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Home My WebLink About4628 Ordinance - Vera Acevedo RS-12 to R-1 (Z 2022-014) - RECORDEDFRANKLIN COUNTY RECORDING COVER SHEET NAME AND RETURN ADDRESS: City of Pasco 525 N. Third Avenue Pasco, WA 99301 FORM COMPLETED BY: Krystle Shanks PLEASE PRINT OR TYPE INFORMATION: AFN # 1969585 ORDIN 12/14/2022 12:39 PM 9 Page(s) $211.50 Matt Beaton. Auditor Franklin Co., WA PHONE # (509) 544-3096 DOCUMENT TITLE(S) (or transaction contained therein) 1. Ordinance No. 4628 2. Z2022-014 3. GRANTOR(S) (Last name, first name, middle name/initials): 1. Citv of Pasco 2. 3. 4. ❑ Additional names on page of document GRANTEE(S) (Last name, first name, middle name/initials): 1. Jesus Vera Acevedo 2. 3. 4. Additional names on page of document LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range) 26-29-09, S 84' OF EV WID NW4NW4NE4 26-9-29 ❑✓ Additional legal is on page 2 of document AUDITOR'S REFERENCE NUMBER(S) ASSESSOR'S PROPERTY TAX PARCEL NUMBER 119-502-057 ❑ Additional parcel numbers on page of document The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information EMERGENCY NONSTANDARD REQUEST I am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in RCW 36.18.010. 1 understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature Date FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ORDINANCE NO. 4628 AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED AT 1305 ROAD 44, PASCO, FRANKLIN COUNTY, WASHINGTON, FROM RS -12 TO R-1. WHEREAS, Jesus Vera Acevedo, the Petitioner seeks to rezone Parcel No. 119502057, located at 1305 Road 44, Pasco, Washington; and WHEREAS, a complete and adequate petition for change of zoning classification meeting the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon such petition on November 9, 2022; and WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and value in the proposal for the community as a whole; (d) any impacts of the rezone application and anticipated development will be mitigated by the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant agreement is not required under these circumstances; and (f) the proposed rezone is consistent with and satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to approve the rezone, which findings and recommendation are hereby adopted by the City Council, and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from RS -12 (Suburban Residential) to R-1 (Low Density Residential) for the real property as shown in the Exhibit B attached hereto and described as follows: Ordinance Rezone Z 2022-014 Vera Acevedo - 1 The South 84 feet of the Northwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 26, Township 9 North, Range 29 East, WM, Records of Franklin County, Except Roads (Franklin County Tax Parcel No. 119502057). Section 2. This Ordinance shall take full force and effect five (5) days after approval, passage and publications required by law. PASSED by the City Council of the City of Pasco, Washington this 5th day of Decmber, Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC Kerr Fer n aw, PLLC City Clerk City orneys Published:.. �_ Ordinance Rezone Z 2022-014 Vera Acevedo - 2 CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT, RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION Z 2022-014 ) Acevedo ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on November 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: I. RECOMMENDED FINDINGS OF FACT PROPERTY/APPLICATION DESCRIPTION: 1.1 Legal: The South 84 feet of the Northwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 26, Township 9 North, Range 29 East, WM, Records of Franklin County, Except Roads (Franklin County Tax Parcel #119502057). 1.2 General Location: Said property is situated at 1305 Road 44, Pasco, Franklin County, WA. 1.3 Prope , Size: Approximately 2.30 acres (53,895.76 square feet). 1.4 Applicant: Jesus Vera Acevedo, 1305 Road 44, Pasco, WA 99301-2849. 1.5 Re uest: Rezone Parcel 119502057 from RS -12 (Low -Density Residential) to R-1 (Low -Density Residential). 2. ACCESS: The parcel has access from Roads 42 and 44. 3. UTILITIES: Municipal water and sewer are available from Roads 42 and 44. 