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HomeMy WebLinkAboutHE Recommendation Z 2021-014 Vinh Pham & Viet Buddhist Assoc CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION Z 2021-014 ) Tri-Cities Vietnamese Buddhist Association ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on November 10, 2021, the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as follows: I. RECOMMENDED FINDINGS OF FACT 1. PROPERTY/APPLICATION DESCRIPTION: 1.1 Leal: The west 130 ft. of the south '/z of the southeast '/4 of the northwest %4 of the northeast '/4 of Section 25,Township 9 North, Range 29 East W.M. Pasco, Franklin County, Washington, except roads (Parcel 119341123). 1.2 General Location: 1105 N. 26th Avenue, Pasco, WA. 1.3 Prope Size: 1.3 acres (56,402.45 square feet). 1.4 Applicant: Vinh Pham Quang, 5328 W. Sylvester St., Pasco, WA 99301 1.5 Rezone: Tri-Cities Vietnamese Buddhist Association R-2 to R-4 2. ACCESS: The parcel has access from 26th Avenue. 3. UTILITIES: Municipal water service is located in Henry Street and Octave Street and sewer is available at the corner of Henry and 26th. 4. LAND USE AND ZONING: The property is currently zoned R-2(Medium Density Residential). Surrounding property are also zoned R-2. The site contains a Tri-Cities Vietnamese Buddhist Association church. There is an existing church property to the southwest across 26th Ave. Surrounding Land uses are as follows: North R-3 Stevens Middle School Sports field East R-2 Four-plex apartments South R-2 SFDUs West R-2 Single-& multi-family dwellings 5. COMPREHENSIVE PLAN: The Comprehensive Plan Land Use Map designates the area "Medium-Density Residential;"the"Medium-Density Residential"designation allows for Single-family dwellings,patio homes,townhouses,apartments,and condominiums at a density of 6 to 20 dwelling units per acre.Allowable zoning for the"Medium-Density Residential" land use designation includes the R-2 through R-4 and RP zones. Z 2021 014 Tri-Cities Vietnamese Buddhist Association Page 1 of 6 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the State Environmental Policy Act("SEPA")checklist, Comprehensive Plan, applicable regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS)was issued on October 15, 2021 for this project under WAC 197-11-158. 7. REQUEST: Vinh Pham Quang, has submitted an application to rezone Parcel 9119341123, located along 26th Avenue between West Henry and West Octave Streets, in Pasco, WA., from R-2 (Medium-Density Residential) to R-4 (High-Density Residential). Applicant anticipates subdividing the lot into three residential building lots and developing 4-plex structures on the south two lots. 8. SITE: The site comprises 1.3 acres (56,402.45 square feet), and has frontage access on 26th Avenue which ultimately connects to West Court Street to the north and West Sylvester Street to the south. The Comprehensive Plan designates the lot "Medium-Density Residential." The "Medium-Density Residential" designation allows for R-4 zoning and may be developed with townhouses and apartments. Residential density may range from 6 to 20 dwelling units per acre in the "Medium-Density Residential" designated area. The rezone request is consistent with the Comprehensive Plan Land Use Map designation. 9. HISTORY: The site was annexed into the City and assigned R-2 (Medium-Density Residential) zoning in 1977 (Ordinance #1833). The site has not been rezoned since. The 4280-square-foot church was constructed in the County in 1940 prior to annexation to the City. A 308-square-foot detached garage and a 96-square-foot storage shed were added in 2013. Four-plex apartments were also developed adjacent to the east in 1974, also in the County prior to annexation. The City has recently approved a major update to its Comprehensive Plan. The revised Land Use Element of the approved Plan designated the lot "Medium-Density Residential." 10. REZONE CRITERIA: The initial review criteria for considering a rezone application are explained in PMC 25.210.030. The criteria are listed below as follows: 10.1 The date the existing zone became effective: 10.1.1 The site was assigned R-2 (Medium-Density Residential) zoning in 1977 as part of the annexation (Ordinance 41833). Zoning for the site has not changed since then. 10.2 The changed conditions, which are alleged to warrant other or additional zoning: 10.2.1 City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot "Medium-Density Residential." The "Medium-Density Residential" designation allows for R-4 zoning and may be developed with townhouses and apartments. Residential density may range from 6 to 20 dwelling units per acre in the "Medium- Density Residential" designated area. 10.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 10.3.1 Properties located to the east were developed as four-plex units under Franklin County code, prior to annexation. Z 2021 014 Tri-Cities Vietnamese Buddhist Association Page 2 of 6 10.3.2 The rezone application is consistent with the Pasco Comprehensive Plan, which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. The rezone would allow for residential density between 6 to 20 dwelling units per acre. 10.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 10.4.1 A change in zoning classification may ultimately result in the development of single-family dwellings, patio homes, townhouses, apartments, and/or condominiums, all of which are appropriate for this area, in alignment with the Land Use Element of the Comprehensive Plan. 10.4.2 The rezone application is consistent with and meets the intent of the newly revised and approved goals and policies of the Comprehensive Plan. 10.5 The effect on the property owner or owners if the request is not granted: 10.5.1 If the property remains with the current R-2 zoning designation the site would likely continue as it is, with a large expanse of undeveloped lawn area occupying approximately the south half of the site. 10.6 The Comprehensive Plan land use designation for the property 10.6.1 The City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot "Medium- Density Residential." The "Medium-Density Residential" designation allows for R-4 zoning and may be developed with townhouses and apartments. 