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HomeMy WebLinkAbout2022-11-09 Hearing Examiner Packet AGENDA HEARING EXAMINER MEETING City Hall –525 North Third Avenue Council Chambers WEDNESDAY,NOVEMBER 9, 2022 6:00 PM I.CALL TO ORDER II.PUBLIC HEARINGS A.Preliminary Plat/PUD (Continued) Columbia Shores (PP/PUD 2021-002) B.Special PermitVasquez Event Center (SP2022-016) C.RezoneAcevedo R-12 to R-1 (Z2022-014) D.RezoneGerig R-2 to R-4 (Z2022-015) E.Rezone Davidson RS-20 to R-1 (Z2022-016) III.ADJOURNMENT This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.com/psctvlive. Audio equipment available for the hearing impaired; contact staff for assistance. REPORTTO HEARINGEXAMINER PUBLIC HEARING City Hall – 525 NorthThird Avenue – Council Chambers Wednesday 9 November2022 6:00 PM MASTER FILE #:SP 2022-016 APPLICANT:Margarito M. Vasquez Torres 324 N Owen Ave Pasco, WZ 99301 REQUEST: SPECIAL PERMIT: Event center at 2302 E Lewis St (Parcel 113900048) BACKGROUND 1.PROPERTY DESCRIPTION: Legal: PTN 28-9-30 DAF; N 248.71' OF W 228.71 OF NW4NW4SE4 (Parcel 113900048). General Location: 2302 E Lewis Street. Property Size: Approximately49,857square feet or 1.14acres. 2.ACCESS: Access to the site is available from E Lewis Street. 3. UTILITIES: The site isconnected to municipal water and sewer. 4.LAND USE AND ZONING: The site is zoned C-1 (Retail Business). The site is developed with one commercial structure. Surrounding properties zoned as follows: North: C-3 Autobody shop East: R-3 SFDU’s South: R-2 Vacant land and SFDU’s West: C-1 vacant commercial land 5.COMPREHENSIVE PLAN: TheComprehensive Plan designates this area forcommercialuses. Elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off-street parking and other development.Land Use Policy LU-1-B calls for the City to “enhance the physical appearance of development within the community through land use regulations, design guidelines, and performance and maintenance standards including landscaping, screening, building facades, color, signs, and parking lot design and appearance.” Land Use Policy LU-6-C similarly directs the City to ensure “attractive hubs for activity by maintaining and applying design standards and guidelines that will enhance the built environment of each community.” Economic Development Policy ED-2-B counsels the city to “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.” 6.ENVIRONMENTAL DETERMINATION: The City ofPasco is the lead agency for this project.Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination ofNon-Significance (DNS) is anticipated to be issued for this project byNovember 14th, 2022, under WAC 197-11-158. 1 ANALYSIS Proposal Margarito M Vasquez Torres, has submitted a special permit application (SP 2022-016) for an event center, for 2302 E Lewis Street, PTN 28-9-30 DAF; N 248.71' OF W 228.71 OF NW4NW4SE4 (Franklin County Tax Parcel 113900048), in Pasco WA. Site The proposed event center would be located on the south portion of the 1.14-acre site on the southeast corner of E Lewis Street and S Cedar St. History The site was annexed into the City of Pasco in 1979 (Ordinance 2042) and assigned I-1 (Industrial) zoning per Resolution 1209. The site was rezoned in 1994 (Ordinance 3033) to R-2 (Medium Density Residential) and again in 2013 (Ordinance 4114) to C-1 (Retail Business) The area has been gradually converted from farming and vacant land into residential housing. The area is mixed between commercial uses such as the autobody shop to the north, and residential to the east and south. The property has an existing 2520 square foot building that was built in 1970 Discussion The City of Pasco population has grown to over 80,000, according to the most recent Office of Financial Management estimate. Population growth has created a demand for event centers. According to PMC 25.15.060 D definitions, “Dance hall” means an enclosed space where public dances are held and where alcohol and/or food may be sold. Using this definition “Event Centers” can be classified under the rubric of “dance halls and night clubs,” which according to PMC 25.85.040(6) require review via the Special Permit process in the C-1 Zoning District. Pasco Municipal Code 25.185.170(1) requires one parking space for four fixed seats based upon maximum seating capacity or at least one space for every 10 lineal feet of bench seating, or places with no fixed seating, one space for every 100 square feet of floor area. The lot contains sufficient room for more parking spaces. INITIAL STAFF FINDINGS OF FACT Findings of Fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1.Public notice of this hearing was sent to property owners within 300 feet of the property and the Tri- City Herald on 19 October 2022. 2.Applicant wishes to locate an event center at 2302 E Lewis St. 3.The proposed event center would be located on the south portion of the 1.14-acre site 4.The site is located along the corner of E Lewis St and S Cedar St. 2 5.The site is in a commercial area. 6.The site was annexed into the City of Pasco in 1979 (Ordinance 2042). 7.The area has been gradually developed from farming and vacant land to residential and commercial. 8.Several commercial uses are located nearby. 9.In 1970 a 2,520-square-foot building was developed on the south side of the lot. 10.The event center would be utilizing the building on the southern portion of the lot. 11.According to PMC 25.85.040(6) dance halls require a special permit in a C-1 zone. 12.“Dance hall” means an enclosed space where public dances are held and where alcohol and/or food may be sold” per PMC 25.15.060 D definitions. 13.“Event Centers” can be classified with “dance halls and night clubs,” 14.Per OFM estimates, Pasco’s population has grown to over 80,000. 15.Population and residential growth have created a demand for event centers. 16.PMC 25.185.170(1) requires one parking space for every 100 square feet of floor area 17.The total parking requirement would be 252 spaces, for a 2520 square-foot event center. 