HomeMy WebLinkAboutHE Recommendation Z 2020-008 Sawyers Rezone CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND RECOMMENDATION
Rezone Z 2020-008, Sawyers
January 19, 2021
1. FINDINGS OF FACT
1.1 Proposal. Rezone an approximately 1.5-acre parcel from RS-12 (Suburban) to
RS-1 (Suburban).
• Location. 925 Road 40, Pasco, WA 99301. Assessor No. 119-132-073.1
• Applicant.Nicole Stickney/AHBL c/o Craig Sawyers, 2804 Road 90, Suite H, Pasco,
WA 99301.
1.2 Site. The site is developed with a single-family dwelling along Road 40 and a
large garage/shop structure which bisects the property, limiting development potential.
1.3 Land Use Designations and Rezone Request. The Comprehensive Plan
designates the site as Low-Density Residential, which allows for RS-1 zoning. Surrounding
properties are zoned RS-12 and are developed with single-family homes or vacant; and, RS-20
(County). With RS-12 zoning, the minimum lot size is 12,000 square feet. Given the right-of-
way remaining to be dedicated, and a large garage/shop which bisects the property, the parcel
has the potential for two lots with RS-12 zoning. The Applicant is seeking a rezone to RS-1,
which permits 10,000 square foot lots and would allow for three building lots. The zoning
change is not significant because un undeveloped 1.5-acre parcel in RS-12 could typically result
in up to five lots. For this project, due to site constraints, the rezone would allow for a three-lot
short plat.
1.4 SEPA. The Community and Economic Development Department ("Department")
issued an unappealed Determination of Non-Significance.2
1.5 Evidence Reviewed. The Examiner admitted the Department's Staff Report,
which attached maps (overview, use, 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 January 13,
2021.3 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 January 15. No additional written
' The Staff Report contains the legal description.
2 Staff Report,p.2.
3 Staff Report,p. 3;PMC 25.210.040.No notice concerns were raised.
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Recommendation, Sawyers Rezone Z 2020-008
comments were received. At the hearing, the Department, through Mr. Adams, summarized the
project. The Applicant, through Ms. Stickney, also appeared. There was no public comment.
1.7 Utilities. Municipal water and sewer are available in Roads 39 and 40.
1.8 Access. Roads 39 and 40.
1.9 Rezone Considerations. A rezone to RS-1 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 three-lot short plat 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 into three building lots while
conforming to the lot size standard of the RS-12 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.4
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 will not increase density and is in keeping with Plan objectives to
accommodate planned growth within the City. There is no material detriment to the area. Due to
the limited impacts and the regulatory structure, there is no need for a concomitant agreement.
The requested rezone meets the City's rezone criteria.
4 PMC 25.210.060;PMC 2.50.080; Staff Report,p.4.
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Recommendation, Sawyers Rezone Z 2020-008
RECOMMENDATION
The Hearing Examiner recommends approval of the rezone from RS-12 to RS-1.
RECOMMENDATION entered January 19, 2021.
City of Pasco Hearing Examiner
Susan Elizabeth Drummond
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Recommendation, Sawyers Rezone Z 2020.008