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HomeMy WebLinkAboutHE Recommendation Z 2021-019 Kennedy-Valdez C-1 to R-3 CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION Z 2021-019 ) Kennedy ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on February 9, 2022, the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as follows: 1. RECOMMENDED FINDINGS OF FACT 1. PROPERTY/APPLICATION DESCRIPTION: 1.1 Leal: Lots 20 to 22, Block 8, Gerry's Addition, located in Section 29,Township 9 North,Range 30 East, W.M.,Records of Franklin County, Washington(Parcel 112053242). 1.2 General Location: 523 West Bonneville Streetm, located near the northeast corner of West Bonneville Street and North 5`"Avenue in Pasco, WA. 1.3 Property Size: .24 Acres(10,499.62 Square feet). 1.4 Applicant: John Kennedy, 3425 E A Street K-103, Pasco, WA 99301. 1.5 Request: Rezone Valdez C-1 to R-3. 2. ACCESS: The site has access from West Bonneville Street. 3. UTILITIES: Municipal water is located in West Bonneville Street. Sewer service is in the alley behind. 4. LAND USE AND ZONING: The property is currently zoned C-1 (Retail Business). The site is developed with a Single-Family Dwelling Unit(SFDU). Surrounding properties are zoned and developed as follows: North R-4 SFDUs and Multi-Family East C-1 Multi-Family South C-1 SFDUs and Multi-Family West R-1 Church 5. COMPREHENSIVE PLAN: The Comprehensive Plan Land Use Map designates the area "Medium-Density Residential;"the"Medium-Density Residential"designation allows for Single family residential development 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 019 Kennedy Page 1 of 7 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 January 19,2022 for this project under WAC 197-11-158. 7. REQUEST: John Kennedy, has submitted an application to rezone Parcel 112053242, located along the north side of West Bonneville Street, from C-1 (Retail Business) to R-3 (Medium-Density Residential). 8. SITE: The site comprises .24 Acres (10,499.62 square feet) and has frontage access on West Bonneville Street. The Comprehensive Plan designates the lot "Medium-Density Residential."The"Medium-Density Residential"designation allows for R-2 through R-4 and RP zoning and may be developed with single-family dwellings, patio homes, townhouses, apartments, and condominiums. 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 incorporated into the City of Pasco in 1910 (Ordinance #1). The home on the site was built in 1929. The site was zoned C-1 (Commercial District) in 1938 (Ordinance #435), and rezoned to C-2 at some undetermined time, and from C-2 back to C-1 in 1974 (Ordinance 1630) The site has not been rezoned since. In support of their petition, Applicant has noted the following: "Parcel# 112053242 is currently a residential property. This parcel, as well as the adjacent parcels, are residential, some are multi-family parcels. This parcel being a residential property is currently zoned as C-1. Being a C-1 zoned parcel impedes the sale of the home for residential purposes. R-3 rezoning enables the property to be sold as a residential home. Rezoning the parcel to R-3 complies with City of Pasco's Comprehensive Plan." 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 zoned C-1 (Commercial District) in 1938 (Ordinance#435) and rezoned to C-2 at some undetermined time; the site was then rezoned from C- 2 back to C-1 in 1974 (Ordinance #1630). The site has not been rezoned since. 10.2 The changed conditions, which are alleged to warrant other or additional zoning: 10.2.1 The home was built in 1929, prior to the Commercial zoning being implemented in the area. Banks do not loan against residential units in commercial zoning districts due to Pasco Municipal Code (PMC) 25.170.050(2), which states: "No building damaged by fire or other causes to the extent of more than 50 percent of the assessed value of the structure as determined by the records of the Franklin County Assessor shall be repaired or rebuilt, except multifamily units . . .... The structure is a single-family dwelling unit(SFDU). 10.2.2 Applicant has made an offer on the house but cannot secure financing for the purchase. According to Applicant, "The current C-1 zoning makes it Z 2021 019 Kennedy Page 2 of 7 impossible for a home buyer to get a home loan, due to its current zoning status. Therefore rezoning to R-3 will enable the parcel to be sold as a residential property and a bank to issue a home loan." 10.2.3 The Comprehensive Plan Land Use Map designation for the area was changed from "Commercial" to "Mixed Residential" in 2004, and to "Medium-Density Residential" with the most recent Comprehensive Plan update. 10.2.4 As well, the parcel to the east was rezoned from C-1 to R-1 in 2019 (Ordinance 4 4450). 10.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 10.3.1 Applicant has submitted the following: 10.3.2 "The current state of the property requires major renovation in order for this property to be move-in ready. Current C-1 zoning will not allow to update, renovate and restore this beautiful 1929 house. Rezoning and renovating the house will help alleviate some the City's pressing housing needs." 10.3.3 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.. 10.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 10.4.1 The area consists primarily of fully developed lots with a mix of SFDUs, Multi-Family, commercial, and church uses. Rezoning the property to R-3 would allow a nonconforming use,which was legally established in 1929 and became nonconforming in 1938 with the establishment of the zoning code, to become conforming, and allow prospective purchasers to obtain bank financing.. 10.5 The effect on the property owner or owners if the request is not granted: 10.5.1 As per Applicant, "This house has been in the market since 2020, has had over the months multiple accepted offers for residential purposes. However current C-1 zoning has hindered the completion of the sale of the property. The property has been vacant since it went on the market and it will remain vacant until it sells." 10.6 The Comprehensive Plan land use designation for the property 10.6.1 The Land Use Element of the Plan now designates the lot "Medium-Density Residential." The "Medium-Density Residential" designation allows for R-2 through R-4 and RP zoning and may be developed with single-family dwellings, patio homes,townhouses,apartments, and condominiums. 