HomeMy WebLinkAbout4630 Ordinance - Davidson RS-20 to R-1 (Z 2022-016 05) - 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:
DOCUMENT TITLE(S) (or transaction contained therein)
1. Ordinance No. 4630
2. Z2022-016
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. Michael Davidson
2.
3.
4.
Additional names on page of document
LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
22-29-09, E 132' OF S 330' OF SE4SE4SW4 EXC CO RDS 22-9-29
Q Additional legal is on page 2 of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
118-611-039
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
AFN t# 1969587 ORDIN
12/14/2022 12:39 PM
11 Page(s) $213.50
Matt Beaton, Auditor
Franklin Co.. WA
PHONE # (509) 544-3096
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. 4630
AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED IN THE NORTHWEST CORNER OF
ROAD 60 AND WEST COURT STREET (6007 WEST COURT STREET),
PASCO, FRANKLIN COUNTY, WASHINGTON, FROM R -S-20 TO R-1.
WHEREAS, Michael Davidson, the Petitioner seeks to rezone Parcel No. 118611039,
located in the Northwest Corner of Road 60 and West Court Street (6007 West Court Street),
Pasco, Franklin County, 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 R -S-20
Ordinance Rezone Z 2022-016 Davidson - 1
(Suburban) to R-1 (Low Density Residential) for the real property as shown in the Exhibit B
attached hereto and described as follows:
The East 132' of the South 330' of the Southeast '/ of the Southeast '/ of the
Southwest '/ of Section 22, Township 9 North, Range 29 East WM, Records of
Franklin County, Except the South 36 feet thereof deeded to Franklin County under
Auditor's File No. 394215 (Parcel No. 118611039).
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 December,
2022.
Blanche arajas
Mayor
ATTEST:
r �
Debra Barham, CMC
City Clerk
Published:
Ordinance Rezone Z 2022-016 Davidson - 2
APPROVED AS TO FORM:
CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2022-016 )
Davidson )
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
1. PROPERTY/APPLICATION DESCRIPTION:
1.1 Legal: The East 132' of the South 330' of the Southeast'/4 of the Southeast'/4 ofthe
Southwest'/4 of Section 22, Township 9 North, Range 29 East WM, Records of
Franklin County, Except the South 36 feet thereof deeded to Franklin County under
Auditor's File No. 394215 (Parcel #118611039).
1.2 General Location: 6007 West Court Street; Said property is situated on the northwest
comer of Road 60 and West Court Street, Pasco, Franklin County, WA.
1.3 Property Size: Approximately .75 acres (32,456.45 square feet)
1.4 Applicant: Michael Davidson, 1310 N 5ffi Avenue, Pasco, WA 99301
1.5 Request: Rezone Parcel 118611039 from R -S-20 (Suburban District) to R-1 (Low -
Density Residential).
2. ACCESS: The site has access from West Court Street and Road 60.
3. UTILITIES: Municipal water is available from both West Court Street and Road 60. There
is no sewer service available to the site. The closest sewer service is approximately 1,785 feet
to the west along West Court Street.
4. LAND USE AND ZONING: The property is currently zoned R -S-20 (Suburban) and is
developed with a Single -Family Dwelling Unit (SFDU) and two outbuildings. Surrounding
properties zoned and developed as follows:
North R -S-20 SFDUs
East R -S-20 Vacant, SFDUs
South C-1 Vacant
West R -S-20 SFDUs
COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for
Mixed Residential/Commercial uses. The Mixed Residential/Commercial designation allows
for a combination of mixed-use residential and commercial in the same development,
Z 2022 016
Davidson
Page 1 of 7
including single-family dwellings, patio homes, townhouses, apartments and condominiums
at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty centers,
business parks, service and office uses are also encouraged in this Land Use designation.
Allowable zoning for Mixed Residential/Commercial includes R-1 through R4, C-1, O, and
Waterfront. Land Use Policy LU4-F similarly suggests the City "Support mixed use, smart
growth, infill, and compact developments with transit and pedestrian amenities that promote a
healthy community."
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 October 20, 2022,
under WAC 197-11-158.
REQUEST: The Applicant submitted an application to rezone the East 132' of the South 330'
of the Southeast '/4 of the Southeast'/4 of the Southwest'/4 of Section 22, Township 9 North,
Range 29 East WM, Records of Franklin County, (6007 West Court Street; Parcel
118611039) from R -S-20 (Suburban District) to R-1 (Low -Density Residential). The rezone
is intended to facilitate a 2 -lot subdivision.
8. SITE: The site is located at 6007 West Court Street, in a primarily residential neighborhood
on the northwest corner of Road 60 and West Court Street. West Court Street is an arterial
street. Property lines extend into the rights-of-way of both West Court Street and Road 60
and would need to be dedicated in conjunction with a short plat.
