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Home My WebLink AboutHE Recommendation ZD 2020-001 J&J Kelly CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ZONING DETERMNATION RECOMMENDATION J&J Kelly Construction Rezone, ZD 2020-001 March 25,2021 1. FINDINGS OF FACT 1.1 Proposal. Rezone a 17.15 acre site containing five parcels within the Urban Growth Area from RS-20 (Suburban)to R-1 (Low Density Residential). • Location. South of Wernett Road between Roads 52 and 56, Pasco, WA 99301. Assessor Parcel Nos. 118-621-028, 118-621-019, 118-621-037, 118-621-046, and 118-621-055.' • Applicant. J&J Kelly Construction, 1802 Road 76, Pasco, WA 99301. 1.2 Land Use, Designations, and Rezone Request. The five-parcel site, containing three single-family residences and three outbuildings, is located in the County. The City is in the process of annexing it. Land annexed within the Riverview area typically adopts the current County zoning designation, which is RS-20. However, with the availability of sewer, more density would be contemplated, and the Applicant is requesting R-1 zoning. The Comprehensive Plan designates the site Low Density Residential, which allows for R-1 zoning. R-1 zoning allows a 7,200 square foot minimum lot size, rather than the 20,000 square foot minimum of RS- 20. All surrounding properties are zoned RS-20 and include single-family residences, vacant land, and floodplain. 1.3 Annexation. The annexation is not before the Examiner. Once the Examiner's zoning determination is made, it will be forwarded to the City Council for the public hearing on the annexation. If annexed, the Council would adopt a separate ordinance zoning the property.2 1.4 SEPA. The Community and Economic Development Department ("Department") issued an unappealed Mitigated Determination of Non-Significance requiring a non-intrusive cultural resources survey from a qualified professional be prepared and submitted to the City for approval before any site improvements may begin.3 1.5 Evidence Reviewed. The Examiner admitted the Department's Staff Report, which attached maps (overview, vicinity, use, zoning, and comprehensive plan), photographs of the surrounding area, an annexation area map, and public comment. Several public comments (along with a Department response to comment) were received just before and after the hearing and admitted. Except as revised, the Staff Report is incorporated. 1 The Staff Report contains the legal descriptions. z PMC 25.220.020. 3 Staff Report,pp.4-5. City of Pasco Hearing Examiner Page 1 of 3 Recommendation,Rezone,ZD 2020-001 1.6 Hearing. A properly noticed open record public hearing was held on March 10, 2021.4 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 March 12. Additional public comments were submitted. The Department, through Mr. Adams, summarized the proposal and the Applicant, Mr. Kelly, testified. There was citizen testimony from Mr. Bockman, who opposed the rezone, which increases allowed densities. 1.7 Notice. Notice was mailed to property owners within 300 feet and published in the Tri-City Herald. No concerns with notice were raised. Notice met code requirements.s 1.8 Written Public Comment. Written public comment supported and opposed the rezone. Comments in support emphasized the need for housing. Comments in opposition emphasized the impacts of a density increase and the resulting change in neighborhood character and transportation concerns. 1.7 Utilities. Municipal water is available in Road 56 and Wernett Road. The Applicant is working with City engineers to bring sewer service to the site. 1.9 Access. Roads 52 and 56, and Wernett Road. 1.10 Rezone Considerations. A rezone to R-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 utilities are available, the location is suitable for single-family residences, and there is a market demand for such residences. The rezone allows for constructing single-family housing, for which there is market demand in Pasco, and contributes to a variety of housing options for community residents. Public concern over the rezone, as reflected in written comment, is largely based on the increase in density. The site is surrounded by RS-20 zoning and single-family homes, with vacant lands to the south and west, and floodplain to the south. The rezone does provide a modest density increase, which supports Plan housing and affordability goals. The increase is a function of annexation, and sewer availability, as the property is being added to urbanizing area. 2. CONCLUSIONS The Comprehensive Plan is central is considering zoning associated with an annexation proposal. "The establishment of zoning for annexation areas shall be guided by the land use designations and policies of the Comprehensive Plan. ,6 In zoning recommendations not involving an annexation, the Comprehensive Plan is also a central consideration, but other criteria are also considered. 4 Staff Report,p. 4;PMC 25.210.040.No notice concerns were raised. 5 Staff Report,p.4;PMC 25.210.040 and 25.220.020. 6 PMC 25.220.030. City of Pasco Hearing Examiner Page 2 of 3 Recommendation,Rezone,ZD 2020-001 (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; (c) A concomitant agreement should be entered into between the City and the petitioner, and, if so,the terms and conditions of such an agreement.' The initial zoning petition has additional requirements, which the Staff Report details, which focus on the rationale for the zone change, including changed conditions, consistency with the public health, safety and welfare, the effect on adjoining properties and on the property owner (if not granted), as well as the Comprehensive Plan designation! These latter considerations ensure there is adequate information before the Examiner. These facts were provided. As the Findings detail, the rezone follows the criteria for a rezone associated with an annexation, and the standard rezone criteria. The proposed zoning is consistent with the Comprehensive Plan Land Use Map. Surrounding uses include single-family residences. The rezone allows a density increase in keeping with Pian objectives to accommodate planned growth within the City. There is no material detriment to the area. Due to the City's existing regulatory structure and future project-level review, including for transportation, noise and dust impacts, there is no need for a concomitant agreement. There will be impacts and an increase in density, but that is the function of moving into an urbanizing environment within an incorporated City, under the Growth Management Act, Ch. 36.70A RCW. Should annexation proceed, the Examiner's zoning determination recommendation is that the requested zoning is consistent with the City's rezone criteria and should be applied to the properties. RECOMMENDATION The Hearing Examiner's zoning determination recommendation is approval of the rezone from RS-20 to R-1. RECOMMENDATION entered March 25 2021. City of Pasco He g Examiner Susan Elizabeth Drummond PMC 25.210.060;PMC 2.50.080. 8 Staff Report,pp.3-4;PMC 25.210.030. City of Pasco Hearing Examiner Page 3 of 3 Recommendation, Rezone,ZD 2020-001