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HomeMy WebLinkAboutHE Recommendation Z 2019-011 Rezone Iniquez CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW,AND RECOMMENDATION Rezone Z 2019-011, Salvador Iniguez November 22, 2019 1. FINDINGS OF FACT 1.1 Proposal. Request to rezone two parcels (.1155 and .1289 acres, totaling .2445 acres) from R-1 (Low Density Residential) zoning to R-3 (Medium Density Residential) in anticipation of future sale and residential development. 1.2 Applicant/Property Owner and Location: Applicant/Property Owner: Salvador Iniguez, 1415 East Alvina Street, Pasco, WA 99301. Location: NE corner of East Alvina Street and North Franklin Avenue, Pasco, WA 99301. Parcel Nos. 112072132 and 112072123. Legal Descriptions: • Lot I Block 2, Whitehouse Addition, Together with 10' of Vacated Alvina Street and 10' of Vacated Alley. • Lot 2 and the South 1/2 of Lot 3 Block 2, Whitehouse Addition, Together with the Vacated Alley Adjacent. 1.3 Site Use. Vacant. 1.4 Land Use Designations/Site and Surrounding Area. The Comprehensive Plan designates the site Mixed Residential, which allows for R-S-20, R-S-12, R-S-1, and R-1 through R-3. The Mixed Residential designation allows for residential development at a density of 5-20 units per acre. Surrounding land uses include: North: R-1 zoning with single-family residences East: R-3 zoning with single-family residences South: R-I zoning with vacant lots West: C-3 zoning with vacant lots A rezone to R-3 would allow for residential development consistent with the Comprehensive Plan's Mixed 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. The Examiner conducted a site visit before the hearing. City of Pasco Hearing Examiner Page 1 of 3 Recommendation,Iniguez Rezone Z 2019-011 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 November 13, 2019.1 The Community Development Department identified key points from the Staff Report. No person from the public indicated a wish to testify. 1.8 Public Comment/Written. None. 1.9 Utilities. Water is available from East Alvina Street and North Franklin Avenue; sewer service is available along the east property lines of both lots. 1.10 Access. The parcels have access from North Franklin Avenue, with Parcel 112 072 132 also having access from East Alvina Street. 1.11 Rezone Considerations. A rezone to R-3 implements the Comprehensive Plan, and is in accord with its goals and policies. The lots are small, but the R-3 zoning will allow for a slight increase in development potential. Surrounding properties include vacant land, and have been gradually developing with single-family residences, so the rezone is consistent with the area's character. 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. Smaller lots and higher densities would better utilize urban lands, creating community value in the proposal, which lacks material detriment. 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 issues 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.2 1 Public notice was mailed to nearby property owners and published in the Tri-City Herald. PMC 25.210.040. 2 PMC 25.210.060;PMC 2.50.080; Staff Report,p.4. City of Pasco Hearing Examiner Page 2 of 3 Recommendation,Iniguez Rezone Z 2019-011 As the Findings detail, including at T 1.11, the R-3 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-1, R-3, and C-3 zoning; and, surrounding parcels are primarily vacant lots or developed with single-family residences. RECOMMENDATION The Hearing Examiner recommends approval of the rezone from R-1 to R-3. RECOMMENDATION entered November 2019. City of Pasco Hearing Examiner Susan Elizabeth Drummond City of Pasco Hearing Examiner Page 3 of 3 Recommendation,Iniguez Rezone Z 2019-011