HomeMy WebLinkAboutHearing Examiner Packet 12-13-2023AGENDA
HEARING EXAMINER MEETING
City Hall – 525 North Third Avenue
Council Chambers
WEDNESDAY, DECEMBER 13, 2023
6:00 PM
This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.com/psctvlive.
Audio equipment available for the hearing impaired; contact staff for assistance.
I. CALL TO ORDER
II. PUBLIC HEARINGS
A. Special Permit-Continued C& CA High School (SP2023-013)
B. Special Permit-Withdrawn Riviera Village Expansion (SP2023-017)
C. Rezone-Continued Gisi Water Tower (Z2023-008)
D. Preliminary Plat Helena Street Addition # 2 (PP2023-003)
E. Rezone Kelly RS-12 to R-1 (Z2023-009)
F. Rezone Jankelson RS-12 to R-4 (Z2023-011)
III. ADJOURNMENT
MEMORANDUM TO THE HEARING EXAMINER
City Hall – 525 North Third Avenue – Council Chambers
WEDNESDAY, 13 December 2023
6:00 PM
1
TO: Hearing Examiner
FROM: Jeffrey B. Adams, Associate Planner
CC: Jacob Gonzalez, Director, C&ED
Ed DiLuck, Manager, Riviera Village
20011 SE 140th St.
Renton WA 98059
SUBJECT: Special Permit: Expansion of Existing Mobile Home/RV Park at 700 Road 32
Summary:
Applicant Ed DiLuck, Manager of Riviera Village demolished/removed a mobile home, constructed two new
mobile home sites/pads on the vacated site, installed two new mobile homes on the two new pads/site, and
rented the two newly installed units out, all at the Riviera Trailer Village located at the northwest corner of
Road 32 and West Sylvester Street in Pasco, WA 99301 without first obtaining a building permit from the City
of Pasco for these improvements.
On May 2, 2023 Planning was alerted of this action by a request from Riviera Village Manager for an address
for the new home pad (see attached Email).
On May 4, 2023 Planning sent an email to the Riviera Village Manager describing a need to apply for a Special
Permit and building permits for construction activity (See attached Email); the Building and Code
Enforcement Divisions were copied on this email.
On July 23, 2023 the City of Pasco Code Enforcement division sent a Notice of Code Violation (NCV) for the
above-mentioned violations.
On September 29, 2023, Applicant acting on behalf of Golden Bell, LLC, submitted a Special Permit Application
(SP 2023-017) to divide an existing 5,304 Sq Ft. manufactured home site pad (pad #200) into two separate
pads of approximately 2,652 Sq. Ft. each, for the parcel adjacent to the west of 700 Road 32 (Franklin County
tax parcel 119391016 – see email).
On November 20, 2023, Notice of Public Hearing for the Special Permit Application was sent to surrounding
property owners within 300 feet of the site.
Upon further review, it was determined by Planning that PMC 25.160.060 may not apply to the current case,
even though the Riviera Trailer village serves as both an RV park and a Residential Park, it is located in an RP
(Residential Park) zoning district, and not in either a C-1 or C-3 zoning district, as required by PMC 25.160.060;
as such, the Special permit may not be the appropriate municipal code vehicle for permitting
construction/expansion of a Residential Park in the RP (Residential Park) zoning district.
On December 4, 2023 Staff sent out an email stating that the proposed Riviera Trailer Village Expansion (SP
2023-017) does not require Special Permit review, but that, all site improvements shall require building
permit review by the City of Pasco Building Department; all improvements must comply with City of Pasco
Municipal Code (PMC) requirements (See attached email).
Per Pasco Municipal Code (PMC) 25.75.020(1) Residential parks which are licensed for the placement of
individual residential mobile homes, factory-assembled homes, site-built homes or recreational vehicles
2
occupied as a primary residence within the approved park boundaries and subject to the standards as set
forth in this chapter and PMC Title 19 are a permitted use in the RP zoning district.
While the Special Permit application is not necessary, Building Permits are. Building Permit application
submittals must include building plans and site plans for review by the City; no building permits with required
building plans and site plans have been submitted for this project to date. As such, Planning is not able to
ascertain if the construction activities meet zoning standards.
Staff has made the following findings of fact:
1) Special Permit review is not required for this application
2) notice of a Special Permit was not necessary
3) this item is not in need of a HE meeting at this point
4) All site improvements shall require building permit review
From:Village Manager
To:Jeff Adams
Subject:Riviera Village 700 North Road 32, Pasco WA 99301
Date:Tuesday, May 2, 2023 9:42:00 AM
Attachments:Lot 198 & 200.pdf
You don't often get email from villagemanager@rivieravillagepasco.com. Learn why this is important
[NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or
open attachments unless you are sure the content is safe.]
Please see attached, we made lot 200 into two lots. We would like to have lot 198 added for
mailing purposes.
Please call (509) 964-3671 if you have any quesiotns.
Misty C. Turner
Manager
Riviera Village
700 North Rd 32 #90
Pasco, WA 99301
P.(509)547-3521
From:Jeff Adams
To:Village Manager
Cc:Troy Hendren; Rosanna Johnson
Subject:RE: Riviera Village
Date:Thursday, May 4, 2023 8:24:50 AM
Attachments:image002.png
You will need to apply for a Special Permit to propose an expansion of the mobile home park use,
and building permits to construct new pad sites.
The Special Permit application materials can be found at the following City of Pasco Web links:
Special Permit Application and materials: https://www.pasco-wa.gov/461/Special-Permit
SEPA Application: https://www.pasco-wa.gov/451/SEPA-Application
The Building Permits application materials can be found at the following City of Pasco Web links:
Building Permits: https://www.pasco-wa.gov/172/Building-Permit-Applications
I have also copied Building & Code Inspectors Division Manager Troy Hendren for questions
regarding building permits, and Lead Code Enforcement Officer Rosanna Johnson for Code
Enforcement questions.
Jeff
Jeffrey B. Adams
Associate Planner
525 N. 3rd Avenue
Pasco, WA 99301
509.544.4137
adamsj@pasco-wa.gov
http://www.pasco-wa.gov/
From: Village Manager <villagemanager@rivieravillagepasco.com>
Sent: Wednesday, May 3, 2023 11:37 AM
To: Jeff Adams <ADAMSJ@pasco-wa.gov>
Subject: RE: Riviera Village
[NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or
open attachments unless you are sure the content is safe.]
We were not aware of the special permit needed to add new pad site, there was no demolition. How
do I make this right? And where do I get the application for permit.
Thank you.
From: Jeff Adams <ADAMSJ@pasco-wa.gov>
Sent: Wednesday, May 3, 2023 10:50 AM
To: Village Manager <villagemanager@rivieravillagepasco.com>
Subject: RE: Riviera Village
Special Permit approval is required for expanding the park (i.e., adding spaces); building permits are
required for Demolition (removal) of trailers, and building new pad sites.
Jeff
Jeffrey B. Adams
Associate Planner
525 N. 3rd Avenue
Pasco, WA 99301
509.544.4137
adamsj@pasco-wa.gov
http://www.pasco-wa.gov/
From: Village Manager <villagemanager@rivieravillagepasco.com>
Sent: Tuesday, May 2, 2023 1:30 PM
To: Jeff Adams <ADAMSJ@pasco-wa.gov>
Subject: RE: Riviera Village
[NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or
open attachments unless you are sure the content is safe.]
We don’t have any other permits as for trailer was removed off of the property.
From: Jeff Adams <ADAMSJ@pasco-wa.gov>
Sent: Tuesday, May 2, 2023 12:56 PM
To: Village Manager <villagemanager@rivieravillagepasco.com>
Cc: Troy Hendren <HENDRENT@pasco-wa.gov>
Subject: Riviera Village
Thank you Ms. Turner.
Also looking for any other permits associated with the addition of an RV lot in Riviera Village (Special
Permit; Demolition Permit; Building Permit).
Thanks again,
Jeff
Jeffrey B. Adams
Associate Planner
525 N. 3rd Avenue
Pasco, WA 99301
You don't often get email from villagemanager@rivieravillagepasco.com. Learn why this is important
509.544.4137
adamsj@pasco-wa.gov
http://www.pasco-wa.gov/
From: Village Manager <villagemanager@rivieravillagepasco.com>
Sent: Tuesday, May 2, 2023 11:37 AM
To: Jeff Adams <ADAMSJ@pasco-wa.gov>
Subject: FW: permit
[NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or
open attachments unless you are sure the content is safe.]
Please see attached permits.
From: Brandi Myers <Brandim@absolutepowertc.com>
Sent: Tuesday, May 2, 2023 10:57 AM
To: Village Manager <villagemanager@rivieravillagepasco.com>
Subject: RE: permit
Here you go
Thank you
Brandi Myers
brandim@absolutepowertc.com
725 No 26th Ave
Pasco, WA 99301
PH 509-545-5320
Fax 509-492-4437
From: Village Manager <villagemanager@rivieravillagepasco.com>
Sent: Tuesday, May 2, 2023 9:59 AM
To: Brandi Myers <Brandim@absolutepowertc.com>
Subject: permit
Good Morning,
Could we get a copy of the permit for Lots 198 & 200. These are rv lots.
Thank you.
