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HomeMy WebLinkAbout4733 Ordinance - Alvarado Rezone from RS-20 to R-1 (Z 2024-003) - RECORDEDOrdinance Rezone Z 2024-003 - Alvarado Place - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. 4733 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN LOT 1, SHORT PLAT NO. 94-7 (AT 9903 WEST COURT STREET) PASCO, FRANKLIN COUNTY, WASHINGTON FROM RS- 20 TO R-1 WHEREAS, Cody Fielding, on behalf of Haven Capital, LLC, the petitioner seeks to rezone Parcel No. 118292143, located at 9903 West Court Street, Pasco, Washington; and WHEREAS, a complete and adequate petition for change of zoning classification meeting the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City of Pasco (City) and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon such petition on August 14, 2024; and WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and value in the proposal for the community as a whole; (d) any impacts of the rezone application and anticipated development will be mitigated by the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant agreement is not required under these circumstances; and (f) the proposal is consistent with and satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to approve the rezone, which findings and recommendation are hereby adopted by the City Council, and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Hearing Examiner has recommended to approve the rezone, which findings and recommendation are hereby adopted by the City Council, and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A, and that the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from RS-20 (Suburban District) to R-1 (Low-Density Residential District), for the real property as shown in the Exhibit B attached hereto and described as follows: SHORT PLAT 94-7 LOT 1, ALONG WITH THE 20-FOOT RIGHT-OF-WAY LOCATED ALONG THE EASTERN PROPERTY LINE OF SAID LOT 1 OF SHORT PLAT 94-7 LOCATED AT 9903 W COURT STREET (PARCEL 118292143) IN THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 9 NORTH AND RANGE 29 EAST IN PASCO, WA. Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 4. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this 7th day of October, 2024. APPROVED AS TO FORM: ___________________________ Kerr Ferguson Law, PLLC City Attorneys _____________________________ Pete Serrano Mayor ATTEST: _____________________________ Debra Barham, MMC City Clerk Published: Sunday, October 13, 2024 Ordinance Rezone Z 2024-003 - Alvarado Place - 2 IN THE MATTER OF Z 2024-003 Alvarado Place Rezone CITY OF PASCO LAND USE HEARING EXAMINER ) ) ) ) RECOMMENDED FINDINGS OF FACT, RECOMMENDED CONCLUSIONS OF LAW,AND RECOMMENDED DECISION TI-US MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on August 14, 2024, the Hearing Examiner having taken evidence hereby submits the following Findings of Fact, Conclusions of Law, Decision and Conditions of Approval as follows: I.RECOMMENDD FINDINGS OF FACT 1.Cody Fielding, on behalf of Haven Capital, LLC submitted a rezone application (Z 2024-003) from RS-20 (Suburban District) to R-1 (Low-Density Residential District), for Lot 1 of Short Plat No. 94-7, a 3.17-acre site located approximately 300 feet east of the intersection of Road 100 and West Comt Street at 9903 West Court Street (Parcel 118292143), Pasco, Franklin County, WA. 2.Applicant simultaneously submitted applications for a 14-Lot Preliminary Plat (PP 2024-005) and a Right-of-Way Vacation (VAC 2024-003) for the 20-foot Right-of-Way located along the eastern prope1ty line of Lot 1 of Short Plat 94-7. 3.Current zoning of the site is RS-20, which requires a 20,000-foot minimum lot size; as the lots in the proposed Preliminary Plat average 7,938 square feet, with a range between 6,000 and 14,451 square feet, the rezone would be prerequisite to approval of the plat. Furthermore, as the proposed Preliminary Plat density includes the proposed 20-foot Right-of-Way area, approval of the preliminary plat as proposed is contingent upon the vacation. Finally, the vacated right-of-way would need to be included in the rezone, as it is part of the proposed plat. The vacation has been presented to City Council and is scheduled to be considered at their September 16, 2024, meeting. 4.PROPERTY DESCRIPTION: 4.1. Legal: Lot 1, Short Plat No. 94-7, according to the Survey thereof, recorded under Auditor's File Number 509860, records of Franklin County, Washington. 4.2. General Location: Located at 9903 West Court Street (Parcel 118292143) in the northwest quarter of Section 20, To wnship 9 North, Range 29 East, WM., in Pasco, WA 99301. 4.3. Property Size: Approximately 3.17 acres (137,994.48 square feet) 4.4. ACCESS: The parcel has access from West Court Street. 4.5. UTILITIES: Municipal water and sewer are available in West Court Street. 