18.There are currently 13 parking stalls. 19.The lot contains sufficient room for more parking spaces. 20.The maximum permissible noise level must not exceed the EDNA outlined in PMC 9.130.040 TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed plat the Hearing Examiner must develop findings of fact from which to draw its conclusion (PMC 25.200.080 and 25.200.100) therefrom as to whether or not: 1.Will the proposed use be in accordance with the goals, policies, objectives, and text of the Comprehensive Plan? The Comprehensive Plan indicates the site is intended for Commercial uses. Elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off-street parking and other development. Land Use Policy LU-1-B calls for the City to “enhance the physical appearance of development within the community through land use regulations, design guidelines, and performance and maintenance standards including landscaping, screening, building facades, color, signs, and parking lot design and appearance.” Land Use Policy LU-6-C similarly directs the City to ensure “attractive hubs for activity by maintaining and applying design standards and guidelines that will enhance the built environment of each community.” Economic Development Policy ED-2-B counsels the city to “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.” 2.Will the proposed use adversely affect public infrastructure? Public streets and utilities are in place to serve the property. Utilities surrounding the site have been designed and constructed to accommodate commercial uses. The proposed facility is located near two major arterial streets that are capable of handling significant traffic. 3.Will the proposed use be constructed, maintained, and operated to be in harmony with existing or intended character of the general vicinity? 3 The existing/intended character of the general vicinity is commercial, vacant land and residential to the southwest. Applicant is proposing to use an existing structure for the event center. Special Permit conditions may include a requirement to maintain the facility and grounds in a professional manner. 4.Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The Applicant is proposing to use an existing structure for an event center. The existing/intended character of the general vicinity is commercial and residential mixed. Location of an event center may discourage the further development of permitted residential uses in the general vicinity or impair the value thereof. 5.Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? Operation of the event center will create a greater degree noise, vibrations, traffic, and flashing lights than the operation existing commercial uses within the district. 6.Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? Event center operation will create similar levels of public health and/or safety risk and/or nuisance conditions as the operation of any other permitted uses within the district. PROPOSED APPROVAL CONDITIONS 1)The special permit shall apply to Parcel 113900048. 2)The applicant shall obtain any required approval for applicable City development review. 3)Parking requirements shall be met as per PMC 25.185.170(1). 4)The grounds of the proposed Event Center shall be screened as per PMC 25.180.040, and subsequently maintained in a professional manner at all times. 5)Code compliant accessibility and egress shall be maintained at all times. 6)Code compliant fire sprinkler and fire alarm systems shall be provided and maintained in accordance with NFPA 25 requirements. 7)The building shall be retrofitted with noise buffering materials. 8)The building and grounds of the event center shall be developed to city standards and maintained in a professional manner. 9)The applicant or assigns shall maintain all necessary Washington State and City of Pasco licenses. 10)The Event Center shall be administratively reviewed annually for noise, nuisance, and safety concerns. 11)The special permit shall be null and void if the above conditions are not met. RECOMMENDATION Staff recommends approval of a Special Permit for the location of an event center at 2302 E Lewis St (Parcel 113900048), Pasco WA with conditions as herein proposed. 4 REPORT TO HEARING EXAMINER PUBLIC HEARING City Hall – 525 North Third Avenue – Remote WEDNESDAY, 9 November2022 6:00 PM MASTER FILE #:Z 2022-014 APPLICANT:Jesus Vera Acevedo 1305 Road 44 Pasco, WA 99301-2849 REQUEST: REZONE: RezoneParcel 119502057fromRS-12 (Low-Density Residential) to R-1 (Low-Density Residential) BACKGROUND 1.PROPERTY DESCRIPTION: Legal:The South 84 feet of the Northwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 26, Township 9 North, Range 29 East, WM, Records of Franklin County, Except Roads (Franklin County Tax Parcel #119502057). General Location:Said property is situated at 1305 Road 44, Pasco, Franklin County, WA. Property Size: Approximately 2.30 acres (53,895.76 square feet) 2.ACCESS: The site has access from Roads 42 and 44. 3.UTILITIES:Municipal water and sewer areavailable from both Roads 42 and 44. 4.LAND USE AND ZONING: The property is currently zoned RS-12 (Suburban) and is developed with a SFDU and two outbuildings. Surrounding properties zoned and developed as follows: NORTHRS-12 SFDUs EASTRS-12 SFDUs SOUTHRS-12 SFDUs WESTRS-12 SFDUs 5.Comprehensive Plan:TheComprehensive 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 usesection 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. Policy LU-3-B encourages infill and density including planned-unit-developments to protect open space and critical areas and provide 1 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, 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 23 September 2022, under WAC 197-11-158. ANALYSIS Request Applicant has submitted a rezone application (Z 2022-014) from RS-12 (Low-Density Residential) to R-1 (Low-Density Residential), for the South 84 feet of the Northwest ¼ of the Northwest ¼ of the Northeast ¼ of Section 26, Township 9 North, Range 29 East, located at 1305 Road 44 (Parcel 119502057), located along Road 44 just north of West Marie Street. The rezone is intended to facilitate a 5-lot subdivision. Site The site is located at 1305 Road 44, in a low-density residential neighborhood about 580 feet south of the intersection of Road 44 and West Court Street. West Court Street is an arterial street. The site is long and narrow (641.63’ X 84’), with frontages on both Roads 42 and 44. Property lines extend into the right-of- way in both roads, and would need to be dedicated in conjunction with a short plat, thus reducing the length of the lot by approximately 20’ on each end to around 601.’ History The site was annexed into the City of Pasco in 1996 (Ordinance 3144) as part of the Riverview Annexation Area #3 and assigned RS-12 zoning in conjunction with the annexation (Ordinance 3145). The site is developed with a 1,456 square-foot SFDU and two outbuildings. The home was built in 1948. A Daycare Facility Special Permit (SP 2022-007) was approved for the site on 22 September 2022. 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: 1. The date the existing zone became effective: The site was annexed to the City of Pasco in 1996 (Ordinance 3144) and assigned RS-12 zoning (Ordinance 3145) in conjunction with the annexation. The zoning has not changed since the annexation. 2. The changed conditions, which are alleged to warrant other or additional zoning: The property is considered “infill” property as development has occurred around it. Water and sewer services have been developed in both Roads 42 and 44 which front the site to the east and west, respectively. Due to Pasco’s rapid population increase, developing the remaining infill properties around the City has 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 one more single-family home. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: 2 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 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.” R-1 zoning allows for a minimum lot size of 7,200 square feet. 4.The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: The surrounding neighborhood is a variety of different shaped and sized lots, ranging from 8,856 (in the 1970 Sam Clemens subdivision) to 13,000+ square feet. Rezoning from RS-12 to R-1 would allow for a 5-lot subdivision and development of 5 new homes on what is now a mostly vacant lot. There is insufficient lot width to reasonably accommodate a public street right-of-way; in order to fully utilize the long, narrow site. Applicant desires to invoke the provisions of PMC 21.20.060 “Lots without public street frontage,” which, among other things, includes an allowance for a private, shared access road. 5. The effect on the property owner or owners if the request is not granted: With the current RS-12 zoning the property owner could subdivide the lot (current 53,896 minus R-O-W dedication on each end) into 4 parcels of approximately 12,621 square feet each. One building lot would be lost. 6. The Comprehensive Plan land use designation for the property: The Comprehensive Plan designates the site “Low-Density Residential.” The “Low-Density Residential” designation allows for R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zoning and may be developed with Single family residential development at a density of 2 to 5 dwelling units per acre. 7. Such other information as the Hearing Examiner requires: No rights-of-way have been dedicated around the site; rights-of-way would need to be dedicated at the frontages of both Road 42 and 44 in conjunction with any future development. The resulting parcel would be around 50,484 square feet. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1.Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri-City Herald on October 19, 2022. 2.Applicant wishes to rezone 1305 Road 44 (Parcel 119502057) from RS-12 (Low-Density Residential) to R-1 (Low-Density Residential). 3.The site is located along Road 44 just north of West Marie Street. 4.The rezone is intended to facilitate a 5-lot subdivision. 5.The site is located about 580 feet south of the intersection of Road 44 and West Court Street. 6.West Court Street is an arterial street. 7.The site is long and narrow (641.63’ X 84’), with frontages on both Roads 42 and 44. 3 8.Property lines extend into the right-of-way in both roads Roads 42 and 44. 9.No rights-of-way have been dedicated around the site. 10.Rights-of-way would need to be dedicated at the frontages of both Road 42 and 44 in conjunction with any future development. 11.The resulting parcel would be around 50,484 square feet. 12.The site was annexed into the City of Pasco in 1996 (Ordinance 3144) as part of the Riverview Annexation Area #3 13.The site was assigned RS-12 zoning in conjunction with the annexation (Ordinance 3145). 14.The site is developed with a 1,456 square-foot SFDU and two outbuildings. 15.The home was built in 1948. 16.A Daycare Facility Special Permit (SP 2022-007) was approved for the site on 22 September 2022. 17.The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. 18.The property is considered “infill” property as development has occurred around it. 19.Water and sewer services have been developed in both Roads 42 and 44 frontages. 20.The Comprehensive Plan designates the property “Low-Density Residential.” 21.The site may be zoned RS-20, RS-12, RS-1, R-1, or R-1-A. 22.The Low-Density Residential designation includes “Residential development at a density of 2 to 5 dwelling units per acre.” 23.R-1 zoning allows for a minimum lot size of 7,200 square feet. 24.The surrounding neighborhood contains lots, ranging from 8,856 to 13,000+ square feet. 25.There is insufficient lot width to reasonably accommodate a public street right-of-way. 26.Applicant may use PMC 21.20.060 for a private, shared access road. 27.The lot may be subdivided into 4 parcels of approximately 12,621 square feet each with the current RS-12 zoning the property. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT 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. The Comprehensive Plan designates the lot “Low-Density Residential.” The “Low-Density Residential” designation allows for R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zoning and may be developed with Single family residential development at a density of 2 to 5 dwelling units per acre. The proposal is consistent with the Comprehensive Plan Land Use Map and Comprehensive Plan Policy Land Use Goals; H-1 Encourages housing for all economic segments of the city’s population. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The Comprehensive Plan designates the lot “Low-Density Residential.” The Low-Density Residential designation allows for R-S-20, R-S-12, R-S-1, R-1, and/or R-1-A zoning district. The proposed rezone is consistent with the Comprehensive Plan; As such, this proposal will not be materially detrimental to any future nearby developments. 3. There is merit and value in the proposal for the community as a whole. The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council. Based on past experience with rezoning underutilized land adjacent to existing subdivisions, the proposed rezone will not negatively impact adjoining properties. 4 Rezoning the property will assist with the implementation of the Comprehensive Plan. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The Pasco Municipal Code includes design standards for residential development. Furthermore, with a rezone the area would need to be short-platted to meet current City subdivision standards. If or when applicants pursue the development of this property, they will be required to conform to subdivision and design standards established by the PMC. 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. If or when applicants pursue the development of this property, they will be required to conform to subdivision and design standards established by the PMC. No Concomitant Agreement is considered necessary for this application. RECOMMENDATION Staff recommends based on the Findings of Fact and Conclusions herein that the for the South 84 feet of the Northwest ¼ of the Northwest ¼ of the Northeast ¼ of Section 26, Township 9 North, Range 29 East, located at 1305 Road 44 (Parcel 119502057), located along Road 44 just north of West Marie Street, Franklin County WA, be rezoned from RS-12 (Low-Density Residential) to R-1 (Low-Density Residential). 5 Qspqfsuzup cfsf{pofe SHORT PLAT ____________ NW 1/4 OF THE NE 1/4 SECTION 26, TOWNSHIP 09NORTH, RANGE 29 EAST, WM, CITY OF PASCO,FRANKLIN COUNTY, WASHINGTON AUDITOR'S CERTIFICATE 9807 SF LOT : 5 9450 SF LOT : 4 SURVEYOR'S CERTIFICATE 9450 SF LOT : 3 T E E F 0 08 N 1" = 40 FEET GRAPHIC SCALE 20 04 9870 SF LOT : 2 11970 SF LOT : 1 LEGEND SHEET 2 OF 2 SHORT PLAT ____________ NW 1/4 OF THE NE 1/4 SECTION 26, TOWNSHIP 09NORTH, RANGE 29 EAST, WM, CITY OF PASCO,FRANKLIN COUNTY, WASHINGTON APPROVALSAUDITOR'S CERTIFICATE CITY OF PASCO NOTES 600 FEET 300 N 1" = 300 FEET GRAPHIC SCALE 150 00 SURVEYOR'S CERTIFICATE BASIS OF BEARING LEGEND PUD NOTE IRRIGATION DISTRICT VICINITY SHEET 1 OF 2 ORIGINAL DESCRIPTIONOWNER'S CERTIFICATE ACKNOWLEDGEMENT SITE REPORT TO HEARING EXAMINER PUBLIC HEARING City Hall – 525 North Third Avenue – Remote WEDNESDAY, 9 November2022 6:00 PM MASTER FILE #:Z 2022-015 APPLICANT:David and Diane Gerig 1809 Rd 57 Kennewick, WA 99301 REQUEST:REZONE: GerigRezonefrom R-2 (Medium-Density Residential) to R-4 (High-Density Residential) BACKGROUND 1.PROPERTY DESCRIPTION: Legal: Parcel119351283 2503 W Park Street roperty is located on the north side of W Park StreetbetweenN 24th General Location:Said p th AvenueN 26Avenue, Pasco, Franklin County, WA. ximately 1.17acres (51,178square feet) Property Size: Appro 2.ACCESS: The parcel hasaccess fromW Park Street. 3.UTILITIES:Municipal water and sewerare available onW Park Street. 4.LAND USE AND ZONING: The siteis zoned R-2 (Medium-Density Residential) andhas a residential dwelling on it. Surrounding properties are zoned and developed as follows: NORTH: R-2 SFDU’s EAST: R-2 SFDU’s SOUTH: R-2; R-3 SFDU’s and apartments WEST: R-1-A2 SFDU’s and apartments 5.Comprehensive Plan:The Comprehensive Plan designates this site as“Medium-Density Residential”; the “Medium-Density Residential” designation allows for R-2 through R-4 and RP zoning, and single-family dwellings, patio homes, townhouses, apartments, and condominiums are all appropriate for this area. Residential density may range from 6 to 20 dwelling units per acre. 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 1 Non-Significance (DNS) was issued on 23 September 2022 for this project under WAC 197-11- 158. ANALYSIS Request David and Diane Gerig have submitted a rezone application (Z 2022-015) from R-2 (Medium Density Residential) to R-4 (High Density Residential), for land in Section 25, Township 9, Range 29, Pasco, Franklin County, WA (Parcel 119351283) located at 2503 W Park Street, Pasco WA. Site The site comprises approximately 1.17 acres (5,1178 square feet) and has a multi-family housing unit on it and is surrounded by R-2/R-3 zoning. History The site was annexed into the City in 1977 (Ordinance 1833) and assigned R-2 (Medium Density Residential) zoning in conjunction with the annexation. An existing, 7,166 square foot residential multi-family unit was built in 1995 on the south portion of the lot. 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: 1. The date the existing zone became effective: The site was assigned R-2 (Medium Density Residential) zoning in conjunction with the 1977 annexation. 