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HomeMy WebLinkAboutZ2024-006 Hearing Examiner Recommendation 2024.12.27CITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT, RECOMMENDED Z 2024-006 ) CONCLUSIONS OF LAW, AND Riverhaven Rezone ) RECOMMENDED DECISION THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on December 11, 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. RECOMMENDEDFINDINGS OF FACT 1. PROPERTY DESCRIPTION: 1.1. Abbreviated Legal: 1.1.I.Parcel 119-670-022: SHORT PLAT 2020-13 LOT 4 1.1.2.Parcel 119-670-021: SHORT PLAT 2020-13 LOT 3 1.1.3.Parcel 119-663-053: E 275' OF S2 SE4 NW4 NW4 27-9-29 & N 120' OF E 275' OF GOVT LOT 1, LESS PTN TO USA, EXC N 144' OF S 164' OF E 150' & EXC N 164' OF E 275' OF S2SE4NW4NW4 2. General Location: Located on the west side of Road 64 south of Marie Street. 3. Property Size: 3.1. Parcel 119-670-022: 0.47 Acres 3.2. Parcel 119-670-021: 0.47 Acres 3.3. Parcel 119-663-053: 1.31 Acres 3.4. Total: 2.25 Acres 4. ACCESS: The parcels have public road access on Road 64. 5. UTILITIES: Municipal water is available throughout the length of the Road 64 frontage of all parcels and municipal sewer is available within Road 64 adjacent the frontage of parcels 119-670-022 and 119- 670-021. 6. LAND USE AND ZONING: The subject properties are zoned RS-12 Residential Suburban. Parcels 119-670-022 and 119-670-021 are undeveloped; Parcel 119-663-053 is used as fenced pasture and contains two accessory structures. Surrounding properties are zoned and developed as follows: 6.1. NORTH: RS-12 Low Density Residential; Single Family Dwellings 6.2. EAST: RS-12 Low Density Residential; Single Family Dwellings 6.3. SOUTH: RS-12 Low Density Residential; Single Family Dwellings 6.4. WEST: RS-12 Low Density Residential; Single Family Dwellings 7. COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan Land Use designation for these properties is Low Density Residential. The Low Density Residential Land Use designation purpose is for a variety of residential housing at a density of 3 to 6 dwelling units per acre, and may be assigned RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2 designations. Per Pasco Municipal Code (PMC 25.215.015) the maximum gross density of any proposed development within any zoning district, expressed as dwelling units per acre, shall be no less than the corresponding minimum density expressed in the Comprehensive Plan land use density table, and no greater than the corresponding maximum density expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25.161 PMC. Z 2024-006 Riverhaven Rezone Page 1 of 5 10 11. 12 13 ENVIRONMENTAL DETERNIINATION: The City of Pasco is the lead agency for this project. Based on the State Environmental Policy Act (SEPA) checklist, SEPA2024-053, Comprehensive Plan, applicable regulations, and other information, a threshold determination resulting in a Determination of Non -Significance (DNS) for this project was issued on November 26, 2024, under WAC 197-11- 158. Applicant Albert Marroquin, on behalf of himself and additional property owners Elizabeth Duarte and William Heaton, wishes to rezone the three parcels 119-670-022 (Marroquin), 119-670-021 (Duarte), and 119-663-053 (Heaton), located on the west side of Road 64 south of W Court Street in Pasco, WA 99301 from RS-12 Residential Suburban to R-1 Low -Density Residential. The subject properties comprise approximately 2.25 acres. The underlying Comprehensive Plan Land Use designation is Low Density Residential, which specifies 3 to 6 dwelling units per acre (du/ac) per PMC 25.215.015. Staff would like to note that the proposed rezone does not include a project action. It is anticipated that should the rezone be approved a subsequent subdivision project may be submitted for review. Any subsequent subdivision proposals would be required to adhere to Pasco Municipal Code, including provisions such as connectivity and residential design standards. The subject properties were annexed into the City via Ordinance 3532 in 2002 and subsequently assigned the RS-12 Residential Suburban zoning designation via Ordinance 3533. The sites have remained RS-12 since and are largely undeveloped with parcel 119-663-053 containing two accessory structures. The initial review criteria for considering a rezone application are explained in PMC. 25.210.030. The criteria are listed below as follows: 13.1. The date the existing zone became effective: 13.1.1. The subject properties were assigned RS-12 zoning in 2002 via Ordinance 3533. 13.2. The changed conditions, which are alleged to warrant other or additional zoning: 13.2.1. In 2002, the subject properties were annexed into the City and given the Low -Density Residential designation, and has remained so since. 13.2.2. On January 24, 2022 City Council approved Ordinance 4575, amending the Zoning code, including 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 13.2.2.1. The R-1 low density residential district is established to provide a low to medium density residential environment compliant with the Comprehensive Plan land use density table in PMC 25.215.015. 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. 13.2.3. 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. The density requirement in PMC 25.45.050 was also amended to eliminate the one -unit -per -lot development restriction. 13.3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: 13.3.1. The Low Density Residential Land Use designation allows for RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2 zoning; development with a higher density of dwelling units per acre will help reduce urban sprawl and increase housing availability. 13.3.2. The rezone application and proposal are consistent with the Council -approved amendments to 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. 13.4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: Z 2024-006 Riverhaven Rezone Page 2 of 5 13.4.1. A change in zoning would be consistent with the comprehensive plan Land Use Map Low Density Residential designation for the site. Per Applicant, the proposed land usage matches that of the adjacent properties and have a positive impact of neighboring properties. 13.5. The effect on the property owner or owners if the request is not granted: 13.5.1. Per Applicant, if the rezone is not granted, the property may not be subdivided. 