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HomeMy WebLinkAboutHE Recommendation Z 2022-016 Davidson RS-20 to R-1 CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION Z 2022-016 ) Davidson ) 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 Leal: The East 132'of the South 330'of the Southeast'/4 of the Southeast'/4 of the Southwest '/4 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). 1.2 General Location: 6007 West Court Street; Said property is situated on the northwest corner of Road 60 and West Court Street,Pasco,Franklin County, WA. 1.3 Property Size: Approximately.75 acres(32,456.45 square feet) 1.4 Applicant: Michael Davidson, 1310 N 5`b Avenue,Pasco, WA 99301 1.5 Request: Rezone Parcel 118611039 from R-S-20 (Suburban District)to R-1 (Low- Density Residential). 2. ACCESS: The site has access from West Court Street and Road 60. 3. UTILITIES:Municipal water is available 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 5. 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, Z 2022 016 Davidson Page 1 of 7 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." 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 October 20, 2022, under WAC 197-11-158. 7. REQUEST: The Applicant submitted an application to rezone the East 132'of the South 330' of the Southeast'/o of the Southeast'/o of the Southwest'/o 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. 8. 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. 9. 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. 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 2012 (Ordinance 4077) and assigned R-S-20 zoning (Ordinance 4078) 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 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 may not be advisable to rezone to R-1 at this time. Z 2022 016 Davidson Page 2 of 7 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 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. 10.3.3 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. 10.3.4 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 stated above, because sewer is not yet available to the site, it may not be advisable to rezone to R-1 at this time. 10.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 10.4.1 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. 10.4.2 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. 10.4.3 Per PMC 16.15.050 The (sewer connection) prerequisite requirements for a development permit stated in PMC 16.15.0 10 may be waived by: 10.4.3.1 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 Z 2022 016 Davidson Page 3 of 7 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: 10.4.3.1.1. A specific period of exception; 10.4.3.1.2 Required participation in future public sewer and/or water service extension by L.I.D. or other means; 10.4.3.1.3 The signing by the owner of the property of a hold harmless and/or indemnity agreement in favor of the City of Pasco. 10.4.3.2 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: 10.4.3.2.1 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; 10.4.3.2.2 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. 10.4.4 Waiver criteria are listed in PMC 16.15.060. Neither Council nor administrative approval for exemption has been sought by applicant. Staff indicated that a development permit will not be issued for this project as currently proposed. 10.4.5 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. 10.5 The effect on the property owner or owners if the request is not granted: 10.5.3 With the current R-S-20 zoning the property owner could not subdivide the lot (currently 32,439.73 square feet). 10.6 The Comprehensive Plan land use designation for the property 10.6.1 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. 10.7 Such other information as the Hearing Examiner requires Z 2022 016 Davidson Page 4 of 7 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 West Court Street and Road 60 in conjunction with any future development. The resulting parcel would be around 28,082 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. 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 Appearing and testifying on behalf of the applicant was Michael Davidson. Mr. Davidson testified that he was the Applicant and property owner. Mr. Davidson testified that he bought the property approximately one year ago. He was advised by his real estate agent that the property could be subdivided. He indicated that the lot to be created by this rezone would be approximately 14,000 sq.ft. and septic should be allowed. He stated there is City water to the site. He stated that he will use the property to develop one single family residence. He indicated that the well on the property would be abandoned. 14 The following members of the public testified at the hearing: 14.1 Maria Valdez. Ms. Valdez agreed with Mr. Davidson's proposal. She indicated that the rezone was good for the community in that it would allow the development of a new, affordable home. 14.2 In response, Mr. Davidson testified that he agreed with Ms. Valdez. There is no affordable housing in this area and his intent was to develop the property with an affordable house. 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. 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: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. 1.1 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. 1.2 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 Z 2022 016 Davidson Page 5 of 7 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. 2.1 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. 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. 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. 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. 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 East 132' of the South 330' of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 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 4118611039), 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). Because sewer is not yet available to the site, and staffs opinion was that it was not advisable to rezone to R-1 at this time, and because staff further indicated that a Z 2022 016 Davidson Page 6 of 7 4)uAS RING E ER rew L.Kottkamp