HomeMy WebLinkAbout4582 Ordinance - Valdez Rezone C-1 to R-3 (Z 2021-019) - RecordedAFN#1957826 ORDIN
03/16/2022 04:28 PM
11 Page(s)$213.50
Matt Beaton,Auditor
Franklin Co..WA
FRANKLIN COUNTY RECORDING
COVER SHEET
NAME AND RETURN ADDRESS:
City of Pasco
City Clerk's Office
525 North 3rd Avenue
Pasco, WA 99301
FORM COMPLETED BY: Debby Barham PHONE# 509-544-3096
PLEASE PRINT OR TYPE INFORMATION:
DOCUMENT TITLE(S) (or transaction contained therein)
Ordinance No. 4582
2. Z 2021-019
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. John Kennedy
2.
3.
4.
Additional names•on page of document
LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
Lots 20 to 22, Block 8, Gerry's Addition to Pasco, Section 29, Township 9 N, Range 30 E, WM
Additional legal is on page 2 of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
112053242
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. I 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. 4582
AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 110 FEET EAST
OF THE NORTHEAST CORNER OF NORTH STH AVENUE AND WEST
BONNEVILLE STREET IN PASCO, WASHINGTON FROM C-1 TO R-3.
WHEREAS, Applicant John Kennedy seeks to rezone Lots 20 to 22, Block 8, Gerry's
Addition to Pasco, Section 29, Township 9 North, Range 30 East, WM (523 West Bonneville
Street; Parcel 112053242) in Pasco, Franklin County Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of the 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 February 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 ( 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.
Ordinance—KennedyNaldez Rezone(Z 2021-019)- 1
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 C-1
Retail Business District) to R-3 (Medium-Density Residential), for the real property as shown in
the Exhibit S attached hereto and described as follows:
Lots 20 to 22,Block 8,Gerry's Addition.Located in Section 29,Township 9 North,
Range 30 East, W.M. (Parcel No. 112053242).
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 7th day of March,
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
S
Debra Barhai , CMC Kerr F son Law, PLLC
City Clerk Attorney
Published•.,-'r.,,, 1 D+Jz-Z-,
Ordinance—Kennedy/Valdez Rezone(Z 2021-019)-2
Exhibit "A"
CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMII NDED 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:
I. RECOMII NDED FINDINGS OF FACT
1.PROPERTY/APPLICATION DESCRII'TION:
1.1 Lega1: 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 Bonneviile 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 R ceuest: 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 Mniti-Family
East C-1 Multi-Family
South Gl 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.
Allowahle 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 DETERNIINATION: 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-faznily dwellings, patio homes, townhouses,
aparhnents, 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 residentiai 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 {Qrdinance#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 properly and a bank to issue a home loan."
10.23 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#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-I 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.
l5. The site comprises .24 Acres(10,499.62 syuare 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 reyuest 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.
II.RECOMMENDED CONCLUSIONS OF LAW
Before recommending approval of this rezone, the Hearing Examiner has devetoped 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-S-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 smalI lot single family residential
development.
1.2.3 Land Use Policy LU-S-B: Encourage higher residentiat densities within and
adjacent to major travel corridors,Downtown(Centrai 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-Iot-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 "Mediurn-
Density Residential."
Z 2fl21 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 propasal
wiIl not be materially detrimental to the immediate vicinity.
3.There is merit and value in the proposal for the communiiy 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,aparhnents,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.
III. 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`"day of February,2022.
CITY ASC HEA NG EXAM ER
An L.Kottkamp
Z 2021 019
Kennedy
Page 7 of 7
Item: Valdez Rezone - C-1 to R-3 N
Exhibit B" Applicant: John Kennedy w E
File #: Z 2021-019 s
s
NoN,(
R, ,
l
5N
5
1 ,,
j-
C
F
1,,
1,
a-: --
y
R-3
V
oNN,
E
4
s1
f 1 ,
35 70 140 210 28 r``1
1-
Feet