020-072),the adopted City Comprehensive
Plan, City development regulations, and other information, a threshold determination
resulting in a Determination of Non-Significance (DNS)was issued for this project on 13
June 2022 under WAC 197-11-340(2). This DNS was not appealed.
7. REQUEST: Rudd McClory, on behalf of Peake Contractors LLC, has applied to change the
zoning designation of a 1.5-acre parcel addressed at 2025 Rd. 40, from RS-12 (Suburban)to
R-1 (Low-Density Residential) to facilitate a future 6-lot subdivision of the property. Per
PMC 25.35 (RS-12 Suburban District), the minimum area of all newly created parcels within
this district is 12,000 square feet. Taking into consideration the required right-of-way to be
dedicated on Roads 39 and 40, and West Ella Street,the parcel has a potential fbr 3 building
lots under the RS-12 zoning designation; by contrast, the R-1 zoning district only requires a
7,200 square-foot minimum lot size, which would allow for 6 potential building lots. An
undeveloped 1.5-acre parcel in RS-12 could typically result in up to five lots meeting the
minimum lot size. However, with the ROW dedication requirement the developable area
would be reduced to around 45,152 square feet(approximately 1.04 acres).
8. SITE: The site consists of approximately 1.5 acres and is developed with one single-family
dwelling along Road 40. No rights-of-way have been dedicated along the three adjoining
streets. with the ROW dedication requirement, the developable area would be reduced to
around 1.04 acres.
9. HISTORY: The site was annexed into the City (ORD # 3675), and RS-12 zoning was
assigned (Ordinance 3676) in 2004. The parcel directly to the south was recently rezoned
from RS-12 to RS-1 (10,000-square-foot lot minimum)to accommodate a large garage which
bisects the property north-to-south. The property had been a chronic nuisance from around
2004 up to its recent sale, accumulating a series of liens for property maintenance code
violations.
10. REZONE CRITERIA: The initial review criteria for considering a rezone application are
explained in PMC 25.88.030. The criteria are listed below as follows:
10.1 The date the existing zone became effective:
10.1.1 The current RS-12 zoning classification was established in 2004 (Ordinance
3676). The County zoning designation prior to the annexation was RS-20.
10.2 The changed conditions,which are alleged to warrant other or additional zoning:
10.2.1 The property is considered "infill" property as development has occurred
around it. The parcel directly to the south was recently rezoned from RS-12
to R-S-1 (10,000-square-foot lot minimum). Due to Pasco's rapid population
increase, developing the remaining infill properties around the City has
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become crucial to accommodate future growth. By rezoning the property to
R-1 which permits the creation of lots at a greater density than RS-12, the
applicant may then develop the property with more single-family homes to
serve the population.
10.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
10.3.1 The proposed zoning request is consistent with the 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 could lead
to the creation of a 6-lot single-family residential subdivision providing
housing and job opportunities for Pasco residents. The property had been a
chronic nuisance from around 2004 up to its recent sale, accumulating a
series of liens for property maintenance code violations. It is hoped that
subdivision and development of new homes on the site will increase the
desirability of the property as well as the public health, safety, and general
welfare.
10.3.2 The Comprehensive Plan designates the property "Low-Density Residential."
As such, the site may be zoned RS-20, RS-12, RS-1, R-1, or R-1-A. The
Low-Density Residential designation includes "Residential development at a
density of 2 to 5 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 An undeveloped 1.5-acre parcel in RS-12 could typically result in up to five
lots meeting the minimum lot size. For this project, a rezoning will allow for
a six-lot short plat. A plat of approximately 1.5 acres with 6 residential lots
would align with the goals and policies of the Comprehensive Plan, which
allows the proposed R-1 zoning designation under the "Low Density
Residential"designation of the site.
10.4.2 The property had been a chronic nuisance from around 2004 up to its recent
sale, accumulating a series of liens for property maintenance code violations.
It is hoped that subdivision and development of new homes on the site will
increase the desirability of the property.
10.5 The effect on the property owner or owners if the request is not granted:
10.5.1 With the street ROW dedications, the property owners would only be able to
subdivide and develop at a density of 3 low-density residential lots without
the rezone as opposed to 6 with a rezone.