4.6. LAND USE AND ZONING: The site is zoned RS-20 (Suburban District) and is developed with a 1980 1 O' X 66' singlewide manufactured home and a utility building. Surrounding properties are zoned and developed as follows: 4.6.1.NORTH: RS-20 Single-Family Dwelling Units (SFDUs) Z 2024-003 Alvarado Place Rezone Page 1 of 8 Exhibit "A" 4.6.2.E AST: RS-20 SFDUs 4.6.3.SOUTH: RS-20 SFDUs, City of Pasco Park 4.6.4. WEST: RS-20 Vacant; SFDUs 4.7. Comprehensive Plan: Per Pasco Municipal code (PMC) 25.215.015, the Comprehensive Plan designates this site as Low-Density Residential. The Low-Density Residential designation accommodates a diverse range of housing at a density of 3 to 6 dwelling units per acre, and allows R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-l-A2 zones. 4.8. ENVIRONMENTAL DETERMINATION: The City of Pasco is the SEPA lead agency for this project (SEPA 2024-024). Based on the State Environmental Policy Act ("SEPA") checklist, Comprehensive Plan, applicable regulations, and other information, a final threshold determination resulting in a Mitigated Determination ofNon-Significance (MDNS) was issued for this project on July 1, 2024, under WAC 197-11-158. The mitigation required in the MDNS is as follows: 4.8.1.A professional archaeological survey of the project area must be conducted, and a report be produced prior to ground disturbing activities. This report should meet Department of Archaeology & Historic Preservation (D AHP) standards for cultural resource reporting (D AHP Project Tracking Code: 2024-05-03706.2) 4.8.2.The applicant must properly abandon/decommission any unused wells and must submit abandonment reports to Washington State Department of Ecology, as described in WAC 173- 160-381. This includes resource protection wells and any dewatering wells installed during the construction phase of the project. 4.9. The final threshold determination was not appealed. 5.The site was annexed into the City in 2015 (Ordinance 4222) and assigned RS-20 (Suburban District) zoning (Ordinance 4221) in conjunction with the annexation. At the time of annexation, the area was part of the unincorporated West Pasco "donut hole," which was developed with over 400 dwellings units, two schools, a large church, a major electrical substation, a seminary building and a veterinarian clinic. 6.The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 6.1. The date the existing zone became effective: 6.1.1. The site was designated RS-20 (Suburban District) zoning in conjunction with the 2015 annexation. 6.2. The changed conditions, which are alleged to warrant other or additional zoning: 6.2.1. The site is currently zoned RS-20, which requires a 20,000-square-foot minimum lot size. Higher density infill development is proposed, thus necessitating the rezone. 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-20, the applicant may then develop the property with more single-family homes to serve the population. 6.2.2. On January 24, 2022, Council approved Ordinance 4575, amending the Zoning code, including Pasco Municipal Code (PMC) 25.45 relating to the R-1 zoning district. The approved ordinance changed the purpose of the R-1 zone found in PMC 25.45. 010, as follows: "The R-1 low density residential district is established to provide a low-to medium- Z 2024-003 Alvarado Place Rezone Page 2 of8 density residential environment compliant with the Comprehensive Plan land use density table in PMC 25.215. OJ 5. Certain public facilities and institutions may also be permitted, provided their nature and location are not detrimental to the intended low-to medium-density residential environment." As well, PMC 25.45.020 added zero-lot line dwellings, multiple dwellings, duplexes, triplexes, and courtyard apartments to the mix of allowed uses in the R­ I zoning district. The density requirement in PMC 25.45. 050 was also amended to eliminate the one-unit-per-lot development restriction. 6.3. Facts to justify the change on the basis of advancing the public health, safety, and general welfare: 6. 3.1. The rezone application and proposal are consistent with the City Council-approved Comprehensive Plan, which has been determined to be in the best interest of advancing public health, safety, and general welfare of the community. It is hoped that subdivision and development of new homes on the site will increase the desirability of the property as well as the public health, safety, and general welfare. 6.3.2.From a public health perspective, future residential development of the site could encour age walking to and from school with development of proper sidewalk infrastructure. The Mcloughlin Middle School is approximately. 75 miles from the site. Additionally, the site is immediately adjacent across West Court Street from the entrance walkway to C hiawana Park, which borders the Columbia River. 6. 3. 3.ln terms of public safety, the site is located approximately ½ mile from Pasco Fire Station #85 along Road 100/Broadmoor Boulevard, well within the established response-time zone. 6.3.4.Safety of the future residential community will also be provided for through the implementation of the civil, building and fire codes which mandate adequate access, fire hydrants, and similar fire and life safety requirements for all new development. 6.4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 6. 