HomeMy WebLinkAboutHE Recommendation Z 2019-013 Rezone Henne CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND RECOMMENDATION
Henne Rezone Z 2019-013
January 21, 2020
1. FINDINGS OF FACT
1.1 Proposal. Rezone .3 acres (12,699 square feet) from C-1 (Retail Business) to R-
S-12 (Suburban).
1.2 Applicant/Property Owner and Location.
Applicant/Property Owner: Dana Henne, 4620 West Octave Street, Pasco, WA 99301
Location: 1405 Road 38, Pasco, WA 99301
Legal Description: The North 83' of the South 423.88' of the NE 1/4 of the NE 1/4 of
the NE 1/4 of Section 26, Township 9 North Range 29 East. Parcel No. 119 49105 1.
1.3 Site Use. The site has housed a single family residence since 1930.
1.4 Background, Land Use Designation. The Comprehensive Plan designates the
site Commercial, with C-1 zoning. While the use abuts commercial areas, it also abuts a
residential area, and for ninety years, has been developed with a single family home.
The C-1 zoning, applied in 1985 with an annexation, created a legal, non-conforming use.
If more than half the residence were damaged, it could not be rebuilt.' The zoning only allows
an existing residence by special permit, while R-S-12 allows the use outright. In October 2019,
the property owner was selling her home and only then discovered the C-1 zoning, which caused
the sale to fall through as banks were unwilling to loan against the home due to its legal non-
conforming use status.
1.5 Surrounding Land Uses.
North: C-1 Duplex
East: C-1 Commercial
South: R-S-12 Single Family Residences
West: C-1 Commercial
A rezone to R-S-12 would allow for residential development consistent with development
to the south. To be consistent with Comprehensive Plan mapping, the Commercial Plan
designation would need to be changed to Low Density Residential, which provides for 2-5 units
per acre, and is implemented through R-S-20, R-S-12, R-S-1, R-1, or R-1-A zoning.2
'PMC 25.170.050(2).
z Comprehensive Plan,Vol.II,pg. 17.
City of Pasco Hearing Examiner Page 1 of 3
Recommendation,Henne Rezone Z 2019-013
1.6 Evidence Reviewed. The Examiner reviewed the Staff Report, which attached
zoning and plan designation maps, aerial photographs of the site and area, mapping showing
surrounding uses, and Applicant comment. The Examiner conducted a site visit before the
hearing.
1.7 SEPA (State Environmental Policy Act, Ch. 43.21C RCW). The City of Pasco
issued a Determination of Non-Significance. It was not appealed. SEPA review is complete.
1.8 Hearing. A properly noticed hearing was held January 8, 2020.3 The
Community Development Department identified key points from the Staff Report. The
Applicant further commented on the urgent nature of the proceeding, and how a sale had fallen
through due to bank concerns over the zoning. The comment was consistent with materials
submitted with the Staff report. A neighbor who had resided in the area for 40 years, also spoke
in favor, emphasizing proposal's greater consistency with the surrounding neighborhood than the
present commercial zoning.
1.9 Public Comment/Written. None.
1.10 Urban Services. With Road 38 access, service from necessary utilities, and
nearby urban services, the home has adequate infrastructure to support it.
1.11 Rezone Considerations. A rezone to R-S-12 will consistently implement the
Comprehensive Plan (assuming the Plan designation is updated to Low Density Residential), and
is in accord with Plan goals and policies. The existing residence fits in with surrounding
development, and the rezone is consistent with the area's character. The home was constructed
in 1930. The site should probably have maintained residential zoning designation with
annexation, but possibly through inadvertence, the site was zoned for commercial use. The
zoning with the better fit, given both the present use and surrounding area, is R-S-12. The
rezone has no material detriment on property in the immediate vicinity, and has community merit
and value. 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;
3 Public notice was mailed to nearby property owners and published in the Tri-City Herald. PMC 25.210.040.
City of Pasco Hearing Examiner Page 2 of 3
Recommendation,Henne Rezone Z 2019-013
(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.4
As the Findings detail, including at¶ 1.11, a rezone to R-S-12 addresses these criteria and
a concomitant agreement and further mitigation is unnecessary. The proposed zoning is
consistent with the zoning to the south, and with Plan policies. Once the Plan map designation is
updated, it will also be consistent with the Comprehensive Plan land use map.
RECOMMENDATION
The Hearing Examiner recommends approval of the rezone from C1 (Retail Business) to
R-S-12 (Suburban). In addition, the site's Comprehensive Plan designation should be updated
from Commercial to Low Density Residential.
RECOMMENDATION entered 1 0201.
City of Pasco Heari g Examiner
Susan Elizabeth Drummond
4 PMC 25210.060; PMC 2.50.080; Staff Report,p. 5.
City of Pasco Hearing Examiner Page 3 of 3
Recommendation,Henne Rezone Z 2019-013