HomeMy WebLinkAbout10-09-2024 HE Packet
AGENDA
Hearing Examiner
6:00 PM - Wednesday, October 9, 2024
Pasco City Hall, Council Chambers & Microsoft Teams Webinar & GoToWebinar
Page
1. REMOTE MEETING INSTRUCTIONS - Individuals, who would like to
provide public comment remotely, may continue to do so by filling out the
online form via the City’s website (www.pasco-wa.gov/publiccomment) to
obtain access information to comment. Requests to comment in meetings
must be received by 4:00 p.m. on the day of each meeting.
Hearing Examiner meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER
3. PUBLIC HEARINGS
2 - 4 (a) HE2024-007 Gerizim Church Special Permit SP2023-015 Ext.
5 - 52 (b) PP2024-006 Crossings at Pearl Street
53 - 76 (c) SP2024-014 New Beginnings Church
77 - 105 (d) SP2024-015 Marathon Tesoro Butane Blending Facility
106 - 137 (e) Z2023-008 Gisi Water Tower Apartments C-1 to R-4
138 - 162 (f) ZD2024-001 Valdivia Annexation C-1
163 - 187 (g) D2024-002 Shumway C-3
4. ADJOURNMENT
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REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue – Council Chambers
Monday September 16, 2024
6:00 PM
1
MASTER FILE #: HE 2024-007
APPLICANT: Jolma Design LLC
PO Box 1281
Battle Ground WA 98604
REQUEST: EXTENSION FOR A SPECIAL PERMIT: Iglesia Gerizim Church in a C-
1 (Retail Business) Zoning District
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: Parcel C; the East 295.16 feet of the Northeast ¼ of the Northeast ¼ of the Northeast ¼ of Section 26,
Township 9 North Range 29 East, except the North 442.74 feet, and except the South 111.56 feet, and except
County Road.
General Location: 1310 ROAD 36 (Parcel 119491122)
Property Size: Approximately .68 acres (29,580.40 square feet)
2. ACCESS: The site has access from Road 36 along the east side of the site.
3. UTILITIES: The site is served by both water and sewer services from Road 36.
4. LAND USE AND ZONING: The site is zoned C-1 (Retail Commercial) and developed with a commercial
steel building. Surrounding properties are zoned and developed as follows:
North: C-1 Vacant
East: C-3 US Post Office
South: R-1 SFDUs
West: R-1 SFDUs
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for commercial uses,
with a strip of Low-Density Residential along the west property line. The plan does not specifically address
churches, but various elements of the plan address locating businesses in appropriate locations for their
anticipated uses. Land Use Policy LU-1-D states: “Land uses should be permitted subject to adopted standards
designed to mitigate land use impacts on adjacent, less intensive uses, while preserving constitutionally
protected forms of expression.” Land Use Policies LU-6-A and LU-6-B direct the City to “Encourage
commercial and higher-density residential uses along major corridors and leverage infrastructure availability”
and “Promote efficient and functional neighborhood level and major commercial centers to meet community
demand.”
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on
the SEPA Checklist, the adopted City Comprehensive Plan, City development regulations, and other
information, a threshold determination resulting in a Mitigated Determination of Nonsignificance (MDNS)
was issued for this project on November 2, 2023, under WAC 197-11-355. Mitigation includes the following:
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1) Complete architectural plans are required for this change of occupancy. The plans must show that
the structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation,
and safety to life and property from fire, and to provide a reasonable level of safety to fire fighters
and emergency responders during emergency operations.
2) ROW dedication to complete the cul-de-sac on 37th Court shall be required; this may interfere with
the proposed parking lot expansion along the western property line.
ANALYSIS
Proposal
Applicant Iglesia Gerizim Church received approval of a Special Permit (SP 2023-015) to operate a church
facility in an existing commercial warehouse structure located at 1310 Road 36 (parcel 119491122) on
November 16, 2023, with a condition that the building receive a Certificate of Occupancy (CO) within one
year of Special Permit approval (condition #7).
Applicant wishes to extend the Special Permit they received for the church facility. The project proposed to
renovate an existing warehouse to be used for a church, including adding 30 parking spaces to the existing
10, for 40 total spaces.
Site
The site is developed with a 5,295-square-foot, approximately 31-foot-tall commercial warehouse structure
built in 2007. The site has direct access from 1310 Road 36.
The site has a transit stop approximately 0.1 mi away, accessible by walking.
Churches generally locate in or near residential neighborhoods. While the site in question is in a commercial
area, it is adjacent residential areas to the south and west.
History
The site was annexed into the City (Ordinance 2535) and assigned C-1 zoning (Ordinance 2540) in 1985.
Zoning has not changed since annexation and the initial zoning determination. Owner of Bi-State Siding &
Window obtained a building permit from the City of Pasco to construct a commercial warehouse structure in
1995. The Bi-State Siding & Window company, a commercial construction building and layout yard with
trucks, forklifts, and other equipment, operated from the site until at least 2017.
Discussion
Per Pasco Municipal Code (PMC) 25.200.150 Extensions: The Hearing Examiner may grant a one-time
extension without a public hearing, provided the extension does not exceed six months and an application
for extension is submitted to the Hearing Examiner no later than 30 days prior to the expiration date of the
special permit.
As previously granted, the permit would expire on November 16, 2024, with a 30-day lead period landing
on October 17, 2024; a six-month extension would grant Applicant leeway until mid-April 2025
INITIAL 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
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this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Staff Findings of Fact have not changed substantially since Special Permit Approval on November 16,
2023 Initial Staff findings of Fact have not changed substantially since
RECOMMENDATION
Staff recommends approval of a six-month extension to Special Permit 2023-015, for a church facility to be
located at 1310 Road 36 (Franklin County Tax Parcel 119491122) in a C-1 (Retail Business) district with
conditions as set forth herein.
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REPORT TO THE HEARING EXAMINER
City Hall – 525 North Third Avenue – Council Chambers
WEDNESDAY, 9 October 2024
6:00 PM
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MASTER FILE #: PP 2024-006
APPLICANT: Nathan Machiela, obo, Story Family Five
400 Columbia Point Drive Suite 101-B
Richland, WA 99352
REQUEST: Preliminary Plat: Subdivision of three parcels to create 71 lots
within the R-3 Medium Density Residential zoning district.
Timeline:
14 May 2024 Application Submitted
28 May 2024 Application Deemed Complete
2 October 2024 SEPA Mitigated Determination of Non-Significance Issued
25 October 2024 Application Noticed for Public Hearing
2 October 2024 Public Hearing Staff Report Published
BACKGROUND
1) PROPERTY DESCRIPTION:
Abbreviated Legal:
Parcel 113-460-160: SHORT PLAT 2014-29 LOT 3
Parcel 113-460-161: SHORT PLAT 2014-29 LOT 4
Parcel 113-460-162: SHORT PLAT 2014-29 LOT 5
General Location: The end of W Pearl Street east of N 4th Avenue in Pasco, Washington.
Property Size:
Parcel 113-460-160: 1.85 Acres
Parcel 113-460-161: 2.02 Acres
Parcel 113-460-162: 2.42 Acres
Total: 6.29 Acres
2) ACCESS: The property has access from W Pearl Street and via an access easement that connects to N 4th
Avenue.
3) UTILITIES: Municipal water and sewer are available to the site from W Pearl Street. Sewer extends
through the vacant property running north to south.
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4) LAND USE AND ZONING: The property is zoned R-1 (Low Density Residential) and is currently developed
with a single family dwelling unit and various accessory structures. Surrounding properties are zoned and
developed as follows:
North: I-1 Light Industrial/Freight Logistics Development
East: I-1 Light Industrial/BNSF Railway Property
South: R-3 Medium Density Residential/Multiple Dwelling Development
West: R-3 Medium Density Residential/Multiple Dwelling Development
5) COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan designates this site as “High Density
Residential.” The High-Density Residential designation is described as a variety of residential housing at
a density of 21 dwelling units per acre or more, and may be assigned the R-4 zoning district designation.
6) ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the
SEPA checklist (SEPA2024-027), the adopted City Comprehensive Plan, City development regulations, and
other information, a threshold determination resulting in a Mitigated Determination of Non-Significance
(MDNS) was issued on October 2, 2024, for this project under WAC 197-11-355.
7) EXHIBITS:
1) Preliminary Plat Application – Applicant
2) Survey – Applicant
3) Title Report – Applicant
4) Mid-Block Connection Proposal – Applicant
5) Overview Map – City of Pasco
6) Vicinity Map – City of Pasco
7) Land Use Map – City of Pasco
8) Zoning Map – City of Pasco
9) Comprehensive Plan Map – City of Pasco
10) Photos – City of Pasco
11) SEPA Determination – City of Pasco
12) Affidavit of Mailing – City of Pasco
13) Affidavit of Posting – City of Pasco
ANALYSIS
Request
Applicant proposes to subdivide three properties totaling 6.29 acres into 71 individual lots for single family
attached dwellings within the R-3 Low Density Residential zoning district. New streets will be developed as a
part of the development with an alternate design including easements to provide ample access to residents
and the public. The proposed dwellings would be attached single family units.
History
The site was annexed into the City in 1949 via Ordinance 0649, a zoning determination applicable to the
annexation was not readily available. Records readily available do not indicate a history of modifications to
it’s current zoning of R-3 Medium Density Residential.
Lot & Right-of-Way Layout
The proposed plat would create 71 lots, all designated for residential development. Land would be dedicated
and developed into new roadways, including an extension of W Pearl Street that would loop and connect to
an access easement extension of the Housing Authority property (Parcels 113-460-158 & 113-460-159) to
provide access to the newly created lots. The new roadway would be a mix of public right-of-way and
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easements to provide access to city representatives for maintenance of the improvements, the roadway
would contain 42 feet of public right-of-way and 9 feet of access/maintenance easement on each side of the
right-of-way. The applicant shall be required to obtain easements for fire turnaround on dead end roads and
an easement for a Secondary Emergency Vehicle Access Easement (SEVA) to meet the requirements of life
safety codes.
The proposed lots vary in size from 2,125 sq. ft. to 6,706 sq. ft. The applicant has stated that the structure
design will be single family attached housing (split lot line development, row homes, etc.), the minimum lot
sizing required for this style of construction is 1,500 sq. ft. Therefore all lots will meet the required minimum
lot size for the underlying zoning designation. Lots at or above 2,500 sq. ft. in size may be developed with
single family detached housing. All lots within the plat will be provided access to public right-of-way.
STAFF FINDINGS OF FACT
1) Notice of the public hearing was sent to property owners within 300 feet of the subject property and the
newspaper on September 25, 2024.
2) An application for the proposed plat was submitted on May 14th, 2024 and determined to be complete
on May 28th, 2024.
3) The proposed site is covers Parcels 113-460-160, 113-460-161, and 113-460-162 in Pasco, WA.
4) The site’s zoning is R-3 Medium Density Residential.
5) The applicant proposes 71 new residential lots.
6) The site is currently undeveloped.
7) The project will involve the construction of new roadways to provide access to the new lots, including
the extension of W Pearl Street.
8) Water and Sewer will be extended to and through the right-of-way to provide all lots with access to
utilities.
9) Water rights shall be either deeded to the City or an in-lieu of fee paid prior to recording of any final plat.
10) Park and School impact fees will be collected for each lot prior to building permits being issued for new
residences.
11) The site is located east of 20th Avenue and is not required to pay a Traffic Impact Fee and is therefore not
included in the geographic scope in PMC 3.40.030.
TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT
As per PMC 21.25.060, Upon conclusion of the open record hearing, the Hearing Examiner shall make and
enter findings from the record and conclusions thereof 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 subdivision will be serviced by City emergency services and is located approximately 0.3 miles
from Volunteer Park. The proposal is also dedicating and constructing adequate right-of-way and will be
required to construct the right-of-way to meet the requirements of PMC and the Pasco Design and
Construction Standards. These requirements include the construction of new sidewalks adjacent to the right-
of-way for safe pedestrian travel. Utilities such as municipal water and sewer are required to be extended to
and through the right-of-way to provide access to all lots within the proposed subdivision.
Park and school impact fees will be collected with each building permit issued for a new dwelling to account
for impacts to the school system and park land improvements and maintenance.
(2) The proposed subdivision contributes to the orderly development and land use patterns in the area;
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The proposed development will contain various types of residential dwellings and will match the residential
dwelling pattern within the vicinity. While the lot sizes are smaller than those typically found in the immediate
vicinity each lot will be developed to comply with the zoning code of Medium Density Residential and will be
in conformance with the underlying land use designation of High Density Residential which applies for the
residentially designated lands in the general vicinity.
The development will also be required to construct row-of-improvements such as curb, gutter, sidewalk, street
lighting, etc. for safe pedestrian travel and for the welfare of the residents. This will differ from many of the
surrounding properties as such row-of-way improvements are not present.
(3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan;
Pasco’s Comprehensive Plan Future Land Use Map designates the land as “High Density Residential” which
allows for R-4 zoning designation and allows for a variety of residential housing at a density of 21 or more
dwelling units per acre. The sites zoning designation and proposed density of 11.3 dwelling units per acre may
not conform directly with the density detailed in the comprehensive plan but meets the intent of Medium
Density Residential zoning it is currently designated. Further, the proposal aligns with the policies of the
Comprehensive Plan such as:
• Housing Policy H-1-A: 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. The R-3 zoning designation allows for a variety of dwelling types,
this proposal would have a mix of detached single-family dwellings and attached (zero lot line, row
housing, etc.) single-family dwellings.
• Land Use Policy LU-2-B: Facilitate planned growth within the City limits and UGA, and promote infill
developments in the City limits through periodic review of growth patterns and market demand
within each of the City’s land use designations. The proposal is for medium density residential infill
development in an area that has seen residential development in recent years.
• Utilities Policy UT-1-A: Ensure that public water and sewer services are available concurrently with
development in the urban growth area. Public water is already available to the site with sewer
nearby. The proposal would bring public water and sewer to and through the property for each lots
access and provide a closer access point for existing properties that may want to connect or bring
utilities to their property.
(4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which
have been adopted by the City Council;
The City Council has adopted the Pasco Comprehensive Plan which contains various goals and policies of which
the proposal conforms to, see example policies under (3) of this section. Further, the proposal conforms with
some Council’s 2022-2023 goals such as:
• Economic Vitality: Implementation of the Comprehensive Land Use Plan through related actions
including zoning code changes, phased sign code update, and development regulations and
standards. In November of 2023 the City Council passed Ordinance 4700 relating to residential design
standards. These standards provide various housing types, lot sizes, frontage widths etc. which the
proposed plat will conform to and use.
(5) The proposed subdivision conforms to the general purposes of this title;
Title 21 “Pasco Urban Area Subdivision Regulations” contains requirements and procedures for various
subdivision types. Requirements include those for streets, lots and blocks, and application materials for each
type of subdivision action. The proposed subdivision meets the requirements of Title 21 in all respects.
(6) The public use and interest will be served by approval of the proposed subdivision.
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The proposed plat, if approved, will be developed in accordance with all City codes and standards designed to
ensure the health, safety and general welfare of the community are met. The Comprehensive Plan will be
implemented through developed of this plat. These factors will ensure the public use and interest are served.
APPROVAL CONDITIONS
1) The Guardians Nest subdivision shall be developed in substantial conformance with the submitted Plat,
except as herein modified. The subdivision shall contain 71 residential lots.
2) 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 International Fire Code. If there are any conflicting regulations in any of
these documents, the more stringent regulation shall apply.
3) The face of the final 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.”
