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HomeMy WebLinkAboutHE Recommendation Z 2019-012 Rezone Mendoza CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW,AND RECOMMENDATION Rezone Z 2019-012, Ana Mendoza November 22, 2019 1. FINDINGS OF FACT 1.1 Proposal. Request to rezone a .3 acre parcel from R-2 (Medium Density Residential)zoning to R-3 (Medium Density Residential) in anticipation of building a four-plex. 1.2 Applicant/Property Owner and Location: Applicant/Property Owner: Ana Mendoza, 813 N. Road 56, Pasco, WA 99301. Location: 2216 West Henry Place, Pasco, WA 99301. Legal Description: Lot 3, except the east 47.3', all of Lot 4, and the east 11.15' of Lot 5 of Morath Subdivision less easement (Parcel No. 119 362 262). 1.3 Site Use. The vacant property was previously developed with a four-plex destroyed by fire in 2016, which was similar if not identical to surrounding structures. The structure was legally non-conforming, but was not rebuilt in time to take advantage of that status.' 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 zoning. The Mixed Residential designation allows for residential development at a density of 5-20 units per acre. Surrounding land uses include: North: R-3 zoning with Stevens Middle School East: R-2 zoning with apartments South: R-2 zoning with apartments West: R-2 zoning with apartments 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. 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 Staff Report,p.2;PMC 25.170.050(2)(a). City of Pasco Hearing Examiner Page 1 of 3 Recommendation,Mendoza Rezone Z 2019-012 1.7 Hearing. A properly noticed hearing was held on November 13, 2019.2 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 and sewer service are available from West Henry Place. 1.10 Access. West Henry Place. 1.11 Rezone Considerations. A rezone to R-3 implements the Comprehensive Plan, and is in accord with its goals and policies. The lot is small, but the R-3 zoning will allow for a slight increase in development potential. A four-plex project is likely, which would match the surrounding development, 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.3 As the Findings detail, including at ¶ 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-2 and R-3 zoning; and, apartment uses, along with a school, surround the site. 2 Public notice was mailed to nearby property owners and published in the Tri-City Herald. PMC 25.210.040. 3 PMC 25.210.060;PMC 2.50.080; Staff Report,pp.4-5. City of Pasco Hearing Examiner Page 2 of 3 Recommendation,Mendoza Rezone Z 2019-012 RECOMMENDATION The Hearing Examiner recommends approval of the rezone from R-2 to R-3. RECOMMENDATION entered Novemb '12, 2019. City of Pasco Hearing Examiner Susan Elizabeth Drummond City of Pasco Hearing Examiner Page 3 of 3 Recommendation,Mendoza Rezone Z 2019-012