2. The changed conditions, which are alleged to warrant other or additional zoning: The site is considered “infill” property as development has occurred around it. The “Medium-Density Residential” designation allows for R-2 through R-4 and RP zoning and may be developed with single-family dwellings, patio homes, townhouses, apartments, and condominiums. Residential density may range from 6 to 20 dwelling units per acre in the “Medium-Density Residential” designated area. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: 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. The rezone would allow for residential density between 6 to 20 dwelling units per acre. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: A change in zoning classification may ultimately result in the development of single-family dwellings, patio homes, townhouses, apartments, and/or condominiums, all of which are appropriate for this land use designation, in alignment with the Land Use Element of the Comprehensive Plan. The rezone application is consistent with and meets the intent of the goals and policies of the Comprehensive Plan. 2 5. The effect on the property owner or owners if the request is not granted: If the site remains with the current zoning designations the site would likely continue to remain underdeveloped for a while, as the property does not front on an arterial street, and residential demand is currently outpacing development in the area. 6. The Comprehensive Plan land use designation for the property The Land Use Element of the Comprehensive Plan designates the lot “Medium-Density Residential.” The “Medium-Density Residential” designation allows for R-4 zoning and may be developed with single- family dwellings, patio homes, townhouses, apartments, and/or condominiums, all of which would be appropriate for this area. 7. Such other information as the Hearing Examiner requires The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals on housing. The opportunity for additional higher-density residential uses in this area supports the Land Use Element of the Comprehensive Plan. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1.Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri-City Herald on 19 October, 2022. 2.Applicant wishes to rezone a site located on the north side of W Part Street from R-2 to R-4. 3.The site comprises approximately 1.17 acres. 4.The site has a multi-family unit on it. 5.The Comprehensive Plan designates the site “Medium-Density Residential.” 6.“Medium-Density Residential” allows for R-2 through R-4 and RP zoning. 7.“Medium-Density Residential” allows for single-family dwellings, patio homes, townhouses, apartments, and condominiums. 8. “Medium-Density Residential” allows for Residential density from 6 to 20 dwelling units per acre. 9.The site was annexed into the City in 2001 (Ordinance 3462) 10.The site was assigned R-2 (Medium-Density Residential) zoning in conjunction with the annexation. 11.The site is considered “infill” property as development has occurred around it. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT 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. The “Medium-Density Residential” designation allows for R-4 zoning and may be developed with townhouses and apartments. Residential density may range from 6 to 20 dwelling units per acre in the “Medium-Density Residential” designated area. 3 The proposal also aligns with the following Comprehensive Plan Goals and Policies: Land Use Policy LU-4-A: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. Housing Goal H-1: Encourage housing for all economic segments of the city’s population consistent with the local and regional market. Housing Policy H-1-A: Allow for a full range of housing including single family homes, townhouses, condominiums, apartments, manufactured housing, accessory dwelling units, zero-lot-line, planned unit developments, etc. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The “Medium-Density Residential” designation allows for R-4 zoning and may be developed with single- family dwellings, patio homes, townhouses, apartments, and/or condominiums. The application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property. The proposal will not be materially detrimental to the immediate vicinity. The development would be cohesive with the multi-units developed to the south of the property. 3. There is merit and value in the proposal for the community as a whole. The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council. Based on past experience with rezoning underutilized land adjacent to existing subdivisions, the proposed rezone will not negatively impact adjoining properties. Rezoning the property will assist with the implementation of the Comprehensive Plan. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 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. The Design and Construction Standards require a Traffic Study for proposals that generate 25 or more peak hour trips. 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. If or when applicants pursue the development of this property, they will be required to conform to subdivision and design standards established by the PMC. No Concomitant Agreement is considered necessary for this application. RECOMMENDATION Staff recommends based on the Findings of Fact and Conclusions herein, that portions of land in Township 9 North, Range 29 Section 25 East, Pasco, Franklin County, WA located at 2503 W Park Street (Parcel 119351283) be rezoned from R-2 (Medium Density Residential) to R-4 (High Density Residential). 4 REPORT TO HEARING EXAMINER PUBLIC HEARING City Hall – 525 North Third Avenue – Remote WEDNESDAY, 9 November2022 6:00 PM MASTER FILE #:Z 2022-016 APPLICANT:Michael Davidson th 1310 N 5Avenue Pasco, WA 99301 REQUEST: REZONE: RezoneParcel 118611039from R-S-20 (Suburban District) to R-1 (Low-Density Residential) BACKGROUND 1.PROPERTY DESCRIPTION: Legal:TheEast 132' of the South 330' of the Southeast ¼ of the Southeast ¼ of the Southwest ¼ of Section 22, Township 9 North, Range 29 East WM, Records of Franklin County, Except the South 36 feet thereof deeded to Franklin County under Auditor's File No. 394215 (Parcel #118611039). General Location:6007 West Court Street; Saidproperty is situated on the northwest corner of Road 60 and West Court Street, Pasco, Franklin County, WA. Property Size: Approximately .75acres (32,456.45square feet) 2.ACCESS: The site has access from West Court Street and Road 60. 