4) 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.”
5) 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.
6) Only City and other utilities with franchise agreements are allowed in the public right-of-way.
7) Any and all overhead power is required to be re-routed below ground, unless the applicant can
demonstrate that such undergrounding is technically or financially unfeasible.
8) 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 the City of Pasco written support/approval of the proposed
development from all outside utilities, public and private.
9) All fee payments for bonding of Right-Of-Way improvements and Water Rights must be paid at or before
the time of final plat being submitted for signatures.
10) Street lighting will be required per City standards.
11) All stormwater is required to be maintained and treated on site in accordance with Washington State
Department of Ecology and City of Pasco Standards.
12) All utilities to be extended to-and-through the property being developed.
13) The developer shall obtain easements for and develop fire turnarounds and a Secondary Emergency
Vehicle Turnaround as required by Internation Fire Code prior to recording of final plat. These easements
shall be recorded and shown and shown on any final plat submittals.
14) A mid-block connection shall be added to the design as shown in Exhibit (4) included within the October
9th Hearing Examiner Packet.
15) The final plat shall detail existing conditions, such as the names of neighboring subdivisions and property
lines of all adjacent properties.
16) 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.”
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RECOMMENDATION
Staff recommends approval of the Crossings at Pearl Street Preliminary Plat located Parcels 113-460-160,
113-460-161, and 113-460-162 in Pasco, WA with conditions per above.
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T Cityof Community &Economic Development Department
PO Box 293,525 N 3rd Ave,Pasco,WA 99301
P:509.545.3441 /F:509.545.3499
CITY OF PASCO
PRELIMINARY PLAT APPLICATION
PURPOSE:The purpose of a preliminary plat is to provide the owner(s)of property wishing to divide
their property into two or more lots and the City an opportunity to review the overall concept prior to
initial development.The intent of the preliminary plat process is to promote orderly and efficient
community growth within the requirements of RCW 58.17.035.
Prior to the filing of an application for approval of a preliminary plat,it is suggested that the
subdivider,or his/her agent,contact the Planning Department to discuss the requirement for
the preliminary plat.
1
REQUIREMENTS:
1.Title report current within thirty (30)days
2.Application fee (see below)
3.Electronic copy of plat and adjacent properties,as defined below,in AutoCAD format for
importation into the City's Geographic Information System (GIS)
A completed SEPA checklist4
5.An accepted traffic impact analysis (TIA)may be required per the Pasco Design and
Construction Standards.
6.Four (4)hard copies of a professionally drawn Preliminary Plat map in ANSİ D size (22x34
inches)Clearly showing:
a.General information.The following general information shall appear on each sheet
of a preliminary plat:
i.Proposed name of the subdivision along with the words "Preliminary Plat."
Names shall not be deceptively similar to names of existing subdivisions;
i.Name and address of the applicant/developer and owner;
ii.Name and address of the professional engineer or surveyor who prepared the
preliminary plat;
iv.Numeric scale,graphic scale,true north point and date of preparation;
V.Location of boundary lines in relation to section,quarter-section or quarter-
quarter section lines and any adjacent corporate boundaries;
vi.A vicinity map sufficient to define the location and boundaries of the
proposed subdivision with respect to surrounding property,streets and other
major man-made and natural features shall appear on the preliminary plat.
b.Existing conditions.Information on existing conditions shall appear on preliminary
plats as follows:
Updated May 2021 Page 1 of6
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i.Right-of Way and Parcel lines of completed and current preliminary adjacent
subdivisions and/or properties within ½mile;
ii.Existing Topographic features,including all utilities and contours at 5 foot
intervals;
ii.Location,width and name of each existing or platted street or other right-of-
way,parks and other public open spaces,and permanent buildings,within the
proposed subdivision;
iv.The location,widths and purposes of any existing easements lying within or
adjacent to the proposed subdivision as described in item "ľ above;
v.The location of any well within the proposed subdivision or within one
hundred (100)feet of the boundaries of the proposed subdivision.
c.Proposed Development.Preliminary plats shall contain the following information
about proposed developments:
i.Location and width of proposed streets,alleys,pedestrian ways and
easements;
i.Indication of any portion or portions of the preliminary plat for which
separate or successive final plats will be filed;
ii.Layout,numbers and approximate dimensions of lots and numbers of blocks;
iv.Location and size of all proposed parks,playgrounds,church sites,or other
special uses of land considered for dedication,or reservation by deed of
covenant for special use or for use of all property owners in the subdivision
and any conditions of such dedication or reservation;
V.Indication of proposed land use;
vi.Proposed contours,as necessary,to clearly depict future improvements;
vii.Two copies of proposed street grades may be required by the City Engineer
where conditions warrant their being furnished.
vii.For proposed subdivisions involving residential land uses,a Table shall be
provided on the preliminary plat containing the following information:
Total area of proposed plat in acres;
2.Number of lots and square footage of each lot;
1.
3.Minimum lot size;
4.Maxinmum lot size;
5.Average lot size;
6.Number of lots per phase;and
7.Total area of proposed rights-of-way per phase.
ix.Preliminary layout of water,storm drainage and sanitary sewer systems.
PUBLIC HEARING:Upon receipt of a fully completed,and accepted,application for preliminary plat
approval,a date shall be set for an open record hearing before the Hearing Examiner.
Upon conclusion of the public hearing,the Hearing Examiner shall approve the preliminary plat with
or without conditions or deny the preliminary plat.The Hearing Examiner shall make and enter into
findings from the record and conclusions thereof as to whether or not:
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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;
2.The proposed subdivision contributes to the orderly development and land use patterns in the
area;
3.The proposed subdivision conforms to the policies,maps and narrative text of 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;
5.The proposed subdivision conforms to the general purposes of this Title;
6.The public use and interest will be served by approval of the proposed subdivision.
NOTICE OF DECISION:Following adoption of a resolution approving or denying a preliminary plat,the
applicant shall be notified of the Hearing Examiner's action.The notice shall inform the applicant of
applicable time limitations for final plat submittal if the preliminary plat was approved.The approved
preliminary plat does not constitute an acceptance of the subdivision,but is deemed to be an
authorization to proceed with preparation of the final plat.
ADJUSTMENTS:
1.Minor Adjustments.Minor adjustments may be made and approved by the City Planner.Minor
adjustments are those which may affect the precise dimensions of the plat but which do not
affect the basic character or arrangement of the lots and streets.The adjustments cannot be
inconsistent with the requirements of the preliminary plat approval.The adjustments cannot
cause the subdivision to be in violation of this title,the zoning ordinance,any other applicable
City land use controls,Chapter 58.17 RCW,or any other applicable state law or regulation.
2.Major Adjustments.Major adjustments are those,when determined by the City Planner,that
substantially change the basic design,layout,open space or other requirements of the plat.
When the City Planner determines a change constitutes a major adjustment,a new application
for a preliminary plat is required and shall be processed as a new and separate application.
3.Time Limitations.A preliminary plat shall be valid for a five-year period following Hearing
Exarniner approval of the preliminary plat.
LARGE DEVELOPMENTS:
In order to discourage premature subdivision and unfeasible improvements of streets,the following
procedure is provided for:
1.When a developer or group of developers have in their control an area of land which they wish
to plat,but of such a large size that the sale of a majority of the lots in the area would take
more than a year,they may cause to be prepared a preliminary plat for the entire area of
development;
2.On such preliminary plat,development divisions may be designated;
3.Upon approval of the preliminary plat,the developer may cause to be prepared a final plat for
one or more development divisions,provided the order of development allows for the
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provision of utilities and streets with proper alignment with existing and future utilities and
streets;
4.Each development division shall be considered as a final plat and provisions of these
regulations shall be complied with for such development division.
Additional Considerations:
Due to the potential changes resulting from the Transportation Impact Analysis (TIA),plans depicting
civil improvements within the plat shall not be submitted for review until the TIA,for the entire
preliminary plat,is completed and accepted by the City Engineer.
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CityfTPasco
Master File #
Community &Economic Development Department
PO Box 293,525 N 3rd Ave,Pasco,WA 99301
P:509.545.3441 /F:509.545.3499
CITY OF PASCO
PRELIMINARY PLAT APPLICATION
Date Submitted:
Applicant Info
Name:Barghausen Consulting
Engineers -Nathan Machiela
Address:400 Columbia Point Drive
Suite 101-B,Richland,WA
99352
Phone:(425)251-6222
Email:nmachiela@barghausen.com
Project Address:Not Available -SE of Pearl St &4th Ave Intx
Project Parcel Number:113460160,113460161,113460162
Current Zoning:R-3,Medium-Density Residential District
Gross square footage of property:273,854 SF (6.29 AC)
Number of lots proposed:71 Residential lots
Source of domesticwater:City of PascoDomestic Water System
Method of sewagedisposal:City of PascoSanitary Sewer System
Development variations (density increase,planned density development,planned unit development,
etc.):Land is zoned R-3 (Medium-Density),but has a High Density Residential Land Use designation.Proposal is to
develop to the current R-3 Medium-Density zoning requirements.Alternate ROW section to be proposed with plat.
Description of proposal:Develop 71 attached single-family residential lots (2,3,and
4 unit townhouses),with public ROW dedication.Alternate ROW section to be proposed with development.
Development will utilize City water and sewer.
Updated May 2021 Page 5 of 6
Owner Info
(if different than applicant)
Name:Story Family Five,LLC
(Attn:Timn Story)
PO Box 2289
Richland,WA 99352
(509)302-6136
Address:
Phone:
Email:tim@santillanhomes.com
Page 15 of 187
Access to proposed plat (existing or proposed):
Existing access provided via 2 private access &utility easements,accessed from W Pearl St and internal
access routes within west adjacent development.Partial ROW extends to property boundary at NW corner of
site.Proposed roads throughout subdivision to be dedicated ROW with reduced ROW section.
NOTE:Provide a variance report giving a list and mailing address of owners of all property within 300
feet of the applicant's property,as shown by a local title company OR payment of $50.00 which shall
be utilized by the City to obtain a current list of property owners of all properties within 300 feet of the
applicant's property.
Application fee
Per Lot Fee
Environmental Checklist
Radius Notification
Preliminary Plat
(physical &
electronic)
Applicant Signature
SEPA checklist
$700.00
$30.00 per lot ($950.00 max)
$75.00
$50.00
$1,775
Fee Title Report
TOTAL
5/9/2024
Date
-102U
DateOwnerSignature
Page 6 of6
Page 16 of 187
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A PORTION OF THE SOUTHWEST 1/4 OF SEC. 20, TWN. 9 N, RGE. 30 E, W.M. CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON
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WA Subdivision Guarantee
File No.: 2314936
Guarantee Serial No.: G-6329-12958
Page 1 of 5
SUBDIVISION GUARANTEE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Guarantee No.: G-6329-12958 Fee: $326.10
Order No.: 2314936 Dated: April 30, 2024
Stewart Title Guaranty Company (the “Company”), guarantees the County of Franklin and any City within which said
subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the recording
laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the
map of the subdivision, the only parties having any record title interest in said land whose signatures are necessary, on
the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other
easements offered for dedication by said map as referred to in the guarantee.
Authorized Countersignature
Stewart Title Company
7913 W. Grandridge Blvd
Kennewick, WA 99336
For coverage information or assistance resolving a complaint, call (800) 729-1902 or visit www.stewart.com.
In writing this company, please address it at P.O. Box 2029, Houston, Texas 77252, and refer to the printed Serial No.
Page 21 of 187
SUBDIVISION GUARANTEE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
WA Subdivision Guarantee
File No.: 2314936
Guarantee Serial No.: G-6329-12958
Page 2 of 5
Prepared by:
Stewart Title Company
8511 W. Clearwater, Suite E
Kennewick, WA 99336
Order Number: 2314936 Guarantee No.: G-6329-12958
Effective Date: April 23, 2024
Premium: $300.00
Sales Tax: $26.10
Total:
$326.10
OWNERS:Story Family Five LLC, a Washington limited liability company
LEGAL DESCRIPTION:
See Exhibit “A” Attached Hereto
SUBJECT TO:
1. Right of Ways for pipelines, ditches, canals, flumes, if any cross said premises, together with the
right to enter thereon for the purpose of repair and maintenance thereof.
2. Easement in favor of Franklin County Irrigation District No. 1 and the terms and provisions
thereof, as more fully set forth in the document recorded as Instrument No. 97955.
3. Bill of Sale and Assignment of Easement conveyed to The United States of America, as more
fully set forth in the document recorded as Instrument No. 237959.
4. Declaration of Trust recorded May 1, 1990 under Instrument No. 471485.
5. Declaration of Trust recorded May 1, 1990 under Instrument No. 471486.
6. Declaration of Trust (Modernization Grant Projects) recorded January 19, 1993 under
Instrument No. 494525.
7. Survey and the terms and conditions thereof, recorded under Instrument Number 1812787,
8. Easement granted to Falcon Video Communications, LP, as more fully set forth in the document
recorded as Instrument No. 1828242.
9. Easement granted to Franklin County Irrigation District No. 1, as more fully set forth in the
document recorded as Instrument No. 1818953.
10. Easement granted to Public Utility District No. 1 of Franklin County, as more fully set forth in the
document recorded as Instrument No. 1838889.
Page 22 of 187
SUBDIVISION GUARANTEE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
WA Subdivision Guarantee
File No.: 2314936
Guarantee Serial No.: G-6329-12958
Page 3 of 5
11. Easement granted to Falcon Video Communications as more fully set forth in the instrument
recorded April 27, 2015, as Document No. 1828242.
12. Restrictions, easements, dedications, notes and delineated matters contained on the face of the
Plat of SHORT PLAT NO. 2014-29 as recorded under Instrument Number 1814088, and any
amendments thereto.
13.MAP
THE MAP CONNECTED HEREWITH IS BEING PROVIDED AS A COURTESY AND FOR
INFORMATIONAL PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON.
FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL
SUBDIVISION OR BUILDING ORDINANCES. STEWART ASSUMES NO LIABILITY,
RESPONSIBILITY OR INDEMNIFICATION RELATED TO THE MAPS NOR ANY MATTERS
CONCERNING THE CONTENTS OF OR ACCURACY OF THE MAP.
14. General taxes for the year 2024 have been paid in full:
In the Amount Of: $721.12
Tax Account No.: 113-460-160
Levy Code: 101
Land: $86,600.00
Improvements: $0.00
Page 23 of 187
SUBDIVISION GUARANTEE
EXHIBIT “A”
LEGAL DESCRIPTION
ISSUED BY
STEWART TITLE GUARANTY COMPANY
WA Subdivision Guarantee
File No.: 2314936
Guarantee Serial No.: G-6329-12958
Page 4 of 5
Order Number: 2314936 Guarantee No.: G-6329-12958
Lot 3, SHORT PLAT NO. 2014-29, according to the Survey thereof recorded under Auditor's File No.
1814088, records of Franklin County, Washington.
Situate in the County of Franklin, State of Washington.
Page 24 of 187
SUBDIVISION GUARANTEE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
WA Subdivision Guarantee
File No.: 2314936
Guarantee Serial No.: G-6329-12958
Page 5 of 5
Order Number: 2314936 Guarantee No.: G-6329-12958
This Guarantee and the legal description given herein are based upon information supplied by the
applicant as to the location and identification of the premises in question, and no liability is assumed
for any discrepancies resulting therefrom. This report does not represent either a commitment to
insure title, an examination of or opinion as to the sufficiency or effect of the matters shown, or opinion
as to the marketability of title to the land.