Misty C. Turner
Manager
Riviera Village
700 North Rd 32 #90
Pasco, WA 99301
P.(509)547-3521
[CAUTION: This E-Mail originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe]
From:Rosanna Johnson
To:Jeff Adams
Subject:RE: Riviera Village
Date:Wednesday, September 20, 2023 10:23:06 AM
Attachments:image002.png
image003.png
image007.png
Riviera 1st Plat.pdf
1104 NCV OWNER.pdf
NCV is going out in the mail today – see attached.
Rosanna Johnson
Lead Code Officer, CCEO
Inspection Services – Code Division
525 N. 3rd Avenue, P.O. Box 293
Pasco, WA 99301
Office: (509) 543-5743
Direct/Text/Fax: (509) 544-4138
Cell: (509) 845-2267
johnsonr@pasco-wa.gov
Rental Licensing | Permit Applications | Dog Licensing
This e-mail and your response are considered a public record and may be subject to disclosure under
Washington's Public Records Disclosure Act.
From: Jeff Adams <ADAMSJ@pasco-wa.gov>
Sent: Monday, July 24, 2023 8:36 AM
To: Rosanna Johnson <johnsonr@pasco-wa.gov>
Cc: Troy Hendren <HENDRENT@pasco-wa.gov>
Subject: RE: Riviera Village
Hey Rosanna—
I have received nothing from the RV managers.
Also it looks like the shed setbacks are wrong.
Thanks!
Jeff
Jeffrey B. Adams
Associate Planner
525 N. 3rd Avenue
Pasco, WA 99301
509.544.4137
adamsj@pasco-wa.gov
http://www.pasco-wa.gov/
From: Rosanna Johnson <johnsonr@pasco-wa.gov>
Sent: Sunday, July 23, 2023 11:14 AM
To: Jeff Adams <ADAMSJ@pasco-wa.gov>
Cc: Troy Hendren <HENDRENT@pasco-wa.gov>
Subject: RE: Riviera Village
Jeff –
I am getting prepared to send a violation notice to the Riviera Village owners as I have not
seen any building or special permit applications come through for the added RV pad. I just
want to confirm you haven’t received anything from the manager since this last email.
They’ve already moved RVs into both spaces, erected sheds, concrete, fences and installed
new electric meters.
Thanks,
Rosanna Johnson
Lead Code Officer, CCEO
Inspection Services – Code Division
525 N. 3rd Avenue, P.O. Box 293
Pasco, WA 99301
Office: (509) 543-5743
Direct/Text/Fax: (509) 544-4138
Cell: (509) 845-2267
johnsonr@pasco-wa.gov
Rental Licensing | Permit Applications | Dog Licensing
This e-mail and your response are considered a public record and may be subject to disclosure under
Washington's Public Records Disclosure Act.
From: Village Manager <villagemanager@rivieravillagepasco.com>
Sent: Thursday, May 4, 2023 8:39 AM
To: Jeff Adams <ADAMSJ@pasco-wa.gov>
Cc: Troy Hendren <HENDRENT@pasco-wa.gov>; Rosanna Johnson <johnsonr@pasco-wa.gov>
Some people who received this message don't often get email from villagemanager@rivieravillagepasco.com. Learn
why this is important
Subject: RE: Riviera Village
[NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or
open attachments unless you are sure the content is safe.]
Thank you, I will get this into place.
From: Jeff Adams <ADAMSJ@pasco-wa.gov>
Sent: Thursday, May 4, 2023 8:25 AM
To: Village Manager <villagemanager@rivieravillagepasco.com>
Cc: Troy Hendren <HENDRENT@pasco-wa.gov>; Rosanna Johnson <johnsonr@pasco-wa.gov>
Subject: RE: Riviera Village
You will need to apply for a Special Permit to propose an expansion of the mobile home park use,
and building permits to construct new pad sites.
The Special Permit application materials can be found at the following City of Pasco Web links:
Special Permit Application and materials: https://www.pasco-wa.gov/461/Special-Permit
SEPA Application: https://www.pasco-wa.gov/451/SEPA-Application
The Building Permits application materials can be found at the following City of Pasco Web links:
Building Permits: https://www.pasco-wa.gov/172/Building-Permit-Applications
I have also copied Building & Code Inspectors Division Manager Troy Hendren for questions
regarding building permits, and Lead Code Enforcement Officer Rosanna Johnson for Code
Enforcement questions.
Jeff
Jeffrey B. Adams
Associate Planner
525 N. 3rd Avenue
Pasco, WA 99301
509.544.4137
adamsj@pasco-wa.gov
http://www.pasco-wa.gov/
From: Village Manager <villagemanager@rivieravillagepasco.com>
Sent: Wednesday, May 3, 2023 11:37 AM
To: Jeff Adams <ADAMSJ@pasco-wa.gov>
Subject: RE: Riviera Village
[NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or
open attachments unless you are sure the content is safe.]
We were not aware of the special permit needed to add new pad site, there was no demolition. How
do I make this right? And where do I get the application for permit.
Thank you.
From: Jeff Adams <ADAMSJ@pasco-wa.gov>
Sent: Wednesday, May 3, 2023 10:50 AM
To: Village Manager <villagemanager@rivieravillagepasco.com>
Subject: RE: Riviera Village
Special Permit approval is required for expanding the park (i.e., adding spaces); building permits are
required for Demolition (removal) of trailers, and building new pad sites.
Jeff
Jeffrey B. Adams
Associate Planner
525 N. 3rd Avenue
Pasco, WA 99301
509.544.4137
adamsj@pasco-wa.gov
http://www.pasco-wa.gov/
From: Village Manager <villagemanager@rivieravillagepasco.com>
Sent: Tuesday, May 2, 2023 1:30 PM
To: Jeff Adams <ADAMSJ@pasco-wa.gov>
Subject: RE: Riviera Village
[NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or
open attachments unless you are sure the content is safe.]
We don’t have any other permits as for trailer was removed off of the property.
From: Jeff Adams <ADAMSJ@pasco-wa.gov>
Sent: Tuesday, May 2, 2023 12:56 PM
To: Village Manager <villagemanager@rivieravillagepasco.com>
Cc: Troy Hendren <HENDRENT@pasco-wa.gov>
Subject: Riviera Village
Thank you Ms. Turner.
You don't often get email from villagemanager@rivieravillagepasco.com. Learn why this is important
Also looking for any other permits associated with the addition of an RV lot in Riviera Village (Special
Permit; Demolition Permit; Building Permit).
Thanks again,
Jeff
Jeffrey B. Adams
Associate Planner
525 N. 3rd Avenue
Pasco, WA 99301
509.544.4137
adamsj@pasco-wa.gov
http://www.pasco-wa.gov/
From: Village Manager <villagemanager@rivieravillagepasco.com>
Sent: Tuesday, May 2, 2023 11:37 AM
To: Jeff Adams <ADAMSJ@pasco-wa.gov>
Subject: FW: permit
[NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or
open attachments unless you are sure the content is safe.]
Please see attached permits.
From: Brandi Myers <Brandim@absolutepowertc.com>
Sent: Tuesday, May 2, 2023 10:57 AM
To: Village Manager <villagemanager@rivieravillagepasco.com>
Subject: RE: permit
Here you go
Thank you
Brandi Myers
brandim@absolutepowertc.com
725 No 26th Ave
Pasco, WA 99301
PH 509-545-5320
Fax 509-492-4437
From: Village Manager <villagemanager@rivieravillagepasco.com>
Sent: Tuesday, May 2, 2023 9:59 AM
To: Brandi Myers <Brandim@absolutepowertc.com>
Subject: permit
Good Morning,
Could we get a copy of the permit for Lots 198 & 200. These are rv lots.
Thank you.
Misty C. Turner
Manager
Riviera Village
700 North Rd 32 #90
Pasco, WA 99301
P.(509)547-3521
[CAUTION: This E-Mail originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe]
From:ed edlcontracting.com
To:Jeff Adams
Subject:FW: Riviera Village Case#CEB2023-1104 Special Permit application, SEPA and County Document
Date:Friday, September 29, 2023 9:39:27 AM
Attachments:Riviera Special Permit Application Pkg..pdf
You don't often get email from ed@edlcontracting.com. Learn why this is important
[NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or
open attachments unless you are sure the content is safe.]
Jeff,
Please see the attached files regarding the Special Permit, SEPA and a document which I had
received from Fennie Ho
Chief Deputy Assessor, Franklin County Assessor's Office regarding the unit count for Riviera Village
on a map from 2013. This map shows that there are a total of 155 units including the three “daily
spaces.”
Also, in the parcel viewer, there is a older photo which does show that the concrete pad has always
been there, we left it in place.
Is there a link for the payment for the fees for the application?
We are assembling the information on the chain of title for unit #200 from the lien foreclosure and
then the demo.
We are assembling the information so that we can apply for the Building Permit for the shed, fence,
and Demo of the unit.
We will have the Building Permit application early next week.
Please do not hesitate to contact me if you have any questions.
