HomeMy WebLinkAboutHE Recommendation Z 2022-017 Montez R-2 to R-4 CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2022-017 )
Montez )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
December 14, 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 Northwest '/4 of the Northwest'/4 of the Southeast'/4 of Section 28,
Township 9 North Range 30 East WM., Except the North 338.71 feet(131 South
Cedar Avenue; Parcel 113900066).
1.2 General Location: Said property is located along South Cedar Avenue about a block
south of East Lewis Street,Pasco, Franklin County, WA.
1.3 Property Size: Approximately 4.86 acres(211,510.79 square feet).
1.4 Applicant: 427 S Cedar LLC c/o Edward&Elizabeth Montez, 1917 Howell Avenue,
Richland WA 99354.
1.5 Request: Rezone from R-2 (Medium-Density Residential)to R-4 (High-Density
Residential).
2. ACCESS: The parcel has access from South Cedar Avenue.
3. UTILITIES: Municipal water and sewer are available on South Cedar Avenue.
4. LAND USE AND ZONING: The site is zoned R-2(Medium-Density Residential)and has a
residential dwelling on it. Surrounding properties are zoned and developed as follows:
North: R-3 Vacant, apartments
East: R-2 Vacant
South: R-3 Lot-line duplexes and apartments
West: R-1-C-1 SFDU's, vacant
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
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Plan,applicable regulations,and other information,a threshold determination resulting in a
Determination of Non-Significance(DNS)or Mitigate Determination of Non-Significance
(MDNS)is anticipated for this project under WAC 197-11-158.
7. REQUEST: Edward and Elizabeth Montez have submitted a rezone application(Z 2022-
017)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 113900066)located
at 131 South Cedar Avenue,Pasco WA.
8. SITE: The site comprises approximately 4.86 acres(5,1178 square feet)and is vacant.
9. HISTORY: The site was annexed into the City in 1994 (Ordinance 3033) and assigned R-2
(Medium Density Residential)zoning in conjunction with the annexation.
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 assigned R-2 (Medium Density Residential) zoning in
conjunction with the 1994 annexation(Ordinance 3033).
10.2 The changed conditions,which are alleged to warrant other or additional zoning:
10.2.1 The site is considered "infill" property as development has occurred around
it.
10.2.3 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.
10.2.4 Residential density may range from 6 to 20 dwelling units per acre in the
"Medium-Density Residential" designated area.
10.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
10.3.1 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.
10.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
10.4.1 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.
10.4.2 The rezone application is consistent with and meets the intent of the goals
and policies of the Comprehensive Plan.
10.5 The effect on the property owner or owners if the request is not granted:
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1.5.1 If the site remains with the current zoning designations the site would likely
continue to remain undeveloped or developed at a much lower density.
10.6 The Comprehensive Plan land use designation for the property
10.6.1 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.
10.7 Such other information as the Hearing Examiner requires
10.7.1 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.
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 December 6,2022.
12. An open record public hearing after due legal notice was held December 14,2022,with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
13. Neither the Applicant, nor a representative, appeared at the hearing. The Applicant was given
written notice of the date, place, and time of the hearing.
14. Testifying from the public was Linda Thong. Ms. Thong lives next to the subject property.
She stated that there is a retaining wall and wanted to know if it would be impacted. The
Hearing Examiner advised Ms. Thong that as part of this rezone request, there would be no
development of the property, and therefore, no impact to the retaining wall. If the rezone is
approved, at the time a project is submitted for review, then property surrounding the
retaining wall may be discussed. The Hearing Examiner advised Ms. Thong to remain
vigilant throughout the process.
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 "Medium-Density Residential" designation allows for R-4 zoning and may be
developed with townhouses and apartments.
1.2 Residential density may range from 6 to 20 dwelling units per acre in the "Medium-
Density Residential" designated area.
1.3 The proposal also aligns with the following Comprehensive Plan Goals and Policies:
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1.4 Land Use Policy LU-4-A: Encourage infill and higher density uses within proximity
to major travel corridors and public transportation service areas.
1.5 Housing Goal H-1: Encourage housing for all economic segments of the city's
population consistent with the local and regional market.
1.6 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.
2.1 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.
2.2 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.
2.3 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.
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 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.
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 portions of land in Section 25, Township 9, Range 29, Pasco,
Franklin County, WA (Parcel 113900066) located at 131 South Cedar Avenue) be rezoned from R-2
(Medium Density Residential)to R-4(High Density Residential).
Dated this 16th day of December,2022.
CITY,49F,O,PASCO RING EXAMINER
drew L.Kottkamp
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