Page 25 of 187
File No.: 2314936 Updated 08/24/2023
Updated: August 24, 2023
STEWART INFORMATION SERVICES CORPORATION
GRAMM-LEACH BLILEY PRIVACY NOTICE
This Stewart Information Services Corporation Privacy Notice (“Notice”) explains how we and our affiliates and majority-owned
subsidiary companies (collectively, “Stewart,” “our,” or “we”) collect, use, and protect personal information, when and to whom we
disclose such information, and the choices you have about the use and disclosure of your information. Pursuant to Title V of the
Gramm-Leach Bliley Act (“GLBA”) and other Federal and state laws and regulations applicable to financial institutions, consumers
have the right to limit some, but not all sharing of their personal information. Please read this Notice carefully to understand how
Stewart uses your personal information.
The types of personal information Stewart collects, and shares depends on the product or service you have requested.
Stewart may collect the following categories of personal and financial information from you throughout your transaction:
1. Identifiers: Real name, alias, online IP address if accessing company websites, email address, account name, unique online
identifier, or other similar identifiers.
2. Demographic Information: Marital status, gender, date of birth.
3. Personal Information and Personal Financial Information: Full name, signature, social security number, address, driver’s
license number, passport number, telephone number, insurance policy number, education, employment, employment history,
bank account number, credit card number, debit card number, credit reports, or any other information necessary to complete
the transaction.
Stewart may collect personal information about you from:
1. Publicly available information from government records.
2. Information we receive directly from you or your agent(s), such as your lender or real estate broker.
3. Information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or
through others.
Stewart may use your personal information for the following purposes:
1. To provide products and services to you in connection with a transaction.
2. To improve our products and services.
3. To communicate with you about our affiliates’, and others’ products and services, jointly or independently.
Stewart may use or disclose the personal information we collect for one or more of the following purposes:
To fulfill or meet the reason for which the information is provided.
To provide, support, personalize, and develop our website, products, and services.
To create, maintain, customize, and secure your account with Stewart.
To process your requests, purchases, transactions, and payments and prevent transactional fraud.
To prevent and/or process claims.
To assist third party vendors/service providers who complete transactions or perform services on Stewart’s behalf pursuant to
valid service provider agreements.
As necessary or appropriate to protect the rights, property or safety of Stewart, our customers, or others.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor
and improve our responses.
To help maintain the safety, security, and integrity of our website, products and services, databases and other technology-
based assets, and business.
To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations.
Auditing for compliance with federal and state laws, rules, and regulations.
Performing services including maintaining or servicing accounts, providing customer service, processing, or fulfilling orders
and transactions, verifying customer information, processing payments.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all
our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal
information held by us is among the assets transferred.
Page 26 of 187
File No.: 2314936 Updated 08/24/2023
Stewart will not collect additional categories of personal information or use the personal information we collected for materially
different, unrelated, or incompatible purposes without providing you notice.
Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties
Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you
have designated as your agent throughout the course of your transaction (for example, your realtor, broker, or a lender). Stewart
may disclose your personal information to non-affiliated third-party service providers and vendors to render services to complete
your transaction.
We share your personal information with the following categories of third parties:
Non-affiliated service providers and vendors we contract with to render specific services (For example, search companies,
mobile notaries, and companies providing credit/debit card processing, billing, shipping, repair, customer service, auditing,
marketing, etc.)
To enable Stewart to prevent criminal activity, fraud, material misrepresentation, or nondisclosure.
Stewart’s affiliated and subsidiary companies.
Parties involved in litigation and attorneys, as required by law.
Financial rating organizations, rating bureaus and trade associations, taxing authorities, if required in the transaction.
Federal and State Regulators, law enforcement and other government entities to law enforcement or authorities in connection
with an investigation, or in response to a subpoena or court order.
The law does not require your prior authorization or consent and does not allow you to restrict the disclosures described above.
Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such
disclosure. We do not otherwise share your Personal Information or browsing information with non-affiliated third parties, except as
required or permitted by law.
Right to Limit Use of Your Personal Information
You have the right to opt-out of sharing of your personal information among our affiliates to directly market to you. To opt-out of sharing
your information with affiliates for direct marketing, you may send an “opt out” request to OptOut@stewart.com, or contact us through
other available methods provided under “Contact Information” in this Notice. We do not share your Personal Information with
nonaffiliates for their use to directly market to you without your consent.
How Stewart Protects Your Personal Information
Stewart maintains physical, technical, and administrative safeguards and policies to protect your personal information.
Contact Information
If you have specific questions or comments about this Notice, the ways in which Stewart collects and uses your information described
herein, or your choices and rights regarding such use, please do not hesitate to contact us at:
Phone: Toll Free at 1-866-571-9270
Email: Privacyrequest@stewart.com
Postal Address: Stewart Information Services Corporation
Attn: Mary Thomas, Chief Compliance and Regulatory Officer
1360 Post Oak Blvd., Ste. 100, MC #14-1
Houston, TX 77056
Page 27 of 187
File No.: 2314936 Updated 08/24/2023
Effective Date: January 1, 2020
Updated: August 24, 2023
STEWART INFORMATION SERVICES CORPORATION
PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
Stewart Information Services Corporation and its affiliates and majority-owned subsidiary companies (collectively, “Stewart,” “our,” or “we”) respect and
are committed to protecting your privacy. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act of
2020 (“CPRA”), we are providing this Privacy Notice (“CCPA Notice”). This CCPA Notice explains how we collect, use, and disclose personal
information, when and to whom we disclose such information, and the rights you, as a California resident have regarding your Personal Information.
This CCPA Notice supplements the information contained in Stewart’s existing privacy notice and applies solely to all visitors, users, consumers, and
others who reside in the State of California or are considered California Residents as defined in the CCPA (“consumers” or “you”). All terms defined in
the CCPA & CPRA have the same meaning when used in this Notice.
Personal and Sensitive Personal Information Stewart Collects
Stewart has collected the following categories of personal and sensitive personal information from consumers within the last twelve (12) months:
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name,
Social Security number, driver's license number, passport number, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social
Security number, address, telephone number, passport number, driver's license or state identification card number, insurance policy number,
education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information.
C. Protected classification characteristics under California or federal law. Age, race, color, ancestry, national origin, citizenship, marital status,
sex (including gender, gender identity, gender expression), veteran or military status.
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or
consuming histories or tendencies.
E. Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application, or
advertisement.
F. Geolocation data
Stewart obtains the categories of personal and sensitive information listed above from the following categories of sources:
Directly and indirectly from customers, their designees, or their agents (For example, realtors, lenders, attorneys, brokers, etc.)
Directly and indirectly from activity on Stewart’s website or other applications.
From third parties that interact with Stewart in connection with the services we provide.
Use of Personal and Sensitive Personal Information
Stewart may use or disclose the personal or sensitive information we collect for one or more of the following purposes:
a. To fulfill or meet the reason for which the information is provided.
b. To provide, support, personalize, and develop our website, products, and services.
c. To create, maintain, customize, and secure your account with Stewart.
d. To process your requests, purchases, transactions, and payments and prevent transactional fraud.
e. To prevent and/or process claims.
f. To assist third party vendors/service providers who complete transactions or perform services on Stewart’s behalf pursuant to valid service
provider agreements.
g. As necessary or appropriate to protect the rights, property or safety of Stewart, our customers, or others.
h. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve
our responses.
i.To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted
offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law).
j. To help maintain the safety, security, and integrity of our website, products and services, databases and other technology-based assets, and
business.
k. To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations.
l. Auditing for compliance with federal and state laws, rules, and regulations.
m. Performing services including maintaining or servicing accounts, providing customer service, processing, or fulfilling orders and transactions,
verifying customer information, processing payments, providing advertising or marketing services or other similar services.
n. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets,
whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the
assets transferred.
Page 28 of 187
File No.: 2314936 Updated 08/24/2023
Stewart will not collect additional categories of personal or sensitive information or use the personal or sensitive information we collected for
materially different, unrelated, or incompatible purposes without providing you notice.
Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties
Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated
as your agent throughout the course of your transaction (for example, a realtor, broker, or a lender).
We share your personal information with the following categories of third parties:
a. Service providers and vendors we contract with to render specific services (For example, search companies, mobile notaries, and companies
providing credit/debit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.)
b. Affiliated Companies.
c. Parties involved in litigation and attorneys, as required by law.
d. Financial rating organizations, rating bureaus and trade associations.
e. Federal and State Regulators, law enforcement and other government entities
In the preceding twelve (12) months, Stewart has disclosed the following categories of personal information:
Category A: Identifiers
Category B: California Customer Records personal information categories
Category C: Protected classification characteristics under California or federal law
Category D: Commercial Information
Category E: Internet or other similar network activity
Category F: Non-public education information
A. Your Consumer Rights and Choices Under CCPA and CPRA
The CCPA and CPRA provide consumers (California residents as defined in the CCPA) with specific rights regarding their personal information.
This section describes your rights and explains how to exercise those rights.
i. Access to Specific Information and Data Portability Rights
You have the right to request that Stewart disclose certain information to you about our collection and use of your personal information over the
past 12 months. Once we receive and confirm your verifiable consumer request, Stewart will disclose to you:
The categories of personal information Stewart collected about you.
The categories of sources for the personal information Stewart collected about you.
Stewart’s business or commercial purpose for collecting that personal information.
The categories of third parties with whom Stewart shares that personal information.
The specific pieces of personal information Stewart collected about you (also called a data portability request).
If Stewart disclosed your personal data for a business purpose, a listing identifying the personal information categories that each category of
recipient obtained.
ii. Deletion Request Rights
You have the right to request that Stewart delete any personal information we collected from you and retained, subject to certain exceptions. Once
we receive and confirm your verifiable consumer request, Stewart will delete (and direct our service providers to delete) your personal information
from our records, unless an exception applies.
Stewart may deny your deletion request if retaining the information is necessary for us or our service providers to:
1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions
reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics
and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you
previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
iii. Opt-Out of Information Sharing and Selling
Stewart does not share or sell information to third parties, as the terms are defined under the CCPA and CPRA. Stewart only shares your personal
information as commercially necessary and in accordance with this CCPA Notice.
iv. Correction of Inaccurate Information
You have the right to request that Stewart correct any inaccurate information maintained about.
Page 29 of 187
File No.: 2314936 Updated 08/24/2023
v. Limit the Use of Sensitive Personal Information
You have the right to limit how your sensitive personal information, as defined in the CCPA and CPRA is disclosed or shared with third parties.
Exercising Your Rights Under CCPA and CPRA
If you have questions or comments about this notice, the ways in which Stewart collects and uses your information described herein, your choices and
rights regarding such use, or wish to exercise your rights under California law, please submit a verifiable consumer request to us by the available
means provided below:
1. Emailing us at OptOut@stewart.com; or
2. Visiting https://www.stewart.com/en/quick-links/ccpa-request.html
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may
also make a verifiable consumer request on behalf of your minor child, if applicable.
To designate an authorized agent, please contact Stewart through one of the methods mentioned above.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an
authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Stewart cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and
confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with Stewart.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days),
we will inform you of the reason and extension period in writing.
A written response will be delivered by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also
explain the reasons we cannot comply with a request, if applicable.
Stewart does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If
we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your
request.
Non-Discrimination
Stewart will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you a different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Record Retention
Your personal information will not be kept for longer than is necessary for the business purpose for which it is collected and processed. We will retain
your personal information and records based on established record retention policies pursuant to California law and in compliance with all federal and
state retention obligations. Additionally, we will retain your personal information to comply with applicable laws, regulations, and legal processes (such
as responding to subpoenas or court orders), and to respond to legal claims, resolve disputes, and comply with legal or regulatory recordkeeping
requirements.
Changes to This CCPA Notice
Stewart reserves the right to amend this CCPA Notice at our discretion and at any time. When we make changes to this CCPA Notice, we will post the
updated Notice on Stewart’s website and update the Notice’s effective date.
Link to Privacy Notice
https://www.stewart.com/en/privacy.html
Contact Information
Stewart Information Services Corporation
Attn: Mary Thomas, Chief Compliance and Regulatory Officer
1360 Post Oak Blvd., Ste. 100, MC #14-1
Houston, TX 77056
Page 30 of 187
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Page 45 of 187
Page 46 of 187
Affidavit of Mailing
In regards to MF# PP2024-006
I, Carmen Patrick, hereby confirm that notification was sent by mail September 23, 2024 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 23rd day , September of 2024 .
Representative's Signature
Page 47 of 187
Page 48 of 187
ity of sco Community De\elopment Depa 1t ment
PO Box 293,525 N 3 "Ave, Pase.a , WA 99301
P 509 545 .3 441 / F: 509 545 .3499
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.
Proposal: Nathan Machiela , on behalf of Story Fam i ly Five , has submitted a Preliminary Plat (PP 2024-006)
for a 71 -lot subdivision on approximately 6.29 acres located on Parcel #s 113 -460-160, 113 -460 -161, and
113-460-162 . Said property is located east of N 4th Avenue at the end of W Pearl Street, 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 October 9, 2024, to be included in the Hearing Examiner packet . If you have
questions on the proposal , contact the Plann i ng Division at (509) 905 -2604 or via e-mail to :
hat t oria@pasco -wa .gov .
Open Record Hearing: The Hearing Examiner will conduct the open record hearing at 6:00 p.m . on
October 9, 2024 in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco , Washington .
The Hearing Examiner will consider public testimony concerning the above application at this meeting.
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/pub li ccom men t
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) days of the public hearing .
Prepared 23 September 2024 by: Andrew Hattori, Assoc iate Planner , PO Box 293 Pasco , WA 99301 (509)
905-2604
Th e City of Pasco we lco mes full pa rt icipa ti on in pu bli c mee tin gs by all ci tizens. No qua lifi ed ind ivi du al with a disa bility sha ll be
exc lud ed or denied th e bene fit of parti cip ating in such mee t ings. If yo u wis h to use auxili ary aids o r req uire ass istance to co mm ent
at th is publ ic meeting , pl ease co nt act th e Commun ity Deve lopm ent Depart ment at (509) 545-3441 or TDD (509) 585 -4425 at leas t
ten days pr io r to th e date of th e mee tin g to make arr ange ments for spec ial needs .
Page 49 of 187
WP EARL ST
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1\ME ADDRESS CITY STATE ZIP
JH COMMERCIAL VENTURES LLC 4520 W WERNETT RD PASCO WA 99301
)SE D PRADA NUNEZ (ETUX ) 8411 QUEENSBURY DR PASCO WA 99301
~AMAR FAMILY INVESTMENTS LLC 4920 HERSHEY LN WEST RICHLAND WA 99353
)USING AUTHORITY-PASCO & FRAN 2505 W LEW IS ST PASCO WA 99301
TY OF PASCO-A . HATTORI PO BOX 293 PASCO WA 99301
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AFFIDAVIT OF PUBLICATION
Account #Order Number Identification Order PO Amount Cols Depth
14026 595593 Print Legal Ad-IPL01957410 - IPL0195741 PP 2024-006 Crossings at $198.39 1 66 L
Debra BarhamAttention:
CITY OF PASCO/LEGALS
PO BOX 293
PASCO, WA 99301
accountspayable@pasco-wa.gov
COUNTY OF BENTON)
SS
STATE OF WASHINGTON)
Mary Castro, being duly sworn, deposes and says, I am
the Legals Clerk of The Tri-City Herald, a daily
newspaper. That said newspaper is a local newspaper
and has been approved as a legal newspaper by order of
the superior court in the county in which it is published
and it is now and has been for more than six months
prior to the date of the publications hereinafter referred
to, published continually as a daily newspaper in Benton
County, Washington. That the attached is a true copy as
it was printed in the regular and entire issue of the Tri-
City Herald and not in a supplement thereof, ran 1 time
(s) commencing on 09/25/2024, and ending on
09/25/2024 and that said newspaper was regularly
distributed to its subscribers during all of this period.