Ed
Kind Regards,
Ed DiLuck
Golden Bell, LLC
Mobile: 206-229-9293
Email: edd@rivieravillagepasco.com
20011 SE 140th St. Renton, WA 98059
From:Jeff Adams
Cc:andy@wenatcheelaw.com; "Tracy Parke"; Troy Hendren; Rosanna Johnson; ed edlcontracting.com; Jacob
Gonzalez; Josie Perez; Village Manager
Subject:SP 2023-017 HE Memo Riviera Village Expansion
Date:Monday, December 4, 2023 1:32:44 PM
Attachments:SP 2023-017 HE Memo Riviera Village Expansion.docx
To whom it may concern—
Staff has concluded that the proposed Riviera Trailer Village Expansion (SP 2023-017) does not
require Special Permit review (See attached memo):
The C&ED Director has authorized a refund of the Special Permit application fee.
However, all site improvements shall require building permit review by the City of Pasco Building
Department; all improvements must comply with City of Pasco Municipal Code (PMC) requirements.
Thank you for your consideration,
Jeffrey B. Adams
Associate Planner
525 N. 3rd Avenue
Pasco, WA 99301
509.544.4137
adamsj@pasco-wa.gov
http://www.pasco-wa.gov/
Email Log
SP 2023‐017 ‐ Riviera Trialer Village Expansion
Date/Time From: From Title: From Email: To: To Title: To Email" Contents
Tue 5/2/2023 9:41 AM Misty C. Turner Riviera Village Manager
villagemanager@rivieravill
agepasco.com Jeff adams Associate Planner adamsj@pasco‐wa.gov Lot 200 made into two lots ‐ need new address
Tue 5/2/2023 9:45 AM Jeff Adams Associate Planner adamsj@pasco‐wa.gov Misty C. Turner Riviera Village Manager
villagemanager@rivieravill
agepasco.com Need copy of Building Permits
Tue 5/2/2023 11:37 AM Misty C. Turner Riviera Village Manager
villagemanager@rivieravill
agepasco.com Jeff adams Associate Planner adamsj@pasco‐wa.gov (L&I Permits)
Tue 5/2/2023 12:56 PM Jeff Adams Associate Planner adamsj@pasco‐wa.gov Misty C. Turner Riviera Village Manager
villagemanager@rivieravill
agepasco.com Need copy of City of Pasco Building Permits
Tue 5/2/2023 1:30 PM Misty C. Turner Riviera Village Manager
villagemanager@rivieravill
agepasco.com Jeff adams Associate Planner adamsj@pasco‐wa.gov No City Permits
Wed 5/3/2023 10:50 AM Jeff Adams Associate Planner adamsj@pasco‐wa.gov Misty C. Turner Riviera Village Manager
villagemanager@rivieravill
agepasco.com Need Special Permit and Building Permits
Wed 5/3/2023 11:37 AM Misty C. Turner Riviera Village Manager
villagemanager@rivieravill
agepasco.com Jeff adams Associate Planner adamsj@pasco‐wa.gov Not aware of need for Special Permit/Bulding Permits
Thu 5/4/2023 8:25 AM Jeff Adams Associate Planner adamsj@pasco‐wa.gov Misty C. Turner Riviera Village Manager
villagemanager@rivieravill
agepasco.com Need Special Permit and Building Permits (Links Provided)
Thu 5/4/2023 8:39 AM Misty C. Turner Riviera Village Manager
villagemanager@rivieravill
agepasco.com Jeff adams Associate Planner adamsj@pasco‐wa.gov Thank you, I will get this into place.
Sun 7/23/2023 11:14 AM Rosanna Johnson Lead Code Officer johnsonr@pasco‐wa.gov Jeff adams Associate Planner adamsj@pasco‐wa.gov
preparing to send violation notice to Riviera Village owners ‐
no building or special permit applications
Mon 7/24/2023 8:36 AM Jeff adams Associate Planner adamsj@pasco‐wa.gov Rosanna Johnson Lead Code Officer johnsonr@pasco‐wa.gov Also Shed Setbacks look wrong
Wed 9/20/2023 10:22 AM Rosanna Johnson Lead Code Officer johnsonr@pasco‐wa.gov Jeff adams Associate Planner adamsj@pasco‐wa.gov NCV is going out in the mail today
Fri 9/29/2023 9:37 AM Ed DiLuck Owner Representative ed@edlcontracting.com Jeff adams Associate Planner adamsj@pasco‐wa.gov
Franklin County Assessor's Office 2013 map shows a total of
155 units
Fri 9/29/2023 9:44 AM Ed DiLuck Owner Representative ed@edlcontracting.com Jeff adams Associate Planner adamsj@pasco‐wa.gov Description of Work for Special Permit Application
Mon 10/2/2023 8:47 AM Jeff adams Associate Planner adamsj@pasco‐wa.gov Ed DiLuck Owner Representative ed@edlcontracting.com Acknowledgement of Reciept ‐ Special Permit Application
Tue 10/17/2023 1:31 PM Ed DiLuck Owner Representative ed@edlcontracting.com Jeff adams Associate Planner adamsj@pasco‐wa.gov Checking for Special Permit Updates
Tue 10/17/2023 1:57 PM Jeff adams Associate Planner adamsj@pasco‐wa.gov Ed DiLuck Owner Representative ed@edlcontracting.com Conveying Likely 13 Dec 2023 Hearing Date to Applicant
Tue 10/17/2023 2:02 PM Ed DiLuck Owner Representative ed@edlcontracting.com Jeff adams Associate Planner adamsj@pasco‐wa.gov Code and Special Permit Hearings Schedules Query
Tue 10/17/2023 2:52 PM Jeff adams Associate Planner adamsj@pasco‐wa.gov Ed DiLuck Owner Representative ed@edlcontracting.com Clarification about Code and Special Permit Hearings
Tue 10/24/2023 10:19 AM Rosanna Johnson Lead Code Officer johnsonr@pasco‐wa.gov Ed DiLuck Owner Representative ed@edlcontracting.com Code Case Continued Pending Special Permit Review
Thu 11/2/2023 10:18 AM Ed DiLuck Owner Representative ed@edlcontracting.com Jeff adams Associate Planner adamsj@pasco‐wa.gov Police File Exhibits Added to Special Permit Applicaiton
Thu 11/16/2023 12:51 PM Jeff adams Associate Planner adamsj@pasco‐wa.gov
SEPA Review
group SEPA 2023‐066 Notice of application sent
Mon 11/20/2023 1:27 PM Jeff adams Associate Planner adamsj@pasco‐wa.gov Carmen Patrick Administrative Assistant II patrickc@pasco‐wa.gov Public Notice of Special Permit Hearing
Mon 12/4/2023 1:33 PM Jeff adams Associate Planner adamsj@pasco‐wa.gov Ed DiLuck Owner Representative ed@edlcontracting.com Special Permit Not Required/Refund Request
Mon 12/4/2023 1:39 PM Andy Kottkamp Hearing Examiner andy@wenatcheelaw.com Jeff adams Associate Planner adamsj@pasco‐wa.gov Acknowledgement of Special Permit Cancellation
Mon 12/4/2023 1:42 PM Jeff adams Associate Planner adamsj@pasco‐wa.gov Andy Kottkamp Hearing Examiner andy@wenatcheelaw.com Need to Acknowledge Cancellation at Hearing
Thu 12/7/2023 10:59 AM Raquel Esparza Permit Tech permittech@pasco‐wa.gov Jeff adams Associate Planner adamsj@pasco‐wa.gov No Special Permit Fee Collected/Paid = No Refund
Page 1 of 1 SP 2023‐017 Email Correspondence Log Riviera Village Expansion Printed 12/7/2023 at 3:02 PM
REPORT TO HEARING EXAMINER
PUBLIC LAND USE HEARING
City Hall – 525 North Third Avenue – Council Chambers
WEDNESDAY December 13, 2023
6:00 PM
1
MASTER FILE #: PP 2023-003
APPLICANT: B4 Development c/o Steve Bauman
3130 Varney Lane
Pasco, WA 99301
REQUEST: PRELIMINARY PLAT: Helena Street Addition #2, 15-lot subdivision
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal:
All of Block 7, Washington Addition to Pasco, together with vacated streets and alleys adjacent,
per Ordinance #3996 (Parcel 113883022).
General Location: Said property is situated South of East Helena Street between Caridad Court
and South Road 40 East, Pasco, WA.
Property Size: The site contains approximately 3.23 acres (140,758.37 square feet).
2. ACCESS: The site has access from East Helena Street and the future extension of South Road 30
East.
3. UTILITIES: Water and sewer are available in East Helena Street and sewer is available in the future
extension of South Road 30 East.
4. LAND USE AND ZONING: The lot has recently been rezoned from C-3 (general Commercial) to
R-1 (Low-Density Residential) and is vacant. Surrounding properties are zoned and developed as
follows:
North: R-1 SFDUs (Under Development)
East: R-1/RT Vacant (Under Development)
South: C-3 Vacant
West: R-1-A SFDUs (Under Development)
5. Comprehensive Plan: The Comprehensive Plan designates the site for Mixed
Residential/Commercial uses. Those portions of the community designated for Mixed
Residential/Commercial development by the Comprehensive Plan may accommodate a diverse
range of housing, non-residential uses, commercial uses, neighborhood retail and office uses,
parks and recreation areas, and civic uses. The Mixed Residential/Commercial designation areas
could be zoned R-1 through R-4, C-1, O, and MU. Residential densities in the Mixed
Residential/Commercial designation are to be between 5 and 29 dwelling units per acre.