3.UTILITIES:Municipal water isavailable from both West Court Street and Road 60; there is no sewer service available to the site; the closest sewer service is approximately 1,785 feet to the west along West Court Street. 4.LAND USE AND ZONING: The property is currently zoned R-S-20 (Suburban) and is developed with a Single-Family Dwelling Unit (SFDU) and two outbuildings. Surrounding properties zoned and developed as follows: NORTH R-S-20 SFDUs EAST R-S-20 VACANT, SFDUs SOUTH C-1 VACANT WEST R-S-20 SFDUs 1.Comprehensive Plan:The Comprehensive Plan indicates the site is intended for Mixed Residential/Commercial uses. The Mixed Residential/Commercial designation allows for a combination of mixed-use residential and commercial in the same development, including single- family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service and office uses are also encouraged in this Land Use designation. Allowable zoning for Mixed Residential/Commercial includes R-1 through R-4, C-1, O, and Waterfront. Land Use Policy LU-4-F similarly suggests the City “Support mixed use, smart growth, infill, and compact developments with transit and pedestrian amenities that promote a healthy community.” 1 2.ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, 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 20 October 2022, under WAC 197-11-158. ANALYSIS Request Applicant has submitted an application to rezone the East 132' of the South 330' of the Southeast ¼ of the Southeast ¼ of the Southwest ¼ of Section 22, Township 9 North, Range 29 East WM, Records of Franklin County, (6007 West Court Street; Parcel 118611039) from R-S-20 (Suburban District) to R-1 (Low-Density Residential). The rezone is intended to facilitate a 2-lot subdivision. Site The site is located at 6007 West Court Street, in a primarily residential neighborhood on the northwest corner of Road 60 and West Court Street. West Court Street is an arterial street. Property lines extend into the rights-of-way of both West Court Street and Road 60 and would need to be dedicated in conjunction with a short plat. History The site was annexed into the City of Pasco in 2012 (Ordinance 4077) as part of the Riverview Annexation Area #2 and assigned R-S-20 zoning in conjunction with the annexation (Ordinance 4078). The site is developed with a 1,700 square-foot SFDU and two outbuildings. The home was built in 1941. 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: 1. The date the existing zone became effective: The site was annexed to the City of Pasco in 2012 (Ordinance 4077) and assigned R-S-20 zoning (Ordinance 4078) in conjunction with the annexation. The zoning has not changed since the annexation. 2. The changed conditions, which are alleged to warrant other or additional zoning: The property is considered “infill” property as development has occurred around it. Water service has been developed in both West Court Street and Road 60; no sewer service is available to the site;the closest sewer service is approximately 1,785 feet to the west along West Court Street. Another line may be found south of the site around 1,859 feet away in Road 62. 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. However, sewer is not yet available to the site.As sewer is not yet available to the site, it is not advisable to rezone to R-1 at this time. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: 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 Comprehensive Plan indicates the site is intended for Mixed Residential/Commercial uses. The Mixed Residential/Commercial designation allows for a combination of mixed-use residential and commercial in 2 the same development, including single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service and office uses are also encouraged in this Land Use designation. Allowable zoning for Mixed Residential/Commercial includes R-1 through R-4, C-1, O, and Waterfront.. Water service has been developed in both West Court Street and Road 60. However, no sewer service is available to the site; the closest sewer service is approximately 1,785 feet to the west along West Court Street. Another line may be found around 1,859 feet south of the site in Road 62. 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. As sewer is not yet available to the site, it is not advisable to rezone to R-1 at this time. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: Rezoning from R-S-20 to R-1 would allow for a 2-lot subdivision and development of another new home on the north end of the site. Per PMC 16.15.010, City water and/or sewer service connection to the lot(s), parcel(s) or tract(s) of land sought to be developed shall be a prerequisite to the issuance of a development permit. No development permit shall be issued without compliance with this section except as stated in this chapter. As noted above, no sewer service is available to the site; the closest sewer service is approximately 1,785 feet to the west along West Court Street. Per PMC 16.15.050 The (sewer connection) prerequisite requirements for a development permit stated in PMC 16.15.010 may be waived by: (1) Approval of the City Council by majority vote at any regular meeting or administrative approval as contained in subsection (2) of this section, upon such forms as they shall deem necessary to enable them to make specific findings of fact as to why a waiver should be granted. All such waivers must be applied for in writing on a form or forms to be supplied by the City of Pasco and all denials of such waiver shall also be in writing and state specific findings upon which the