1 insertion(s) published on:
09/25/24
(Signature of Legals Clerk)
Sworn to and subscribed before me this 25th day
of September in the year of 2024
Notary Public in and for the state of Texas, residing in
Dallas County
Extra charge for lost or duplicate affidavits.
Legal document please do not destroy!Page 52 of 187
REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue – Council Chambers
Wednesday October 9,2024
6:00 PM
1
MASTER FILE #: SP 2024-014
APPLICANT: New Beginning church
c/o Ronald D. Houe
1717 W. Brown St
Pasco WA 99301
REQUEST: SPECIAL PERMIT: New Beginning Church in an “O” (Office) Zoning
District
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: The south 50’ of Lots 1 and 2, and all of Lot 7, Block 2, North Poplar Addition to Pasco.
General Location: 745 West Court Street (Parcels 113394257, 113394266, and 113394275)
Property Size: Approximately .64 acres (28,048.90 square feet)
2. ACCESS: The site has access from West Court Street and North 7th Avenue, as well as from a partially-
developed alley which bisects the proposed Special Permit site east-to-west, and dead-ends at a parking lot
to the east.
3. UTILITIES: The site is connected to water service from North 7th Avenue, and sewer service from the
alley which runs south of Lots 1 and 2 and north of Lot 7, of North Poplar Addition.
4. LAND USE AND ZONING: The south 50 feet of Lots 1 and 2 is zoned R-3 and is vacant; Lot 7 is zoned
“O” (Office) and developed with a commercial brick building. Surrounding properties are zoned and
developed as follows:
North: R-3 Residential Multi- Family
East: R-3 Residential Multi- Family
South: C-1 SFDUs
West: C-1 SFDUs; Multi-Family Residential
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for Medium-Density
Residential uses. The plan does not specifically address churches, but various elements of the plan address
locating businesses in appropriate locations for their anticipated uses. Land Use Policy LU-1-D states: “Land
uses should be permitted subject to adopted standards designed to mitigate land use impacts on adjacent,
less intensive uses, while preserving constitutionally protected forms of expression.” Land Use Policies LU-6-
A and LU-6-B direct the City to “Encourage commercial and higher-density residential uses along major
corridors and leverage infrastructure availability.”
Page 53 of 187
2
ANALYSIS
Proposal
Applicant Ronald D. Houe, on behalf of New Beginning Church wishes to operate a church facility in an existing
commercial brick structure located at 745 West Court Street. The site consists of three separate tax parcels
(Parcels 113394257, 113394266, and 113394275) under the same ownership. The project proposes to utilize
an existing commercial structure for a church.
Site
The 3-parcel site comprises approximately .64 acres and is developed with a 3,542-square-foot brick
commercial structure built in 1972. The site has direct access from both West Court Street and North 7th
Avenue.
A transit stop is located approximately 212 feet to the east.
Churches generally locate in or near residential neighborhoods. While the site in question is in a commercial
zoning district, it is surrounded by residential uses on all sides.
History
The site was annexed into the City in 1949 (Ordinance 649). The site was zoned R-3 (Medium-Density
Residential) until 1991 when the City Council approved Ordinance 2834 amending the zoning classification
for the parcel along West Court Street (Parcel 113394275) to “O” (Office). The space was used by Serra Care
Plasma Center beginning around 1996, and as Florian Thompson DMD dental office beginning around 2004.
From around 2008 to 2021 the property appears to have been abandoned. The property had been cited for
property maintenance issues repeatedly from 2004 through 2021.
A sign for Casa de Dios Puerta al Cielo Church seen on the south face of the building in a 2024 Google Earth
photo, indicates the use was changed to assembly; however, no building permit or business license
application was submitted nor obtained by this organization. The City received an application for New
Beginning Christian Community Church on August 28, 2024; this application was placed on “HOLD” pending
Special Permit review.
Discussion
Church facilities require Special Permit review in the “O” (Office) zoning district under the provisions of Pasco
Municipal Code (PMC) 25.80.040(2)
The footprint for the proposed church is 3,542 square feet with a worship area of approximately 1,836 square
feet. Per PMC 25.185.170(2) churches are required to have one space for four fixed seats based upon
maximum seating capacity or at least one space for every 10 lineal feet of bench seating, or places with no
fixed seating, one space for every 100 square feet of floor area. For an 1,836-square-foot worship area, 19
parking spaces would be required. There are no marked parking stalls on site; however, there is a 50’ X 170’
area to the rear of the building which appears to provide sufficient space for 19 on-site parking spaces.
Applicant would be required to stripe the parking area prior to occupancy. As mentioned above, the site has
access from a partially-developed alley which bisects the proposed Special Permit site east-to-west, and
dead-ends at a parking lot to the east. Parking will need to be located outside the alley right-of-way.
Per ITE Trip Generation Manual 11th edition Land Use Code (LUC) 720, the former use, Medical/Dental office
could have generated an average of 13.74 weekday AM peak-hour trips (3.74 per 1,000 sq ft); Per ITE Trip
Generation Manual 11th edition LUC 560, the proposed church use could generate a projected 36.7 Sunday
trips (10.36 Sunday trips per 1,000 square feet), or approximately 23.45 new trips; however, this would not
be an apples to apples comparison as Sunday traffic is typically lower than weekday traffic. As such, the
weekdays impact on the surrounding nearby roadways and intersections should be minor.
Page 54 of 187
3
INITIAL 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 in the
Tri-City Herald on September 16, 2024.
2. Applicant wishes to operate a church facility at 745 West Court Street.
3. The site consists of three separate tax parcels (Parcels 113394257, 113394266, and 113394275).
4. The project proposes to utilize an existing commercial structure for a church.
5. The 3-parcel site is approximately .64 acres (28,048.90 square feet).
6. The site is developed with a 3,542-square-foot brick commercial structure built in 1972.
7. The site has direct access from both West Court Street and North 7th Avenue.
8. A transit stop is located approximately 212 feet to the east.
9. Churches generally locate in or near residential neighborhoods.
10. The site is surrounded by residential uses on all sides.
11. The site was annexed into the City of Pasco in 1949 (Ordinance 649).
12. The site was zoned R-3 (Medium-Density Residential) prior to 1991
13. The site was rezoned to “O” (Office) in 1991 (Ordinance 2834).
14. The site was used by a Plasma Center beginning around 1996.
15. The site was used as a dental office beginning around 2004.
16. The site appears to have been abandoned from around 2008 to 2021.
17. The site was cited for property maintenance issues repeatedly from 2004 through 2021.
18. A church may have used the site in or around 2024 without building permit or business license.
19. New Beginning Christian Community Church applied for a business license on August 28, 2024.
20. The New Beginning application was placed on “HOLD” pending Special Permit review.
21. Church facilities require Special Permit review in the “O” (Office) zoning district under the provisions
of Pasco Municipal Code (PMC) 25.80.040(2).
22. The total building footprint for the proposed church is around 3,542 square feet; the worship area is
approximately 1,836 square feet.
23. Per PMC 25.185.170(2) churches are required to have one space for four fixed seats based upon
maximum seating capacity or at least one space for every 10 lineal feet of bench seating, or places
with no fixed seating, one parking space for every 100 square feet of floor area.
24. Nineteen parking spaces would be required for an 1,836-square-foot worship area.
25. There is a 50’ X 170’ area to the rear of the building which appears to provide sufficient space for 19
on-site parking spaces.
Page 55 of 187
4
26. Applicant would be required to stripe the parking area prior to occupancy.
27. Per ITE Trip Generation Manual 11th edition (LUC 560), churches generate approximately 31.46
Sunday trips per 1,000 square feet.
28. An 1,836-square-foot worship area would generate approximately 57.76 Sunday trips.
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 25.200.080 and 25.200.100) therefrom as to whether or not:
1. Will the proposed use be in accordance with the goals, policies, objectives and text of the
Comprehensive Plan?
The Comprehensive Plan indicates the site is intended for Medium-Density Residential uses. The plan does not
specifically address churches, but various elements of the plan address locating businesses in appropriate
areas for their anticipated uses. Land Use Policy LU-1-D states: “Land uses should be permitted subject to
adopted standards designed to mitigate land use impacts on adjacent, less intensive uses, while preserving
constitutionally protected forms of expression.”
2. Will the proposed use adversely affect public infrastructure?
The building is located along an arterial street in an area that is fully served by all City utilities. Public
infrastructure was designed to serve the demands of commercial activities. The church facility use of the
property might increase water usage slightly.
3. Will the proposed use be constructed, maintained, and operated to be in harmony with existing or
intended character of the general vicinity?
The proposal would use an existing commercial structure and parking area; the existing/intended character
of the general vicinity is a mix of commercial and multi-family residential uses along an arterial street. The
facility would be required to operate in a professional manner compatible with surrounding uses, taking
responsibility for day-to-day facility repairs and ongoing maintenance, security, and upkeep of the property.
4. Will the location and height of proposed structures and the site design discourage the development
of permitted uses on property in the general vicinity or impair the value thereof?
The surrounding area is fully developed with multi-family uses. The proposal involves utilizing an existing
building; the location and height of the building will not change.
5. Will the operations in connection with the proposal be more objectionable to nearby properties by
reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any
permitted uses within the district?
The site is surrounded by multi-family uses; as well, many allowed office uses are functionally analogous to
the proposed church use.
6. Will the proposed use endanger the public health or safety if located and developed where proposed,
or in any way will become a nuisance to uses permitted in the district?
Church facility uses typically do not endangered public health. The proposed use does not involve the
manufacture, production or sale of any product that could endanger the public or become a nuisance.
PROPOSED APPROVAL CONDITIONS
Page 56 of 187
5
1) The special permit shall apply to Parcels 113394257, 113394266, and 113394275.
2) The facility shall operate in a professional manner, including day-to-day facility repairs and
ongoing maintenance, security, and upkeep of the property.
3) Maximum building capacity shall be based on current International Fire Code (IFC) fire rating, as
approved by the City of Pasco. Increased capacity shall require improvements meeting City-
adopted IFC standards.
4) Off-street parking shall be required per PMC 25.185.170(1) and PMC 25.185.170(2). The parking
area shall be striped prior to issuance of a Business License/Occupancy Permit.
5) Applicant shall commence the special use authorized or obtain a building permit for construction
of authorized facilities within one year of Special Permit approval, or the special permit shall
expire.
6) This special permit shall be administratively reviewed in two years from the date of approval for
issues associated with parking, noise, and compatibility with surrounding uses.
RECOMMENDATION
Staff recommends approval of a church facility to be located on the south 50’ of Lots 1 and 2, and all of Lot
7, Block 2, North Poplar Addition to Pasco, at 745 West Court Street (Parcels 113394257, 113394266, and
113394275) in an “O” (Office) district with conditions as set forth herein.
Page 57 of 187
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Affidavit of Mailing
In regards to MF# SP2024-014
I, Carmen Patrick, hereby confirm that notification was sent by mail September 162, 2024 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 16th day, September of 2024.
Representative's Signature
Page 73 of 187
Community De\ lopment DPpartment
PO Box 293,525 N 3 Ave, Pasco WA 99301
P 509 545 3441 / F. 509.545.3499
CITY OF PASCO
NOTICE OF PUBLIC HEARING
Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor llame al Departamento de
Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441.
PLEASE TAKE NOTICE that the Pasco Hearing Examiner will hold a public hearing at 6:00 p.m., Wednesday, October
9, 2024 to consider a Special Permit application (SP 2024-014) to locate a Church in an existing building on Lot 7,
Block 2 of North Poplar Addition to Pasco at 745 West Court Street in Pasco, WA, 99301 (Parcels 113394257,
113394266, and 113394275). The proposal is subject to regulations contained in the Pasco Municipal Code.
Location: The site is located at 745 West Court Street in Pasco, Franklin County, WA.
Legal Description: Lot 7, Block 2 of North Poplar Addition to Pasco.
THEREFORE, LET ALL CONCERNED TAKE NOTICE that a Public Hearing will be held by the Hearing Examiner of the
City of Pasco, Washington, in the City Council Chambers, Pasco City Hall, 525 N 3rd Ave at the hour of 6:00 p.m.,
Wednesday, October 9, 2024, so that all concerned may appear and present any objections or support for the Special
Permit Application. 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 virtually in the hearing, 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.
Public Comment Period: Written comments submitted to the Community Development Department by 5:00 p.m.
on Wednesday, October 2, 2024 will be included in the Hearing Examiner's meeting packet. You may also submit
comments at the Hearing Examiner meeting advertised above. Prepared September 16, 2024, 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 as sistance 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.
Page 74 of 187
Vicinitv .., Map
Feet Item: Special Permit -Church in an "O" Zoning District i\pplicant(s): Ronald Houf c/o Ne,v Beginning Church File#: SP 2024-014
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,ME ADDRESS CITY STATE ZIP
ION MESA & GLORIA MESA TORRES 2411 E GEORGE ST PASCO WA 99301
\RIA C HEURING 5810 PIERRE DR PASCO WA 99301
�ROLD & CAROLYN HA YES 738 W COURT ST PASCO WA 99301
CAH LEE WOMACK (ETUX) 742 W COURT ST PASCO WA 99301
ffURO & MARIA G AVILA 746 W COURT ST PASCO WA 99301
IIS & MARIA RAMOS 719 W BROWN ST PASCO WA 99301
IPE & NORAELIA BENAVIDEZ PO BOX 5339 PASCO WA 99302
>SE C REYES (ETAL)PO BOX 3172 PASCO WA 99302
,L VADOR CORONA 737 W BROWN ST PASCO WA 99301
�EGORY W (TR) WYATT 1405 N 7TH AVE PASCO WA 99301
{I-CITIES COMMUNITY HEAL TH PO BOX 1452 PASCO WA 99301
:NTON FRANKLIN COMMUNITY ACTI 720 W COURT ST PASCO WA 99301
>SE MIGUEL RAMIREZ (ETAL)917 W RUBY ST PASCO WA 99301
JTONIO & PATRICIA TREJO 2012 N ROAD 35 PASCO WA 99301
.ICIA CRUZ 907 W RUBY ST PASCO WA 99301
>SE FELIPE GARIBAY UVALLE 903 W RUBY ST PASCO WA 99301
�GEL O GARCIA ALVAREZ (ETUX)4604 W OCTAVE ST PASCO WA 99301
:SUS VERA ACEVEDO PO BOX 2881 PASCO WA 99302
�NOLDO SITAL (ETAL)4825 BERMUDA DUNES DR PASCO WA 99301
)SE CHAVEZ GARCIA (ETAL)10113 W COURT ST PASCO WA 99301
SSATA SIDIBE 99302 E SIDIBE PR SE KENNEWICK WA 99338
/\RIA R (ETAL) SANCHEZ 920 W RUBY ST PASCO WA 99301
�I-CITIES COMMUNITY HEAL TH 800 W COURT ST Pasco WA 99301 -4175
;ILE PROPERTY HOLDINGS LLC 3114 S EVERETT PL KENNEWICK WA 99337
ES MATIAS 74104 N SR 225 BENTON CITY WA 99320
\SH INVESTMENTS LLC 5218 W LIVINGSTON RD PASCO WA 99301
AN & MELISSA BARRAZA 6703 EAGLE CREST DR PASCO WA 99301
,TELA TORRES 1515 N 7TH AVE PASCO WA 99301
N LAND & CATTLE 2699 N ROAD 68 PASCO WA 99301
\G INVESTMENTS LLC 12910 SE 44TH CT BELLEVUE WA 98006
:FF ADAMS 620 BIRCH AVE RICHLAND WA 99352
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REPORT TO THE HEARING EXAMINER
City Hall – 525 North Third Avenue – Council Chambers
WEDNESDAY, 9 October 2024
6:00 PM
1
MASTER FILE #: SP 2024-015
APPLICANT: Mauricio Palen, for Angela Brown of Marathon Petroleum
646 Vermont St Suite 200
Lawrence, KS 66044
REQUEST: Special Permit: Construction and use of a butane blending facility
at an existing petroleum product storage and transmission facility.
