HomeMy WebLinkAboutHE Recommendation Z 2019-006 Rezone Kinnaman CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND RECOMMENDATION
Rezone MF# Z 2019-006, Kinnaman Property
July 11, 2019
1. FINDINGS OF FACT
1.1 Proposal. Request for C-1 to R-1 rezone to recognize a site's residential use. The
site has been developed with a single family residence since 1923, although the present C-1
zoning prohibits dwelling units unless above a commercial building's main floor. The rezone
would conform the zoning to reflect how the site and surrounding area is developed.
1.2 Applicant/Property Owner/Location:
• Applicant/Property Owner: John Kinnaman, 321-38 Henriot Road, Winlock, WA
98596
• Location: 527 West Bonneville Street, Pasco, WA. Lots 17 to 19, Block 8,
Gerry's Addition. Parcel No. 112-053-233.
1.3 Site Use. The 10,499 square foot site is developed with a single family home,
which was a halfway house or work release facility from 1971 to 1995, and subsequently a
church, with a Special Use Permit granted in 2012. However, an Occupancy Registration was
never applied for, and a code case was opened in March. Sewer and water serve the site, and the
Applicant intends to sell the property for residential use.
1.4 Land Use Designations/Site and Surrounding Area. The Comprehensive Plan
designates the site as Mixed Residential, and authorizes the requested R-1 zoning as an
implementing zone where there is sewer service, market demand, and major circulation routes.l
The site is largely surrounded by residential uses:
North: R-3/R-4 zoning with single and multi-family dwellings
East: C-1 zoning with single and multi-family dwellings
South: C-1 zoning with single and multi-family dwellings and a church
West: R-1 zoning with single and multi-family dwellings
With the area's established residential uses and urban utility services, along with the
supporting street grid and major roadways, the rezone meets Comprehensive Plan policies and
obj ectives.2
1 Comprehensive Plan,Vol.II-a,p. 17.
z Exhibit 1 (Staff Report),p. 1;Comprehensive Plan,Vol. 11-a,p. 17;Plan Policy H-1-E,Goal H-2,and Goal LU-2.
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Recommendation,Kinnaman Rezone MF#Z 2019-006
1.5 Evidence Reviewed. The Examiner admitted the Staff Report on June 12, which
attached photographs of the site and area and documented surrounding zoning (Exhibit 1). An
updated Staff Report (Exhibit 2) and DNS (Exhibit 3) were admitted on July 10. The two Staff
Reports are incorporated into the Findings. The Examiner conducted a site visit on June 12,
2019, between about 4:00 and 4:30 P.M.
1.6 SEPA (State Environmental Policy Act, Ch. 43.21C RCW). The Department
issued a DNS, or Determination of Non-Significance.3 No appeals were filed or comments
received. SEPA review is complete.
1.7 Hearing. A properly noticed hearing was held on June 12, 2019, and continued
to July 10, 2019.4 Planning Staff summarized the proposal and provided background history on
the site's use. The Applicant further addressed the proposal and raised procedural questions on
the review process. The property is under contract for sale, and the requested rezone is needed
before an anticipated month end closing in July. The Examiner explained that the hearing would
be continued to July 10 to allow completion of the SEPA process. A recommendation would
issue shortly thereafter, with the Council making the final decision at the next earliest available
Council meeting. While this may occur in July, given uncertainties on scheduling, Staff
recommended the Applicant extend the closing date.
1.8 Rezone Considerations. The rezone consistently implements the Comprehensive
Plan, and is in accord with its goals and policies, including those providing for protecting
existing house stock and neighborhoods.5 As a pre-existing residence within an established
residential neighborhood, the rezone would not be materially detrimental to uses in the vicinity.
Correcting the zoning and recognizing the intended use of the land, and how it is has been
developed for residential use, has community merit and value. There are no significant adverse
impacts or outstanding issues to address, so neither a concomitant agreement or mitigation
conditions are needed.
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;
3 Exhibit 3 (DNS).
4 Exhibit 2(Updated Staff Report),pg.4;PMC 25.210.040.
5 Pasco Comprehensive Plan,Land House and Housing Elements.
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Recommendation,Kinnaman Rezone MF#Z 2019-006
(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.6
As the Findings detail, including at¶ 1.8, the rezone is consistent with these criteria and a
concomitant agreement and further mitigation is unnecessary. While the City Council makes the
ultimate decision, and may weigh policy considerations differently, as the requested rezone
better implements the Comprehensive Plan than the existing zoning, it should be approved.
RECOMMENDATION
The Hearing Examiner recommends approval of the requested rezone from C-1 to R-1.
RECOMMENDATION entered July 11, 2019.
City of Paso He g Examiner
Susan Elizabeth Drummond
6 PMC 25.210.060;PMC 2.50.080(1);Exhibit 2(Staff Report),pgs.2-3.
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