4.1. The site is adjacent existing single-family development and vacant land A change in zoning would be consistent with the Comprehensive Plan. According to PMC 25.215.015, the Low­ Density Residential designation accommodates a diverse range of housing at a density of 3 to 6 dwelling units per acre, and allows R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-I-A2 zones. The site is sur rounded by RS-20 zoning; RS-20 zoning requires a 20, 000-square-foot minimum lot size; the proposed rezone to R-1 would allow for 3,500 to 5, 000-square foot lots and multi-family dwelling units, introducing a higher density than would be allowed in the surrounding neighborhood 6.4.2.Further, the adjacent property's value and character are not anticipated to be negatively affected because Low-Density development has been established by City Council as an appropriate and beneficial use of the site, as set forth in the City's approved Comprehensive Plan. The rezone application is consistent with and meets the intent of the goals and policies of the Comprehensive Plan. 6.5. The effect on the property owner or owners if the request is not granted: 6.5.1.If the property remains with the current RS-20 zoning designation the site would likely continue to remain underdeveloped with a 1980 IO'X66'singlewide manufactured home and a utility building on 3.17 acres of land Denying the proposed development would seem to Z 2024-003 Alvarado Place Rezone Page 3 of8 deprive the owner the opportunity to develop a diverse range of housing at a density of 3 to 6 dwelling units per acre. 6.6. The Comprehensive Plan land use designation for the property 6. 6.1. The Land Use Element of the Comprehensive Plan designates the lot "Low-Density Residential;" the proposed zoning district is compatible with the Comprehensive Plan Land Use designation; the Low-Density Residential designation accommodates a diverse range of housing at a density of 3 to 6 dwelling units per acre, and allows R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zones. 6. 6.2. The proposed rezone application would implement or be consistent with the following comp plan policies: 6. 6. 3.LU-2-A Policy: Maintain sufficient land designated to accommodate residential, commercial, industrial, educational, public facility, and open-space uses proximate to appropriate transpor tation and utility infrastructure. 6. 6.4.A rezone of this property providing for residential development would provide for future neighborhood low density residential land uses on a site that is adjacent West Court Street, a principal arterial in a location where existing utility services are available to serve future development. The proposed rezone is consistent with the intent of this policy. 6.6.5.LU-2-B Policy: Facilitate planned growth within the City limits and UGA and promote infill developments in the City limits through periodic review of growth patterns and market demand within each of the City s land use designations. 6.6.6.As the demand for residential land use increases, additional residential land and higher residential densities provide greater flexibility for the City and landowners to meet the rising demand for new housing units. The proximity of this property to West Court Street, an arterial street makes this site particularly well suited for future R-1 residential infill development. 6.6. 7.LU-4-B Policy: Encourage infill and higher density uses within proximity to major travel corridors and public transpor tation service areas. 6.6.8. The sites proximity to West Court Street, a planned principal arterial makes R-1 low density residential development of the site consistent with this land use policy. 6.6.9.LU-4-D Policy: Designate areas for higher density residential developments where utilities and transpor tation facilities enable efficient use of capital resources. 6.6.10. R-1 residential development on the site would fulfill this comprehensive plan policy of placing higher density development in areas where transportation and utility infrastructure is present, as the site is adjacent to a principal arterial street; a 24" sewer main and a 12" water main are located immediately adjacent to the site. 6. 6.11. L U-5-A Policy: Allow a variety of residential densities throughout the UGA. 6.6.12. Per PMC 25.45.020 Per mitted uses, all housing types permitted in PMC 25.22.020, Zone District Standards, are per mitted in this zone. Per PMC 25.22.020 Permitted housing types, the following residential housing types are permitted within the applicable zones, under the provisions of these Zone District Standards: 6. 6.12.1.Single-family dwelling unit detached (SFDU -Detached). 6. 6.12.2.Single-family dwelling unit attached (SFDU -Attached). 6. 6.12. 3.Duplexes and triplexes. Z 2024-003 Alvarado Place Rezone Page 4 of 8 6. 6.12.4. Multifamily attached (including apar tments, stacked flats, condos). 6. 6.12. 5. Multifamily detached (including cottage housing). 6. 6.12. 6. New factory assembled homes. 6.6.13. An R-1 low density residential development of the site would help to implement this land use policy, while helping to satisfy the rising demand for housing that is currently felt both locally and regionally. 6. 