The proposal supports the following Comprehensive plan goals:
Land Use Goal LU-3: Maintain established neighborhoods and ensure new neighborhoods are
safe and enjoyable places to live.
2
Land Use Goal LU-4: Increase community accessibility through proper land use planning.
Land Use Goal LU-5: Maintain a broad range of residential land use designations to accommodate
a variety of lifestyles and housing opportunities.
Land Use Policy LU-5-A: Allow a variety of residential densities throughout the UGA.
Housing Goal H-1: Encourage housing for all economic segments of the city’s population
consistent with the local and regional market.
Housing Goal H-3: Encourage housing design and construction that ensures long term
sustainability and value.
Housing Goal H-4: Support efforts to provide affordable housing to meet the needs of the
community.
ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA
checklist (SEPA 2022-007), the adopted City Comprehensive Plan, City development regulations, and other
information, a Mitigated Determination of Non-Significance (MDNS) was issued for this project on August 21,
2023 (WAC 197-11-355). Mitigation will be as follows:
1. An inadvertent discovery protocol for the potential discovery of cultural or historical artifacts must
be prepared and submitted to the City before any ground-disturbing permits are issued.
ANALYSIS
Proposal
Applicant Steve Bauman, acting on behalf of B4 Development, has submitted a Preliminary Plat for a 15-lot
subdivision on approximately 3.23 acres for Block 7, Washing Addition to Pasco, located in a portion of
Section 28, Township 9, North, Range 30 East, W.M., Records of Franklin County, Washington (Parcel
113883022). Said property is located along the south side of East Helena Street at the intersection of Sprague
Avenue, in Pasco, WA.
History
The site was originally platted as a residential neighborhood in 1913 as the Washington Addition to Pasco but
was never developed. The site is vacant. The site was annexed into the City in 1994 (Ordinance 3033) and
assigned the RT (Residential Transition) zoning designation. The RT zone is typically used as a holding zone
for areas that lack utility services. As utilities and infrastructure become available RT zoned properties are
then zoned to match the land use designations of the Comprehensive Plan.
In February of 2011 all streets and alleys within Blocks 7, 9, and 10 of Washington Addition were vacated
(Ordinance 3996).
In 2016 a Comprehensive Plan Land Use Amendment was approved (Ordinance 4328), changing the Land Use
Map designation of the area from Low-Density Residential and Mixed Residential/Commercial to
Commercial. In 2019 the site was rezoned (Ordinance 4422) RT (Residential Transition) to C-3 (General
Business) with a concomitant agreement.
On April 17, 2023 Another Comprehensive Plan Land Use Amendment (Ordinance 4660) was approved from
Commercial to Mixed Residential and Commercial, after which the site was rezoned from C-3 back to R-1 on
November 6, 2023 (Ordinance 4692).
East Helena Street has been recently improved in conjunction with the Empire Estates subdivision to the
north. Sewer has been placed in the undeveloped South Road 30 East ROW (identified as “Spokane Street”
3
on the 1913 Washington Addition to Pasco Plat).
LOT LAYOUT: The proposed 3.23-acre preliminary plat contains 15 lots for residential development, which
would have access from East Helena Street, the currently undeveloped South Road 30 East, and a dedicated
internal cul-de-sac street.
The lots range from 7,223 to 11,243 square feet, the average lot size being 8,310 square feet. With a 3.23-
acre site lot density would be approximately 4.64 dwelling units per acre, which is below the 5 to 29 dwelling
units per acre range for the Comprehensive Plan Mixed Residential/Commercial designation.
RIGHTS-OF-WAY: All lots will have frontage on streets to be dedicated as part of the plat. All roads will be
fully improved and completed with this subdivision. Per City Resolution 2545, approved 9 September 2000,
“Continuous streets, or a street proposed to be continuous, shall carry the same name throughout. If there
is an interruption and there is no probability of eventual connection the interrupted segments may bear
different names.” For this plat the proposed Rights-of-Way to be dedicated would be continuations of the
South Road 30 East road alignment (identified as “Spokane Street” on the 1913 Washington Addition to Pasco
Plat).
Per IFC 503.1, Fire Apparatus access roads shall be provided and maintained in accordance with locally
adopted street, road, and access standards. South Road 30 East shall be required to extend to East Helena
Street as part of the plat.
UTILITIES: Both municipal water and sewer are available to the parcel via 8” lines in East Helena Street.
IRRIGATION: This project shall include irrigation easements and the installation of irrigation lines as a part of
infrastructure improvements and as required per the municipal code.
WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval per Pasco
Municipal Code Section 26.04.115(B) and Section 3.07.160. If no water rights are available to transfer to the
City the property, owner/developer must pay a water right fee in lieu thereof.
STAFF FINDINGS OF FACT
State law (RCW 58.17.110) and the Pasco Municipal Code require the City to develop Findings of Fact as to
how this proposed subdivision will protect and enhance the health, safety, and general welfare of the
community. The following is a listing of proposed "Findings of Fact”:
Prevent Overcrowding: The Comprehensive Plan Future Land Use Map for this property is Low Density
Residential, which permits densities of 5 to 29 dwelling units per acre. The proposed plat has a density of
approximately 4.64 units per acre. No more than 60 percent of each lot is permitted to be covered with
structures per the R-1 standards.
Parks Open Space/Schools: The closest park, Tierra Vida Park, is approximately 1,600 feet away via East
Helena Street, Manzanita Lane and Tierra Vida Lane; Robinson Elementary School is about a mile away by
way of East Helena Street and South Wehe Avenue; Ochoa Middle School is about 2 miles away via East
Helena Street and Wehe Avenue.
The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to mitigate
the impacts of the proposed subdivision on the School District. At the request of the School District, the City
enacted a school impact fee in 2012. The imposition of this impact fee addresses the requirement to ensure
there are adequate provisions for schools. A school impact fee in the amount of $4,700 will be charged for
each new dwelling unit at the time of building permit issuance.
4
Effective Land Use/Orderly Development: The plat is designed for Mixed Residential/Commercial
development by the Comprehensive Plan, and as such, may accommodate a diverse range of housing, non-
residential uses, commercial uses, neighborhood retail and office uses, parks and recreation areas, and civic
uses. The Mixed Residential/Commercial designation areas could be zoned R-1 through R-4, C-1, O, and MU.
Residential densities in the Mixed Residential/Commercial designation are to be between 5 and 29 dwelling
units per acre. The developer is proposing a density of approximately 4.64 units per acre,
Safe Travel & Walking Conditions: The proposed plat includes adequate streets and sidewalks. Curb, gutter,
and sidewalk are required to be installed and constructed to current City standards and to the standards of
the Americans with Disabilities Act (ADA).
Adequate Provision of Municipal Services: All lots within the plat are required to be provided with water,
sewer, and other utilities.
Provision of Housing for State Residents: The proposed plat contains 15 suburban lots, providing the
opportunity for the construction of 15 new single-family dwelling units, or more multi-family units, in Pasco.
Adequate Air and Light: The maximum lot coverage limitations, building height restrictions, and building
setbacks will assure that adequate movement of air and light is available to each lot.
Proper Access & Travel: The plat will be developed to City standards to assure proper access is maintained
to each lot. Connections will be made to East Helena Street.
Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the plat site for Mixed
Residential/Commercial development. Policies of the Comprehensive Plan encourage the advancement of
home ownership and suggest the City strive to maintain a variety of housing for residents.
Housing Goals and Policies of the Comprehensive Plan that pertain to this development include: H-1:
Encourage housing for all economic segments of the city’s population; H-2: Strive to maintain a variety of
housing consistent with the local and regional market; Policy H-2-A: Allow for a full range of residential
environments including single family homes and manufactured housing.
The applicant is proposing to construct 15 suburban lots at a density of 4.64 dwelling units per acre. To meet
the intent of the Comprehensive Plan density requirement of between 5 and 29 dwelling units per acre some
multi-family units would need to be part of the development plan.
Other Findings: The Public Notice was mailed out and published in the Tri-City Herald on December 13, 2023.
1. The site is within both the City limits and the Pasco Urban Growth Boundary.
2. The State Growth Management Act requires urban growth and urban densities to occur within the
Urban Growth Boundaries.
3. The site is vacant.
4. The site is not considered a critical area, a mineral resource area or a wetland.
5. The site’s Comprehensive Plan designation is for Mixed Residential/Commercial development, which
specifies residential development of 5 to 29 dwelling units per acre.
6. The developer is proposing approximately 4.64 dwelling units per acre.
7. The site has recently been rezoned from C-3 (General Commercial) to R-1 (Low-Density Residential).
8. The minimum lot area in the R-1 zone for Single-family residential dwellings is 4,000 square feet for
detached Single-family dwelling units (SFDUs), 3,500 square feet for attached SFDUs, and 5,000 for
duplex and triplex structures.
9. The lots range from 7,223 to 11,243 square feet, the average lot size being 8,310 square feet.
5
10. The proposed subdivision is in conformance with the R-1 zoning requirements of the site.
11. The Housing Element of the Comprehensive Plan encourages the advancement of programs that
promote home ownership and development of a variety of residential densities and housing types.