Timeline:
22 August 2024 Application Submitted
22 August 2024 Application Deemed Complete
25 September 2024 Application Noticed for Public Hearing
2 October 2024 Public Hearing Staff Report Published
BACKGROUND
1) PROPERTY DESCRIPTION:
Abbreviated Legal: TRACT 2-A PTN SW4 35-9-30 SEE ASSESSOR CARD FOR DESCRIPTION LESS GAS
LINE EASE (26600)
General Location: Parcel # 112-580-020, Pasco, WA 99301
Property Size: 5.78 Acres
2) ACCESS: The site is accessed from Sacajawea Park Road.
3) UTILITIES: Municipal water is available within the Sacajawea Park Road frontage, municipal sewer is
available in Sacajawea Park Road approximately 2,200 feet to the southwest.
4) LAND USE AND ZONING: The property is zoned I-2 (Medium Industrial) and is currently developed with
a petroleum product storage and transmission facility. Surrounding properties are zoned and developed
as follows:
North: I-2 Medium Industrial/Undeveloped Land
East: I-2 Medium Industrial/Extension of Subject Facility
South: I-2 Medium Industrial/Extension of Subject Facility and Columbia River
West: I-2 Medium Industrial/Undeveloped Land
5) COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as “Industrial”. The Industrial
designation allows for I-1, I-2, and I-3 zoning; development may be manufacturing, food processing,
storage and wholesale distribution of equipment and products, hazardous material storage, and
Page 77 of 187
2
transportation related facilities.
6) ENVIRONMENTAL DETERMINATION: The City of Pasco (City) is the SEPA lead agency for this project.
Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations,
and other information, a threshold determination resulting in a Mitigated Determination of Non-
Significance (MDNS) was issued on September 12th, 2024, for this project under WAC 197-11-355.
7) EXHIBITS:
1) Special Permit Application – Applicant Submittal
2) Permit Drawings – Applicant Submittal
3) Overview Map – City of Pasco
4) Vicinity Map – City of Pasco
5) Zoning Map – City of Pasco
6) Comprehensive Plan Map – City of Pasco
7) Site Photos – City of Pasco
8) SEPA Determination – City of Pasco
9) Affidavit of Mailing – City of Pasco
BACKGROUND
Request
Applicant proposes to construct and operate a Butane Blending Facility at a site with an existing petroleum
product storage and transmission facility. The proposal involves the installation of a single 60,000-gallon
butane storage tank, one truck butane offload station, a single butane pump and consolidated butane
injection skid with three injection lines. The scope includes associated equipment foundations, pipe supports
and piping for the new butane blending system.
Site
The site is mostly developed, areas not covered by structures have been graded and covered with gravel.
Those lands outside of the permitter of the facility but on the same parcel are undeveloped and contain
native vegetation. The proposal is located within the areas that have been cleared, graded, and graveled. The
Snake River is located approximately 900 feet to the southeast of the projects site, the site is located outside
of any shorelines of the state and this specific proposal is not subject to the City’s Shoreline Management
Plan’s requirements for Substantial Development Permits.
History
The site has historically been used as a petroleum product storage and transmission facility, records and
building permits related to the construction and operation are scarce within both City of Pasco and Franklin
County’s record systems. Earliest documents indicate operations back to 1985, however, it is believed the
site has been operating for decades before.
STAFF FINDINGS OF FACT
1) An application for the proposal was submitted on August 22, 2024. The application was deemed complete
on August 22, 2024.
2) Notice of the public hearing was sent to property owners within 300 feet of the subject property and
published in the Tri-City Herald newspaper on September 25, 2024.
3) The proposal is located on Parcel 112-580-020 Pasco, WA.
4) The site is zoned I-2 Medium Industrial.
Page 78 of 187
3
5) The site has historically been used as a petroleum product storage and transmission facility.
6) The surrounding lands are either undeveloped or contain extensions of the existing use.
7) Per PMC 25.120.040 Permitted Conditional Uses:
(8) Petroleum or petroleum products refining
8) Conditional Uses require special permit review and approval under PMC 25.200 Special Permits.
9) The applicant proposes to site and operate a butane blending structure to their existing facilities.
10) The proposal includes a 60,000-gallon pressure vessel for butane storage, one struck butane offload
station, a single butane pump and consolidated butane injection skid with three injection lines.
TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT
As per PMC 25.200.080, Upon conclusion of the open record hearing, the Hearing Examiner shall make and
enter findings from the record and conclusions thereof as to whether or not:
(1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the
Comprehensive Plan;
Per The Comprehensive Plan designates this site as “Industrial.” The Industrial land use designation allows for
the I-1, I-2, and I-3 zoning designations. Applicable goals and policies of the Comprehensive Plan include, but
are not limited to:
• Economic Development Policy ED-2-B: Encourage development of a wide range of commercial and
industrial uses strategically located near major transportation corridors or facilities and in close
proximity to existing or proposed utility infrastructure while supporting local and regional needs.
The proposal is located on Sacajawea Park Road, while classified as a local access road, the subject
site is approximately 0.3 miles from US Route 12 East.
• Economic Development Policy ED-2-C: Continue to pursue the development of existing industrially
zoned properties that may be serviced by existing or planned utilities. The proposal is located
entirely on a developed site that already is serviced by some municipal utilities.
• Land Use Policy LU-6-E: Support the Growth Management Act’s goal to encourage growth,
including industrial growth, in urban areas. The proposal would be an expansion to an existing use
within a rapidly growing industrial area.
(2) The proposal will adversely affect public infrastructure;
The public access road adjacent to the site, Sacajawea Park Road, services many nearby industrial uses, and
is connected to S Road 40 East. The proposal anticipates between 0 – 3 truck trips per day and is not
anticipated to adversely affect the existing road network. The proposal is also not anticipated to adversely
effect existing utilities in the area.
(3) The proposal will be constructed, maintained and operated to be in harmony with the existing or
intended character of the general vicinity;
The properties in the general vicinity are undeveloped. The closest developed properties include 0.4 miles to
the east including a residential mobile home park and a large industrial storage facility. Aside from the mobile
home park, properties within a mile radius of the proposal are industrial in use and design.
(4) The location and height of proposed structures and the site design will discourage the development of
permitted uses on property in the general vicinity or impair the value thereof;
The tallest structure included in the proposal is the 60,000 gallon butane tank at 25 feet and is located in both
industrial zoning and land use. This structure is shorter than existing structures on the site and is not
anticipated to impact development within the area.
Page 79 of 187
4
(5) The operations in connection with the proposal will be more objectionable to nearby properties by
reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any
permitted uses within the district;
Per PMC 25.120.020 Permitted Uses:
“(1) All uses not otherwise prohibited by law, but no residential building shall be permitted; and”
Due to the allowances provided within the permitted use and the limited nature of the petroleum related
activities involved in the proposal, it is not anticipated that the proposal will be any more objectionable to
nearby properties than the uses permitted within the I-2 zoning district.
(6) The proposal will endanger the public health or safety if located and developed where proposed, or in
any way will become a nuisance to uses permitted in the district.
The proposal is required to comply with all federal, state and local building and fire codes as well as adhere
to PMC including provisions such as the outdoor lighting and noise ordinances. If there were to be violations
to these codes then code cases and remediating steps will be issued and undertaken. Additionally, the use will
be subject to periodic reviews for compliance with conditions imposed under the special permit, PMC, and
code violation history at which point the special permit for the use may be revoked.
APPROVAL CONDITIONS
1) The special permit shall apply to Parcel # 112-580-020, and any subsequent subdivision(s) thereof.
2) The property shall be developed in substantial conformity with the elevations and site plan submitted
with the application.
RECOMMENDATION
Staff recommends approval of a Special Permit for the construction of a new butane blending facility located
on Parcel # 112-580-020with conditions as herein proposed.
Page 80 of 187
Community & Economic Development Department Fee: $625
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
Updated April 2019
CITY OF PASCO
SPECIAL PERMIT APPLICATION
GENERAL PROVISIONS: Unclassified uses enumerated in Section 25.86.020 (listed below), conditional
uses listed within each zoning district, and any other uses specifically referred to this chapter shall be
subject to the regulations contained in this chapter, in addition to all applicable requirements of this
Title.
UNCLASSIFIED USES:
1. High schools, colleges, universities, vocational schools, business colleges and other similar
academic or skills training facilities or institutions not heretofore permitted within any
district;
2. Cemeteries, crematories, mausoleums, and other places of burial or interment of remains;
3. Churches;
4. Community service facilities, as defined in Sections 25.12.155 and 25.12.156;
5. Airports, heliports, or any other landing or maneuvering space for aircraft, together with
terminals and other customary facilities accessory to the unclassified use;
6. Golf courses, pitch and putt courses, miniature golf courses, water parks, sports
complexes, riding stables, and similar facilities for public, private or membership use;
7. Monasteries, convents or other functionally similar facilities;
8. Landfills, garbage dumps, and resource recovery facilities;
9. Off-site parking lots, except those required for a residential use, provided such parking
area is not more than five hundred feet from the building;
10. Electrical substations and load transfer stations, natural gas booster stations, and other
similar utility facilities;
11. Park and ride lots, off-street transfer stations or other similar facility involving the storage,
start-up, idling and movement of public or private operated carrier, charter or transit
buses, vans, and similar vehicles; and
12. Agricultural use (commercial) except in areas 1,000 feet from a residential zoning district,
subdivision or dwelling unit.
REQUIREMENTS:
1. Fee of $625 ($500 application fee + $75 SEPA fee + $50 radius notification)
2. Completed SEPA form
3. A site map or plan drawn neatly and to scale, showing the following:
a. Exterior property lines and any adjacent public street or alley rights-of-way
b. Existing and proposed buildings and other structures.
c. Existing and proposed points of ingress and egress, drives and driveways and
circulation pattern.
Page 81 of 187
d. The location of existing and proposed parking areas with each parking space shown.
e. Existing and proposed open spaces and landscape areas.
4. The property owner’s notarized signature acknowledging the application
PUBLIC HEARING: Upon the filing of a complete application for a special permit, the application shall
be scheduled for an open record hearing before the Hearing Examiner. Notice of such open record
hearing shall be given as provided for in PMC 25.210.040, except that in the case of commercial
agricultural uses, the notification distance shall be increased to 1,000 feet. The open record hearing
may be continued as deemed necessary by the Hearing Examiner, provided the applicant consents to
any such continuance. In the event the applicant does not consent to a continuance, the Hearing
Examiner shall close the public hearing and render a decision in accordance with the provisions of
PMC 25.200.080 and 25.200.100.
Upon conclusion of the open record hearing, the Hearing Examiner shall make and enter findings from
the record and conclusions thereof as to whether or not:
1. The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of
the Comprehensive Plan;
2. The proposal will adversely affect public infrastructure;
3. The proposal will be constructed, maintained and operated to be in harmony with the existing
or intended character of the general vicinity;
4. The location and height of proposed structures and the site design will discourage the
development of permitted uses on property in the general vicinity or impair the value thereof;
5. The operations in connection with the proposal will be more objectionable to nearby
properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be
the operation of any permitted uses within the district; and
6. The proposal will endanger the public health, or safety if located and developed where
proposed, or in any way will become a nuisance to uses permitted in the district.
SHOPS / GARAGES: The Hearing Examiner shall consider the following for special permits dealing with
increased heights and/or floor area for detached shops and garages:
1. Will the shop/garage match the principle structure in design and exterior treatments such as
roofing materials, siding, color, window and door openings, eave overhangs, fenestrations and
other architectural features?
2. Will the existing topography and elevation of the site and surrounding property exacerbate or
attenuate the height of the proposed shop/garage?
3. Will the proposal include landscaping features or berms to ameliorate the height and/or floor
area of the shop/garage?
4. Will the shop/garage be erected on the property utilizing minimum setbacks?
5. Is the site larger than the minimum lot size requirement for the zoning district?
REVOCATION OF PERMIT: Any special permit may be revoked by the Hearing Examiner if, after a
public hearing, notice of which shall be given in accordance with PMC 25.210.040, it is found that the
conditions upon which the special permit was authorized have not been fulfilled or if the use
authorized has changed in size, scope, nature or intensity so as to become a detriment to the
surrounding area.
Page 82 of 187
Community & Economic Development Department Fee: $625
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
Updated April 2019
CITY OF PASCO
SPECIAL PERMIT APPLICATION
Master File # ______________ Date Submitted: ______________
Applicant Info Owner Info
(if different than applicant)
Name:
Name:
Address:
Address:
Phone:
Phone:
Email: Email:
Project Address: _____________________________________________________________________
Project Parcel Number: _______________________________________________________________
Current Zoning: _____________________________________________________________________
Source of domestic water: _____________________________________________________________
Method of sewage disposal: ___________________________________________________________
Present use of the land and structure(s) if any: ____________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Page 83 of 187
Please describe any existing violations of the zoning ordinance upon the property: _______________
__________________________________________________________________________________
__________________________________________________________________________________
Give a detailed description of the proposed use that requires a special permit (attach separate sheet if
more space is necessary): ___________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300
feet of the applicant’s property, as shown by a local title company OR payment of $50.00 which shall
be utilized by the City to obtain a current list of property owners of all properties within 300 feet of the
applicant’s property.
Fee for Special Permit - $500.00
Environmental Checklist - $ 75.00 (If Applicable)
Radius Notification - $ 50.00
$625.00
SEPA Checklist (If Applicable) Site map Fee of $625
Page 84 of 187
Page 85 of 187
REST
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TANK DATA
TANK ID STORED MATERIAL CAPACITY (BBLS)
1 UNLEADED 22,484
2 UNLEADED 13,204
3 UNLEADED 14,740
4 UNLEADED 53,582
5 ETHANOL 26,635
6 JET-A 33,346
7 DIESEL 19,823
8 DIESEL 23,896
9 JET-A 33,120
11 TRANSMIX 9,530
12 DIESEL 59,553
13 JP-8 30,416
14 UNLEADED 35,204
15 UNLEADED 30,288
16 DIESEL 35,811
17 UNLEADED 44,215
18 UNLEADED 44,223
19 UNLEADED 44,301
20 OUT OF SERVICE N/A
21 TREATED WATER TANK 5,266
22 ADDITIVE 286
23 ADDITIVE 143
24 ADDITIVE 238
26 ADDITIVE 143
28 ADDITIVE 12
29 ADDITIVE 238
30 ADDITIVE 48
31 ADDITIVE 238
4502 RELIEF TANK 565
LEGEND
T
N
LOW NITROGEN PANEL
PIT-4102
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SNAKE RIVER
12
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Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community
0 610 1,200 1,800 2,400310
Feet
Overview
Map
SITE
Item: Marathon Tesoro Butane Blending Facility
Applicant(s): Mauricio Palen, obo, Angela Brown
File #: SP 2024-015 / SEPA2024-042 ±
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Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community
0 250 500 750 1,000130
Feet
Vicinity
Map
SITE
Item: Marathon Tesoro Butane Blending Facility
Applicant(s): Mauricio Palen, obo, Angela Brown
File #: SP 2024-015 / SEPA2024-042 ±
Pa
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I-2, Medium
Industrial
District
I-2, Medium
Industrial
District
I-2, Medium
Industrial
DistrictI-1, Light
Industrial
District
SNAKE
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SNAKE
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0 250 500 750 1,000130
Feet
Zoning
Map
SITE
Item: Marathon Tesoro Butane Blending Facility
Applicant(s): Mauricio Palen, obo, Angela Brown
File #: SP 2024-015 / SEPA2024-042 ±
Pa
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Industrial
Industrial
Industrial
Industrial
Industrial
Industrial
SNAKE
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SNAKE
RIVER
12
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P
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R
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0 250 500 750 1,000130
Feet
Comp Plan
Map
SITE
Item: Marathon Tesoro Butane Blending Facility
Applicant(s): Mauricio Palen, obo, Angela Brown
File #: SP 2024-015 / SEPA2024-042 ±
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Page 99 of 187
Page 100 of 187
Affidavit of Mailing
In regards to MF# SP2024-015
I, Carmen Patrick, hereby confirm that notification was sent by mail September 23, 2024 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 23rd day, September of 2024 .