9. HISTORY: The site was annexed into the City of Pasco in 2012 (Ordinance 4077) as part of
the Riverview Annexation Area #2 and assigned R -S-20 zoning in conjunction with the
annexation (Ordinance 4078). The site is developed with a 1,700 square -foot SFDU and two
outbuildings. The home was built in 1941.
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 2012 (Ordinance 4077) and
assigned R -S-20 zoning (Ordinance 4078) 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 service has been developed in both West Court Street and
Road 60; no sewer service is available to the site; the closest sewer service is
approximately 1,785 feet to the west along West Court Street. Another line
may be found south of the site around 1,859 feet away in Road 62. The
criteria for allocation under the future land use section of Volume II of the
Comprehensive Plan (Vol. 11, page 17) encourages development of lands
designated for low-density residential uses when or where sewer is available,
the location is suitable for home sites, and there is a market demand for new
home sites. However, sewer is not yet available to the site. As sewer is not
yet available to the site, it may not be advisable to rezone to R-1 at this time.
Z 2022 016
Davidson
Page 2 of 7
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 indicates the site is intended for Mixed
Residential/Commercial uses. The Mixed Residential/Commercial
designation allows for a combination of mixed-use residential and
commercial in the same development, including single-family dwellings,
patio homes, townhouses, apartments and condominiums at a density of 5 to
29 dwelling units per acre. Neighborhood shopping and specialty centers,
business parks, service and office uses are also encouraged in this Land Use
designation. Allowable zoning for Mixed Residential/Commercial includes
R-1 through R-4, C-1, O, and Waterfront.
10.3.3 Water service has been developed in both West Court Street and Road 60.
However, no sewer service is available to the site. The closest sewer service
is approximately 1,785 feet to the west along West Court Street. Another line
may be found around 1,859 feet south of the site in Road 62.
10.3.4 The criteria for allocation under the future land use section of Volume Il of
the Comprehensive Plan (Vol. H, page 17) encourages development of lands
designated for low-density residential uses when or where sewer is available,
the location is suitable for home sites, and there is a market demand for new
home sites. As stated above, because sewer is not yet available to the site, it
may not be advisable to rezone to R-1 at this time.
10.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
10.4.1 Rezoning from R -S-20 to R-1 would allow for a 2 -lot subdivision and
development of another new home on the north end of the site. Per PMC
16.15.010, City water and/or sewer service connection to the lot(s), parcel(s)
or tract(s) of land sought to be developed shall be a prerequisite to the
issuance of a development permit. No development permit shall be issued
without compliance with this section except as stated in this chapter.
10.4.2 As noted above, no sewer service is available to the site. The closest sewer
service is approximately 1,785 feet to the west along West Court Street.
10.4.3 Per PMC 16.15.050 The (sewer connection) prerequisite requirements for a
development permit stated in PMC 16.15.010 may be waived by:
10.4.3.1 Approval of the City Council by majority vote at any regular
meeting or administrative approval as contained in subsection (2)
of this section, upon such forms as they shall deem necessary to
enable them to make specific findings of fact as to why a waiver
should be granted. All such waivers must be applied for in writing
on a form or forms to be supplied by the City of Pasco and all
denials of such waiver shall also be in writing and state specific
findings upon which the denial is based. The grant of a waiver may
be reasonably conditioned and any such conditions shall be in
Z 2022 016
Davidson
Page 3 of 7
writing, signed by the owner of the land, recorded and run with the
land. Such conditions may include but shall not be limited to the
following:
10.4.3.1.1. A specific period of exception;
10.4.3.1.2 Required participation in future public sewer and/or water
service extension by L.I.D. or other means;
10.4.3.1.3 The signing by the owner of the property of a hold
harmless and/or indemnity agreement in favor of the City
of Pasco.
10.4.3.2 Administrative approval of the City Manager or designee for waiver of
sewer utility connections provided the property for which the waiver is
requested meets the following conditions:
10.4.3.2.1 Must be of adequate size, soil type, slope and other
conditions to meet the Benton -Franklin Health District
requirements for on-site septic systems and replacement
drain fields and must receive final approval from the
District for the on-site system;
10.4.3.2.2 Must be greater than 200 feet from an existing municipal
sewer service line or must be dependent on the provision
of future sewer infrastructure to receive sewer service —
such as additional line or treatment facility capacity, lift
stations or similar components.
10.4.4 Waiver criteria are listed in PMC 16.15.060. Neither Council nor administrative
approval for exemption has been sought by applicant. Staff indicated that a
development permit will not be issued for this project as currently proposed.