4. LAND USE AND ZONING: The property is currently zoned RS -12 (Suburban Residential) and is developed with a SFDU and two outbuildings. Surrounding properties zoned and developed as follows: NORTH RS -12 SFDUs EAST RS -l2 SFDUs SOUTH RS -12 SFDUs WEST RS -12 SFDUs COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for low- density residential development. According to the Comprehensive Plan, low-density residential development means 2 to 5 dwelling units per acre. The criteria for allocation under the future land use section of Volume 1I of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for low-density residential uses when or where Z 2022 014 Acevedo Page 1 of 5 sewer is available, the location is suitable for home sites, and there is a market demand for new home sites. Policy H -1-E encourages the advancement of home ownership, and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU -2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. Policy LU -3-B encourages infill and density including planned -unit -developments to protect open space and critical areas and provide recreational areas and amenities in support of more intensive, walkable neighborhoods: The proposed subdivision will infill a (mostly) vacant lot. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non -Significance (DNS) was issued for this project on 23 September 2022, under WAC 197-11-158. 7. REQUEST: Applicant has submitted a rezone application (Z 2022-014) from RS -12 (Low - Density Suburban Residential) to R-1 (Low -Density Residential), for the South 84 feet of the Northwest 1/4 of the Northwest'/4 of the Northeast'/4 of Section 26, Township 9 North, Range 29 East, located at 1305 Road 44 (Parcel 119502057), located along Road 44 just north of West Marie Street. The rezone is intended to facilitate a 5 -lot subdivision. 8. SITE: The site is located at 1305 Road 44, in a low-density residential neighborhood about 580 feet south of the intersection of Road 44 and West Court Street. West Court Street is an arterial street. The site is long and narrow (641.63' X 84'), with frontages on both Roads 42 and 44. Property lines extend into the right-of-way in both roads, and would need to be dedicated in conjunction with a short plat, thus reducing the length of the lot by approximately 20' on each end to around 601.' 9. HISTORY: The site was annexed into the City of Pasco in 1996 (Ordinance 3144) as part of the Riverview Annexation Area #3 and assigned RS -12 zoning in conjunction with the annexation (Ordinance 3145). The site is developed with a 1,456 square -foot SFDU and two outbuildings. The home was built in 1948. A Daycare Facility Special Permit (SP 2022-007) was approved for the site on 22 September 2022. 10. REZONE CRITERIA: The initial review criteria for considering a rezone application are explained in PMC 25.88.030. The criteria are listed below as follows: 10.1 The date the existing zone became effective: 10.1.1 The site was annexed to the City of Pasco in 1996 (Ordinance 3144) and assigned RS -12 zoning (Ordinance 3145) in conjunction with the annexation. The zoning has not changed since the annexation. 10.2 The changed conditions, which are alleged to warrant other or additional zoning: 10.2.1 The property is considered "infill" property as development has occurred around it. Water and sewer services have been developed in both Roads 42 and 44 which front the site to the east and west, respectively. Due to Pasco's rapid population increase, developing the remaining infill properties around the City has become crucial to accommodate future growth. By rezoning the property to R-1 which permits the creation of lots at a greater density than Z 2022 014 Acevedo Page 2 of 5 RS -12, the applicant may then develop the property with one more single- family home. 10.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 10.3.1 The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. 10.3.2 The Comprehensive Plan designates the property "Low -Density Residential." As such, the site may be zoned RS -20, RS -12, RS -1, R-1, or R -1-A. The Low -Density Residential designation includes "Residential development at a density of 2 to 5 dwelling units per acre" R-1 zoning allows for a minimum lot size of 7,200 square feet. 10.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 10.4.1 The surrounding neighborhood is a variety of different shaped and sized lots, ranging from 8,856 (in the 1970 Sam Clemens subdivision) to 13,000+ square feet. 10.4.2 Rezoning from RS -12 to R-1 would allow for a 5 -lot subdivision and development of 5 new homes on what is now a mostly vacant lot. 10.4.3 There is insufficient lot width to reasonably accommodate a public street right-of-way; in order to fully utilize the long, narrow site. Applicant desires to invoke the provisions of PMC 21.20.060 "Lots without public street frontage," which, among other things, includes an allowance for a private, shared access road. 10.5 The effect on the property owner