6.14. H-1-A Policy: Allow for a full range of housing including single family homes, townhouses, condominiums, apartments, and manufactured housing, accessory dwelling units, zero lot line, planned unit developments etc. 6.6.15. Per PMC 25.45.020 Permitted uses, all housing types permitted in PMC 25.22.020, Zone District Standards, are permitted in this zone. 6. 7. Such other information as the Hearing Examiner requires 6. 7.1. The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals. The opportunity for R-1 low-density zoning in this area suppor ts the Land Use Element of the Comprehensive Plan. 7.Rezone application Z 2024-003 to rezone Lot 1 of Short Plat No. 94-7 was submitted on May 7, 2024. 8.The application was determined to be complete on July 31, 2024. 9.Public notice of this hearing was mailed to property owners within 300 feet of the site and published in the Tri-City Herald newspaper on July 22, 2024. 10.Applicant wishes to rezone 9903 West Court Street from RS-20 to R-1. 11.The site comprises 3.17 acres. 12.The site is located approximately 300 feet east of the intersection of Road 100 and Court Street. 13.The site was annexed into the City in 2015 (Ordinance 4222) 14.The site was assigned RS-20 (Suburban District) (Ordinance 4221) in conjunction with the annexation. 15.The rezone would support a proposed infill subdivision project being submitted in conjunction with this rezone. 16.On January 24, 2022 Council approved Ordinance 4575, amending the Zoning code, including Pasco Municipal Code (PMC) 25.45 relating to the R-1 zoning district. 17.The approved ordinance changed the purpose of the R-1 zone found in PMC 25.45.010, as follows: PMC 25.45.020 added zero-lot line dwellings, multiple dwellings, duplexes, triplexes, and courtyard apartments to the mix of allowed uses in the R-1 zoning district. 18.The density requirement in PMC 25.45.050 was also amended to eliminate the one-unit-per-lot development restriction. 19.A rezone from RS-20 (Suburban) to R-1 (Low-Density Residential) would allow R-1 density Residential development to occur along a major arterial street. 20.The rezone would allow for residential density between 3 to 6 dwelling units per acre. 21.The rezone application and proposal are consistent with the Council-approved Comprehensive Plan. 22.McLaughlin Middle School is approximately .75 miles from the site. Z 2024-003 Alvarado Place Rezone Page 5 of8 23.The entrance walkway to Chiawana Park, which borders the Columbia River, is across West Court Street from the site. 24.The site is located approximately one-half mile from Pasco Fire Station #85 on Road 100. 25.The civil, building and fire codes mandate adequate access, fire hydrants, and similar fire and life safety requirements for all new development. 26.The site is adjacent existing single-family development and vacant land. 27.Per PMC 25.215.015, the Low-Density Residential designation allows R-S-20, R-S-12, R-S-1, R-1, R- 1-A, and R-1-A2 zones. 28.Applicant also submitted applications for a 14-Lot Preliminary Plat (PP 2024-005) and a Vacation (VAC 2024-003) of a 20-foot Right-of-Way along the eastern property line of Lot 1 of Short Plat 94-7. 29.Current zoning of the site is RS-20, which requires a 20,000-foot minimum lot size. 30.The rezone is a prerequisite to preliminary plat approval of application PP 2024-005 since the lots in the Preliminary Plat average 7,938 square feet. 31.Approval of the plat as submitted would also be contingent upon the 20-foot Right-of-Way Vacation (VAC 2024-003) as mentioned above, as the proposed Plat density includes the proposed Right-of-Way area. 32.The vacated 20-foot right-of-way would need to be included in the rezone, as it is part of the proposed plat. 33.The proposal is in accordance with the goals and policies of the Comprehensive Plan. 33.1. The Land Use Element of the Comprehensive Plan designates the lot "Low-Density Residential District." The proposed R-1 zoning district would be in alignment with the Land Use map within the City's Comprehensive Plan. Future potential development could additionally foster or help to implement the following policies from the Comprehensive Plan: 33.2. LU-2-A Policy: Maintain sufficient land designated to accommodate residential, commercial, industrial, educational, public facility, and open-space uses proximate to appropriate transportation and utility infrastructure. 33.3. LU-2-B Policy: Facilitate planned growth within the City limits and UGA and promote infill developments in the City limits through periodic review of growth patterns and market demand within each of the City's land use designations. 33 .4. LU-4-B Policy: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. 33.5. LU-4-D Policy: Designate areas for higher density residential developments where utilities and transportation facilities enable efficient use of capital resources. 33.6. LU-5-A Policy: Allow a variety ofresidential densities throughout the UGA. 33.7. LU-5-B Policy: Encourage higher residential densities within and adjacent to major travel corridors, Downtown (Central Business District), and Broadmoor. 33.8. 