denial is based. The grant of a waiver may be reasonably conditioned and any such conditions shall be in writing, signed by the owner of the land, recorded and run with the land. Such conditions may include but shall not be limited to the following: (a) A specific period of exception; (b) Required participation in future public sewer and/or water service extension by L.I.D. or other means; (c) The signing by the owner of the property of a hold harmless and/or indemnity agreement in favor of the City of Pasco. (2) Administrative approval of the City Manager or designee for waiver of sewer utility connections provided the property for which the waiver is requested meets the following conditions: (a) Must be of adequate size, soil type, slope and other conditions to meet the Benton-Franklin Health District requirements for on-site septic systems and replacement drain fields and must receive final approval from the District for the on-site system; (b) Must be greater than 200 feet from an existing municipal sewer service line or must be dependent on the provision of future sewer infrastructure to receive sewer service – such as additional line or treatment facility capacity, lift stations or similar components; 3 Waiver criteria are listed in PMC 16.15.060. Neither Council nor administrative approval for exemption has been sought by applicant. A development permit will not be issued for this project as currently proposed. The Benton-Franklin Health District requires a minimum of 12,500 square feet of useable area per lot in the most suitable soil conditions and up to 22,000 square feet in a clay loam soil for a septic system. With appropriate rights-of-way dedicated, the remaining lot size would be around 28,082 square feet. 5. The effect on the property owner or owners if the request is not granted: With the current R-S-20 zoning the property owner could not subdivide the lot (currently 32,439.73 square feet). 6. The Comprehensive Plan land use designation for the property: The Comprehensive Plan indicates the site is intended for Mixed Residential/Commercial uses. The Mixed Residential/Commercial designation allows for a combination of mixed-use residential and commercial in the same development, including Single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service and office uses are also encouraged in this Land Use designation. Allowable zoning for Mixed Residential/Commercial includes R-1 through R-4, C-1, O, and Waterfront. 7. Such other information as the Hearing Examiner requires: No rights-of-way have been dedicated around the site; rights-of-way would need to be dedicated at the frontages of both West Court Street and Road 60 in conjunction with any future development. The resulting parcel would be around 28,082 square feet. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1.Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri-City Herald on October 19, 2022. 2.Applicant wishes to rezone Parcel 118611039 from R-S-20 (Suburban District) to R-1 (Low-Density Residential). 3.The rezone is intended to facilitate a 2-lot subdivision. 4.The site is located at 6007 West Court Street. 5.The site is in a primarily residential neighborhood. 6.The site is located on the northwest corner of Road 60 and West Court Street. 7.West Court Street is an arterial street. 8.Property lines extend into the rights-of-way of both West Court Street and Road 60. 9.Rights-of-Way would need to be dedicated in conjunction with a short plat. 10.The site was annexed into the City of Pasco in 2012 (Ordinance 4077) as part of the Riverview Annexation Area #2 11.The site was assigned R-S-20 zoning in conjunction with the annexation (Ordinance 4078). 12.The site is developed with a 1,700 square-foot SFDU and two outbuildings. 13.The home was built in 1941. 14.The property is considered “infill” property as development has occurred around it. 15.Water service has been developed in both West Court Street and Road 60 16.No sewer service is available to the site 4 17.The closest sewer service is approximately 1,785 feet to the west along West Court Street. 18.Another sewer service line may be found south of the site around 1,859 feet away in Road 62. 19.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 a.when or where sewer is available, b.the location is suitable for home sites, and c.there is a market demand for new home sites. 20.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. 21.The Comprehensive Plan designates the property “Mixed residential/commercial.” 22.Mixed residential/commercial may be zoned R-1 through R-4, C-1, O, and Waterfront. 23.Mixed residential/commercial designation includes “Residential development at a density of 2 to 5 dwelling units per acre.” 24.R-1 zoning allows for a minimum lot size of 7,200 square feet. 25.Per PMC 16.15.010, City water and/or sewer service connection to the lot(s), parcel(s) or tract(s) of land sought to be developed shall be a prerequisite to the issuance of a development permit. 26.Per PMC 16.15.010, No development permit shall be issued without compliance with this section except as stated in this chapter. 27.Per PMC 16.15.050 The (sewer connection) prerequisite requirements for a development permit stated in PMC 16.15.010 may be waived by: a.Approval of the City Council by majority vote at any regular meeting or b.administrative approval 28.Administrative approval for waiver of sewer utility connections of the City Manager or designee may be granted, provided the property for which the waiver is requested meets the following conditions: a.(a) Must be of adequate size, soil type, slope and other conditions to meet the Benton- Franklin Health District requirements for on-site septic systems and replacement drain fields and must receive final approval from the District for the on-site system; b.