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Home My WebLink About4707 Ordinance - Welch Rezone RS-12 to R-1 (Z2023-013) - UNRECORDEDOrdinance – Rezone Z 2023-013 - 1 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. 4707 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF W HENRY STREET BETWEEN ROAD 44 AND ROAD 42, PASCO, FRANKLIN COUNTY, WASHINGTON, FROM RS-12 (RESIDENTIAL SUBURBAN) TO R-1 (LOW- DENSITY RESIDENTIAL). WHEREAS, the Petitioner, Gary Questad on behalf of Michael Welch, seeks to rezone Parcel No. 119512299, in 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 of Pasco (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 January 10, 2024; 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 proposal 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 (Residential Suburban) to R-1 (Low Density Residential) for the real property as shown in the Exhibit B attached hereto and described as follows: SM 2023-012 BLA PER RS-1968785 PARCEL 119512297 .44 AC, PARCEL 119512331 2.56 AC, AFTER BLA PARCEL 119512298 .77 AC, PARCEL 119512299 2.22 AC FOR 2023 TAX YEAR Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance. Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 4. Effective Date. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this 20th day of February, 2024. _____________________________ Pete Serrano Mayor APPROVED AS TO FORM: ___________________________ Kerr Ferguson Law, PLLC City Attorneys ATTEST: _____________________________ Debra Barham, CMC City Clerk Published: Sunday, February 25, 2024 Ordinance – Rezone Z 2023-013 - 2 CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) ) ) ) ) ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION Z 2023-013 Questad THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on January 10, 2024, 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: 2. 3. 4. 5. 1.1 Legal: ADWSTED PARCEL A SM 2023-012 BLA PER RS-1968785 PARCEL 119512297 .44 AC,PARCEL 119512331 2.56 AC,AFTERBLA PARCEL 119512298 .77 AC, PARCEL 119512299 2.22 AC FOR 2023 TAX YEAR 1.2 General Location: Located on the south side of W Herny Street between Road 44 and Road 42 in Pasco, WA. 1.3 Property Size: Approximately 2.22 Acres. 1.4 Request: Rezone Parcel #119-512-299 from RS-12 (Residential Suburban) to R-1 (Low-Density Residential). 1.5 Owner/Applicant: Gary Questad, 6114 Kent Lane, Pasco, WA 99301. ACCESS: The parcel has access on W Henry Street. UTILITIES: Municipal water is available in W Herny Street, municipal sewer is located approximately 150 feet to the west in Road 44 and approximately 125 feet to the east in Road 42. LAND USE AND ZONING: The site is zoned RS-12 (Residential Suburban) and is developed with a single family dwelling unit and various accessory structures. Surrounding properties are zoned and developed as follows: North: RS-12 LOW DENSITY RESIDENTIAL/TRI CITY ADVENTIST East: RS-12 South: RS-12 West: RS-12 SCHOOL TRACK LOW DENSITY RESIDENTIAL/SINGLE FAMILY DWELLING LOW DENSITY RESIDENTIAL/SINGLE FAMILY DWELLING Low Density Residential/CITY OF PASCO HERITAGE PARK COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan designates this site as "Low Density Residential." The Low-Density Residential designation is described as a variety of residential housing at a density of 3 to 6 dwelling units per acre, and may be assigned RS-20, RS-12, RS-1, R-1, R-1-A, and R-l-A2 designations. Per PMC 25.215.015 Z 2023 013 Questad Rezone Page 1 of 5 EXHIBIT A maximum gross density of any proposed development within any zoning district, expressed as dwelling units per acre, shall be no less than the corresponding minimum density expressed in the Comprehensive Plan land use density table, and no greater than the corresponding maximum density expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25 .161 PMC. Housing Goal H-1 requires the City to encourage housing for all economic segments of the city's population consistent with the local and regional market; Housing Policy H-1-A further details that the City should allow for a full range of housing including single family homes, townhouses, condominiums, apartments, and manufactured housing, accessory dwelling units, zero lot line, planned unit developments etc. 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) for this project was issued on December 4, 2023, under WAC 197-11-158. 7.REQUEST: Applicant Gary Questad wishes to rezone Parcel 119-512-299, located on the south side ofW Henry Street between Road 42 and Road 44 in Pasco, WA 99301 from RS- 12 (Residential Suburban) to R-1 (Low-Density Residential). The sites comprise approximately 2.22 acres. The underlying Land Use Code is "Low Density Residential," which specifies 3 to 6 dwelling units (DU) per acre. The Hearing Examiner notes that the proposed rezone does not include a project action. It is anticipated that should the rezone be approved a subsequent subdivision project may be submitted for review. This review would include requirements for the impacts it has on the level of service for parks, transportation, etc. Any subsequent subdivision proposals would additionally be required to adhere to Pasco Municipal Code, including provisions such as connectivity and residential design standards. 8.HISTORY: The site was annexed into the City via Ordinance 3144 and subsequently assigned the RS-12 (Residential Suburban) zoning designation via Ordinance 3145. The site is undeveloped with a post and wire fence located around and inside the property. 9.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: 9.1 The date the existing zone became effective: 9.1.1 The site was assigned RS-12 zoning in 1996 via Ordinance 3145. 9.2 The changed conditions, which are alleged to warrant other or additional zoning: 9.2.1 In 1996 the site was annexed into the City and given the Low-Density Residential designation, and has remained so since. 