\Jl.~uJfu ,~
Representative 's Signature
Page 101 of 187
Community Development Department
PO Box 293,525 N 3·0 Ave, Pasco , WA 99301
P: 509 .545.3441 / F: 509.545.3499
PUBLIC NOTICE
Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor llame al Departamento
de Desarrollo Comunitario y Econ6m ico de la Ciudad de Pasco a 509-545-3441.
A Public Hearing with the Hearing Examiner will be held on September 25, 2024, at 6:00 pm
Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco Washington.
Proposal: Mauricio Palen, on behalf of Angela Brown , has submitted a Special Permit Application (SP
2024-015) to construct and operate a Butane Blending Facility at an existing petroleum product storage
and transmission facility. The proposal is located on Parcel # 112 -580-020 in Pasco, WA 99301. 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 September 25, 2024, to be included in the written record. If you have
questions on the proposal, contact the Planning Division at (509) 905-2604 or via e-mail to :
ha t toria@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/pub liccomment
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 23 September 2024 by: Andrew Hattori, 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 De ve lopment Department at (509) 545-3441 or TDD (509) 585-4425 at least
ten da ys prior to the date of the meeting to make arrangements for specia l needs .
Page 102 of 187
• 4 .,.
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Page 103 of 187
\ME
:SORO LOGISTICS OPERATIONS LL
:SORO LOGISTICS NORTHWEST PIP
TY OF PACO - A . HATTORI
ADDRESS
19100 RIDGEWOOD PKWY
19100 RIDGEWOOD PKWY
PO BOX 293
CITY
SAN ANTONIO
SAN ANTONIO
PASCO
STATE ZIP
TX 78259
TX 78259
WA 99301
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AFFIDAVIT OF PUBLICATION
Account #Order Number Identification Order PO Amount Cols Depth
14026 595594 Print Legal Ad-IPL01957460 - IPL0195746 SP 2024-015 Marathon Te $195.78 1 65 L
Debra BarhamAttention:
CITY OF PASCO/LEGALS
PO BOX 293
PASCO, WA 99301
accountspayable@pasco-wa.gov
COUNTY OF BENTON)
SS
STATE OF WASHINGTON)
Mary Castro, being duly sworn, deposes and says, I am
the Legals Clerk of The Tri-City Herald, a daily
newspaper. That said newspaper is a local newspaper
and has been approved as a legal newspaper by order of
the superior court in the county in which it is published
and it is now and has been for more than six months
prior to the date of the publications hereinafter referred
to, published continually as a daily newspaper in Benton
County, Washington. That the attached is a true copy as
it was printed in the regular and entire issue of the Tri-
City Herald and not in a supplement thereof, ran 1 time
(s) commencing on 09/25/2024, and ending on
09/25/2024 and that said newspaper was regularly
distributed to its subscribers during all of this period.
1 insertion(s) published on:
09/25/24
(Signature of Legals Clerk)
Sworn to and subscribed before me this 25th day
of September in the year of 2024
Notary Public in and for the state of Texas, residing in
Dallas County
Extra charge for lost or duplicate affidavits.
Legal document please do not destroy!Page 105 of 187
REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue
WEDNESDAY, 9 October 2024
6:00 PM
1
TER FILE #: Z 2023-008
APPLICANT: Dennis Gisi
5109 N Road 68 Suite E
Pasco, WA 99301
REQUEST: REZONE: Parcel 116-140-050 Rezone from C-1 (Retail Business
District) to R-4 (High-Density Residential)
Timeline:
13 September 2023 Application Submitted
27 September 2023 Application Deemed Complete
25 September 2024 Application Noticed for Public Hearing
2 October 2024 Public Hearing Staff Report Published
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: BINDING SITE PLAN 2019-03 LOT 3; (Parcel 116-140-050).
General Location: Said property is located along the East side of Road 76 between Sandifur
Parkway and Wrigley Drive in Pasco WA.
Property Size: Approximately 2.52 acres (approximately 109,800 square feet)
2. ACCESS: The parcel has access from Road 76.
3. UTILITIES: Municipal water and sewer are available in Road 76.
4. LAND USE AND ZONING: The site is zoned C-1 (Retail Business District) and is vacant. Surrounding
properties are zoned and developed as follows:
North: C-1 Retail Business/City of Pasco Water Towers
East: C-1 Retail Business/Commercial Uses
South: C-1 Retail Business/Mid Columbia Library
West: R-1 Low Density Residential/Single Family Dwellings
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
Page 106 of 187
2
may be assigned R-1, R-2, R-3, 4-4, C-1 and O zoning. Per PMC 25.215.015 maximum gross density
of any proposed development within any zoning district, detailed as dwelling units per acre, shall
be no less than the corresponding minimum density shown 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.
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 Mitigated
Determination of Non-Significance (MDNS) for this project was issued on September 16, 2024,
under WAC 197-11-355.
7. Exhibits:
1) Rezone Application – Applicant Submittal
2) Site Plans – Applicant Submittal
3) Overview Map – City of Pasco
4) Vicinity Map – City of Pasco
5) Zoning Map – City of Pasco
6) Comprehensive Plan Map – City of Pasco
7) Site Photos – City of Pasco
8) SEPA Determination – City of Pasco
9) Affidavit of Mailing – City of Pasco
10) Affidavit of Posting – City of Pasco
Request
Applicant Dennis Gisi wishes to rezone Lot 3 of Binding Site Plan 2019-03, located at Parcel 116140050 in
Pasco, WA 99301 from C-1 (Retail Business) to R-4 (High-Density Residential). The site comprises
approximately 2.52 acres (approximately 109,800 square feet).
The underlying Land Use Code has recently been amended to “Mixed Residential & Commercial,” which
specifies 5 to 29 dwelling units (DU) per acre.
History
The site was platted in 2019, as part of Binding Site Plan 2019-03. The site was assigned RT zoning in 1981
via Ordinance 2388 and subsequently rezoned from RT (Residential Transition) to C-1 in 2003 via
Ordinance 3615. The site has never been developed and is currently vacant.
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 RT zoning in 1981 via Ordinance 2388 and subsequently rezoned to C-1 in 2003 via
Ordinance 3615.
2. The changed conditions, which are alleged to warrant other or additional zoning:
Per the applicant, due to economic conditions, the best use of the property is residential, not commercial.
3. Facts to justify the change on the basis of advancing the public health, safety and general
welfare:
Page 107 of 187
3
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.
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, If the property remains with the current C-1 zoning designation the property would be sold
as the applicant does not construct or operate commercial properties.
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.
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, posted
in the Tri-City Herald, and posted on-site on September 25, 2024.
2. Applicant wishes to rezone Parcel 116-140-050 from C-1 (Retail Business) to R-4 (High-Density
Residential).
3. The site comprises approximately 2.52 acres (approximately 109,800 square feet).
4. The underlying Land Use code specifies 5 to 29 dwelling units (DU) per acre.
5. The site was platted most recently in 2019, as part of Binding Site Plan 2019-03.
6. The site was assigned C-1 zoning in 2003 via Ordinances 3615.
7. The City’s 2018-2038 Comprehensive Plan Land Use Map designates the site as “Mixed Residential
& Commercial”.
Page 108 of 187
4
8. The “Mixed Residential and Commercial” designation may be developed with a combination of
single-family dwellings, patio homes, townhouses, and condominiums.
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 and Commercial.”
A change in zoning would be consistent with the comprehensive plan Land Use Map designation for the
site and could further the goals and policies of the Comprehensive Plan such as:
• Housing Policy H-1-A: 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. The current zoning only allows for a specific type of
development, C-1 uses on a main floor with residential units above and must be approved through
a special permit. A rezone to R-3 would allow for a variety of housing types including all those
listed in this policy.
• Housing Policy H-1-B: Higher intensity housing should be located near arterials and
neighborhood or community shopping facilities and employment areas. The proposed rezone
could make it easier to develop the land to the required density of the Comprehensive Plan and
the property is approximately 0.1 miles from Sandifur Parkway to the north and 0.1 miles from
Road 68 to the east. Significant portions of land to the south, north and east are zoned and
designated for strictly commercial uses, the proposal could allow for higher density development
adjacent to these uses.
• Land Use Policy LU-4-B: Encourage infill and higher density uses within proximity to major travel
corridors and public transportation service areas. The proposal is located in close proximity to
both Sandifur Parkway and Road 68 which are classified as arterial roads. The proposed rezone
may provide avenues for development at a higher density than under the current zoning
designation.
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. A development action affecting the site would be
subject to the State Environmental Policy Act (SEPA) and impacts to the natural and built environment,
including neighboring properties, would be considered and mitigated through the SEPA process.
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 Mixed Residential & Commercial 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
Page 109 of 187
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 Lot 2 of Binding Site Plan
2019-03; (Parcel 116-140-050), in Pasco WA., be rezoned from C-1 (Retail Business District) to R-4 (High-
Density Residential).
Page 110 of 187
Master File # SP 2023-008
Applicant Info
Name: Dennis Gisi
Address:
5109 N. Rd 68 Ste E
Pasco, WA 99301
Phone:
509-520-0505
Email:
dgisi@johnlscott.com
Community & Economic Development Department
PO Box 293, 525 N 3 rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
PETITION FOR ZONE CHANGE
Fee:$825
Date Submitted: 13 Sep 2023
Owner Info
(if different than applicant)
Name:
Terry Gilmore
Address:
2101 N. Columbia River Rd.
Pasco, WA 99301
Phone:
509-430-0013
Email:
tjgilmore13@gmail.com
Project Address: Rd 76 and Wrigley Dr. Pasco, WA
Project Parcel Number: _1_16_1_4_0_0_5_0 ______________________ _
Current Zoning: _C_-_1 ____________________________ _
Requested Zoning:_R_-4 ____________________________ _
Describe the nature and effect of the proposed change: _______________ _
To facilitate a higher density residential project. Current zoning is very restrictive.
Estimated time frame of development: _F_a_ll _2_0_23_-_F_a_ll_2_0_25 ______________ _
Updated July 2019
Page 111 of 187
What conditions warrant the proposed rezone? The exi sting zoning requires commercial on the groun,
ground floor and this not feasible. Also current zoning is very restrictive for higher density housing
How will the proposed rezone advance the health, safety, and general welfare of the community?
The proposed project will provide for a larger co mmunity to serve the existing re t ail, commercial,
restaurant and medical establishment s as well as monitoring the neighborhood for crime and safety.
What effect will the proposed change have on the value and character of adjacent property?
The proposed project will enhance the adjacent properties and establishment by increasing the
uses and bring more activit y and economic vitality.
How does the proposed rezone relate to the City's Comprehensive Plan? _________ _
The City of Pasco has an increasing de mand for housing and this project will serve to help with
that demand. It is in line with Pasco's goals and future development.
What effect will be realized by the owner(s) if the proposed rezone is not granted? ______ _
The current zoning is restrictive to the point that without the rezone, any effort to develop the
property in a healthy supportive wa y would not be feasible or economically viable.
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300
feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall
be utilized by the City to obtain a current list of property owners of all properties within 300 feet of
the applicant's property.
Page 112 of 187
t t c· ifiii iii � Jty ° Community & Economic Development Department
•1 • ._....,asco PO Box 293, 525 N 3 rd Ave, Pasco, WA 99301
� ' P: 509.545.3441 / F: 509.545.3499
Fee for Rezone Environmental Checklist Radius Notification
C SEPA Checklist □Site map
State of Washington
County of Franklin ss.
.. MARISSA GUTIERREZ NOTARY PUBLIC #5287 STATE OF WASHINGTON COMMISSION EXPIRES MARCH 29. 2027
$700.00 $ 75.00 $ 50.00 $825.00
□Fee of $825
Fee:$825
On this /l1_.day o�
for the State o Washington, � a I before me the undersigned, a Notary Public in andduly commissioned an sworn, personally appeared +--"�=A..'----1-;...7,!--L-.a:;J.��-----being duly sworn on his/her oath that he/she has prepared r ad the foregoing statements and has acknowledged to me that the recitations contained therein are true, and has signed this instrument as his/her free and voluntary act and deed for the purposes therein mentioned.
SUBSCRIBED AND SWORN to before me this /J�ay of �, ;!J:gg.
Updated July 2019
Page 113 of 187
TOTAL GROSS SF PER FLOOR: 27,800 SF+/. (NOT INCL. BALCONIES)
30 UNITS/FLOOR 34 CARS REQ/FLOOR
4 • 2 BEDROOMS @ 1,200 SF/UNIT+/·
18 • 1 BEDROOMS @ 780 SF/UNIT+/.
8 ·STUDIOS@ 525 SF/UNIT+/•
8CARSREQ.
18CARSREQ.
8CARSREQ.
FLOOR 4: 30 UNITS
FLOOR 3: 30 UNITS
FLOOR 2: 30 UNITS
FLOOR 1: 18 UNITS
TOTAL UNITS: 106 UNIT S
34CARSREQ.
34CARSREQ.
34CARSREQ.
20CAR SREQ.