12. The Transportation Element of the Comprehensive Plan encourages the interconnection of
neighborhood streets to provide for the disbursement of traffic.
13. The interconnection of neighborhood streets is necessary for utility connections (looping) and the
provision of emergency services.
14. Per City Resolution 2545 “Continuous streets, or a street proposed to be continuous, shall carry the
same name throughout.
15. The proposed Right-of-Way aligns with South Road 30 East and will be named according to that
alignment.
16. Per the ITE Trip Generation Manual 9th Edition, the proposed subdivision, when fully developed, will
generate approximately 5.81 trip/unit * 15 units = 87.15 trips per day.
17. The current park impact fee is $1,734 per dwelling unit.
18. RCW 58.17.110 requires the City to make a finding that adequate provisions have been made for
schools before any preliminary plat is approved.
19. The City of Pasco has adopted a school impact fee ordinance compelling new housing developments
to provide the School District with mitigation fees. The fee was effective April 16, 2012.
20. Past correspondence from the Pasco School District indicates impact fees address the requirement
to ensure adequate provisions are made for schools.
21. Plat improvements within the City of Pasco are required to comply with the May 2022 Standard
Drawings and Specification as approved by the City Engineer and the Pasco Municipal Code. These
improvements include but are not limited to water, sewer and irrigation lines, streets, streetlights,
and storm water retention. The handicapped-accessible pedestrian ramps are to be completed with
the street and curb improvements prior to final plat approval. Sidewalks are installed at the time
permits are issued for new houses, except sidewalks along major streets, which are installed with the
street improvements.
22. The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code
Section 26.04.115(B) and Section 3.07.160.
23. The developer is responsible for all costs associated with construction, inspection, and plan review
service expenses incurred by the City Engineering Office.
24. The City has nuisance regulations (PMC 9.60) that require property owners (including developers) to
maintain their properties in a manner that does not injure, annoy, or endanger the comfort and
repose of other property owners. This includes controlling dust, weeds and litter during times of
construction for both subdivisions and buildings including houses.
25. This site lies within the Pasco Landfill Groundwater Protection Area (see City of Pasco Municipal Code
Section 16.15.060). Any domestic water wells on the property must be decommissioned in
accordance with WAC 173-160; all future water use on the property (domestic and landscaping) must
be sourced from the City of Pasco.
6
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of the proposed Plat the Hearing Examiner must develop findings
of fact from which to draw its conclusion (PMC 21.25.060) therefrom as to whether or not:
(1) Adequate provisions are made for the public health, safety and general welfare and for open spaces,
drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds,
transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other
public needs;
The proposed plat will be required to develop under the standards of the Pasco Municipal Code and the
standard specifications of the City Engineering Division. These standards for streets, sidewalks, and other
infrastructure improvements were designed to ensure the public health, safety, and general welfare of the
community. These standards include provisions for streets, drainage, water and sewer service and the
provision for dedication of right-of-way. The preliminary plat was forwarded to the PUD, the Pasco School
District, Cascade Gas, Charter Cable, Franklin County Irrigation District, and Ben-Franklin Transit Authority for
review and comment.
Based on the School District’s Capital Facilities Plan the City collects school mitigation fees for each new
dwelling unit. The fee is paid at the time of building permit issuance. The school impact fee addresses the
requirements of RCW 58.17.110. All new developments participate in establishing parks through the payment
of park fees at the time of permitting.
Per IFC 503.1, Fire Apparatus access roads shall be provided and maintained in accordance with locally
adopted street, road, and access standards. South Road 30 East shall be required to extend to East Helena
Street as part of the plat.
(2) The proposed subdivision contributes to the orderly development and land use patterns in the area;
The proposed Plat makes efficient use of vacant land and will provide for the looping of utilities and
interconnectivity of streets as supported in the Comprehensive Plan. The proposed subdivision will provide
street improvements within the plat as per City standards; connections will be made to East Helena Street.
(3) The proposed subdivision conforms to the policies, maps, and narrative text of the Comprehensive Plan;
The Comprehensive Plan land use map designates the site and surrounding properties for Mixed
Residential/Commercial development and may be developed with a variety of residential dwelling units.
Policies of the Comprehensive Plan encourage the development of a variety of housing options for residents.
The plat indicates a density of 4.64 dwelling units per acre, which falls below the 5 to 29 dwelling units per
acre density range established by the Comprehensive Plan.
(4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which
have been adopted by the City Council;
Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan.
The proposed subdivision conforms to the policies, maps, and narrative text of the Plan, with the exception of
target density, as noted in number three above.
(5) The proposed subdivision conforms to the general purposes of the subdivision regulations.
The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis
and Findings of Fact. The Findings of Fact indicate the subdivision is in conformance with the general purposes
of the subdivision regulations provided certain mitigation measures (i.e., density is increased, school impact
fees are paid).
(6) The public use and interest will be served by approval of the proposed subdivision.
7
The proposed plat, if approved, will be developed in accordance with all City standards designed to ensure the
health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented
through development of this plat. These factors will ensure the public use and interest are served.
TENTATIVE PLAT APPROVAL CONDITIONS
1) All improvements shall be in accordance with the Pasco Municipal Code. The Pasco Municipal Code
adopts the most recent versions of the City of Pasco Standard Specifications, the Washington State
Department of Transportation Standard Specifications for Road, Bridges, and Municipal
Construction, the International Building Code, and the International Fire Code. If there are any
conflicting regulations in any of these documents, the more stringent regulation shall apply.
2) The face of the plat shall include this statement: “As a condition of approval of this plat the owner
has waived the right to protest the formation of a Local Improvement District for right-of-way and
utility improvements to the full extent as permitted by RCW 35.43.182.”
3) The face of the final plat shall include this statement: “The individual or company making
improvements on a lot or lots of this plat is responsible for providing and installing all trench, conduit,
primary vaults, secondary junction boxes, and backfill for the PUD’s primary and secondary
distribution system in accordance with PUD specifications; said individual or company will make full
advance payment of line extension fees and will provide all necessary utility easements prior to PUD
construction and/or connection of any electrical service to or within the plat.”
4) Any existing water rights associated with the subject property shall be transferred to the City as a
condition of approval. If no water rights are available then the property owner, in accordance with
PMC 21.05.120, shall pay to the City, in lieu thereof, a water rights acquisition fee as established in
the City Fee Summary Ordinance as identified in PMC 3.35.
5) Only City and other utilities with franchise agreements are allowed in the public right of way.
6) Any and all overhead power is required to be re-routed below ground, unless applicant can
demonstrate that such undergrounding is technically or financially unfeasible.
7) It shall be the responsibility of the property owner/developer to contact all utility owners to
determine their system improvement requirements. Prior to subdivision construction plan submittal
and/or review the property owner/developer shall provide to the City of Pasco written support/
approval of the proposed development from all outside utilities, public and private.
8) All fee payments for bonding of ROW improvements and Water Rights must be paid at or before the
time of Final Plat being submitted for signatures.
9) Street lighting will be required per city standard.
10) All stormwater is required to be maintained and treated on site in accordance with Washington State
Department of Ecology and City of Pasco Standards.
11) The City requires all utilities to be extended to-and-through the property being developed, as such
the sewer shall be extended to the northern property line within East Helena Street for future
extension north.
12) Per IFC 503.1, Fire Apparatus access roads shall be provided and maintained in accordance with
locally adopted street, road and access standards. A temporary fire access road may be required from
East Butte Street to East Helena Street pending completion of South Road 30 East (“Spokane Street”
on the 1913 Washington Addition to Pasco Plat).
13) Plans for new developments need to provide information as to connection with other streets to
maintain continuity of traffic flow for emergency response
8
14) South Road 30 East shall be required to extend from the Washington Addition 1913 plat street
identified as “East Butte Street” to East Helena Street as part of the plat.
15) Per PMC 21.35.080, Fire hydrants and the installation shall conform to the adopted standards Fire
hydrants shall be installed on alternating sides of the street on five-hundred-foot spacing in
residential areas. Cul-de-sacs that are greater than two hundred feet in length, as measured from
the main street entrance to the bulb, shall have a hydrant placed prior to the curb return entering
the turnaround. Cul-de-sacs over three hundred feet shall have hydrants at the entrance and at the
turnaround prior to the curb return. Hydrants shall be installed and maintained so that the radius of
forty-eight inches of clearance around the hydrant. The hydrants shall be visible within a distance of
fifty feet in any direction of fire Apparatus approach.
16) Dead-end roads greater than one hundred feet shall be provided with a turnaround, as per IFC
Section 5.
17) Plat shall detail existing conditions, such as the names of neighboring subdivisions and property lines
of all adjacent properties.
18) The final plat shall include a comment stating: "existing regulations regarding sight distance, fence
height, and setbacks may affect the placement of fences and driveways on any corner lots."
RECOMMENDATION
Staff recommends approval of the Helena Street Addition #1 Preliminary Plat located at Block 7, Washington
Addition to Pasco, together with vacated streets and alleys adjacent, per Ordinance #3996 (Parcel
113883022), with conditions per above.
