HomeMy WebLinkAboutHE Recommendation Z 2021-017 Duarte CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2021-017 )
Duarte )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
January 12, 2022, 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 Le ag_l: A portion of the Southeast 1/4 of Section 24, Township 9 North, Range 29
East defined as follows:
Beginning at the Southwest corner of Lot 25,Block 24,Headlight Addition to Pasco,
according to the plat thereof recorded in Volume B of Plats, Page 26, records of
Franklin County, Washington; Thence Easterly on the South line of Lot 25, on a
continuation of said line, a distance of 400 feet; Thence South parallel with the West
line of Said Block 24,the Northwesterly right-of-way line of Primary State Highway
No. 3, as established by Deed recorded December 10, 1952, under Auditor's File No.
149402; Thence Northeasterly along said Northwesterly right-of-way line to the
center line of Jay Street in said addition; Thence Westerly along the center line of Jay
Street to the Westerly line of Block 24 extended Northerly in a straight line; Thence
Southerly along the Northerly extension of said West line and the West line of Block
24,to the Point of Beginning. EXCEPT that portion thereof condemned by the State
of Washington for highway purposes in Franklin County Superior Court Cause No.
12053. TOGETHER WITH the East half of vacated Vancouver Street(Parcel
119300257).
1.2 General Location: A parcel situated on the northeast corner of North 28th Avenue
and West Ella Street in Pasco, WA.
1.3 Prope , Size: .50 Acres(21,866 Square feet).
1.4 Applicant: Permanent Legacy c/o Juana Veronica Porras Duarte, 5512 Buchanan Ln
Pasco, WA 99301.
1.5 Request: Rezone Duarte RS-12 to R-1.
2. ACCESS: The parcel has access from 28th Avenue.
3. UTILITIES: Municipal water and sewer services are located on 28th Avenue.
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4. LAND USE AND ZONING: The property is currently zoned RS-12 (Low-Density
Residential). The site is vacant. Surrounding zoning and land uses are zoned and developed
as follows:
North N/A I-182
East N/A US 395
South RS-12 SFDU
West RS-12 SFDU, Church
5. COMPREHENSIVE PLAN: The Comprehensive Plan Land Use Map designates the area
"Low-Density Residential;"the"Low-Density Residential"designation allows for Single
family residential development at a density of 2 to 5 dwelling units per acre.Allowable
zoning for the"Low-Density Residential"land use designation includes the RS-20, RS-12,
RS-1,R-1,R-1-A, and R-1 A-2 zones. There has been no changed conditions related to a
change in the Comprehensive Plan.
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 December 8,2021 for this project
under WAC 197-11-158.
7. REQUEST: Juana Veronica Porras Duarte, acting in behalf of Permanent Legacy, has
submitted an application to rezone Parcel 119300257, located on the northeast corner of
North 28th Avenue and West Ella Street, from RS-12 (Low-Density Residential) to R-1
(Low-Density Residential).Applicant wishes to create a 3-lot subdivision on the .50-acre site.
8. SITE: The site comprises .50 acres (21,866 Square feet) and has frontage access on 28th
Avenue. The Comprehensive Plan designates the lot "Low-Density Residential." The "Low-
Density Residential" designation allows for RS-20, RS-12, RS-1, R-1, R-1-A, and R-1 A-2
zoning and may be developed with Single family residential uses. Residential density may
range from 2 to 5 dwelling units per acre in the "Low-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 in 1996 (Ordinance#3140) and assigned RS-
12 (Low-Density Residential) zoning (Ordinance #3141) in conjunction with the annexation.
The site has not been rezoned since.
10. The Applicant has the burden of proof to demonstrate that all Code criteria have been
satisfied.
11. 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:
11.1 The date the existing zone became effective:
11.1.1 The site was assigned RS-12 (Low-Density Residential) zoning in
conjunction with the 1996 annexation. Zoning for the site has not changed
since then.
11.2 The changed conditions, which are alleged to warrant other or additional zoning:
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11.2.1 City Council has recently approved an update to the Comprehensive Plan;
however there have been no substantial changes in the designated area. The
Applicant did not offer any evidence of changed conditions.
11.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
11.3.1 The existing RS-12 (Low-Density Residential) zoning is intended to allow
for suburban densities within the Urban Growth Area (UGA). While the
rezone application is consistent with the Pasco Comprehensive Plan, the
Applicant submitted no evidence to satisfy this criteria.
11.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
11.4.1 The area consists primarily of fully developed 12,000-square-foot lots. If
subdivided as per applicant's plan the resultant three lots would be the only
7,200-square-foot lots in the immediate vicinity. While this rezone may feel
like "spot-zoning"—one R-1 lot in the middle of an RS-12 zoning district—
the classic definition of spot zoning is "the process of singling out a small
parcel of land for a use classification totally different from that of the
surrounding area for the benefit of the owner of such property and to the
detriment of other owners" (See: Anderson's American Law of Zoning, 4th
Edition, § 5.12 (1995)). In this instance, R-1 zoning represent higher density,
but does not necessarily constitute"totally different"land use classifications.
11.4.2 Due to the very small lots that would be created, the rezone application
would not be consistent with the character of the neighborhood.
11.5 The effect on the property owner or owners if the request is not granted:
11.5.1 If the property retains the current RS-12 zoning designation the owners
would still enjoy the same right and privileges as owners of the surrounding
lots.
11.6 The Comprehensive Plan land use designation for the property:
11.6.1 The Land Use Element of the Plan now designates the lot "Low-Density
Residential." The "Low-Density Residential" designation allows for RS-20,
RS-12, RS-1, R-1, R-1-A, and R-1 A-2 zoning and may be developed with
single family residential development.
12. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on December 20, 2021.
13. An open record public hearing after due legal notice was held January 12, 2022 via
videoconference.
14 Appearing and testifying on behalf of the Applicant were Juana Veronica Porras Duarte and
Martine Juarez. Ms. Porras Duarte testified that she was the property owner. She testified that
she agreed with all the representations within the staff report. She indicated that she did not
have evidence to support criteria of changed conditions. Mr. Juarez testified that they wanted
to create these three small lots so they could build low income housing
15. No member of the public appeared at the hearing.
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16. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
17. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
H.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 Hearing Examiner has been granted authority to render this recommended decision.
2. The Applicant has the burden of proof to demonstrate compliance with all applicable laws,
rules and regulations. The Applicant has not been able to satisfy its burden of proof to show
compliance with all of the applicable criteria set forth within PMC 25.210.030. Therefore,
this rezone application is not consistent with the Pasco Municipal Code.
3. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
M. RECOMMENDED DECISION
Based upon the above recommended Finding of Facts and recommended Conclusions of
Law,the Hearing Examiner recommends DENIAL of rezone application Z 2021-017.
Dated this 18t1i day January,2022.
CITY ASCO HEARING EXAMINER
rew L.Kottkamp
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