10.7 Such other information as the Hearing Examiner requires: 10.7.1 The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals on housing. The opportunity for additional higher-density residential uses in this area supports the Land Use Element of the Comprehensive Plan. 11. Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri-City Herald on October 15, 2021. 12. The Applicant wishes to rezone Parcel #119341123, from R-2 (Medium-Density Residential) to R-4(High-Density Residential). 13. The site is located along 26th Avenue between West Henry and West Octave Streets. 14. Applicant anticipates subdividing the lot into three residential building lots. 15. Applicant anticipates developing 4-plex structures on the south two lots. 16. The site comprises 1.3 acres 17. The site has frontage access on 26th Avenue 18. 26th Avenue connects to West Court Street and West Sylvester Street. 19. The Comprehensive Plan designates the lot"Medium-Density Residential." 20. The"Medium-Density Residential"designation allows for R-4 zoning 21. The "Medium-Density Residential" designation may be developed with townhouses and apartments. Z 2021 014 Tri-Cities Vietnamese Buddhist Association Page 3 of 6 22. Residential density may range from 6 to 20 dwelling units per acre in the "Medium-Density Residential" designated area. 23. The rezone request is consistent with the Comprehensive Plan Land Use Map designation. 24. The site was annexed into the City in 1977. 25. The site was assigned R-2 (Medium-Density Residential) zoning in 1977. 26. The site has not been rezoned since annexation in 1977. 27. The site contains a 4,280-square-foot church. 28. The church was constructed in the County in 1940 prior to annexation to the City. 29. A 308-square-foot detached garage and a 96-square-foot storage shed were added in 2013. 30. Four-plex apartments were developed adjacent to the east in 1974 in the County prior to annexation. 31. The City has recently approved a major update to its Comprehensive Plan. 32. The revised Land Use Element of the approved Plan designated the lot "Medium-Density Residential." 33. An open record public hearing after due legal notice was held November 10, 2021 via videoconference. 34. Appearing and testifying on behalf of the applicant was Paul Christiansen. Mr. Christiansen testified that he was an agent authorized to speak on behalf of the property owner and Applicant. Mr. Christiansen indicated that the Applicant agreed with all representations in the staff report. 35. No member of the public appeared at the hearing. 36. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 37. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. II.RECOMMENDED CONCLUSIONS OF LAW Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. 1.2 City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot"Medium-Density Residential." 1.3 The "Medium-Density Residential' designation allows for R-4 zoning and may be developed with townhouses and apartments. 1.4 Residential density may range from 6 to 20 dwelling units per acre in the "Medium- Density Residential' designated area. 1.5 The proposal also aligns with the following Comprehensive Plan Goals and Policies: Z 2021 014 Tri-Cities Vietnamese Buddhist Association Page 4 of 6 1.5.1 Housing Goal H-1: Encourage housing for all economic segments of the city's population consistent with the local and regional market. 1.5.2 Housing Policy H-1-A: Allow for a fill range of housing including single family homes, townhouses, condominiums, apartments, manufactured housing, accessory dwelling units, zero-lot-line, planned unit developments, etc. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1 The Comprehensive Plan has recently been updated for the area and the Land Use Element of the Plan now designates the lot"Medium-Density Residential." 2.2 The "Medium-Density Residential" designation allows for R-4 zoning and may be developed with townhouses and apartments. 2.3 The application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property. The proposal will not be materially detrimental to the immediate vicinity. 3. There is merit and value in the proposal for the community as a whole. 3.1 The proposed rezone application is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council (Ordinance 4537). 3.2 The Comprehensive Plan has recently been updated for the area and now designates the lot"Medium-Density Residential." 3.3 The "Medium-Density Residential" designation allows for R-4 zoning and may be developed with townhouses and apartments. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 4.1 The rezone application and anticipated project are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. The Design and Construction Standards require a Traffic Study for proposals that generate 25 or more peak hour trips. The City (Lead Agency) issued a Determination of Non-Significance(DNS)on 15 October 2021. 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so,the terms and conditions of such an agreement. 5.1 A concomitant agreement would not be required in this circumstance. 6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. III. RECOMMENDED DECISION Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner RECOMMENDS APPROVAL to the City Council that the west 130 ft. of the south '/2 of the southeast '/4 of the northwest '/4 of the northeast '/4 of Section 25, Township 9 North, Range 29 East W.M. Pasco, Franklin County, Washington, except roads (Parcel 119341123), located at 1105 N. 26th Avenue, Pasco, WA, be rezoned from R-2 (Medium-Density Residential) to R-4 (High-Density Residential). Z 2021 014 Tri-Cities Vietnamese Buddhist Association Page 5 of 6 CIT OF PASCO HEARING EXAMINER re