9.2.2 On January 24, 2022, Council approved Ordinance 4575, amending the Zoning code, including Pasco Municipal Code (PMC) 25.45 relating to the R-1 zoning district. The approved ordinance changed the purpose of the R-1 zone found in PMC 25.45.010, as follows: "The R-1 low density residential district is established to provide a low to medium density residential environment compliant with the Comprehensive Plan land use density table in PMC 25.215.015. Certain public facilities and institutions may also be permitted, provided their nature and location are not detrimental to the intended low to medium density residential environment,". As well, PMC 25.45.020 added zero-lot line dwellings, multiple dwellings, duplexes, Z 2023 013 Questad Rezone Page 2 of 5 triplexes, and courtyard apartments to the mix of allowed uses in the R-1 zoning district. The density requirement in PMC 25.45.050 was also amended to eliminate the one-unit-per-lot development restriction. 9.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 9.3.1 The Low Density Residential designation allows forRS-20, RS-12, RS-1, R- 1, R-1-A, and R-l -A2 zoning development with a higher density of dwelling units per acre will help reduce urban sprawl and increase home ownership. 9.3.2 Per PMC 25.215.015 maximum gross density of any proposed development within any zoning district, expressed as dwelling units per acre, shall be no less than the corresponding minimum density expressed in the Comprehensive Plan land use density table, and no greater than the corresponding maximum density expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25.161 PMC 9.3.3 The rezone application and proposal are consistent with the Council approved amendments to 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. 9 .4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 9 .4.1 A change in zoning would be consistent with the comprehensive plan Land Use Map Low Density Residential designation for the site. Per Applicant, the proposed land usage matches that of the adjacent properties and have a positive impact of neighboring properties. 9.5 The effect on the property owner or owners if the request is not granted: 9.5.1 Per Applicant, if the rezone is not granted, development of the property will not be financially feasible at this time. 9 .6 The Comprehensive Plan land use designation for the property: 9.6.1 The City of Pasco Comprehensive Plan designates this site as "Low Density Residential." The Low Density Residential designation provides a variety of residential housing at a density of 3 to 6 dwelling units per acre, and may be assigned RS-20, RS-12, RS-1, R-1, R-1-A, and R-l -A2 zoning. 9.6.2 Per PMC 25.215.015 maximum gross density of any proposed development within any zoning district, expressed as dwelling units per acre, shall be no less than the corresponding minimum density expressed in the Comprehensive Plan land use density table, and no greater than the corresponding maximum density expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25.161 PMC. 9.7 Such other information as the Hearing Examiner requires. 9.7.1 The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals. 10.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 24, 2023. Z 2023 013 Questad Rezone Page 3 of 5 11.An open record public hearing after due legal notice was held January 10, 2024, with the Planning Department staff and public appearing in person and the Hearing Examiner appearing via videoconference. 12.Appearing at the hearing was Paul Knutzen. Mr. Knutzen stated that he was an agent of the Applicant/property owner and that he agreed with the staff report. 13.Testifying from the public were the following individuals: 13 .1 Richard Ding. Mr. Ding owns property east of the proposed rezone. He wanted to question the property owner's agent as to their future plans for the property. The Hearing Examiner noted that the property owner and Applicant's agent had already testified that any future development would comply with the applicable codes. The Hearing Examiner indicated that there was no project action associated with this rezone and that the Applicant/property owner was not bound by any particular development plans. The Hearing Examiner did not allow Mr. Ding to directly question the Applicant/property owner's agent. 13.2 Wayne Stordahl. Mr. Stordahl testified that he opposed the new density that the rezone would allow. He also had concerns about his septic and well system being damaged by the vibrations and compacting of the subject property during its development. He stated that neighbors' properties are all at least one-half acre. 14.The staff report, application materials, agency comments and the entire file of record were admitted into the record. 15.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: 1.The proposal is in accordance with the goals and policies of the Comprehensive Plan. 1.1 The Land Use Element of the Comprehensive Plan designates the lot "Low Density Residential." A change in zoning would be consistent with the comprehensive plan Land Use Map designation for the site. According to the table in Pasco Municipal Code (PMC) 25.215.015, the Low Density Residential classification is intended to provide a "variety of residential housing at a density of 3 to 6 dwelling units per acre," and allows for RS-20, RS-12, RS-1, R-1, R-1-A and R-l-A2 zoning designations. 1.2 A rezone could help to implement Policy H-1-A of the following policy from the Comprehensive Plan: "Allow for a full range of housing including single family homes, townhouses, condominiums, apartments, and 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 This application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property. 3.There is merit and value in the proposal for the community as a whole. Z 2023 013 Questad Rezone Page 4 of 5 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. The proposal includes infill development and promotes the goals of the Low Density Residential Land Use Map Designation. 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. As such, no conditions should be imposed; any future development will be evaluated for significant adverse impacts at the time of a development application, which will also be subject to review under the State Environmental Policy Act (SEPA). 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 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 Parcel 119512299 be rezoned from RS-12 (Residential Suburban) to R-1 (Low-Density Residential). Dated this 16th day of January, 2024. CITY OF PASCO HEARING EXAMINER /ik{i!rr? Z 2023 013 Questad Rezone Page 5 of 5