HomeMy WebLinkAboutHE Recommendation Z 2019-008 Rezone Story Family Court St CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND RECOMMENDATION
Rezone MF# Z 2019-008
Story Family Five, LLC
September 23, 2019
1. FINDINGS OF FACT
1.1 Proposal. Request for rezone of 2.60-acre parcel from R-S-20 (Residential
Suburban) zoning to R-S-1 (Residential Suburban) in anticipation of subdividing the land for
future sale and residential development.
1.2 Applicant/Property Owner and Location:
Applicant/Property Owner: Story Family Five, LLC/Todd Story/Agterra Engineering,
2705 St. Andrews Loop, Suite C, Pasco, WA 99302.
Location: Convergence of West Court Street and Road 84, Pasco, WA 99301. Lot 2,
Short Plat 80-21 (Parcel No. 118-442-070).
1.3 Site Use. The site is vacant except for a horse shelter at the northwest portion
near West Court Street. There is a floodplain and a Federal canal along the south property line.
The floodplain intersects approximately the southeast half of the property. Per Pasco Municipal
Code, any structures permitted in the designated flood areas are subject to flood-proofing and
elevation regulations.1
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. Surrounding land uses include:
North: R-S-20 zoning with single-family residences and vacant property(livestock pen)
East: R-S-20 zoning with vacant property(livestock pen)
South: R-S-20 zoning with single-family residences, a flood canal, and a church
West: R-S-20 zoning with single-family residences and a fire station
A rezone of the parcel to R-S-1 would allow for residential development 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 uses and the floodplain, along
with the application, SEPA Checklist, and DNS.
1 PMC Title 16(Buildings and Construction);PMC Chapter 24.20(Flood Hazard Protection).
City of Pasco Hearing Examiner Page 1 of 3
Recommendation, Story Family Rezone MF#Z 2019-008
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, 2019.2 The
Community Development Department summarized the proposal. The Applicant, through its
representative, Mr. Stromstad, further addressed the proposal. No person from the public
indicated a wish to testify.
1.8 Utilities. Water and sewer are both available on West Court Street.
1.9 Access. The parcel has access from West Court Street.
1.10 Rezone Considerations. A rezone to R-S-1 implements the Comprehensive
Plan, and is in accord with its goals and policies. The Applicant is seeking to subdivide the land
for future sale and residential development. Property to the north has recently been subdivided
and developed with single-family residences. The city is revising its urban growth area as part of
the Comprehensive Plan Update; boundaries will likely be smaller than current projections for
low-density residential growth as developed in the past would allow. As such, smaller lots and
higher densities are being recommended to better utilize the City's urban lands, creating
community value in the proposal, which lacks material detriment. A change in zoning
classification may ultimately result in developing single-family residences. If the property is not
rezoned, the lot may be developed at a lower density or remain undeveloped. The Staff Report
provides further detail and is incorporated.
2. CONCLUSIONS
The Examiner may issue a rezone recommendation based on whether:
(a) The proposal is in accord with the goals and policies of the Comprehensive
Plan;
(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.3
2 Notice included mailing to nearby property owners and publication.
3 PMC 25.210.060;PMC 2.50.080; Staff Report,p.4.
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Recommendation, Story Family Rezone MF#Z 2019-008
As the Findings detail, including at¶ 1.10, the R-S-1 rezone follows these criteria and a
concomitant agreement and further mitigation is unnecessary. The proposed zoning is consistent
with the Comprehensive Plan Land Use Map; the site is surrounded by R-S-20 zoning; and
surrounding parcels are primarily developed with single-family residences, along with other
uses.
RECOMMENDATION
The Hearing Examiner recommends approval of the rezone from R-S-20 to R-S-1.
RECOMMENDATION entered Septe aber 23, 2019.
qty of Pasco Hearing Examiner
Susan Elizabeth Drummond
City of Pasco Hearing Examiner Page 3 of 3
Recommendation, Story Family Rezone MF#7 2019-008