10.4.5 The Benton -Franklin Health District requires a minimum of 12,500 square feet of
useable area per lot in the most suitable soil conditions and up to 22,000 square feet
in a clay loam soil for a septic system. With appropriate rights-of-way dedicated, the
remaining lot size would be around 28,082 square feet.
10.5 The effect on the property owner or owners if the request is not granted:
10.5.3 With the current R -S-20 zoning the property owner could not subdivide the lot
(currently 32,439.73 square feet).
10.6 The Comprehensive Plan land use designation for the property
10.6.1 The Comprehensive Plan indicates the site is intended for Mixed
Residential/Commercial uses. The Mixed Residential/Commercial designation allows
for a combination of mixed-use residential and commercial in the same development,
including Single-family dwellings, patio homes, townhouses, apartments and
condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood
shopping and specialty centers, business parks, service and office uses are also
encouraged in this Land Use designation. Allowable zoning for Mixed
Residential/Commercial includes R-1 through R-4, C-1, O, and Waterfront.
10.7 Such other information as the Hearing Examiner requires
Z 2022 016
Davidson
Page 4 of 7
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 West Court Street and Road 60 in conjunction
with any future development. The resulting parcel would be around 28,082 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.
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 Appearing and testifying on behalf of the applicant was Michael Davidson. Mr. Davidson testified
that he was the Applicant and property owner. Mr. Davidson testified that he bought the property
approximately one year ago. He was advised by his real estate agent that the property could be
subdivided. He indicated that the lot to be created by this rezone would be approximately 14,000
sq.ft. and septic should be allowed. He stated there is City water to the site. He stated that he will use
the property to develop one single family residence. He indicated that the well on the property would
be abandoned.
14 The following members of the public testified at the hearing:
14.1 Maria Valdez. Ms. Valdez agreed with Mr. Davidson's proposal. She indicated that the
rezone was good for the community in that it would allow the development of a new,
affordable home.
14.2 In response, Mr. Davidson testified that he agreed with Ms. Valdez. There is no affordable
housing in this area and his intent was to develop the property with an affordable house.
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.
II. 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 indicates the site is intended for Mixed
Residential/Commercial uses. The Mixed Residential/Commercial designation allows
for a combination of mixed-use residential and commercial in the same development,
including Single-family dwellings, patio homes, townhouses, apartments and
condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood
shopping and specialty centers, business parks, service and office uses are also
encouraged in this Land Use designation. Allowable zoning for Mixed
Residential/Commercial includes R-1 through R-4, C-1, O, and Waterfront.
1.2 The proposal is consistent with the Comprehensive Plan Land Use Map and
Comprehensive Plan Policy Land Use Goals; Land Use Policy LU -4-F similarly
suggests the City "Support mixed use, smart growth, infill, and compact
Z 2022 016
Davidson
Page 5 of 7
developments with transit and pedestrian amenities that promote a healthy
community."
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 The Comprehensive Plan indicates the site is intended for Mixed
Residential/Commercial uses. The Mixed Residential/Commercial designation allows
for a combination of mixed-use residential and commercial in the same development,
including Single-family dwellings, patio homes, townhouses, apartments and
condominiums at a density of 5 -to 29 dwelling units per acre. Neighborhood
shopping and specialty centers, business parks, service and office uses are also
encouraged in this Land Use designation. Allowable zoning for Mixed
Residential/Commercial includes R-1 through R-4, C-1, O, and Waterfront; 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.
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. A development permit
will not be issued for this project as currently 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 East 132' of the South 330' of the Southeast %4 of the
Southeast %4 of the Southwest '/a of Section 22, Township 9 North, Range 29 East WM, Records of
Franklin County, Except the South 36 feet thereof deeded to Franklin County under Auditor's File
No. 394215 (6007 West Court Street; Parcel #118611039), located on the northwest corner of Road
60 and West Court Street, Pasco, Franklin County, WA, be rezoned from R -S-20 (Suburban District)
to R-1 (Low -Density Residential). Because sewer is not yet available to the site, and staffs opinion
was that it was not advisable to rezone to R-1 at this time, and because staff further indicated that a
Z 2022 016
Davidson
Page 6 of 7
development permit would not be issued for this project as currently proposed, the Pasco City
Council should look carefully at this rezone request before considering the Hearing Examiner's
recommendation.
Dated this 10�h day of November IOT)
Z 2022 016
Davidson
Page 7 of 7
ID- HJ -89
ID H169
r—I
For/
Adam,
n 1, —L- i I q
65 UVOld
nEl [�) � d
0
=13
t;
Ile
8:D
a
C�
Z9 at/02i1*
C',
O
0
Li
cud
-4
1
Id CINZ9
cl
For/
Adam,
n 1, —L- i I q
65 UVOld
nEl [�) � d
0
=13
t;
Ile
8:D
a
C�
Z9 at/02i1*
C',