HomeMy WebLinkAboutHE Recommendation Z 2020-003 Nelson Trust CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND RECOMMENDATION
Rezone Z 2020-003, Nelson Trust
October 29, 2020
1. FINDINGS OF FACT
1.1 Proposal. Rezone a one-acre parcel from RS-20 (Suburban) to RS-12 (Suburban).
• Location. 2217 Road 84, Pasco, WA 99301. Assessor No. 118-442-025.
• Applicant. Donald and Janet Nelson Trust, 2217 Road 84, Pasco, WA 99301.
1.2 Site Characteristics and Use. The site is developed with a single-family
dwelling on the northern portion of the parcel. The site slopes down to the south.
1.3 Land Use Designations and Rezone Request. The Comprehensive Plan
designates the site as Low-Density Residential, which allows for RS-12 zoning. Surrounding
properties are zoned RS-20 and are developed with single-family dwellings or vacant.
With the current RS-20 zoning, the minimum lot size of newly-created parcels is 20,000
square feet. Given the right-of-way remaining to be dedicated for Road 84, the parcel does not
have sufficient area to be subdivided. The Applicant is seeking a rezone to RS-12, which permits
the creation of lots at a minimum 12,000 square feet and would allow for a future two-lot short
plat. After short platting, the Applicant anticipates selling the second lot for the construction of a
single-family dwelling.
1.4 SEPA. The Community and Economic Development Department ("Department")
issued an unappealed Determination of Non-Significance.1
1.5 Evidence Reviewed. The Examiner admitted the Department's Staff Report,
which attached maps (overview and zoning) and photographs of the site and surrounding area.
Except as revised, the Staff Report is incorporated into these findings.
1.6 Hearing. A properly noticed open record public hearing was held on October 14,
2020.2 Due to COVID-19 restrictions, the hearing was conducted remotely, with the Examiner,
Department, and Applicant calling in. Access information was available to the public to allow
citizens to join via either a video link or telephone call-in. There were no reported technical
difficulties during the call or afterwards. However, in case any citizens who wished to comment
had difficulty calling in, the record was kept open through October 16. No additional written
comments were received. The Department summarized the project, the Applicant was not
present, and there was no public comment.
1 Staff Report,pp. 1-2.
2 Staff Report,p. 3;PMC 25.210.040.No notice concerns were raised.
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Recommendation,Nelson Trust Rezone Z 2020-003
1.7 Utilities. Municipal water and sewer.
1.8 Access. Road 84 and Nelson Court.
1.9 Rezone Considerations. A rezone to R-12 implements the Comprehensive Plan,
and is in accord with its goals and policies, which encourage development of lands designated
for low-density residential uses when or where sewer is available, the location is suitable for
home sites, and there is a market demand for new home sites.
The future creation of a second lot on the parcel advances home ownership, contributes to
a variety of housing options for residents of the community, and encourages the maintenance of
established neighborhoods as safe and enjoyable places to live.
The lot does not have sufficient area to be subdivided while conforming to the lot size
standard of the RS-20 zoning district. A change in zoning will have no adverse impacts on
existing or planned residential development in the vicinity.
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, the rezone follows these criteria. The proposed zoning is
consistent with the Comprehensive Plan Land Use Map. Surrounding uses include single-family
residences. The rezone allows a slight density increase in keeping with Plan objectives to
accommodate planned growth within the City. There is no material detriment to the area. Due to
the modest increase and regulatory structure, there is no need for a concomitant agreement. The
requested rezone meets the City's rezone criteria.
RECOMMENDATION
The Hearing Examiner recommends approval of the rezone from RS-20 to RS-l 2.
3 PMC 25.210.060;PMC 2.50.080; Staff Report,pp. 3-4.
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Recommendation,Nelson Trust Rezone Z 2020-003
RECOMMENDATION entered October 29,2020.
City of Pasco Hearing Examiner
Susan Elizabeth Drummond
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Recommendation,Nelson Trust Rezone Z 2020-003