ELEWISPL
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LAND USE SYNOPSIS
HELENA ST ADDITION 2
1110 OSPREY POINTE BLVD., SUITE 105
PASCO, WA 99301
PHONE (509) 374-4248
www.mackaysposito.com
Ralph & Cheryl Broetje
716 W Sunset Dr
Burbank, WA 99323
(509) 845-7199
Owner / Applicant:
Development Team
Engineer:
AHBL
2215 NORTH 30TH STREET
SUITE 200
TACOMA, WA 98403
Surveying:
DATE: FEBRUARY 2023
REV. AUGUST 2023
HELENA ST
ADDITION 2
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Affidavit of Mailing
In regards to MF# PP2023-003
I, Carmen Patrick, hereby confirm that notification was sent by mail November 20, 2023 to the owners
of the parcels within 300 feet of the proposed site .
The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was
sent and to whom received the notification.
Given under my hand and official signature this 20th day, November of 2023 .
Representative 's Signature
NAME ADDRESS CITY STATE ZIP
JUBILEE FOUNDATION 3713 EA ST PASCO WA 99301
JOSE GONZALEZ ALMARAZ (ET AL) 7365 N GLADE RD PASCO WA 99301
EUSTOLIA T GONZALEZ (ET AL) 4112 W MARGARET ST PASCO WA 99301
ELPIDIO & MARIA GARCIA 3716 ROBERT A RD PASCO WA 99301
RALPH E & CHERYL BROET JE 716 W SUNSET DR BURBANK WA 99323
MARIA T PACHECO MENDIZABAL (ET 2901 E HELENA ST PASCO WA 99301
MARICRUZ ZARAGOZA (ETUX) 2905 E HELENA ST PASCO WA 99301
HECTOR A GARCIA (ET AL) 3521 W PARK ST PASCO WA 99301
CANDIS J SEABOLDT (ET AL) 2913 E HELENA ST PASCO WA 99301
EMPIRE BROS CONSTRUCTION , LLC PO BOX 5494 KENNEWICK WA 99336
MARIA G CAMARGO VIRREY 3005 E HELENA ST PASCO WA 99301
BEULAH HENRY 207 S 8TH AVE APT 6 YAKIMA WA 98902
RICHARD B & JOAN L (TRUSTEES) 1199 BLUE LAKE WAY CONCORD CA 94521
US CONNECTIONS LLC 4003 TUSAYAN DR PASCO WA 99301
NORTHWEST STUCCO AND STONE LLC 1538 W 33RD CT KENNEWICK WA 99337
ANGEL CORTEZ 618 CARIDAD CT PASCO WA 99301
YULIANA & MARIO GUIZAR 2905 E HELENA ST PASCO WA 99301
ORTUNO (ET AL), CARLOS 617 CARIDAD CT # PASCO WA 99301
BRAYAN VIRGEN ESTRADA 613 CARIDAD CT PASCO WA 99301
EDGARDO QUIROZ-MORENO (ETAL) 609 CARIDAD CT PASCO WA 99301
MARCO ALBERTO FARIAS (ETAL) 605 CARIDAD CT PASCO WA 99301
NEW DREAM INVESTOR LLC 620 N 28TH AVE PASCO WA 99301
JEFF ADAMS 620 BIRCH AVE RICHLAND WA 99352
1 Cityof If Pasco Community Development Department
PO Box 293, 525 N 3rd Ave , Pasco, WA 99301
P: 509 .545 .3441 / F: 509.545.3499
CITY OF PASCO
PUBLIC NOTICE
Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor Ila me al Departamento
de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441.
A Public Hearing with the Hearing Examiner will be held on December 13, 2023, at 6:00 pm
Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco Washington.
Proposal: Stephen Bauman of B4 Development, on behalf of Jubilee Foundation, has submitted a Preliminary Plat
application (PP 2023-003) for a 15-lot subdivision on Block 7, Washington Addition to Pasco, together with vacated
streets and alleys (Parcel 113883022) comprising approximately 3.2 acres in Pasco, WA 99301. Said property is
located along the south side of East Helena Street and approximately one block east of Heritage Boulevard, in Pasco
WA. The proposal is subject to regulations contained in the Pasco Municipal Code.
Public Comment Period: Written comments must be submitted to the Community Development
Department by 5:00 p.m . on December 6, 2023, to be included in the Hearing Examiner packet. Comments
submitted after will be distributed to the Hearing Examiner the day of the public hearing. If you have
questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail to:
adamsj@pasco-wa.gov.
If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting
at the following registration link:
www.pasco-wa .gov/publiccomment
After registering, you will receive a confirmation email containing information about joining the
webinar.
Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the
Preliminary Plat within ten (10) business days of the public hearing.
Prepared 20 November 2023 by : Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco, WA 99301 (509)
545-3441
The City of Pasco welcomes full participation in public meetings by all citizens . No qualified individual with a disability shall be
excluded or denied the benefit of participating in such meetings . If you wish to use auxiliary aids or require assistance to comment
at this public meeting , please contact the Community Development Department at (509 ) 545-3441 or TDD (509 ) 585-4425 at least
ten days prior to the date of the meeting to make arrangements for special needs.
Overview
Map
r"'"""&~ I IE;;r,J ,~-
Item: Preliminary Plat -Helena Street Addition #2
Applicant(s): Steve Bauman/Ralph & Cheryl Broetje
File #: PP 2023-003
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REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue – Remote
WEDNESDAY, 08 November 2023
6:00 PM
1
MASTER FILE #: Z 2023-009
APPLICANT: Jeff Kelly
1802 Road 76
Pasco, WA 99301
REQUEST: REZONE: 1802 Road 76 and Parcel #118-431-055 Rezone from
RS-12 (Residential Suburban) to R-1 (Low-Density Residential)
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal:
Parcel 1: N2NE4SE4SW4, LESS E 30' FOR 21-9-29 FOR RD 76 (270292); 1802 Road 76 (Parcel 118-
461-013)
Parcel 2: PTN 21-9-29 DAF; S 130' OF W 110' OF SE4NE4SW4, EXC CO RDS; (Parcel 118-431-055)
General Location: 1802 Road 76; eastern side of Road 76 approximately 1000 feet from the
intersection of W Court Street and Road 76.
Property Size:
Parcel 1 (Parcel 118-461-013): 4.82 Acres
Parcel 2 (Parcel 118-431-055): 0.33 Acres
Total: 5.15 Acres
2. ACCESS: 1802 Road 76 (Parcel 118-461-013) has access via Road 76, Parcel 118-431-055 is does
not have direct access to public right-of-way and must be accessed via neighboring properties.
3. UTILITIES: Municipal water is available in Road 76, municipal sewer is located approximately 800
feet to the south in Road 76. A lift station may be required to extend sewer to the property.
4. 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-20 COUNTY LOW DENSITY RESIDENTIAL/SINGLE FAMILY DWELLING
EAST: RS-12 LOW DENSITY RESIDENTIAL/SINGLE FAMILY DWELLING
SOUTH: RS-12 LOW DENSITY RESIDENTIAL/SINGLE FAMILY DWELLING
WEST: RS-12 LOW DENSITY RESIDENTIAL/SINGLE FAMILY DWELLING
5. 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-1-A2 designations. Per PMC 25.215.015 maximum gross density of any proposed
2
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 4 December 2023, under WAC 197-11-158.
ANALYSIS
Request
Applicant Jeff Kelly wishes to rezone Parcels 118-461-013 and 118-431-055, located on the eastern side
of Road 76 approximately 1000 feet from the intersection of W Court Street and Road 76 in Pasco, WA
99301 from RS-12 (Residential Suburban) to R-1 (Low-Density Residential). The sites comprise
approximately 5.15 acres (approximately 224,334 square feet).
The underlying Land Use Code is “Low Density Residential,” which specifies 3 to 6 dwelling units (DU) per
acre.
Staff would like to note 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.
History
The site was annexed into the City via Ordinance 3920 and subsequently assigned the RS-12 (Residential
Suburban) zoning designation via Ordinance 3924. The site is developed with a single family dwelling unit
that was constructed on or around 2007. Per the Franklin County Assessor’s records various shops, sheds,
and Quonsets have been constructed on site, staff was unable to find information relating the dates of
construction for the accessory buildings.
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:
1. The date the existing zone became effective:
The site was assigned RS-12 zoning in 2009 via Ordinance 3924.
2. The changed conditions, which are alleged to warrant other or additional zoning:
In 2009 the site was annexed into the City and given the Low-Density Residential designation, and has
remained so since.
3
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, 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.
3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:
The Low Density Residential designation allows for RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2 zoning;
development with a higher density of dwelling units per acre will help reduce urban sprawl and increase
home ownership.
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
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.
4. The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan:
A change in zoning would be consistent with the comprehensive plan Land Use Map Low Density
Residential designation for the site. Per Applicant, the new houses and associated improvements to the
adjacent streets will be similar to the surrounding development and will have a positive impact to the value
or character of the adjacent property.
5. The effect on the property owner or owners if the request is not granted:
Per Applicant, development costs are high and without the rezone the cost per lot may prohibit
development.
6. The Comprehensive Plan land use designation for the property:
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-1-A2 zoning.
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.
7. Such other information as the Hearing Examiner requires:
The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council
Goals.