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. Z 2021 019 Kennedy Page 3 of 7 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 January 21, 2022. 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 21 January 2022. 13. The Applicant wishes to rezone Parcel 112053242, from C-1 (Retail Business)to R-3 (Medium-Density Residential). 14. The site is located along the north side of West Bonneville Street. 15. The site comprises .24 Acres (10,499.62 square feet). 16. The site has frontage access on West Bonneville Street. 17. The Comprehensive Plan designates the lot"Medium-Density Residential." 18. The"Medium-Density Residential"designation allows for R-2 through R-4 and RP zoning 19. The"Medium-Density Residential"designation may be developed with single-family dwellings, patio homes,townhouses, apartments, and condominiums. 20. Residential density may range from 6 to 20 dwelling units per acre in the"Medium-Density Residential"designated area. 21. The rezone request is consistent with the Comprehensive Plan Land Use Map designation. 22. The site was incorporated into the City of Pasco in 1910 (Ordinance#1). 23. The site was zoned C-1 in 1938. 24. The site was rezoned to C-2 at some undetermined time between 1938 and 1974 25. The site was rezoned from C-2 to C-1 in 1974. 26. The site has not been rezoned since 1974. 27. The home was built in 1929. 28. The home was built prior to the Commercial zoning being implemented in the area. 29. Banks do not loan against residential units in commercial zoning districts in Pasco 30. PMC 25.170.050(2)prohibits the rebuilding of SFDUs in commercial zoning districts. 31. The Comprehensive Plan Land Use Map designation for the area was changed from "Commercial"to"Mixed Residential" in 2004. 32. The Comprehensive Plan Land Use Map designation for the area was recently changed from "Mixed Residential"to"Medium-Density Residential." 33. The parcel to the east was rezoned from C-1 to R-1 in 2019. 34. According to Applicant,the house has been in the market since 2020. 35. According to Applicant,the house has had multiple accepted offers. 36. According to Applicant, current C-1 zoning has hindered the completion of the sale of the property. 37. According to Applicant the property has been vacant since it went on the market. 38. An open record public hearing after due legal notice was held February 9, 2022 via videoconference. Z 2021 019 Kennedy Page 4 of 7 39. Appearing and testifying on behalf of the applicant was Leandro Valdez. Mr. Valdez testified that the property has always been residential, that it is his home and that they want to sell the home. He indicated that he agreed with the presentation made by Mr. Valdez. 40. Also testifying was Anna Louise Kennedy. Ms. Kennedy is the wife of the Applicant, John Kennedy. She stated that she agreed with the staff presentation. 41. No member of the public appeared at the hearing. 42. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 43. 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 of this rezone, the Hearing Examiner has developed findings of fact from which to draw those 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. 1.1 The "Medium-Density Residential" designation allows for R-2 through R-4 and RP zoning and may be developed with single-family dwellings, patio homes, townhouses, apartments, and condominiums. Residential density may range from 6 to 20 dwelling units per acre in the "Medium-Density Residential" designated area. The proposal also aligns with the following Comprehensive Plan Goals and Policies. 1.2 The proposal also aligns with the following Comprehensive Plan Goals and Policies: 1.2.1 Land Use Goal LU-5: maintain a broad range of residential land use designations to accommodate a variety of lifestyles and housing opportunities 1.2.2 Land Use Policy LU-5-A: Allow a variety of residential densities throughout the UGA. The proposed rezone would help to provide a variety of residential densities by providing an area of small lot single family residential development. 1.2.3 Land Use Policy LU-5-B: Encourage higher residential densities within and adjacent to major travel corridors,Downtown(Central Business District), and Broadmoor 1.2.4 R-2 through R-4 and RP zoning would provide for higher density zoning Downtown(adjacent the Central Business District). 1.2.5 Housing Goal H-1: Encourage housing for all economic segments of the city's population consistent with the local and regional market. 1.2.6 Housing Policy H-1-A: Allow for a full 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 Land Use Element of the Comprehensive Plan designates the lot "Medium- Density Residential." Z 2021 019 Kennedy Page 5 of 7 2.2 Medium-Density Residential development of the site would be compatible with the type and density anticipated under the Pasco Comprehensive Plan. 2.3 The "Medium-Density Residential" designation allows for R-2 through R-4 and RP zoning and may be developed with single-family dwellings, patio homes, townhouses, apartments,and condominiums. 2.4 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 designates the lot"Medium-Density Residential." 3.3 The "Medium-Density Residential" designation allows for R-2 through R-4 and RP zoning and may be developed with single-family dwellings, patio homes, townhouses, apartments, and condominiums. 3.4 Further, a rezone of the property will relieve its non-conforming status and allow for legal residence. The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 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. 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. The proposed rezone is consistent with and satisfies all criteria set forth in PMC 25.210.030. 7. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. M. RECOMMENDED DECISION Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner RECOMMENDS APPROVAL that Lots 20 to 22, Block 8, Gerry's Addition, located in Section 29, Township 9 North, Range 30 East, W.M. (Parcel 112053242) located at 523 West Bonneville Street in Pasco, Franklin County, Washington, be rezoned from C-1 (Retail Business) to R-3 (Medium- Density Residential). Z 2021 019 Kennedy Page 6 of 7 Dated this 14`x'day of February,2022. CIT Yt7H/EG EXAM ER An L.Kottkamp Z 2021 019 Kennedy Page 7 of 7