HomeMy WebLinkAboutHE Recommendation Z 2022-014 Vera Acevedo RS-12 to R-1 CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
} CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2022-014 )
Acevedo )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
November 9, 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 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).
1.2 General Location: Said property is situated at 1305 Road 44,Pasco,Franklin County,
WA.
1.3 Property Size: Approximately 2.30 acres(53,895.76 square feet).
1.4 Applicant: Jesus Vera Acevedo, 1305 Road 44, Pasco, WA 99301-2849.
1.5 Re uest: Rezone Parcel 119502057 from RS-12(Low-Density Residential)to R-1
(Low-Density Residential).
2. ACCESS: The parcel has access from Roads 42 and 44.
3. UTILITIES: Municipal water and sewer are available from Roads 42 and 44.
4. LAND USE AND ZONING: The property is currently zoned RS-12(Suburban Residential)
and is developed with a SFDU and two outbuildings. Surrounding properties zoned and
developed as follows:
NORTH RS-12 SFDUs
EAST RS-12 SFDUs
SOUTH RS-12 SFDUs
WEST RS-12 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. Il, page 17)
encourages development of lands designated for low-density residential uses when or where
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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 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.
7. REQUEST:Applicant has submitted a rezone application(Z 2022-014)from RS-12(Low-
Density Suburban Residential)to R-1 (Low-Density Residential),for the South 84 feet of the
Northwest 1/4 of the Northwest 1/4 of the Northeast'/4 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.
8. 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.'
9. 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.
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 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.
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. 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
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RS-12, the applicant may then develop the property with one more single-
family home.
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.
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." R-1 zoning allows for a minimum
lot size of 7,200 square feet.
10.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
10.4.1 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.
10.4.2 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.
10.4.3 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.
10.5 The effect on the property owner or owners if the request is not granted:
10.5.1 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.
10.6 The Comprehensive Plan land use designation for the property
10.6.1 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.
10.7 Such other information as the Hearing Examiner requires
10.7.1 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.
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 October 19,2022.
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12. An open record public hearing after due legal notice was held November 9,2022,with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
13. The Applicant did not appear at the hearing. The Applicant was provided written notice of the
date,place and time of the hearing.
14. The following members of the public testified at the hearing:
14.1 Dave Hurley. Mr. Hurley testified as to his opinion that locating homes next to this
daycare would not be safe for the children at the daycare. He was opposed to this
rezone.
14.2 Cathy Wold. Ms. Wold is opposed to this rezone. She was also opposed to the
daycare. She was concerned that the property would only allow for the development
of small homes and therefore,may impact property values of neighboring properties.
15. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
16. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
U.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:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
1.1 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.
1.2 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.
2.1 The Comprehensive Plan designates the lot"Low-Density Residential."
2.2 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.
3.1 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.
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4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
4.1 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.
5.1 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.
6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
III. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL that the for 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, 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).
Dated this 10th day of November,2022.
CITY F SC HE G EX R
ew L.Kottkamp
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