4
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The Hearing Examiner may add additional findings to
this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on November 20th, 2023.
2. Applicant wishes to rezone 1802 Road 76 (Parcel 118461013) and Parcel 118431055 from RS-12
(Residential Suburban) to R-1 (Low-Density Residential).
3. The sites comprise approximately 5.15 acres (approximately 224,334 square feet).
4. The underlying Land Use code specifies 3 to 6 dwelling units (DU) per acre.
5. The site was assigned RS-12 zoning in 2009 via Ordinance 3924.
6. The City’s 2018-2038 Comprehensive Plan Land Use Map designates the site as “Low Density
Residential”.
7. The “Low Density Residential” designation may be developed with a variety of residential housing
including single family dwellings, zero lot line dwellings, multiple dwellings, duplexes, triplexes,
and courtyard apartments.
8. 1802 Road 76 (Parcel 118461013) is developed with a single family dwelling and multiple
accessory structures.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact
from which to draw its 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.
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-1-A2 zoning designations.
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.
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.
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.
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
5
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.
No Concomitant Agreement is considered necessary for this application.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein, that 1802 Road 76 (Parcel
118461013) and Parcel 118431055 in Pasco WA., be rezoned from RS-12 (Residential Suburban) to R-1
(Low-Density Residential).
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SITE
Item: Kelly RS-12 to R-1 Rezone
Applicant(s): Jeff Kelly
File #: Z 2023-009 ±
0 230 450 680 900110
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Vicinity
Map
SITE
Item: Kelly RS-12 to R-1 Rezone
Applicant(s): Jeff Kelly
File #: Z 2023-009 ±
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0 230 450 680 900110
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Item: Kelly RS-12 to R-1 Rezone
Applicant(s): Jeff Kelly
File #: Z 2023-009 ±
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Item: Kelly RS-12 to R-1 Rezone
Applicant(s): Jeff Kelly
File #: Z 2023-009 ±
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Item: Kelly RS-12 to R-1 Rezone
Applicant(s): Jeff Kelly
File #: Z 2023-009 ±
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"Exhibit B"
R-1
Item: Kelly RS-12 to R-1 Rezone
Applicant(s): Jeff Kelly
File #: Z 2023-009 ±
Looking North
Looking Northeast
Looking East
Looking Southeast
Looking South
Looking Southwest
Looking West
Looking Northwest
Affidavit of Mailing
In regards to MF# 22023-009
I, Carmen Patrick, hereby confirm that notification was sent by mail November 20, 2023 to the owners
of the parcels within 300 feet of the proposed site .
The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was
sent and to whom received the notification .
Given under my hand and official signature this 20th day, November of 2023.
' PifSco Community Development Department
PO Box 293, 525 N 3rd Ave , Pasco, WA 99301
P: 509 .545.3441 / F: 509 .545.3499
CITY OF PASCO
PUBLIC NOTICE
Si necesita ayuda para entender este aviso o necesita mas informaci6n, par favor llame al Departamento
de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441.
A public hearing with the Hearing Examiner will be held on December 13, 2023 at 6:00 pm
Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington .
Proposal: Jeff Kelly ha s submitted a Rezone application (Z 2023-009} from RS-12 (Residential Suburban) to R-1
(Low-Density Residential) for two parcels sized 4.82 acres and 0.33 acres . The parcels are located 1802 Road 76
(Franklin County Assessor Parcel Nos: 118461013 & 118431055) in Pasco, WA 99301 . The proposal is subject to
regulations contained in the Pasco Municipal Code . Future site-specific development applications will be subject to
SEPA environmental review and code requirements . Impact fees will apply .
Public Comment Period: Written comments must be submitted to the Community Development
Department by 5:00 p.m. on December 13, 2023, to be included in the Hearing Examiner packet . If you
have questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail to:
hatto ria@pa sco -wa .gov .
If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting
at the following registration link:
www.pasco-wa.gov/publiccomment
After registering, you will receive a confirmation email containing information about joining the
webinar.
Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a recommendation
on the rezone within ten {10) days of the public hearing.
Prepared 20 November 2023 by: Andrew Hattori, Planner II , PO Box 293 Pasco , WA 99301 (509) 545-3441
The City of Pas co welcomes full participation in public meetings by all citizens . No qualified individual with a disability shall be
exc luded or denied the benefit of participating in such meeting s. If you wish to use au xiliary aids or require assistance to comment
at thi s public meeting , pleas e contact the Commun ity Developmen t Departmen t at (509 ) 545-3441 or TDD (509 ) 585-4425 at least
ten days prior to the date of the meeting to make arrangements for special needs .
Page 1 of 2
Item: Kelly RS-12 to R-1 Rezo11e
"Exhibit B" Applicant(s): Jeff Kelly
File#: Z 2023-009
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NAME ADDRESS CITY STATE ZIP
JEFF & JENNIFER KELLY 1802 ROAD 76 PASCO WA 99301
KARL WALTERSKIRCHEN 2004 N ROAD 76 PASCO WA 99301
SKYLER & KELSIE KENOYER 1920 ROAD 76 PASCO WA 99301
RAMON VERA (ETUX) 2003 ROAD 80 PASCO WA 99301
DANIEL & SANDRA AND ERSO N 1919 N ROAD 80 PASCO WA 99301
DUSTIN R & BRITN I R BLUNDON 1921 N ROAD 80 PASCO WA 99301
JEFF & JENNIFER KELLY 1006 CHRISTOPHER LN PASCO WA 99301
GREG T & JILL MALLEN 1706 N ROAD 76 PASCO WA 99301
BRADLEY & RACHAEL MICHEL 3814 W GRAND RONDE AVE KENNEWICK WA 99336
JOHN R & CHAREL LE A BOREY 7806 W AGATE CT PASCO WA 99301
JTN CONSTRUCTION LLC PO BOX 2586 PASCO WA 99301
SUE E & JOHN E RICHARDSON PO BOX 151 RICHLAND WA 99352
ABEL L & MELISSA D GONZALEZ 7805 AGATE CT PASCO WA 99301
WILLIAM L & NANCY W DAWKINS (T 1917 ROAD 76 PASCO WA 99301
DANIEL & ASHLEY MALLERY 1921 ROAD 76 PASCO WA 99301
SARAH RENEE BLASDEL 1909 RD 76 PASCO WA 99301
JERRALEE A COOLEY PO BOX 1038 RICHLAND WA 99352
ROGER E LENK (ETUX) 1817 N ROAD 76 PASCO WA 99301
JOSIAH JOH NSON (ET AL) 1491 CLARK RD PASCO WA 99301
BRADLEY R & CHERYL A MCCORT 5426 ROAD 69 STE D MPB 104 PASCO WA 99301
JEFFERY R & SHELBY J SONDERMAN 7504 TER RAY CT PASCO WA 99301
RANDALL D & LEANN M NUNAMAKER 7518 TER RAY CT PASCO WA 99301
CITY OF PASCO 525 N 3RD AVE PASCO WA 99301
REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue – Remote
WEDNESDAY, 08 November 2023
6:00 PM
1
TER FILE #: Z 2023-011
APPLICANT: Kimberly M Jankelson; Road 68 Venture
PO Box 98210
Lakewood, WA 98496-0210
REQUEST: REZONE: 3216 Road 68 and 3320 Road 68 Rezone from RS-12
(Residential Suburban) to R-4 (High-Density Residential)
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal:
3216 Road 68: SHORT PLAT 81-21 LOT 2
3320 Road 68: SHORT PLAT 81-21 LOT 1
General Location: Western side of Road 68, south of the FCID Canal and approximately 400 feet
from the intersection of Road 68 and W Argent Road.
Property Size:
3216 Road 68 (Parcel 117-642-105): 1.13 Acres
3320 Road 68 (Parcel 117-642-098): 1.05 Acres
Total: 2.18 Acres
2. ACCESS: Both properties have access from Road 68 along their eastern property lines.
3. UTILITIES: Municipal water and sewer are available in Road 68.
4. LAND USE AND ZONING: Both properties are zoned RS-12 (Residential Suburban) and are
developed with Single Family Dwellings and Detached Garages. Surrounding properties are zoned
and developed as follows:
NORTH: RS-20/FCID CANAL LOW DENSITY RESIDENTIAL/FCID CANAL
EAST: RS-12 HIGH DENSITY RESIDENTIAL/UNDEVELOPED
SOUTH: C-1 RETAIL COMMERCIAL/FIRE STATION
WEST: RS-12 LOW DENSITY RESIDENTIAL
5. Comprehensive Plan: The City of Pasco Comprehensive Plan designates this site as “Mixed
Residential & Commercial.” The Mixed Residential & Commercial designation accommodates a
diverse range of housing, nonresidential uses, commercial uses, neighborhood retail and office
uses, parks and recreation areas, and civic uses at a density of 5 to 29 dwelling units per acre, and
may be assigned R-1, R-2, R-3, R-4, C-1 and O zoning. 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
2
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 4 December 2023, under WAC 197-11-158.
ANALYSIS
Request
Applicant Kimberly Jankelson wishes to rezone Lots 1 & 2 of Short Plat 82-21 (Parcel #’s 117-642-098 &
Parcel 117-642-105) in Pasco, WA 99301 from RS-12 (Residential Suburban) to R-4 (High-Density
Residential). The sites comprise approximately 2.18 acres (approximately 95,000 square feet).