6-A Policy: Encourage commercial and higher-density residential uses along major corridors and leverage infrastructure availability. Z 2024-003 Alvarado Place Rezone Page 6 of8 33.9. H-1-A Policy: Allow for a full range of housing including single family homes, townhouses, condominiums, apartments, and manufactured housing, accessory dwelling units , zero lot line, planned unit developments etc. 33 .10. H-1-B Policy: Higher intensity housing should be located near arterials and neighborhood or community shopping facilities and employment areas. 34.The effect of the proposal on the immediate vicinity will not be materially detrimental. 34.1. The Comprehensive Plan designates the property "Low-Density Residential." As such , the site may be zoned RS-20, RS-12, RS-1, R-1, or R-1-A. The site is adjacent existing single­ family development and vacant land. A change in zoning would be consistent with the comprehensive plan. According to PMC 25.215.015, the Low-Density Residential designation accommodates a diverse range of housing at a density of 3 to 6 dwelling units per acre, and allows R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-l-A2 zones. 34.2. Further, the effect of the proposal on immediate vicinity will likely not be materially detrimental because Low-Density development has been established by City Council as an appropriate and beneficial use of the site, as set forth in the City's approved Comprehensive Plan. The rezone application is consistent with and meets the intent of the goals and policies of the Comprehensive Plan. 3 5. There is merit and value in the proposal for the community as a whole. 35.1. There is merit in increasing housing opportunities available in those areas currently served by municipal utilities. The City revised its Urban Growth Area (UGA) as pait of the Comprehensive Plan Update. The UGA updated UGA is smaller than current projections for low-density residential growth as developed in the past would allow; as such, more residential lots are needed within the current UGA. 35.2. 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. In addition to fulfilling the goals and policies of the Comprehensive Plan, the proposal includes infill development. 36.Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 36.1. The rezone application, proposed 14-Lot Preliminary Plat, and 20-foot Right-of-Way Vacation projects are all subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. As such, no conditions should be imposed; any future development will be evaluated for significant adverse impacts at the time of a development application, which will also be subject to review under the State Environmental Policy Act (SEPA). 37.A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. 3 7 .1. If or when applicants pursue the development of this property, they will be required to conform to design standards established by the PMC. No Concomitant Agreement is considered necessary for this application. 38.An open record public hearing was held, after legal notice, on August 14, 2024. 39.The Applicant was not present, the Applicant was given advance notice of the date, place and time of this hearing. 40.Te stifying from the public were the following individuals: Z 2024-003 Alvarado Place Rezone Page 7 of 8 40.1. Brad Peck: Mr. Peck lives in the vicinity of the proposed rezone. Mr. Peck had concerns regarding the Staff Report not consistent, in his opinion, with the Comprehensive Plan and the annexation that occurred in the area. He stated that the rezone is not beneficial to the neighbors and he had health and safety concerns regarding traffic. 40.2. Pete McGrail: Mr. McGrail indicated that he agreed with Mr. Peck's testimony. He stated that this is a single family neighborhood and the increased density would change the character of the neighborhood. 40.3. Thomas Corley: Mr. Corley agreed with the testimony of Mr. Peck and Mr. McGrail. 40.4. Debbie Preston: Ms. Preston agreed with the others that had testified. She had concerns about parking if and when a future development is put in on the rezoned property. She thought that any increased density would change the character and nature of the neighborhood. 40.5. Dave Shaffer: Mr. Shaffer agreed with the testimony of the others. 40.6. Debra Peck: Ms. Peck testified that she believed that the RS 20 zoning is the proper zone for this area and that there would be significant impact on pedestrians that walk the roads in the area. 41.The entire Planning Staff file was admitted into the record. 42.The City of Pasco Hearing Examiner considered all evidence within the record in rendering this decision. 43.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 1.The Hearing Examiner has been granted the authority to make this recommendation. 2.This rezone is consistent with the criteria set forth in the Pasco Municipal Code. 3.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. ID. RECOMMENDED DECISION Based on the above Recommended Findings of Fact and Recommended Conclusions of Law, the Hearing Examiner hereby recommends APPROVAL of Z 2024-003. Dated this _2L day of August, 2024 Andrew L. Kottkamp Z 2024-003 Alvarado Place Rezone Page 8 of 8  "    +$/ '+/)"! %!&)-/#+// /+'/ /.'&/ (("!&+*/,&/(!+"//'/'-/!"!& / !"///  ///  /