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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. City of Pasco Hearing Examiner Page 1 of 3 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. City of Pasco Hearing Examiner Page 2 of 3 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. City of Pasco Hearing Examiner Page 3 of 3 Recommendation,Kinnaman Rezone MF#Z 2019-006