The underlying Land Use Code is “Mixed Residential & Commercial,” which specifies 5 to 29 dwelling units
(DU) per acre.
Staff would like to note that the proposed rezone does not include a project action. It is anticipated that
should the rezone be approved a subsequent development 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.
History
The site was annexed into the City via Ordinance 3214 in 1997 and subsequently assigned the RS-12
(Residential Suburban) zoning designation via Ordinance 3215. The site’s land use designation was
amended from Low Density Residential to Mixed Residential & Commercial in 2023 via Ordinance 4650.
3216 Road 68 is developed with a single family dwelling unit that was constructed in 1979. 3320 Road 68
is developed also developed with a single family dwelling unit that was constructed in 1950. Both sites
also contain detached garages, staff was unable to find documentation detailing the dates of construction
for either garage.
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:
1. The date the existing zone became effective:
The site was assigned RS-12 zoning in 1997 via Ordinance 3215.
2. The changed conditions, which are alleged to warrant other or additional zoning:
In 1997 the site was annexed into the City and given the Low-Density Residential designation, the
designation was subsequently amended to Mixed Residential & Commercial in 2023 via Ordinance 4650.
On January 24, 2022 Council approved Ordinance 4575, amending the Zoning code, including Pasco
Municipal Code (PMC) 25.70 relating to the R-4 zoning district. The approved ordinance changed the
3
purpose of the R-1 zone found in PMC 25.70.010, as follows: “The R-4 district is established to provide a
high-density residential environment compliant with the Comprehensive Plan Land Density Table in
25.215.015,”. As well, PMC 25.70.020 added zero-lot line dwellings, multiple dwellings, duplexes, triplexes,
and courtyard apartments to the mix of allowed uses in the R-4 zoning district. The density requirement in
PMC 25.70.050 was also amended to eliminate the one-unit-per-lot development restriction.
3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:
The Mixed Residential & Commercial designation allows for R-1, R-2, R-3, R-4; C-1 and O zoning;
development with High-Density Residential will add and increase density which will help reduce urban
sprawl and increase home ownership.
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
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.
4. The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan:
A change in zoning would be consistent with the comprehensive plan Land Use Map Mixed Residential &
Commercial designation for the site. The site has been subject to at least two Code Enforcement cases
related to maintenance, development of the site would improve the value and character of the adjacent
properties.
5. The effect on the property owner or owners if the request is not granted:
Per Applicant, either the property will remain undeveloped or sold as singly family only building parcels.
6. The Comprehensive Plan land use designation for the property:
The City of Pasco Comprehensive Plan designates this site as “Mixed Residential & Commercial.” The Mixed
Residential and Commercial designation accommodates a diverse range of housing, nonresidential uses,
commercial uses, neighborhood retail and office uses, parks and recreation areas, and civic uses at a
density of 5 to 29 dwelling units per acre, and may be assigned R-1, R-2, R-3, R-4; C-1 and O zoning.
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.
7. Such other information as the Hearing Examiner requires:
The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council
Goals.
4
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The Hearing Examiner may add additional findings to
this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on November 20th, 2023.
2. Applicant wishes to rezone 3216 Road 68 (Parcel 117642105) and 3320 Road 68 (Parcel
117642098) from RS-12 (Residential Suburban) to R-4 (High-Density Residential).
3. The sites comprise approximately 2.18 acres (approximately 95,000 square feet).
4. The underlying Land Use Code specifies 5 to 29 dwelling units (DU) per acre.
5. The site was assigned RS-12 zoning in 1997 via Ordinance 3215.
6. The sites land use designation was amended from “Low Density Residential” to “Mixed Residential
& Commercial” in 2023 via Ordinance 4650.
7. The City’s 2018-2038 Comprehensive Plan Land Use Map designates the site as “Mixed Residential
& Commercial”.
8. The “High-Density Residential” designation may be developed with a combination of single-family
dwellings, two-family dwellings, zero-lot line dwellings, multiple dwellings, duplexes, triplexes,
and courtyard apartments.
9. Both 3216 Road 68 and 3320 Road 68 are developed with single family dwellings and detached
garages.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact
from which to draw its 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.
The Land Use Element of the Comprehensive Plan designates the lot “Mixed Residential & Commercial.” 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 Mixed Residential & Commercial
classification is intended to accommodate “a diverse range of housing, nonresidential uses, commercial
uses, neighborhood retail and office uses, parks and recreation areas, and civic uses at a density of 5 to 29
dwelling units per acre,” and allows for R-1, R-2, R-3, R-4; C-1 and O zoning designations.
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.
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.
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
5
proposal.
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.
No Concomitant Agreement is considered necessary for this application.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein, that Lots 1 & 2 of Short Plat 81-
21 in Pasco WA, be rezoned from RS-12 (Residential Suburban) to R-4 (High-Density Residential).
0 540 1,100 1,600 2,200270
Feet
Overview
Map
SITE
Item: Jankelson RS-12 to R-4 Rezone
Applicant(s): Kimberly Jankelson
File #: Z 2023-011 ±
0 540 1,100 1,600 2,200270
Feet
Vicinity
Map
SITE
Item: Jankelson RS-12 to R-4 Rezone
Applicant(s): Kimberly Jankelson
File #: Z 2023-011 ±
Looking North
Looking Northeast
Looking East
Looking Southeast
Looking South
Looking Southwest
Looking West
Looking Northwest
Affidavit of Mailing
In regards to MF# Z2023-011
I, Carmen Patrick, hereby confirm that notification was sent by mail November 20, 2023 to the owners
of the parcels within 300 feet of the proposed site.
The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was
sent and to whom received the notification.
Given under my hand and official signature this 20th day, November of 2023 .
~cD
Representative's Signature
• PifSco Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545 .3441 / F: 509.545.3499
CITY OF PASCO
PUBLIC NOTICE
Si necesita ayuda para entender este aviso o necesita mas informaci6n, par favor Ila me al Departamento
de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509 -545-3441.
A public hearing with the Hearing Examiner will be held on December 13, 2023 at 6:00 pm
Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington.
Proposal: Kimberly Jankelson has submitted a Rezone application (Z 2023-011) from RS-12 (Residential Suburban)
to R-4 (High-Density Residential) for two parcels sized 1.13 acres and 1.05 acres . The parcels are addressed 3216
Road 68 and 3320 Road 68 (Franklin County Assessor Parcel Nos : 117642105 & 117642098 respectively) in Pasco ,
WA 99301. The proposal is subject to regulations contained in the Pasco Municipal Code . Future site-specific
development applications will be subject to SEPA environmental review and code requirements . Impact fees will
apply .
Public Comment Period: Written comments must be submitted to the Community Development
Department by 5:00 p.m. on December 13, 2023, to be included in the Hearing Examiner packet . If you
have questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail to:
hattoria@pasco-wa.gov .
If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting
at the following registration link:
www.pasco -wa .gov/publiccomment
After registering, you will receive a confirmation email containing information about joining the
webinar.
Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a recommendation
on the rezone within ten (10) days of the public hearing.
Prepared 20 November 2023 by: Andrew Hattori, Planner 11, PO Box 293 Pasco , WA 99301 (509) 545-3441
The City of Pas co welcomes full participation in publ ic meetings by all citizens . No qual ified individual with a disability shall be
excluded or denied the benefit of partic ipating in such meetings . If you wish to use au xil iary aids or require assistance to comment
at thi s public meetin g, plea se contact the Commun ity Development Department at (509 ) 545-3441 or TDD (509 ) 585-4425 at least
ten days prior to the date of the meeting to ma ke arrangements for special needs .
Page 1 of 2
Item: Jankelson RS-12 to R-4 Rezone
"Exhibit B" Applicant(s): Kimberly Jankelson
File #: Z 2023-011
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NAME ADDRESS CITY STATE ZIP
CITY OF PASCO PO BOX 293 PASCO WA 99301
RMM GROUP LLC 1231 COUNTRY RIDGE DR RICHLAND WA 99352
ANDREW & KAREN WEIS 6920 VALLEY VIEW PL PASCO WA 99301
BERNARDINO & EUDOCIA CONTRERAS PO BOX 595 PASCO WA 99301
ANA RAHIMLOU PO BOX 173 RICHLAND WA 99352
TED & AMY WONG 1655 SAGEWOOD ST RICHLAND WA 99352
ROAD 68 JOINT VENTURE PO BOX 881240 STEILACOOM WA 98388
AGAPITO RAMOS 3218 ROAD 68 PASCO WA 99301
BRIAN ALLEN & DANYELL ANN WAGE 3007 ROAD 70 PL PASCO WA 99301
KIMBERLY A GARTNER 8312 ARROYO JUSTIN AVE LAS VEGAS NV 89128
JONATHAN DUARTE 84205 E SAGEBRUSH RD KENNEWICK WA 99338
BENNY W & GLENDA L WYRICK 3111 ROAD 70 PL PASCO WA 99301
NAOMI DIAN ROGERS 3203 ROAD 70 PL PASCO WA 99301
NANCY F PETERSON 3115 ROAD 70 PL PASCO WA 99301
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