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HomeMy WebLinkAboutHE Recommendation Z 2019-007 Rezone FCID No 1 CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW,AND RECOMMENDATION Rezone MF# Z 2019-007 Franklin County Irrigation District#1 September 23, 2019 1. FINDINGS OF FACT 1.1 Proposal. Request for rezone of 2.09-acre parcel from R-S-20 (Residential Suburban) zoning to R-S-12 (Residential Suburban) in anticipation of subdividing the land into three lots for future sale and residential development. The Franklin County Irrigation District plans to upgrade and modernize its infrastructure and make other needed improvements utilizing funds from selling the surplus property. 1.2 Applicant/Property Owner/Location: Applicant/Property Owner: FCID#1, P.O. Box 3907, Pasco, WA 99302. Location: 11020 West Court Street, Pasco, WA 99301. A portion of Government lots 1, 2 and 3 in Parcel B, Section 18, Township 29 North, Range 9 East (Parcel No. 118-192-484). 1.3 Site Characteristics and Use. The site fronts the Columbia River to the south- southwest, and contains an FCID irrigation pump station and a single-family residence. 1.4 Land Use Designations/Site and Surrounding Area. The Comprehensive Plan designates the site Low-Density Residential, which allows for R-S-20 (Suburban), R-S-12 (Suburban), R-S-1 (Suburban), R-1 (Low-Density Residential), or R-1-A (Low-Density Residential Alternate) zoning. The Low-Density Residential designation allows for residential development at a density of two to five dwelling units per acre. The site is largely surrounded by residential uses: North: R-S-12 zoning with single-family residences and a City water filtration plant East: R-S-20/12 zoning with single-family residences South: Columbia River West: R-S-20 zoning with single-family residences and a freeway bridge A rezone to R-S-12 would allow for residential development congruent with development across West Court Street, and consistent with the Comprehensive Plan Low-Density Residential Land Use designation. 1.5 Evidence Reviewed. The Examiner reviewed the Staff Report, which attached photographs of the site and area, and documented surrounding zoning, along with the application, SEPA Checklist, DNS, and public comments from Mr. Boliou, Ms. Megow, and The Clarks. The Examiner conducted a site visit before the hearing. City of Pasco Hearing Examiner Page 1 of 3 Recommendation,FCID#1 Rezone MF#Z 2019-007 1.6 SEPA (State Environmental Policy Act, Ch. 43.21C RCW). The City of Pasco issued a Determination of Non-Significance, which was not appealed. SEPA review is complete. 1.7 Hearing. A properly noticed hearing was held on September 11, 2019.1 The Community Development Department summarized the proposal and noted the added density was in keeping with the City's goal to minimize the need for urban growth area expansion. Following the Department presentation, the Applicant, through Mr. Burns, addressed the proposal. He noted a utility pipe traversed the site and would remain in place. The Examiner confirmed with the Applicant that the rezone was proposed to allow for three lots. The hearing was then opened for public comment. A citizen provided his written comment and Ms. Megow testified in opposition to the project, consistent with written comment she had submitted. 1.8 Public Comment. Citizen testimony and written comment raised concerns over the additional development permitted and the impacts associated with that. A strong preference was expressed for utilizing the land as a park, given its prime location adjacent to the Columbia River. Mr. Boliou's comment provided added detail on this preference. 1.9 Utilities. Water and sewer are available on West Court Street. 1.10 Access. The parcel has access from West Court Street. 1.11 Rezone Considerations. The rezone implements the Comprehensive Plan, and is in accord with its goals and policies, so its effect is not materially detrimental. The District plans to upgrade and modernize its infrastructure and make other needed improvements utilizing funds from the sale of surplus property, thus advancing the public health, safety and general welfare. A change in zoning classification may ultimately result in the development of a limited number of new single-family residences. This is in keeping with Growth Management Act, Ch. 36.70A RCW, objectives, as expressed in the City's Comprehensive Plan, so the proposal has community merit and value. If the property is not rezoned, the property may still be developed for additional residential use, but at slightly lower densities. Given the River frontage, the location is attractive for both residential and park development. However, park development would presumably require that the City purchase the site for this purpose; a matter not before the Examiner. As there are no significant adverse impacts or outstanding issues to address, as any future development would undergo additional review, neither a concomitant agreement nor mitigation conditions are needed. The Staff Report provides further detail, and is incorporated. 2. CONCLUSIONS The Examiner issues a rezone recommendation based on whether: (a) The proposal is in accord with the goals and policies of the Comprehensive Plan; i Notice include mailed notice to nearby property owners and newspaper publication. City of Pasco Hearing Examiner Page 2 of 3 Recommendation,FCID#1 Rezone MF#Z 2019-007 (b) The effect of the proposal on the immediate vicinity will be materially detrimental; (c) There is merit and value in the proposal for the community as a whole; (d) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal; (e) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement-2 As the Findings detail, including at 11.10, the rezone to R-S-12 follows these criteria and a concomitant agreement and finther mitigation is unnecessary. The proposed zoning is consistent with the Comprehensive Plan Land Use Map; the site is surrounded by R-S-20 and R- S-12 zoning; and surrounding parcels are primarily developed with single-family residences. RECOMMENDATION The Hearing Examiner recommends approval of the rezone from R-S-20 to R-S-12. RECOMMENDATION entered Sept mber 23, 2019. City of Pasco H wring Examiner Susan Elizabeth Drummond z PMC 25.210.060;PMC 2.50.080; Staff Report,p.4. City of Pasco Hearing Examiner Page 3 of 3 Recommendation,FCID 91 Rezone MF#Z 2019-007