13.6. The Comprehensive Plan land use designation for the property: 13.6.1. The City of Pasco Comprehensive Plan designates the subject property's Land Use as Low Density Residential. The Low Density Residential designation provides a variety of residential housing at a density of 3 to 6 dwelling units per acre, and may be assigned RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2 zoning. 13.6.2. Per PMC 25.215.015 maximum gross density of any proposed development within any zoning district, expressed as dwelling units per acre, shall be no less than the corresponding minimum density expressed in the Comprehensive Plan land use density table, and no greater than the corresponding maximum density expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25.161 PMC. 13.7. Such other information as the Hearing Examiner requires: 13.7.1. The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals. 14. The Application for Rezone, Z2024-006, and SEPA Environmental Checklist, SEPA2024-053, was submitted on October 8, 2024, and a Determination of Complete Application issued on November 5, 2024. 15. Applicant proposes to rezone Parcels 119-670-022, 119-670-021, and 119-663-053 from RS-12 Residential Suburban to R-1 Low Density Residential. The subject properties were assigned RS-12 zoning in 2002 via Ordinance 3533. 16. The subject properties comprise approximately 2.25 acres, and are largely undeveloped, with parcel 119-663-053 containing two accessory structures. 17. The City's 2018-2038 Comprehensive Plan Land Use Map designates the subject properties as Low Density Residential. PMC 25.215.015 specifies 3 to 6 du/ac in Low Density Residential. Property with Low Density Residential designation may be developed with a variety of residential housing including single family dwellings, zero lot line dwellings, multiple dwellings, duplexes, triplexes, and courtyard apartments. 18. A Notice of Application with Optional SEPA Determination of Non -Significance was issue on November 10, 2024. The NOA/ODNS was posted on the City of Pasco website, the SEPA Register website, and on the subject properties. The NOA/ODNS was also mailed to property owners of property within 300 feet of the subject properties. 19. Public Comment was received from Basin Disposal, Bonneville Power Administration, Colville Tribes, Ecology, and Pasco residents/property owners D. Nelson, C. Gomez, D. Width, L. Harrison, P. Martin, J. Avery, F. Vargas, and the Kinzigs. 20. Public notice of this hearing was sent to property owners within 300 feet of the property, to parties of record, and published in the Tri-City Herald newspaper. 21. 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: 21.1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. 21.1.1. The Land Use Element of the Comprehensive Plan designates the subject properties as Low Density Residential. A change in zoning would be consistent with the comprehensive plan Land Use Map designation for the site and could further the goals and policies of the Comprehensive Plan such as: Z 2024-006 Riverhaven Rezone Page 3 of 5 21.1.1.1. Land Use Policy LU-4-F: Support mixed use, smart growth, infill, and compact developments with transit and pedestrian amenities that promote a healthy community. 21.1.2. The proposal could allow for more lenient development requirements which may be suitable for infill development. 21.1.2.1. Housing Policy H-1-A: Allow for a range of housing including single family homes, townhouses, condominiums, apartments, and manufactured housing, accessory dwelling units, zero lot line, planned unit developments etc. 21.1.3. The current zoning allows for the majority of these types of structures, however, due to the lot size minimum requirements for the existing zone it could be difficult to realize many of the permitted uses. The proposed rezone would allow for flexibility in lot size, frontage, etc. and further this policy. 21.2. The effect of the proposal on the immediate vicinity will not be materially detrimental. 21.2.1. This application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property. 21.3. There is merit and value in the proposal for the community as a whole. 21.3.1. 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. The proposal includes infill development and promotes the goals of the Low Density Residential Land Use Map Designation. 21.4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 21.4.1. The rezone application and future site development are 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. 21.5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. 22. No Concomitant Agreement is considered necessary for this application. 23. An open record public hearing was held, after legal notice, on December 11, 2024. 24. Appearing and testifying on behalf of the Applicant was Christy Batayola. Ms. Batayola stated that she was the agent authorized to appear on behalf of the property owner and Applicant. Ms. Batayola stated that she agreed with the representations set forth within the staff report. She indicated that the applicant's plans were to subdivide the parcels to match density. 25. Testifying from the public were the following individuals: 25.1. Rebecca Francik. Ms. Francik testified on behalf on Basin Disposal. She indicated that there is currently only one access road so there may be a potential for collection of garbage in the event that the subdivision was ultimately approved. 25.2. Christi Gomez. Ms. Gomez testified that all of the area lots are between .25 acre to 1 acre. She believed that the lots sizes allowed by this rezone would not be consistent with the area. 26. The entire planning staff file was admitted into the record. 27. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this decision. 28. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. Z 2024-006 Riverhaven Rezone Page 4 of 5 II. RECOMMENDEDCONCLUSIONS OF LAW 1. The Hearing Examiner has been granted the authority to render this decision 2. As conditioned, this project is consistent with the Pasco Comprehensive Plan and Pasco Municipal Code. 3. 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 Findings of Fact and Conclusions of Law, Z 2024-006 is hereby recommended for APPROVAL. Dated this day of December, 2024 CITY OF PASCO HEARING EXAMINER Andrew L. Kottkamp Z 2024-006 Riverhaven Rezone Page 5 of 5