HomeMy WebLinkAboutHE Recommendation Z 2021-005 Jankelson Rezone C-1 to R-4 CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND RECOMMENDATION
Jankelson/Road 68 Joint Venture Rezone, Z 2021-005
June 14, 2021
1. FINDINGS OF FACT
1.1 Proposal. Rezone a vacant 3.5 acre parcel from C-1 (Retail Business) and RS-12
(Suburban)to R-4 (High Density Residential).
• Location.Northwest corner of Road 68 and West Argent Road, Pasco, WA. Assessor
Parcel No. 117-642-072. Lot 2, Binding Site Plan 2003-10.1
• Applicant. Kimberly M. Jankelson / Road 68 Joint Venture, P. O. Box 98210,
Lakewood, WA 98496-0210.
1.2 Land Use Designations and Rezone Request. The Comprehensive Plan
designates approximately 90% of the site Mixed Residential/Commercial and approximately
10% of the site Low-Density Residential. Mixed Residential/Commercial designation allows for
R-4 zoning and is intended for a combination of mixed-use residential and commercial uses,
including single-family and multi-family housing at a density of 5-29 dwelling units per acre.
Low-Density Residential designation is for single-family residential uses and does not allow for
R-4 zoning. Surrounding properties are zoned and developed as follows:
North: RS-12 and C-1, single-family residences and vacant land
East: C-1 and R-4, restaurant and vacant land
South: C-1, commercial
West: RS-12, single-family residences
With the current C-1 and RS-12 zoning, multi-family housing is not allowed. The
Applicant is seeking a rezone to R-4, which permits the creation of lots at a minimum 1,500
square feet and would allow for multi-family housing construction. The rezone request and its
intended use are consistent with the Comprehensive Plan for 90% of the site; approximately 10%
of the site lies outside the Mixed Residential/Commercial land use designation. However, this
limited area has an unusual shape and does not follow property boundary lines though the zoning
does, producing an inconsistency. Overall, the requested R-4 zoning would better meet Plan
intent for the area.2
1 The Staff Report contains the legal description.
z Staff Report,pp. 3-6.
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1.3 Hearing. An open record public hearing was held on June 9, 2021. 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 June 10. No additional written comments were
received. The Department, through Mr. White, summarized the proposal and the Applicant, Mr.
Jankelson, testified. There was no public comment.
1.4 Notice. Public notice was mailed to property owners within 300 feet and
published in the Tri-City Herald on May 18, 2021. No concerns on notice were received. City
notice requirements have been met.3
1.5 SEPA. The Community and Economic Development Department ("Department")
issued an unappealed Determination of Non-Significance recommending mitigation on project
submittal (Conditions 1-5).4
1.6 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, and the DNS. Except as revised, the Staff Report is incorporated into these
findings.
1.7 Utilities. Municipal water and sewer.
1.8 Access. West Argent Road and Road 68.
1.9 Rezone Considerations. A rezone to R-4 implements the Comprehensive Plan,
and is in accord with its goals and policies, which encourage development of lands designated
for high-density residential uses when or where utilities are available, the location is suitable for
multi-family residences, and there is a market demand for such residences. The rezone allows for
the construction of multi-family housing, which is needed in Pasco. There are traffic impacts
which will be evaluated on a project specific basis, as the DNS outlines. Also, with greater
densities, economic opportunities can arise from use co-location, which can reduce vehicle trips.
The rezone will contribute to infill of affordable housing opportunities adjacent to public
facilities (parks, schools, transportation) and commercial centers for residents of the community.
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;
3 PMC 25.210.040.
4 Staff Report,pp. 2 and 7.
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(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.5
As the Findings detail, the rezone follows these criteria. The proposed zoning is
consistent with the Comprehensive Plan Land Use Map for 90% of the site, with the remaining
10% in a designation which does not follow parcel boundaries. The proposed zoning better
implements the Plan. Surrounding uses include multi-family residences. The site has public
transportation access via Ben Franklin Transit Routes 67 and 268, and is within proximity to I-
182 and the Road 68 commercial corridor with access to employers and retail shopping.
Numerous parks, public schools, and recreational facilities are within two miles of the site. The
rezone allows a 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 City's existing
regulatory structure and future project-level review, 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 C-1 and RS-12 to R-4.
RECOMMENDATION entered June 14, 2021.
City of Pasco Hearing Examiner
Susan Elizabeth Drummond
s PMC 25.210.060;PMC 2.50.080.
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