or owners if the request is not granted: 10.5.1 With the current RS -12 zoning the property owner could subdivide the lot (current 53,896 minus R O -W dedication on each end) into 4 parcels of approximately 12,621 square feet each. One building lot would be lost. 10.6 The Comprehensive Plan land use designation for the property 10.6.1 The Comprehensive Plan designates the site "Low -Density Residential." The "Low -Density Residential" designation allows for R -S-20, R -S-12, R -S-1, R- 1, R -1-A, and R -1-A2 zoning and may be developed with Single family residential development at a density of 2 to 5 dwelling units per acre. 10.7 Such other information as the Hearing Examiner requires 10.7.1 No rights-of-way have been dedicated around the site. Rights-of-way would need to be dedicated at the frontages of both Road 42 and 44 in conjunction with any future development. The resulting parcel would be around 50,484 square feet. 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 19, 2022. Z 2022 014 Acevedo Page 3 of 5 12. An open record public hearing after due legal notice was held November 9, 2022, with the Planning Department staff and public appearing in person and the Hearing Examiner appearing via videoconference. 13. The Applicant did not appear at the hearing. The Applicant was provided written notice of the date, place and time of the hearing. 14. The following members of the public testified at the hearing: 14.1 Dave Hurley. Mr. Hurley testified as to his opinion that locating homes next to this daycare would not be safe for the children at the daycare. He was opposed to this rezone. 14.2 Cathy Wold. Ms. Wold is opposed to this rezone. She was also opposed to the daycare. She was concerned that the property would only allow for the development of small homes and therefore, may impact property values of neighboring properties. 15. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 16. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. U. 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: The proposal is in accordance with the goals and policies of the Comprehensive Plan. 1.1 The Comprehensive Plan designates the lot "Low -Density Residential." The "Low - Density Residential" designation allows for R -S-20, R -S-12, R -S-1, R-1, R -1-A, and R -1-A2 zoning and may be developed with Single family residential development at a density of 2 to 5 dwelling units per acre. 1.2 The proposal is consistent with the Comprehensive Plan Land Use Map and Comprehensive Plan Policy Land Use Goals; H-1 Encourages housing for all economic segments of the city's population. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1 The Comprehensive Plan designates the lot "Low -Density Residential." 2.2 The Low -Density Residential designation allows for R -S-20, R -S-12, R -S-1, R-1, and/or R -1-A zoning district. The proposed rezone is consistent with the Comprehensive Plan; As such, this proposal will not be materially detrimental to any future nearby developments. There is merit and value in the proposal for the community as a whole. 3.1 The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council. Based on past experience with rezoning underutilized land adjacent to existing subdivisions, the proposed rezone will not negatively impact adjoining properties. Rezoning the property will assist with the implementation of the Comprehensive Plan. Z 2022 014 Acevedo Page 4 of 5 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 4.1 The Pasco Municipal Code includes design standards for residential development. Furthermore, with a rezone the area would need to be short -platted to meet current City subdivision standards. If or when applicants pursue the development of this property, they will be required to conform to subdivision and design standards established by the PMC. No special conditions are proposed. 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 If or when applicants pursue the development of this property, they will be required to conform to subdivision and design standards established by the PMC. No Concomitant Agreement is considered necessary for this application. 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 that the for the South 84 feet of the Northwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 26, Township 9 North, Range 29 East, located at 1305 Road 44 (Parcel 119502057), located along Road 44 just north of West Marie Street, Franklin County WA, be rezoned from RS -12 (Low -Density Residential) to R-1 (Low -Density Residential). 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