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 July 12,2022.
12. Applicant wishes to change the zoning of a parcel at 2025 Rd. 40 from RS-12 to R-1.
13. The site consists of approximately 1.5 acres.
14. The Comprehensive Plan designates the property"Low-Density Residential."
15. The Low-Density Residential designation includes "Residential development at a density of 2
to 5 dwelling units per acre."
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16. "Low-Density Residential"maybe zoned RS-20, RS-12,RS-1,R-1, or R-1-A.
17. Minimum lot size for the RS-12 zone is 12,000 square feet.
18. RS-12 zoning would allow a 3-lot subdivision.
19. Minimum lot size for the R-1 zone is 7,200 square feet.
20. R-1 zoning would allow a 6-lot subdivision.
21. Applicant plans to subdivide the property into six lots.
22. The Site is developed with one single-family dwelling along Road 40.
23. No rights-of-way have been dedicated along the three adjoining streets.
24. The site was annexed into the City in 2004.
25. The County zoning designation prior to the annexation was RS-20.
26. RS-12 zoning was assigned as part of the annexation.
27. The parcel directly to the south was recently rezoned from RS-12 to R-S-1.
28. The property is considered"infill"property as development has occurred around it.
29. An open record public hearing after due legal notice was held August 10, 2022,with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
30. Appearing and testifying on behalf of the applicant was Stephen Bauman. Mr. Bauman
testified that he was an agent of the Applicant and property owner and authorized to testify on
their behalf. He indicated that he was in agreement with the representations set forth in the
staff report.
31. Testifying from the public were the following individuals:
31.1 Mike Price. Mr. Price indicated that he represented his neighbors and submitted a
petition from 16 neighbors opposing the rezone. They think that allowing a zone that
will allow for six lots is too many and they think that three would be preferred. This
petition and its attachment were admitted into the record.
31.2 Kim Chamberlain. Ms. Chamberlain agreed with the testimony of Mr. Price. She
lives across the street from the property and has significant traffic concerns with a
higher density zoning.
31.3 Dan O'Neil. Mr. O'Neil testified that he was in support of the rezone and that the
proposed new zone does not have a dramatic increase in density.
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.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:
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1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
1.1 The proposal is in accordance with the Comprehensive plan; The Comprehensive
Plan indicates the site is intended for low-density residential development. R-1
zoning is one of the zones permitted in this land use classification. The criteria for
allocation under the future land use section of Volume II of the Comprehensive Plan
(Vol. II, page 17) encourages development of lands designated for low-density
residential uses when or where sewer is available, the location is suitable for home
sites, and there is a market demand for new home sites. Policy H-1-E encourages the
advancement of home ownership, and Goal H-2 suggests the City strive to maintain a
variety of housing options for residents of the community. Goal LU-2 encourages the
maintenance of established neighborhoods and the creation of new neighborhoods
that are safe and enjoyable places to live.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 The Comprehensive Plan designates the property"Low-Density Residential."As such,
the site may be zoned RS-20, RS-12, RS-1, R-1, or R-1-A.
3. There is merit and value in the proposal for the community as a whole.
3.1 There is merit in increasing housing opportunities available in those areas currently
served by municipal utilities. Development of the property would eliminate a
possible fire hazard created by the accumulation of weeds on the property and would
eliminate the potential of blowing dust that impacts the surrounding residential
neighborhood. The City is revising its Urban Growth Area (UGA) as part of the
Comprehensive Plan Update. The UGA update will likely be smaller than current
projections for low-density residential growth as developed in the past would allow;
as such, more residential lots are needed within the current UGA.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
4.1 No special conditions are proposed.
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. The proposed rezone is consistent with the Pasco Comprehensive Plan.
8. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
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III. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL that the parcel at 2025 Road 40 (Parcel 4119132055), described as
The North 1 '/2 Acres of the West '/2 of the Southwest '/4 of the Northeast 1/4 of the Southeast 1/4 of
Section 23 Township 09 North, Range 29 East W. M. within the City of Pasco, Franklin County,
Washington, be rezoned from RS-12 to R-1.
Dated this 23rd day of August,2022.
CITY F ASCO HEARING
--� / MINER
A rew L. Kottkamp
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