OPTIONAL RETAIL COMMERCIAL
AT GROUND FLOOR
122 CARS REQ. 135 SPACES PROVIDED
WP . APARTMENTS
PASCO WASHINGTON
FEBRUARY 2023
PROPOSED CONCEPTUAL DESIGN
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,....>----�I I= :-. ----,-. I -------2 1 r-------H-: I I I I I I I t r -
I I I I I I I I
TOTAL GROSS SF PER FLOOR: 27,800 SF+/-(NOT INCL. BALCONIES)
30 UNITS/FLOOR 34 CARS REQ/FLOOR
4 - 2 BEDROOMS @ 1,200 SF/UNIT+/-
18 - 1 BEDROOMS @ 780 SF/UNIT+/-
8 -STUDIOS@ 525 SF/UNIT+/-
FLOOR 4: 30 UNITS
FLOOR 3: 30 UNITS
FLOOR 2: 30 UNITS
FLOOR 1: 16 UNITS
34 CARS REQ.
34 CARS REQ.
34 CARS REQ.
20 CARS REQ.
8 CARS REQ.
18 CARS REQ.
8 CARS REQ.
TOTAL UNITS: 106 UNITS 122 CARS REQ. 135 SPACES PROVIDED
WP.APARTMENTS
I
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STAIR 1ELEV -
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I I I I I I I I
CONCEPTUAL PROJECT UNIT MIX AND SQUARE FOOTAGES
PARKING REQUIREMENTS
12.7.2022
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AFFIDAVIT OF PUBLICATION
Account #Order Number Identification Order PO Amount Cols Depth
14026 595595 Print Legal Ad-IPL01957570 - IPL0195757 Z-2023-008 Gisi Water To $203.60 1 68 L
Debra BarhamAttention:
CITY OF PASCO/LEGALS
PO BOX 293
PASCO, WA 99301
accountspayable@pasco-wa.gov
COUNTY OF BENTON)
SS
STATE OF WASHINGTON)
Mary Castro, being duly sworn, deposes and says, I am
the Legals Clerk of The Tri-City Herald, a daily
newspaper. That said newspaper is a local newspaper
and has been approved as a legal newspaper by order of
the superior court in the county in which it is published
and it is now and has been for more than six months
prior to the date of the publications hereinafter referred
to, published continually as a daily newspaper in Benton
County, Washington. That the attached is a true copy as
it was printed in the regular and entire issue of the Tri-
City Herald and not in a supplement thereof, ran 1 time
(s) commencing on 09/25/2024, and ending on
09/25/2024 and that said newspaper was regularly
distributed to its subscribers during all of this period.
1 insertion(s) published on:
09/25/24
(Signature of Legals Clerk)
Sworn to and subscribed before me this 25th day
of September in the year of 2024
Notary Public in and for the state of Texas, residing in
Dallas County
Extra charge for lost or duplicate affidavits.
Legal document please do not destroy!Page 137 of 187
REPORT TO HEARING EXAMINER
City Hall – 525 North Third Avenue – Council Chambers
WEDNESDAY October 9, 2024
6:00 PM
1
MASTER FILE #: ZD 2024-001
APPLICANTS: Macario & Emelda Valdivia
4210 Orville Loop
Pasco WA 99301
REQUEST: Zoning Determination: Development of a zoning
recommendation for the Valdivia Annexation of
approximately .16 acres of land located at the northwest
corner of Road 44 and West Argent Road in Pasco WA.
BACKGROUND
1. PROPERTY DESCRIPTION:
Parcel 2 according to the Survey recorded under Auditor's file Number 1840267, records
of Franklin County Washington, comprising approximately .16 acres (Parcel 119051197)
in Pasco, WA 99301.
Comprising approximately .16 acres, more or less.
General Location: Located at the northwest corner of Road 44 and West Argent Road in
Pasco WA.
Property Size:
Parcel Taxpayer Name Square Feet Acres
119051197 Macario & Emelda VALDIVIA 6,970.00 0.16
Total 6,970.00 0.16
2. ACCESS: The site is accessed from Road 44 and West Argent Road.
3. UTILITIES: A 20” ductile iron water main runs along West Argent Road and continues just
north of the property through West Argent Place and also north along Road 44; an 18”
sewer service line is available in West Argent Road.
4. LAND USE AND ZONING: Surrounding properties are zoned and developed as follows:
NORTH: C-1 (Retail Business) Mini-mart
EAST: RT; RS-20(County) Cross-country Park; SFDUs
SOUTH: RS-20 (County) Interstate I-182
WEST: RS-20 (County); C-1 Interstate I-182; Vacant
Page 138 of 187
2
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial
uses. Per Pasco Municipal Code (PMC) 25.215.015 Comprehensive Plan land use
density table, the Commercial designation may accommodate neighborhood,
community and regional shopping and specialty centers, business parks, service and
office uses, and may be zoned O (Office), BP (Business Park), C-1 (Retail Business), C-
2 (Central Business), C-3 (General Commercial), or CR (Regional Commercial).
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project.
An environmental determination will be made after the public hearing for this project
prior to platting and development. A Determination of Non-Significance or a Mitigated
Determination of Non-Significance is likely (WAC 197-11-355).
ANALYSIS
The City Council is scheduled to consider an ordinance to annex approximately .16 acres of land
generally located northwest of the Road 44/Argent Road intersection on November 16, 2024.
The Hearing Examiner is to hold a zoning determination hearing to recommend an appropriate
zoning district for the annexation area.
In determining the most appropriate zoning for the annexation area, the Hearing Examiner needs
to consider the existing land uses, nearby development, zoning, policies of the Comprehensive
Plan and the Land Use Designations of the Land Use Map. The Hearing Examiner also needs to be
guided by the criteria in PMC 25.210.060 (as discussed below) in developing a zoning
recommendation.
The purpose of the annexation is to expand commercial opportunities within the City of Pasco’s
Urban Growth Area (UGA).
To maintain consistency with current zoning, land uses, utility planning and the Comprehensive
Plan, appropriate zoning should be applied to the proposed annexation area.
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 is currently zoned RS-20 (County); it is unknown when this zoning designation became
effective.
(2) The changed conditions which are alleged to warrant other or additional zoning;
• A petition to be annexed was considered by the City of Pasco on August 5, 2024
(Resolution 4476).
• Properties to the north have been developed with mini-storage units and a mini-mart.
(3) Facts to justify the change on the basis of advancing the public health, safety and general
welfare;
Page 139 of 187
3
The Pasco City Council will consider an Ordinance to annex the property on November 16, 2024;
while annexation will avail the property of increased per-capita police and fire services, which
will promote public safety to the site, the property needs to be zoned for the advancement of
the general welfare of the community so that development may occur. Zoning the property will
eventually lead to development, which in turn will require water hookups for the provision of
clean potable water to the site and sewer hookups for the provision of sanitary waste disposal;
as well, new development may require the installation of one or more fire hydrants, promoting
increased fire safety in the area. All of these improvements will advance the general welfare of
the community.
(4) The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan;
Staff is recommending C-1 (Retail Business) zoning for the area; rezoning the property to C-1
would align with the Comprehensive Plan Land Use designation for the area and would match
the zoning for the commercially developed properties to the north.
(5) The effect on the property owner or owners if the request is not granted;
Without the annexation area being assigned a specific zoning district, the area will be un-zoned.
The area needs to be zoned to provide certainty and benefit to the property owners, developers,
and adjoining property owners.
(6) The Comprehensive Plan land use designation for the property;
The Comprehensive Plan Land Use Designation for the property is Commercial.
(7) Such other information as the Hearing Examiner requires.
The site is within the City's Urban Growth Boundary. Contiguous properties to the north were
annexed in 1977 and assigned R-1 and RT zoning (Ordinance 1898). Properties directly to the
north were rezoned to C-1 in 1981 (Ordinance 2259) and have recently been developed with
commercial uses.
INITIAL 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 posted in the Tri-City Herald on Wednesday
September 18, 2024, posted on-site, and sent to property owners within 300 feet of
the property on September 16, 2024.
Classification Purpose and Description Zoning *
Commercial
Neighborhood, community and regional
shopping and specialty centers, business
parks, service and office uses
O; BP; C-1; C-2; C-3; CR
Page 140 of 187
4
2. The City Council is scheduled to consider an annexation ordinance for approximately
.16 acres of land generally located northwest of the Road 44/Argent Road intersection
November 16, 2024.
3. The site is currently zoned RS-20 (County); it is unknown when this zoning designation
became effective.
4. A petition to be annexed was considered by the City of Pasco on August 5, 2024
(Resolution 4476).
5. Properties to the north have been developed with mini-storage units and a mini-mart.
6. The Pasco City Council will consider an Ordinance to annex the property on November
16, 2024.
7. The property needs to be zoned for the advancement of the general welfare of the
community so that development may occur.
8. The Comprehensive Plan Land Use Designation for the property is Commercial.
9. Staff is recommending C-1 (Retail Business) zoning for the area.
10. Rezoning the property to C-1 will align with the Comprehensive Plan Land Use
designation for the area.
11. Without the annexation area being assigned a specific zoning district, the area will be
un-zoned.
12. The area needs to be zoned to provide certainty and benefit to the property owners,
developers, and adjoining property owners.
13. The site is within the City's Urban Growth Boundary.
14. Contiguous properties to the north were annexed in 1977 and assigned R-1 and RT
zoning (Ordinance 1898).
15. Properties directly to the north were rezoned to C-1 in 1981 (Ordinance 2259)
16. 15. Properties directly to the north have recently been developed with commercial
uses.
Page 141 of 187
5
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone the Hearing Examiner must develop its
conclusions from the findings of fact based upon the criteria listed in PMC 25.210.060 and
determine whether or not:
1. The proposal is in accord with the goals and policies of the Comprehensive Plan.
Staff has recommended C-1 (Retail Business) zoning for the area; rezoning the property to
C-1 will align with the Commercial Comprehensive Plan Land Use designation for the area.
The proposal will support the following Comprehensive Plan Goals and Policies:
LU-1-C Policy: Encourage conservation design with cluster commercial development and
discourage strip commercial development.
By applying C-1 zoning to the site there will be a “cluster of commercial development at
the Road 44 and West Argent Street intersection.
LU-2-A Policy: Maintain sufficient land designated to accommodate residential,
commercial, industrial, educational, public facility, and open-space uses proximate to
appropriate transportation and utility infrastructure.
Commercial uses should be located on or near arterial streets; West Argent Road is a minor
arterial street.
LU-6-A Policy: Encourage commercial and higher-density residential uses along major
corridors and leverage infrastructure availability.
West Argent Road is a minor arterial street.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
Zoning the proposed annexation area C-1 (Retail Business) zoning will cause the site to be
consistent with the Comprehensive Plan and compatible with development taking place
to the north.
3. There is merit and value in the proposal for the community as a whole.
There is merit and value in following the guidance of the Comprehensive Plan when
assigning zoning to properties within the community. The Plan has indicated this property
should be zoned Commercial (See Comprehensive Plan Map). Assigning C-1 zoning may
lead to additional shopping and employment opportunities for Pasco residents.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from
the proposal.
The proposal is consistent with the Comprehensive Plan and no mitigation measures are
proposed at this time. When specific development is proposed, applicants will be required
to perform mitigation measures commensurate with specific impacts. Applicant shall be
required to install improvements and infrastructure per City of Pasco requirements.
Page 142 of 187
6
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.
A concomitant agreement is not needed.
RECOMMENDATION
Staff recommends the City Council assign C-1 (Retail Business) zoning to the Valdivia Annexation
Area, comprising approximately .16 acres located on Parcel 2 according to the Survey recorded
under Auditor's file Number 1840267, records of Franklin County Washington (Parcel
119051197).
Page 143 of 187
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Affidavit of Mailing
In regards to MF# 2D2024-001
I, Carmen Patrick, hereby confirm that notification was sent by mail September 162, 2024 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 16th day, September of 2024 .
•', \};lhl\ls�k Q �l�
Representative's Signature
Page 159 of 187
', Pil�co lomn111n11v De\elormE ,it DE 'p?rt,nert
PO Box 293 52S N 3 Av0, Pascu WA '39301
P.50':i '.:,45 3441 / F. 50° 545 349°
NOTICE OF PUBLIC HEARING
Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor llame al Departamento de
Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441.
PLEASE TAKE NOTICE that the Pasco Hearing Examiner will hold a public hearing at 6:00 p.m., Wednesday, October
9, 2024 to consider the establishment of zoning (ZD 2024-001) for the unincorporated property identified below; in
the event such property is annexed to the City of Pasco; C-1 (Retail Business District) zoning is being considered.
General Location: The site is generally located on the northwest corner of West Argent Road and Road 44, Franklin
County, WA.
Legal Description:
That portion of the North half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section
23, Township 9 North, Range 29 East, W.M., Franklin County, Washington lying northerly of Interstate Highway 182,
more precisely defined as lying northerly of a line described as:
Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) CB 24+00 on the CB Line
Survey of SR 82, Road 68 Interchange Vicinity to SR 395 Interchange Vicinity, and 45 feet Northeasterly therefrom;
Thence Southeasterly parallel with said line survey to a point opposite HES CB 28+13.03 thereon; Thence
Northeasterly to a point opposite HES CB 28+40.68 on said CB Line Survey and 110.92 feet Northeasterly therefrom;
Thence Easterly to a point opposite HES CB 28+96.15 on said CB Line Survey and 133.82 feet Northeasterly therefrom
and the end of this line description; EXCEPT the East 30 feet thereof; AND EXCEPT the North 30 feet thereof; AND
EXCEPT any portions lying within W. Argent Road right-of-way and lying within Road 44 (PARCEL 119051197).
Situated in Franklin County, State of Washington; comprising approximately .16 Acres
THEREFORE, LET ALL CONCERNED TAKE NOTICE that a Public Hearing will be held by the Hearing Examiner of the
City of Pasco, Washington, in the City Council Chambers, Pasco City Hall, 525 N 3rd Ave at the hour of 6:00 p.m.,
Wednesday, October 9, 2024, so that all concerned may appear and present any objections or support for the
establishment of zoning classifications for the proposed annexation area. 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 virtually in the hearing, please register at least 2 hours prior to the
meeting at the following registration link:
www.pasco-wa.gov/publiccom ment
After registering, you will receive a confirmation email containing information about joining
the webinar.
Public comment Period: Written comments submitted to the Community Development Department by 5:00 p.m.
on Wednesday, October 2, 2024 will be included in the Hearing Examiner's meeting packet. You may also submit
comments at the Hearing Examiner meeting advertised above. Prepared September 16. 2024. by: Jeffrey B. Adams,
Associate Planner, PO Box 293 Pasco, WA 99301 (509) 545-3441.
. f p elcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be��O �W . . .. , • t
excluded or denied the benefit of participating in such meetings. If you wrsh to use aux1lIary aids or require assistance to commen
. 1-leas� ,cntact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least
at this p�::•"C "1ee Ing, P " -
ten da, 5 :-
:
•
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o
the date of :�e 'T\eeting to make arrangements for special needs.
Page 160 of 187
Vicinity
Map
25 50 -100
Feet
Item: Annexation - North Corner ofW Argent and Road 44
Applicant(s): Macario A. Valdivia
File #: ANX 2024-001
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f"\UUl"U::0~ CITY STATE ZIP
IIALD L & CHARESA L BARBER (E 250 DITTMER RD FAIRFIELD CA 94534
/\SJ2 LLC 1919 S DAWES ST KENNEWICK WA 99338-2024
)SKREY PROPERTIES LLC 1915 SHERIDAN PL RICHLAND WA 99352
::>SKR EY DEVELOPMENT LLC 1128 TOMICH AVE RICHLAND WA 99352
n O F PASCO PO BOX 769 PASCO WA 99301
n J & JANICE DANIELS 4204 W ARGENT PL PASCO WA 99301
~T & JANICE DANIELS 4205 W ARGENT RD PASCO WA 99301
CARIO & EMELDA VALDIVIA 4804 BIGHORN DR PASCO WA 99301
:F ADAMS 620 BIRCH AVE RICHLAND WA 99352
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REPORT TO HEARING EXAMINER
City Hall – 525 North Third Avenue – Council Chambers
WEDNESDAY October 9, 2024
6:00 PM
1
MASTER FILE #: ZD 2024-002
APPLICANTS: Shumway Family Properties LLC
c/o Carolyn Ann Shumway
401 Shumway Road
Pasco WA 99301
REQUEST: Zoning Determination: Development of a zoning
recommendation for the Shumway Annexation of
approximately 14.94 acres of land located at the
northwest corner of Road 44 and West Argent Road in
Pasco WA.
