HomeMy WebLinkAbout4608 Ordinance - Peake Contractors Rezone RS-12 to R-1 (Z 2022-006) - RecordedFRANKLIN COUNTY RECORDING
COVER SHEET
NAME AND RETURN ADDRESS:
City of Pasco
525 N. Third Avenue
Pasco, WA 99301
AFN # 1966545 ORDIN
09/21/2022 01:28 PM
10 Page(s) $212.50
Matt Beaton , Auditor
Franklin Co., WA
FORM COMPLETED BY: Krystle Shanks PHONE# (509) 544-3096 --------------PL EASE PRINT OR TYPE INFORMATION :
DOCUMENT TITLE(S) (or transaction contained therein)
1. Ordinance No . 4608
2. Z 2022-006
3.
GRANTOR(S) (Last name, first name, middle name/initials):
1. Citv of Pasco
2.
3.
4. D Additional names on page of document
GRANTEE($) (Last name, first name, middle name/initials):
1. Peake Contractors
2. Rudd McClorv
3.
4. D Additional names on page of document
LEGAL DESCRIPTION (Abbreviated : ie.lot, block, plat or section, township, range)
23-29-09, N 1 1/2 AC W2SW4NE4SE4 23-9-29 LESS CO ROAD
D Additional legal is on page of document
AUDITOR'S REFERENCE NUMBER($)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
119-132-055
D Additional parcel numbers on page of document
The Auditor/Recorder will rely on the information provided on this form . The staff will not read the
document to verify the accuracy or completeness of the indexing information
EMERGENCY NONSTANDARD REQUEST
I am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in
RCW 36.18.010 . I understand that the recording processing requirements may cover up or otherwise
obscure some part of the text of the original document.
Signature Date
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. 4608
AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED AT 2025 ROAD 40, IN SECTION 23,
TOWNSHIP 9 NORTH, RANGE 29 EAST W.M. PASCO, WASHINGTON
FROM RS-12 TO R-1.
WHEREAS, Rudd McClory, acting on behalf of Petitioner, Peake Contractors LLC, the
petitioner seeks to rezone Parcel No. 119132055, located at 2025 Road 40, Pasco, Washington;
and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of 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 August 10, 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) any impacts of the rezone application and
anticipated development are adequately mitigated by the regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; ( e) a concomitant
agreement is not required under these circumstances; and (t) the proposed rezone is consistent with
and satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner 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 reference as Exhibit A.
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 RS-12
Ordinance Rezone Z 2022-006 Peake Contractors -I
(Suburban) to R-1 (Low-Density Residential), for the real property as shown in the Exhibit B
attached hereto and described as follows:
The North 1 ½ Acres of the West½ of the Southwest¼ of the Northeast¼ of the
Southeast ¼ of Section 23 Township 09 North, Range 29 East W. M. (Parcel
#119132055).
Comprising Approximately 1.5 acres.
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 19th day of September,
2022.
Cr~:1 ~. ✓
t-1\<tl,,Ni/ Blanche Barajas
f--., 1 Mayor
ATTEST:
~lg.~ St!t1o.!A: ~ arham, CMC
City Clerk
Published:
Ordinance Rezone Z 2022-006 Peake Contractors -2
APPROVED AS TO FORM:
CITY OF PASCO HEARJNG EXAMINER
IN THE MATTER OF
Z2022-006
Peake Contractors, LLC
)
)
)
)
)
)
RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
THIS MA TIER 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 Legal: The North 1 ½ Acres of the West ½ of the Southwest ¼ of the Northeast ¼ of
the Southeast¼ 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 Re quest: 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. II, page 17)
encourages development oflands 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
22022 006
Peake Contractors, LLC
Page 1 of 6
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 for 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. IDSTORY: 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-I (I 0,000-sqilare-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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Peake Contractors, LLC
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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.l 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 of2 to 5 dwelling units per acre."
I 0.4 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.
I 0.4.2 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.l 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" may be 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:
Z2022 006
Peake Contractors, LLC
Page4 of6
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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Page 5 of6
ID. 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 #119132055), described as
The North 1 ½ Acres of the West ½ of the Southwest ¼ of the Northeast ¼ of the Southeast ¼ 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.
L.Kottkamp
Z2022 006
Peake Contractors, LLC
Page6 of6
Item: Rezone RS-12 to R-1 N
"Exhibit B" Applicants : Rudd McClory c/o Peake Contractors, LLC
File #: Z 2022-006 A
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