(b) Must be greater than 200 feet from an existing municipal sewer service line or must be dependent on the provision of future sewer infrastructure to receive sewer service – such as additional line or treatment facility capacity, lift stations or similar components; 29.Waiver criteria are listed in PMC 16.15.060. 30.Neither Council nor administrative approval for exemption has been sought by applicant. 31.The Benton-Franklin Health District requires a minimum of 12,500 square feet of useable area per lot in the most suitable soil conditions and up to 22,000 square feet in a clay loam soil for a septic system. 32.With appropriate rights-of-way dedicated, the remaining lot size would be around 28,082 square feet. 33.With the current R-S-20 zoning the property owner could not subdivide the lot. 34.A development permit will not be issued for this project as currently proposed. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT 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: 5 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The Comprehensive Plan indicates the site is intended for Mixed Residential/Commercial uses. The Mixed Residential/Commercial designation allows for a combination of mixed-use residential and commercial in the same development, including Single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service and office uses are also encouraged in this Land Use designation. Allowable zoning for Mixed Residential/Commercial includes R-1 through R-4, C-1, O, and Waterfront. The proposal is consistent with the Comprehensive Plan Land Use Map and Comprehensive Plan Policy Land Use Goals; Land Use Policy LU-4-F similarly suggests the City “Support mixed use, smart growth, infill, and compact developments with transit and pedestrian amenities that promote a healthy community.”. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The Comprehensive Plan indicates the site is intended for Mixed Residential/Commercial uses. The Mixed Residential/Commercial designation allows for a combination of mixed-use residential and commercial in the same development, including Single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service and office uses are also encouraged in this Land Use designation. Allowable zoning for Mixed Residential/Commercial includes R-1 through R-4, C-1, O, and Waterfront; As such, this proposal will not be materially detrimental to any future nearby developments. 3. There is merit and value in the proposal for the community as a whole. The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council. Based on past experience with rezoning underutilized land adjacent to existing subdivisions, the proposed rezone will not negatively impact adjoining properties. Rezoning the property will assist with the implementation of the Comprehensive Plan. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The Pasco Municipal Code includes design standards for residential development. Furthermore, with a rezone the area would need to be short-platted to meet current City subdivision standards. If or when applicants pursue the development of this property, they will be required to conform to subdivision and design standards established by the PMC. No special conditions are proposed. A development permit will not be issued for this project as currently 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. If or when applicants pursue the development of this property, they will be required to conform to subdivision and design standards established by the PMC. No Concomitant Agreement is considered necessary for this application. RECOMMENDATION Staff recommends based on the Findings of Fact and Conclusions herein that the East 132' of the South 330' of the Southeast ¼ of the Southeast ¼ of the Southwest ¼ of Section 22, Township 9 North, Range 29 East WM, Records of Franklin County, Except the South 36 feet thereof deeded to Franklin County under Auditor's File No. 394215 (6007 West Court Street; Parcel #118611039), located on the northwest corner of Road 60 and West Court Street, Pasco, Franklin County, WA, be rezoned from R-S-20 (Suburban District) to R-1 (Low-Density Residential). 6 Jeff Adams From:Mary-Beth Carnaghan <mcarnaghan@yahoo.com> Sent:Friday, October 28, 2022 11:26 AM To:Jeff Adams Subject:Rezoning Application for 6007 West Court St \[Youdon'toftengetemailfrommcarnaghan@yahoo.com.Learnwhythisisimportantat https://aka.ms/LearnAboutSenderIdentification\] \[NOTICE:ThismessageoriginatedoutsideofCityofPascoDONOTCLICKonlinksoropenattachmentsunlessyouare surethecontentissafe.\] HelloJeff, Thanksforspeakingwithmetoday.AsrequestedIamsendingyouanemailaboutmyobjectionstorezoningof6007 WestCourtSt. Myprimaryobjectionisthatrezoningopensupthepossibilityofuseforlightcommercialusesuchasagasstation. ThiswouldimpactourneighborhoodwithmorenoiseandtrafficonWestCourtStreetandroad60,whichalreadyis opposite6007WestCourtStreet. strugglingwithincreasedtrafficwiththelargedevelopmentonRoad60 Itwouldalsoincreaseriskofgroundsoilcontaminationtosurroundinghouses,manyofwhich,likemyself,have gardens. Itwouldalsolowerourpropertyvalues,asnolongerastrictlyresidentialneighborhood. Inorderforthepropertytoberezoneditwouldrequirecappingwell,andputtingitoncitywater,andaddingnew septic,whichwouldagaincausedisruptionandnoiseandrequirepipestobebroughtunderRoad60,requiringroad againbeingtornup,andmorejackhammerworkwhichaffectsmyŷƚǒƭĻ͸ƭfoundationsagain. Mr.Davidsonhassofarshownnoregardforimpactofhispropertyrenovationsontheneighborhood,andhas undertakensignificantprojectswithoutproperpermits,orregardtobuildingcodes,ornoiseandimpacton neighborhood. InAugust,helistedthepropertyas2separatelotsperForSalesignsontheexistingproperty,eventhoughithasnot beensubdivided,andnorthendofpropertyhaswellandthusnosepticsystem,andhousewouldthenhavenowater fromwell.Ifeelthisagaindemonstrateshewoulddevelopnewpropertieswithrezoningwithoutduediligence,or concernfortheirproperdevelopment. ThanksforyourtimeandattentioninthismannerMaryBethCarnaghanandGregGaleski 6013WestCourtStreet Pasco,WA99301 SentfrommyiPhone 1