BACKGROUND
1. PROPERTY DESCRIPTION:
A portion of Franklin County Assessor’s Tax Parcel 124320057, as described below:
That portion of the Southwest ¼ of Section 33, Township 10 North, Range 29 East,
Willamette Meridian, lying easterly of Road 68 and westerly of Taylor Flats Rd, and lying
southerly of the following described line: Commencing at the southwest corner of said
Section 33; thence North 0°13’43” West 1119.25 feet along the west section line of said
section; thence leaving said section line North 89°46’17” East 495.16 feet to the east right
of way of Columbia River Road and the point of beginning; thence leaving said right of
way South 81°33’59” East 214.20 feet; thence South 80°36’20” East 117.46 feet; thence
South 84°43’49” East 278.48 feet; thence North 89°48’40” East 87.18 feet; thence North
81°19’37” East 130.42 feet; thence North 74°06’32” East 346.72 feet; thence North
56°25’39” East 83.56 feet; thence North 46°06’51” East 326.00 feet to the westerly right
of way margin of Taylor Flats Road and the terminus of said described line.
Subject to public road right of way dedicated under Auditor’s File Number 554813,
Records of Franklin County, Washington.
General Location: Located north of Dent/Clark Roads between Columbia River Road, and
Taylor Flats Road, in Pasco, Franklin County WA.
Property Size:
Parcel Taxpayer Name Square Feet Acres
124320057 Shumway Family Properties LLC 650,786.4 14.94
Total 650,786.4 14.94
Page 163 of 187
2
2. ACCESS: The site is accessed from Columbia River Road and Taylor Flats Road.
3. UTILITIES: No City of Pasco utilities are available nearby; The closest available City of
Pasco water and sewer lines are approximately a mile to the south in Road 68 near Burns
Road.
4. LAND USE AND ZONING: Surrounding properties are zoned and developed as follows:
NORTH: AP-20 (County) Agriculture
EAST: I-2 (County) Agricultural Processing
SOUTH: C-3 & RT Agriculture
WEST: RT Vacant; Agriculture
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial
uses. Per Pasco Municipal Code (PMC) 25.215.015 Comprehensive Plan land use density
table, the Commercial designation may accommodate neighborhood, community and
regional shopping and specialty centers, business parks, service and office uses, and may
be zoned O (Office), BP (Business Park), C-1 (Retail Business), C-2 (Central Business), C-3
(General Commercial), or CR (Regional Commercial).
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project.
An environmental determination will be made after the public hearing for this project
prior to platting and development. A Determination of Non-Significance or a Mitigated
Determination of Non-Significance is likely (WAC 197-11-355).
ANALYSIS
The City Council is scheduled to consider an ordinance to annex approximately 14.94 acres of
land generally located north of Dent/Clark Roads between Columbia River Road, and Taylor Flats
Road on November 16, 2024.
The Hearing Examiner is to hold a zoning determination hearing to recommend an appropriate
zoning district for the annexation area.
In determining the most appropriate zoning for the annexation area, the Hearing Examiner needs
to consider the existing land uses, nearby development, zoning, policies of the Comprehensive
Plan and the Land Use Designations of the Land Use Map. The Hearing Examiner also needs to be
guided by the criteria in PMC 25.210.060 (as discussed below) in developing a zoning
recommendation.
The purpose of the annexation is to expand commercial opportunities within the City of Pasco’s
Urban Growth Area (UGA).
To maintain consistency with current zoning, land uses, utility planning, and the Comprehensive
Plan, appropriate zoning should be applied to the proposed annexation area.
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;
Page 164 of 187
3
The site is currently zoned AP-20 (County); it is unknown when this zoning designation became
effective.
(2) The changed conditions which are alleged to warrant other or additional zoning;
• A petition to be annexed was considered by the City of Pasco on August 5, 2024
(Resolution 4477).
• Surrounding properties to the south and west were annexed (ANX 2022-002) into the City
of Pasco on May 23, 2022 (Ordinance 4591)
• Surrounding properties to the east and southeast are zoned I-2 (County Medium
Industrial) and C-3 (General Commercial), respectively.
• The recently updated and approved Comprehensive Plan Land Use Map designates the
site for Commercial development.
(3) Facts to justify the change on the basis of advancing the public health, safety and general
welfare;
The Pasco City Council will consider an Ordinance to annex the property on November 16, 2024;
while annexation will avail the property of increased per-capita police and fire services, which
will promote public safety to the site, the property needs to be zoned for the advancement of
the general welfare of the community so that development may occur. Zoning the property will
eventually lead to development, which in turn will require full frontage improvements, including
curb, gutter, sidewalk, which will improve pedestrian safety; as well, water hookups will provide
clean potable water to the site; sewer hookups will provide sanitary waste disposal; as well, new
development may require the installation of one or more fire hydrants, promoting increased fire
safety in the area. All of these improvements will advance the general welfare of the community.
occur.
(4) The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan;
Staff is recommending C-3 (General Commercial) zoning for the area; assigning C-3 zoning to the
property would align with the Comprehensive Plan Land Use designation for the area.
The proposal will support the following Comprehensive Plan Goals and Policies:
LU-1-C Policy: Encourage conservation design with cluster commercial development and
discourage strip commercial development.
By applying C-1 zoning to the site there will be the opportunity for a “cluster” of commercial
development surrounding the Dent, Clark, Columbia River, and Taylor Flats Roads intersection.
LU-2-A Policy: Maintain sufficient land designated to accommodate residential, commercial,
industrial, educational, public facility, and open-space uses proximate to appropriate
transportation and utility infrastructure.
Commercial uses should be located on or near arterial streets; Road 68 approaching the
intersection of Dent, Clark, Columbia River, and Taylor Flats Roads is a principal arterial street.
LU-6-A Policy: Encourage commercial and higher-density residential uses along major corridors
and leverage infrastructure availability.
Page 165 of 187
4
Road 68 approaching the intersection of Dent, Clark, Columbia River, and Taylor Flats Roads is a
principal arterial street.
(5) The effect on the property owner or owners if the request is not granted;
Without the annexation area being assigned a specific zoning district, the area will be un-zoned.
The area needs to be zoned to provide certainty and benefit to the property owners, developers,
and adjoining property owners.
(6) The Comprehensive Plan land use designation for the property;
The Comprehensive Plan Land Use Designation for the property is Commercial.
(7) Such other information as the Hearing Examiner requires.
The site is within the City's Urban Growth Boundary. Contiguous properties to the south and west
were annexed in 2022 (Ordinance 4591) and assigned C-1 and RT zoning (Ordinance 4637) in
2023.
INITIAL 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 posted in the Tri-City Herald on Wednesday
September 18, 2024, and sent to property owners within 300 feet of the property on
September 16, 2024.
2. The City Council is scheduled to consider an annexation ordinance for approximately
14.94 acres of land generally located north of Dent/Clark Roads between Columbia
River Road, and Taylor Flats Road, in Pasco, Franklin County WA on November 16,
2024.
3. The site is currently zoned AP-20 (County); it is unknown when this zoning designation
became effective.
4. A petition to be annexed was considered by the City of Pasco on August 5, 2024
(Resolution 4477).
5. Contiguous properties to the south and west were annexed in 2022 (Ordinance 4591).
6. Contiguous properties to the south and west were assigned C-1 and RT zoning in 2023
(Ordinance 4637).
7. Surrounding properties to the east and southeast are zoned I-2 (County Medium
Classification Purpose and Description Zoning *
Commercial
Neighborhood, community and regional
shopping and specialty centers, business
parks, service and office uses
O; BP; C-1; C-2; C-3; CR
Page 166 of 187
5
Industrial) and C-3 (General Commercial), respectively.
8. The recently updated and approved Comprehensive Plan Land Use Map designates
the site for Commercial development.
9. The property needs to be zoned for the advancement of the general welfare of the
community so that development may occur.
10. Staff is recommending C-3 (General Commercial) zoning for the area;
11. Rezoning the property to C-3 would align with the Comprehensive Plan Land Use
designation for the area.
12. Without the annexation area being assigned a specific zoning district, the area will be
un-zoned.
13. The area needs to be zoned to provide certainty and benefit to the property owners,
developers, and adjoining property owners.
14. The site is within the City's Urban Growth Boundary.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone the Hearing Examiner must develop its
conclusions from the findings of fact based upon the criteria listed in PMC 25.210.060 and
determine whether or not:
1. The proposal is in accord with the goals and policies of the Comprehensive Plan.
Staff has recommended C-3 (General Commercial) zoning for the area; rezoning the
property to C-3 will align with the Commercial Comprehensive Plan Land Use designations
for the area.
The proposal will support the following Comprehensive Plan Goals and Policies:
LU-1-C Policy: Encourage conservation design with cluster commercial development and
discourage strip commercial development.
By applying C-1 zoning to the site there will be the opportunity for a “cluster” of
commercial development surrounding the Dent, Clark, Columbia River, and Taylor Flats
Roads intersection.
LU-2-A Policy: Maintain sufficient land designated to accommodate residential,
commercial, industrial, educational, public facility, and open-space uses proximate to
appropriate transportation and utility infrastructure.
Commercial uses should be located on or near arterial streets; Road 68 approaching the
intersection of Dent, Clark, Columbia River, and Taylor Flats Roads is a principal arterial
street.
LU-6-A Policy: Encourage commercial and higher-density residential uses along major
corridors and leverage infrastructure availability.
Page 167 of 187
6
Road 68 approaching the intersection of Dent, Clark, Columbia River, and Taylor Flats
Roads is a principal arterial street.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
Zoning the proposed annexation area C-3 (General Commercial) zoning will cause the site
to be consistent with the Comprehensive Plan and compatible with surrounding
commercial and industrial zoning to the east and southeast.
3. There is merit and value in the proposal for the community as a whole.
There is merit and value in following the guidance of the Comprehensive Plan when
assigning zoning to properties within the community. The Plan has indicated this property
should be zoned Commercial (See Comprehensive Plan Map). Assigning C-3 zoning may
lead to additional shopping and employment opportunities for Pasco residents.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from
the proposal.
The proposal is consistent with the Comprehensive Plan and no mitigation measures are
proposed. When specific development is proposed, applicants will be required to perform
mitigation measures commensurate with any identified specific impacts. Applicant shall
be required to install improvements and infrastructure per City of Pasco requirements.
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.
A concomitant agreement is not needed.
RECOMMENDATION
Staff recommends the City Council assign C-3 (General Commercial) zoning to the Shumway
Annexation Area as described below and generally located north of Dent/Clark Roads between
Columbia River Road, and Taylor Flats Road, in Pasco, Franklin County WA. (a portion of
Assessor’s Tax Parcel 124320057), comprising approximately 14.94 acres:
That portion of the Southwest ¼ of Section 33, Township 10 North, Range 29 East, Willamette
Meridian, lying easterly of Road 68 and westerly of Taylor Flats Rd, and lying southerly of the
following described line: Commencing at the southwest corner of said Section 33; thence North
0°13’43” West 1119.25 feet along the west section line of said section; thence leaving said section
line North 89°46’17” East 495.16 feet to the east right of way of Columbia River Road and the
point of beginning; thence leaving said right of way South 81°33’59” East 214.20 feet; thence
South 80°36’20” East 117.46 feet; thence South 84°43’49” East 278.48 feet; thence North
89°48’40” East 87.18 feet; thence North 81°19’37” East 130.42 feet; thence North 74°06’32” East
346.72 feet; thence North 56°25’39” East 83.56 feet; thence North 46°06’51” East 326.00 feet to
the westerly right of way margin of Taylor Flats Road and the terminus of said described line.
Subject to public road right of way dedicated under Auditor’s File Number 554813, Records of
Franklin County, Washington.
Page 168 of 187
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Affidavit of Mailing
In regards to MF# ZD2024-002
I, Carmen Patrick, hereby confirm that notification was sent by mail September 162, 2024 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 16th day, September of 2024.
Page 184 of 187
PO Box 293 525 N 3: Ave, Pasco, WA 99301
P 509 54 5.3441 / F 509 54 5 3499
CITY OF PASCO
NOTICE OF PUBLIC HEARING
Si necesita ayuda para entender este aviso o necesita mas informacion, por favor llame al Departamento de
Desarrollo Comunitario y Economico de la Ciudad de Pasco a 509-545-3441.
PLEASE TAKE NOTICE that the Pasco Hearing Examiner will hold a public hearing at 6:00 p.m., Wednesday, October
9, 2024 to consider the establishment of zoning (ZD 2024-002) for the unincorporated property identified below; in
the event such property is annexed to the City of Pasco; C-3 (General Commercial District) zoning is being considered.
General Location: The site is generally located north of Dent Road between Columbia River Road, and Taylor Flats
Road, Franklin County, WA.
Legal Description: That portion of the Southwest of Section 33, Township 10 North, Range 29 East, Willamette
Meridian, lying easterly of Road 68 and westerly of Taylor Flats Rd, and lying southerly of the following described
line: Commencing at the southwest corner of said Section 33; thence North 0 °13'43" West 1119.25 feet along the
west section line of said section; thence leaving said section line North 89°46'17" East 495.16 feet to the east right
of way of Columbia River Road and the point of beginning. Thence leaving said right of way South 81 °33'59" East
214.20 feet; thence South 80°36'20" East 117.46 feet; thence South 84°43'49" East 278.48 feet; thence North
89°48' 40" East 87.18 feet; thence North 81 °19'37" East 130.42 feet; thence North 74 °06'32" East 346. 72 feet; thence
North 56 °25'39" East 83.56 feet; thence North 46 °06'51" East 326.00 feet to the westerly right of way margin of
Taylor Flats Road and the terminus of said described line.
Comprising 14.94 acres, more or less.
Subject to public road right of way dedicated under Auditor's File Number 554813, Records of Franklin County,
Washington.
THEREFORE, LET ALL CONCERNED TAKE NOTICE that a Public Hearing will be held by the Hearing Examiner of the
City of Pasco, Washington, in the City Council Chambers, Pasco City Hall, 525 N 3rd Ave at the hour of 6:00 p.m.,
Wednesday, October 9, 2024, so that all concerned may appear and present any objections or support for the
establishment of zoning classifications for the proposed annexation area. 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 virtually in the hearing, please register at least 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.
Public Comment Period: Written comments submitted to the Community Development Department by 5:00 p.m.
on Wednesday, October 2, 2024 will be included in the Hearing Examiner's meeting packet. You may also submit
comments at the Hearing Examiner meeting advertised above. Prepared September 16. 2024. by: Jeffrey B. Adams,
Associate Planner, PO Box 293 Pasco, WA 99301 (509) 545-3441.
Page 185 of 187
Vicinitv
Map Item: Zoning Determination to C-3 -Shumway .Annexation Applicant(s): Shum\vay Family Properties LLC File #: ZD 2024-002 ..
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JLUMBIA WATERS FARM LLC 1281 FALLS RD PASCO WA 99301
RGIL & DIANA BURNS 7827 BYERS RD PASCO WA 99301
-IUMWAY FAMILY PROPERTIES LLC 401 SHUMWAY RD PASCO WA 99301
NG & ELAINE MARS 1080 DENT RD PASCO WA 99301
WID L MCWHORTER 3017 COLUMBIA RIVER RD PASCO WA 99301
)WARD THOMAS GARZA 3015 COLUMBIA RIVER RD PASCO WA 99301
WAR EHOUSE LLC 110 TAYLOR FLATS RD PASCO WA 99301
)UNDY FARMS WEST LLC 1281 FALLS RD PASCO WA 99301
:FF ADAMS 620 BIRCH AVE RICHLAND WA 99352
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